Loading...
HomeMy WebLinkAbout3975 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 3975: Appeal Application of ARTHUR G. CARLSON for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural- Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. WHEREAS, public hearings were held on this Appeal of the October 11, 1991 Notice of Disapproval from the Building Inspector, on the following dates: (a) March 25, 1992, June 4, 1992 and June 30, 1992; WHEREAS, all comments were heard and both written and oral testimony having been recorded and made a part of this file; and WHEREAS, the Board has carefully considered all testimony and documentation, pro, con and other, submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use, previous and current zone districts, all surrounding areas -- including residential uses, agricultural uses and commercial uses in the vicinity of this property; and WHEREAS, the Board made the following findings of fact: 1. This is an application for an Interpretation as authorized by Section 100-271(D){1} of the zoning code appealing the October 11, 1991 Notice of Disapproval issued by the Page 2 - Appl. No. 3975 Application of ARTHUR G. CARLSON Decision Rendered Au§ust 18 , 1992 Building Inspector which states as follows: ...PLEASE TAKE NOTICE that your application dated August 23, 1991 for permit to process seafood mariculture at 1575 Lower Road, Southold, County Tax Map No. 1000, Section 069, Block 05, Lot 13, is returned herewith and disapproved on the following grounds: Article III, Section 100-31A(2) Residential and Agricultural Zone. An interpretation is needed by Zoning Board of Appeals on mariculture; its meaning~ and what the permitted uses are in an agricultural zone .... " 2. The specific provision for which an Interpretation is being requested applies to the Agricultural-Conservation (A/C) Zone District, and this Article III, Section 100-31A(2) reads as follows: 100-31. Use regulations... A. Permitted uses... (2) (Amended 5-23-89 by LL No. 8-1989). The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust- producing substance or use, except spraying and dusting to protect vegetation, within one-hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements... {emphasis added} (1) All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in excess of fifty (50) square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence ...must...comply with all the provisions hereof. (2) All signs shall conform... (3) Off-street parking shall be provided and shall be approved by the Planning Board... Page 3 - Appl. No. 3975 Application of ARTHUR G. CARLSON Decision Rendered ^u§ust 18 , 1992 (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots of ten (10) acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings... 4. The definition of fish processing is specifically provided in the zoning code and reads as follows: "...The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other fish factory operations .... " 5. The definition of agriculture is defined as "...The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules or goats or any mutation or hybridgs thereof, including the breeding and grazing of any or all of such animals; bees and apiary products, fur animals; fruits of all kinds including grapes, nuts and berries, vegetables, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program... " 6. The applicant's attorney has offered testimony to show comparisons of the following activities being conducted at the subject premises (in the large accessory barn and the garage) with agricultural and winery operations: (a) delivery of shellfish in their natural state, and shucking of the owner-resident's catch of scallops and steaming of conches; (b) purchase of shellfish and delivery to this site of scallops, conches and other crustaceans caught by persons other than the owner-resident of this property; Page 4 - Appl. No. 3975 Application of ARTHUR G. CARLSON Decision Rendered August 18, 1992 (c) shucking or steaming of crustaceans at this for distribution and sales for marketing off-premises and off-premises consumption; site (d) packaging of scallops and steamed conches into containers for off-site distribution and off-site sales and marketing; (e) refrigeration-storage of shellfish overnight for distribution off premises. 7. Although methods of commercial agricultural farming is comparable in many respects to fishing or harvesting of shellfish activities and although there are similar processes (such as cleaning, cutting, packing, bagging) that the farmer performs before shipping the vegetables or fruit to market, the application before this Board in effect is requesting an amendment to the legislation. It is the position of the Board that its authority in interpretations is limited only to the context of the provisions of the code and, of course, its meaning. Allowable agricultural operations are related to farming of the land and raising thereon of stock and animals. Maricultural operations, which are provided for the Marine I and II Zone Districts of the zoning code, involve the cultivation, breeding, growing and related development of aquatic or marine crops. It is the opinion of this Board that the activities conducted by the applicant do not constitute an agricultural operation under the provisions of the A/C Zone District, and this Board is not authorized to re-define, change, alter, add to, or otherwise modify the code definitions or use provisions of the code by way of interpretation. 8. It is noted, however, under subsection C(2) of this Agricultural-Conservation Zone District, the home occupation provision does authorize "baymen" having their primary residence at a site to conduct certain activities as an accessory to this residence. (Please also see definition of home occupation in Section 100-13). Such activities must be clearly secondary to the residential use and must be "...carried on by the residents which are connected with produce of the seas, bays or harbors .... " Other activities, such as the purchase of shellfish or other seafood, which is acquired from other areas and other baymen who do not reside at the premises, for the purpose of shipping, food-processing, packaging, wholesaling, etc. does not fall under this definition of an accessory Home Occupation use, or any other principal or accessory use provision in this Agricultural-Conservation (A/C) Zone District. NOW, THEREFORE, on motion by Mr. Villa, seconded by Mr. Dinizio, Page 5 - Appl. No. 3975 ApplicatioD of ARTHUR G. CARLSON Decision Rendered Au9ust 18 , 1992 IT IS HEREBY RESOLVED and declared that the activities described by the applicant and connected to the purchase, packaging and processing of shellfish caught by persons other than the owner or resident, do not fall under Section 100-31 of the provisions of the Agricultural-Conservation Zone District. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa, consisting of all members of the Board. This resolution was duly adopted. lk GERARD P. GOEHRINGER,~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, '7own of 5cr,:L: 2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'VF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the f~llowing matters 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,M3%RCH 25, 1992 con~nencing at the times specified below: (1) 7:32 p.m. Appl. No. 4090 - MR~ AND MRS. H. LLOYD K3aNEV. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less ~han 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road #3), East Marion, NY; County Tax Map Parcel ID 1000021-01-27.1 (inclusive of Lot #s 11, 13.3, 27, 29, & 30). (2) 7:40 p.m. Appl. No. 4086 - ANTHONY AND HELEN COUTSOUROS. This is an application requesting a determination confirming or Southold Town Board of Appeals recognizing this nonconforming vacant lot as a substandard lot, under Article III, Section 100-32A, and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 feet. (3 & 4) 7:45 p.m. Applications by WILLIAM C. GOODALE (Owner) and RICHARD GOODALE (Tenant) concerh'~ng premises known as 7655 Main'Road, Laurel (near Mattituck), NY, County Tax Map Parcel No. 1000-122-06-30.1 (previously 30), under: (a) Appl. No. 4092 for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 3.6,155 sq. ft. parcel. Third principal use is for the establishment of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a Southold Town Board of Appeals variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. (b) Appl. No. 4093 - WILLIAM C. GOODALE (Owner) for a Special Exception under Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales estblishment, (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outSide display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. (5) 8:00 p.m. Appl. No. 4070 - DALCHET CORP., WILLIAM AND LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed Lot No. 3 containing less than 80,000 sq. ft. in this R-80 zone district {the remaining four lots will meet the 80,000 sq. ft. size requirement}, and/or: (b) Article XVIII, Section 100~181C(2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly side of Harbor Lane, -3- Southold Town Board of Appeals Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. (6) 8:20 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. This is an appeal for an interpretation, resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that aquacultural use falls within the purview of agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-~-~; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79'. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: March 5, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/10/92: L.I. Traveler-WatcP~an, Inc. (fax transmission) Times-Review (fax transmission) Southold Town'Board of Abpeals Individual Files and Board Members Town Clerk Bulletin Board Mr. Robert T. Bayley, A.I.A. (Re: Kanev) 150 Lakeview Terrace, Box 595, East Marion, NY Demetrios R. Halikias, Esq. (Re: Coutsouros) Peachtree Executive Park, P.O. Box 209, Richard F. Lark, Esq. (Re: Dalchet Corp. P.O. Box 973, Cutchogue, NY 11935 11939 Riverhead 11901 & Orlowski) William C. Goggins, Esq.' (Re: Carlson) McNulty - Spiess, 633 East Main St., Box 757, Mr. Arthur G. Carlson, P.O. Box 673, Southold, NY Mr. Andre Moraillon (Re': Carlson) 225 Central Park West, Apt. 1107, NY, NY 10024 Mr. Frank Flynn, P.O. Box 144, Southold, NY 11971 Mr. Riverhead 11971 and Mrs. Theodore Klos, 475 Akerly Pond Lane, Southold 11971 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before tne $OUTHOLD TOWN BOAR~ - OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 4, 1992 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. Page 2 Legal Not~ Hearings for June 4~'1992 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to no~_mnrm fhmn ~iv~ n~mll~l ~n~ ~rmn~i~nt romm~rs. This parcel__._ contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal under Article Page 3 Legal Not! Hearings for June 992 Southold Town Board of Appeals XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111 - JOHI~ G. AND MARIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: off East End Avenue), Combined Lots iA and Northerly Side of Private Road (extending Fishers Island, NY; FIDCO Block 18, lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 - JOH~ J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; Page 4 - Legal Not~ Hearings for June.v4, 1992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND BETTY HINTZE. A variance is requested under Article F~XIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article Page 5 - NneOt4,~ Hearings ~oergajlu 1992 Southold Town Board of Appeals XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Design~- 1~00-8~-1-17_ 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Hearings u 992 Southold Town Board of Appeals Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the--B ....... = T ..... ~ ...... ~ ,,~ Article III. Sec~ix~n 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . .~./A,'e.~'....~ ~ ..... , 19 ~.O.. PLEASE TAKE NOTICE that your application dated .~.~.~ .... e~ ~ ....... 19 .~. O.. for permit to '-'~,3~,"..%a~.... ~,.~4~..~)~,. ~.....(.. · .~. · .~.~-- ............ at Location of Property./..,~...7..~.-. ....... O~.~...~-.~.: ....... .~ ~.~.. ....... House No. Street Ham/et County Tax Map No. 1000 Section ....~ ~.~ ..... Block .... 1~3. ~ ..... Lot ... 2. ~.~-~. · · Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds .(~),~..'~...~.. ~... ~..~. ~.~... ~ ~,..~. ~~~. ~.. ,~ ~ ~ ~ u~ '~ . Building Inspector RV 1/80 TOWN OF SOUTttOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtIOLD, N.Y. NOTICE OF DISAPPROVAL 001' I ii991 · PLEASE TAKE NOTICE that your application dated ...,~k-9,~. &M,~".. .~..~ ,19 .c/[ r ~ ' ~' .......... fo ~e~t to ~ ........~~ ~~~ . ~o ~o ~o. st~.~ t ....... -' ~'~: ~ ....... h3~3 i CountyTax Map No. 1000 Section .. ~.~.~ ...... Block . .~ ........ Lot ...~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~..~..~.~ d~.~ ~ ~(~2 . , . . ..... :.._~._ .... : .... ~. ~.~...~.~..xu .... ~.~:~. ~..~..~ ~.~~. ~.. .... .... .................................. Bu&ld~n9 Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ , 19... Approved ................ , 19... Permit No ............ Disapproved a/c ..................................... Bi D OF HEALTH ............ 3 OF PLANS ............ SURVEY ..................... CHECK ...................... SEPTIC FORM ................ NOTIFY CALL ..................... MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APELICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspectionsf'~ ~ .//) .......... (Sigr~ature of applicant, or name, if a c'o~I~o'rt;tlcJn) ...... , ,/c/. .... ..... .... (Mailing address of applicant) , State whether applicant is owner, lessee, agent, mrchitect, engineer, general contractor, electrician, plumber or builder. .... ~..~..W..~r:.. ................................................................................. Name of owner of premises ~Y'.¢~?.g ...... & ~. l.~(..-~.... .......................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder s License No .......................... Plumber's License No ......................... Electr cian's License No ............. :. ........ Other Trade's License No ...................... I. Location of land on which proposed work will be done ............ ' ........ ................. House Num bet Street Hamlet County Tax Map No. 1000 Section . ~d'~ .~)O ...... Block .~..~/. ~.~. ........ Lot...~/.~. ~,. D~.~) .... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... b' Intended use and occupancy 3. Nature of work (check which applicable): New Building .. ~.'. .... Addition ..... .' ...." .... Alte~'a"-'"tion 4. Estimate'd Cost ..... ,~.t ........................... Fee ......................... :. ~ ...... (to be paid on filing this appli~*a~ion 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ..... ' ....... If garage, number of cars ..; ................ . ..................................... ............. 6. If business, cominercial or mixed occupancy, specify nature and extent of each type of use 3'f?/~; ~.¥d..].~-~,q...e.e.e~._~' . . . 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories .................................... Dimensions of same structure with alterations or additions: Front ................. Rear· .................... .. _D.epth .. ..................... Height ........ · .............. Number of Stories ........ ' ........... Dimensions of entire new construction. Front q-~. / o__r Lc ~ / ~, ., ' H :? > ........ · / · . .... ~ .......... ,sca . · · t ............ ~epm .. ~ >,:. ......... Height ....~O. · ./' .... Nt~mber of Stones . . [ . Sizeoflot Front ~(.ff f¢~.,[ ~('2.-X'7'. ' Rea'r ./:'~'/' '~' ............ ~,.-~;.--~/~.2_3.> ............. · . . · ' ............. ~ ~ .............. l,t._~llr . .u,-o~¢~-. Date of Purchase ~6~ ~J~: ,/q.~t2 X*~me of F " [_g.t¢ _~_._ .. ~, ............. · . ': 7 - r~~- ................. ,5~ 'ormer ~Jwner .. ~,.taq,-t:~... t .C~ ./'.'-/ Zone or use &strict in which premises are situated... ~-'_'_~..~-.... / 7' ............ Does proposed construction violate any zoning law, ordinance or regulation: ...; ............ ................ Will lot be regraded ...... b"/~ .................. Will excess fill be removed from premises: Yes No ~ame of~ .Ow~n.e.r o.f premises k~-c.3t:/,lt~' (flair. ~ ....Address..~4~2... ,/~dt .... Phone No. ~.'5.5-f~. ~.O... amc oi Arcmrecr ............... Address .......... Phone No ............... Name of Contractor .......................... Address ................... Phone No ........... ../... 15.Is this property located within 300 feet of a tidal wetland? *YES .... tlf yes, $outhold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or ~Tcription according to deed, and show street names and indicate whether interior or corner lot. 9. 10. 11. 12. 13. 14. STATE OF NEW YORK, COUNTY OF ................. S.S named(Name, of individual signing contract) above being duly sworn, deposes and says that he is the applicant Notary Public ...... ~.~....~...~..(6~..,. ...... County He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said OWner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this · . .... day ............ ,19 OTOWN OF SOUTHOLD, NEW YOI .~,PPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. NOV - 6 i991 DATE Dc.tDber..25.,..1991 TO THE ZONING BOARD OF APPEALS, TOWN OF 1, (~w~...A~t, hu.r..£a.r.l.son ................................... o~ ...1.5. Z~...L..o.w.e..r....R..o.a..d. ............................................ Nome of Appellant Street and Number S0uthold New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ...~.0.~..!~'.z..~'.~J.~'. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) Name o{ Applicant for permit of 1575 Lower Road, Southold, ~e.~ YQ.r. lf Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) LOCATION OF THE PROPERTY ...1.~.ZfL.Lo.~en..RQ~,....S.0.~t~hO.I.cL...N..¢.~...Y.Q.r..If ............................ Street /Hamle~ / Use District on Zoning Map District 1000 Section 69 Block 5 Lot 137.~Current Owner Arthur Carlson Lot No. Prior Owner __J~Ld._ith Terry Map No. ].? . 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, secHon and Paragraph of the Zoning Orclinonce by number. Do not quote the Ordinance) Article III Section 100-31- A (2) Sub- (X 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 lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 Interpretation of above zoning ordinance ~REVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special perrnil ( ) request for a variance an amendment, to , 3975 Dated .... /~ugu~.t..2~,..Zg,9.Q .................................... crn~- ~- n~ ~n- Appea~ No ........... REASON FOR APPEAL ( ) A Variance ~o Section 280A Subsection 3 ( ) A Variance rD the Zoning Ordinance (~) Amended Application to appeal #3975 for an interpretation (Continue on other side) ~.EASC, N FC,~ ,,\PPE..\L 1 S~RICT APPLICATION OF THE ORDINANCE wouid produce practical diHicuitie: o? unneces-. scrv HARDSHIP because strict enforcement of the Southold Town Code would effectively Put us out of business and indirectly adversely affect many local $outhold Town Fisherman. Tile Southold Town Code does not adequitly protect the fisherman of our Town. Accordingly, we ask that the code treat residents engaged in the aquacultural busin'ess and the agricultural business equally. We are engaged in the business of packaging and distribution of locally produced aquatic products; just as farmers are engaged in the business of packaging and distribution of vegetables, and as wineries are engaged in the business of pack- againg and distribution of wine. COUNTY OF SUFFOLK ) AUTHUR CARLSON ~.,,~...~7~ ~'/" day oL...O, ctol~er. .......... '.] ........................... 19 91 Sworn to this .......................................... :" M. Bldg. '~ Foundation Bath Extension /$-y~,~. -.-,~(~ l ~ ~ ~ Ba~ment ~ Floors Exte~, ~/,[~ /~b~ Ext. Walls ~ ~ ~ ~e Interi°r Finish Extension ~/~=/~& ~ ~/J ~5~ ~ FirePlace ~ Heat Porch Pool A~ic ~ ~= /o~ /~ /~/~ Patio Rooms l~ Floor Breezeway Driv~ay Rooms 2nd Floor TOWN OF SOUTHOLD PROPERTY RECORD CARD '----N-ROWE ' ' STREET VILLAGE DIST. SUB. LOT;~,,~ FOYER OWNER N E ACR. S W CODE DATE OF CONSTRUCTION ~ND IMP. TOTAL DATE R~RKS - ' ,' "/ ~llable FRONTAGE ON WATER -, W~la~ FRONTAGE ON ROAD M~ DEPTH H~ PI~ BULKH~D To~l M. B!dg:~ '~ Foundation - Bath / Extension /5'~' ;~ 5/-- = ,,,~ (~ ~ _) ~ J~ ~ ~2 ~ Segment L~ p Floors Ex¥~s~, ?~15~ /~6~ Ext- Walls ~ ~ t ~, ~'~ Interior Finish ~. Extension ~/~=/~, ~/~ j j~ ~ FirePlace ~ Heat Porch Pool A~ic ~ ~= /o~ /~ /~/~ Patio Rooms l~ Floor Breezeway Driv~ay Rooms 2nd Floor o.B. ~/~ ~ /~ ~ .~ ,~> ~ ~.~ ~/~ APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 9, 1993 SCOTTL. HARRIS Supervisor Town Hail, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Andre Moraillon 375 Akerly Pond Lane Southold, NY 11971 Re: Your Letter Concerning Enforcement Appeal No. 3975 - Arthur G. Carlson Dear Mr. Mbraillon: Our office is in receipt of your letter concerning the above determination and its enforcement. Enforcement questions should be addressed to the enforcing agency of the Town. The Board of Appeals is not permitted by law to enforce its own determinations. Accordingly, your letter is being returned to you in order that you may address the enforcing agency and/or Town Attorney's Office directly. lk CC: Town Attorney's Office Building Department (Attn: Very truly_yours, · GERARD P. GOEHRINGER CHAIRMAN V. Lessard) Andre Moraillon 375 Akerly Pond Lane Southold, NY 11971 Gerard Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 April 5th, 1993 Dear Mr. Goehrin§er, My neighbor Ted Klos and I have been informed by Coun- cilman Joseph Lizewski that the action of the Board, rendered August 18, 1992, regarding Appeal Applica- tion no. 3975 of Arthur G. Carlson, is to go into ef- fect 8 months after its date of rendering. April 18th, 1993 will be the last day of the eighth month elapsed since that renderin§. I sincerely hope that the resolution concerning Carlson's illegal activities on Lower Road, and signed by yourself,will be properly enforced at that time.- Very truly yours, cc: Serge Doyen Jr. James Dinizio Jr. Robert A. Villa Councilman Lizewski .aPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, jn James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 9, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Andre Moraillon 375 Akerly Pond Lane Southold, NY 11971 Re: Your Letter Concerning Enforcement Appeal No. 3975 - Arthur G. Carlson Dear Mr. M'oraillon: Our office is in receipt of your letter concerning the above determination and its enforcement. Enforcement questions should be addressed to the enforcing agency of the Town. The Board of Appeals is not permitted by law to enforce its own determinations. Accordingly, your letter is being returned to you in order that you may address the enforcing agency and/or Town Attorney's Office directly. Very truly yours, lk CC: Town Attorney's Office Building Department (Attn: GERARD p. GOEHRINGER CHAIRMAN V. Lessard) *JOHN R, MCNUL.TY .JAMES SPI£SS WILLIAM C. GOGGINS HcNULTY - SPIESS September 27, 1993 SEP 2 8 1~3 Mr. Thomas Wickham Councilman Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Southold Town Code Amendment; Arthur G. Carlson Dear Mr. Wickham: As of this date, I still have not received a notice for the next meeting of the Zoning and Planning Committee. We have been waiting since April 27, 1993 for you to schedule same. Kindly advise me of the next meeting and your thoughts as to how you think this matter should proceed. If I can be of assistance to you, please do not hesitate to contact me. Very truly yours, WCG/cag CCi Mr. Scott L. Harris Mr. Raymond Edwards Mr. Joseph Lizewski Mr. George Penny, IV Ms. Alice J. Hussie Mr. Gerard C. Goehringer Mr. James DiNizio Mr. Robert A. Villa Mr. Serge Doyen, Jr. % SOUTHOLD PLANNING BOARD 16 APRIL 6, 1992 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to approve the March 16, 1992 minutes. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I believe Mr. Carlson is here. Is Mrs. Sinko here too? Mr. Carlson: No, she said she would be here but I guess something happened. I just would like to find something out. She owns the property, I would just like to find out something about leasing the property. When I checked on it I was told we need to waiver a site plan approval. She has a site plan for changes. She went for a waiver of site plan approval and you guys gave her permission to go back and use it like it was being used as a ice cream store but denied a waiver for use as a vegetable and shellfish retail store. I was wondering if you can tell me which way I can go from here? I mean, I am trying to find the right place and the right zone to do as I should be doing and I thought that was an ideal location with reasonable rent. I don't know what her plans are, I understand that the site plan she put in for changes is going to expire in two months. If that expires, what happens at that point? Does that revert back to what it was automatically or do we still have to change the use? Mr. Orlowski: She would have to come in. I don't know if she plans on doing that. What is that about three years? Ms. Spiro: Three years, right. Mr. Orlowski: So she can come in and ask for another extension. Mr. Carlson: Well, you agreed to let her use it as an ice cream store. Mr. McDonald: You were going to go in in place of the ice cream store? SOUTHOLD PLANNING BOARD i7 APRIL 6, 1992 Mr. Carlson: No, she had somebody talking to her that wanted to re-open an ice cream store there and at the same time she had me talking to her about opening a retail store. ~here was an antique store and an ice cream store. Mr. McDonald: You would go into the antique area where the antiques were? Mr. Carlson: No, I wanted to go into the front place where the ice cream store was. She has someone else that wanted to rent the ice cream store and they were going to go into the antique place. Mr. Orlowski: She never told us that. Mr. Carlson: I think she was afraid of having problems with the site plan approval she had. I came down and asked for a copy of the letter and it said that you thought it was too intense a use. Too intense a use as a ice cream and what I would like to use it for. Would it be O.K. to use it for one or the other but not for both? What are the feelings on it? Mr. McDonald: We were under the impression that the ice cream store was going to go back in to right where the ice cream was. Mr. Carlson: Oh, I see. Mr. McDonald: Nobody said that the ice cream was going to move to the other side at all and this is news. Mr. Carlson: I didn't care, I told her I would take either one. She wanted a hundred dollars more for the bigger one in the back side then the one in the front. I said the small one would be fine. I was just going to sell just some limited local vegetables and lobsters and clams and just local produce and shellfish basically and I told her the small one would be just fine and it was a hundred dollars less a month. I said I would be happy to take that one. I understand now that the person who is talking about opening an ice cream store has decided he is not going to or has backed out or something. Mr. McDonald: To do what you want to do, do you need anything from the Health Department at all? Mr. Carlson: No, all I need is a permit from the Department of Agriculture. I am not going to have any prepared foods and I'm not going to do anything on the premises except sell live shellfish or fresh vegetables. Mr. Ward: When did we deny the site plan waiver? Ms. Spiro: We have the file over there. Mr. Ward: They asked for a waiver. SOUTHOLD PLANNING BOARD 18 APRIL 6, 1992 Mr. McDonald: We granted a waiver for the ice cream store. Mr. Orlowski: Then we received another letter for another waiver. Mr. Ward: I think our position at the time was that the building was there and is being used and if it were an expansion of the building we would insist upon a site plan. I think this is a case of change of use and it's retail so what is the difference? Mr. Orlowski: Does she know if the ice cream is coming or not? It would make it a lot more simplified. Mr. Carlson: I'm a little baffled by the whole thing myself but the antique dealer was discussing whether they were going to stay and I guess they were going to move out and then both places became available and she had two of us talking in the meantime about the one and then she decided both would be · available so maybe she could put both in there. Mr. Orlowski: As far as we know, there are two things going to be in there. Ice cream store and the antique store. Mr. McDonald: They indicated they had another ice cream store to go in there. We had no notion. Mr. Ward: Maybe you could get her to clean it up and give us a letter stating what use is going on in what space so,we have it in the record as to what she is proposing to do there. Mr. Orlowski: The way we read it in the record now is that this is the third thing going in there. Mr. Carlson: I didn't want to get involved in it, I just wanted to lease it. I checked to make sure I wasn't going to have a problem if I went in there and found out she needed a waiver of site plan approval. I told her that and I thought she was taking care of it. Mr. Orlowski: just get her to tell us what she is doing in there. Mr. Carlson: O.K., I'll try and get it straightened out with her. If there are only going to be two places in there and whether it is going to me and the antique store or whether it is me and the ice cream store. Do you think that would be acceptable? Mr. McDonald: The only thing I worry about at all there is the parking. Everybody is going to be all over the road. That is the only thing that scares me up on the hill but other than that the, I mean, the uses are there already so there is no big deal. SOU~"HOLD PLANNING BOARD 19 APRIL 6, 1992 Mr. Carlson: Well, there seems like there is plenty of parking there. Mr. McDonald: There is. There is not problem with the parking it is just that everyone has the tendency to park along the road. Everyone talking. Mr. Orlowski: Get her to send us a letter with her intent. Mr. Carlson: She might still be having a problem finding out whether or not the antique store is going in there. Mr. Orlowski: Well, it would make it a lot easier for us to make a decision. If it is going to be three we are going to have a problem. Mr. Carlson: No, it is only suppose to be two is what she told me. If we get that cleared up it will be alright? Mr. Orlowski: Yes. Mr. Orlowsk: O.K., one other item. Empire Service Station Garrett Strang: This is Mr. Ilgin the owner of the station. We are in a position where we are going to make a formal application to the Board for the site plan action. We did receive a variance but in an amended state just recently. In fact, we haven't received the actual resolution in written format yet. I have a pretty good idea of what they approved and it sort of changes the complexion of things a little bit in what we are doing here so we just wanted to review this with the Board before we make our final application so we are all aware of what is going on. In a nut shell, the ZBA reduced the amount of square footage that can be used as the convenience store use to 600 square feet. They further put a condition in the resolution that the sole entrance to this convenience store will be on the east side of the building. It will not be accessible from the gasoline service side of the building. It will strictly be accessible from the east side of the building. It brings us into two particular situations. One, that the reduction in the size of the square footage is now going to reduce the amount of parking that is requisite so it will probably be reducing by several spaces the parking on the east side that was geared for the store use. Along the same lines given the fact that the entrance to this use is solely from the east side, well obviously developing that east side with the necessary parking, curbing and landscaping. ,JOHN R. [4cNULTY ,JAMES SPIESS WILLIAH C. GOGGIN$ McNULTY - SPIESS June 30, 1993 Mr. ThomasWickham CounselmanTownofSouthold 53095MainRoad P.O. Box 1179 Southold, New York l1971 Re: Southold Town Code Amendment; Arthur G. Carlson Dear Mr. Wickham: As of this date, I have not received a notice for the next scheduled meeting of the Zoning and Planning Committee. Kindly advise me of the next scheduled meeting and your thoughts as how you think this matter should proceed. If I can be of any assistance to you, please do not hesitate to contact me. Very truly yours, WCO/¢ag cc: Mr. Mr. Mr. Mr. Ms. Mr. Mr. Mr. Mr. Scott L. Harris Raymond Edwards Joseph Lizewski George Penny, IV Alice J. Hussie Gerard C. Goehrlnger/ James DtNizlo Robert A. Villa Serge Doyen, Jr. Application of ARTHU~ G. CARLSON Decision Rendered August 18 , 1992 IT IS HEREBY RESOLVED and declared that the activities described by the applicant and connected to the purchase, packaging and processing of shellfish caught by persons other than the owner or resident, do not fall under Section 100-31 of the provisions of the Agricultural-Conservation Zone District. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa, consisting of all members of the Board. This resolution was duly adopted. lk GERARD P. GOEHI~INGER,~HAIRMAN ~IOHN R. b4CNULTY ~IA~ ES SPIESS April 21, 1993 EDWARD D, BURKE Mr. Geard P. Goehringer Chariman of the Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Re: Arthur G. Carlson Dear Mr. Goehringer: Please be informed that the Zoning and Planning Committee for the Town of Southold is scheduled to meet on Tuesday, April 27, 1993 at 7:30 pm. Your input in this matter would be greatly appreciated and we respectfully request that you attend the meeting. Thank you for your attention to this matter. ~i~A~M C. GO~INS WCG/cag cc: Arthur G. Carlson McNULTY - SPIESS ATTORNEYS & COUNSELORS AT LAW WILLIAM C. GOGGINS April 15, 1993 Harvey A. Arnoff, Esq. Office of the Town Attorney 53095 Main Road Southold, New York 11971 Re: Arthur G. Carlson Dear Mr. Arnoff.' In response to your letter dated April 13, 1993, If the town wants to proceed against Mr. Carlson for whatever reason, it may do so without threatening same. Very truly yours, WILLIAM C. GOO~I~q>S~ WCG/cag cc: Arthur Carlson Supervisor Scott Harris Zoning Board of Appeals v/' HARVEY A. ARNOFF Town Auorney MAITHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD April 13, 1993 SCO'VF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 William C. Gogglns, Esq. McNulty-Spiess 633 East main Street P.O. Box 757 Riverhead, NY 11901-2556 Re: Arthur G. Carlson Dear Mr. Goggins: As I am sure you are aware, April 18, 1993 is a few days away. Mr. Carlson has no application before any body in this Town and no appeal pending. In the event that he does not wish to discontinue the operation, we shall take whatever enforcement steps are necessary to bring Mr. Carlson in compliance. I trust no further' communication would be necessary and that I will receive some response from you prior to the above date. HAA:mls cc: Zoning Board of Appeals H a rr,v'e'~y A .~Ar~r~f f To~,, Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEAI.~ TOWN OF SOUTHOLD April 9, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Andre Moraillon 375 Akerly Pond Lane Southold, NY 11971 Re: Your Letter Concerning Enforcement Appeal No. 3975 - Arthur G. Carlson Dear Mr. Moraillon: our office is in receipt of your letter concerning the above determination and its enforcement. Enforcement questions should be addressed to the enforcing agency of the Town. The Board of Appeals is not permitted by law to enforce its own determinations. Accordingly, your letter is being returned to you in order that you may address the enforcing agency and/or Town Attorney's Office directly. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk cc: Town Attorney's Office Building Department (Attn: V. Lessard) Andre Moraillon 375 Akerly Pond Lane Southold, NY 11971 Gerard Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 April 5th, 1993 Dear Mr. Goehrin§er, My nei§hbor Ted Klos and I have been informed by Coun- cilman Joseph Lizewski that the action of the Board, rendered August 18, 1992, re§arding Appeal Applica- tion no. 3975 of Arthur G. Carlson, is to go into ef- fect 8 months after its date of rendering. April 18th, 1993 will be the last day of the eighth month elapsed since that rendering. I sincerely hope that the resolution concerning Carlson's illegal activities on Lower Road, and signed by yourself, will be properly enforced at that time. Very truly yours, cc: Serge Doyen Jr. James Dinizio Jr. Robert A. Villa Councilman Lizewski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 19, 1992 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Appl. No. 3975 - Interpretation (Carlson Property) Dear Mr. Goggins: With reference to the above appeal for an interpretation, please find attached a copy of the board's determination rendered August 18, 1992. Very truly yours, Copies of Decision to: Building Department, Attn: Mr. Arthur G. Carlson Mr. Andre Moraillon Linda Kowalski Mr. Lessard To: ?,outhold Town Board of ~ ' ~ ~.onzn~ Appeals From: F. M. Flynn Re: Application for Variances Arthur G. Carlson (District 1000, oectzon 69, Block 5, Lot Date: Uovember ~, 1990 Here, again, we are eonfontedwith yet another transparent attempt to rezone via variances. May I remind you that Chapter 10~, of the Town Code IZonins) states, as one of its Purposes,: The gradual elimination of #onconforming uses." This is hardly consistent with their creation, proliferation, expansion or ultimate approval by this B~ard Suject lot is one acre in area in an A-C (two acre) District. It is, by Town Code definition, a nononformi~j lot. With respe% to use~ the applicant seeks a veritable melange of uses classified by him as maricultural, to wit: Delivery nd storage of seafood. 2) Packaging ~) Freezing and/or preparation of raw or cooked seafood (brocessing). 4) Shipping 5) Sa]es for off-premises consunption. None of these uses is ?ermitted in an A-C District. ~,~ariculture is a permitted use in ~II Districts only, with a two acre minimum lot size. Specifically, fish processin~ is permitted only as a Seecial Exception as are fish roarkets. Each such use requires a plot of two acres. There is also the question of the other uses cited as requireing industrial or business zoning with their attendant plot minimums. In short the applicant proposes to locate a lon~ list of nonconfor~nins uses, each with its individual plot size requirements, on a one acre parcel. Itshould be noted that the Town Code specifically prohibits uses emitting noxious odors in all districts. With respect to the above, there is the possibility, even, perhaps, the probability that, were these variances granted, the subject property would be operated in conjunction with lot 13.~ in the same bloc!<. Lot 13.4 is also a nonconformi~ lot on which a nonconforrnin?; and, oossibty illegal, use is c~nducted ~ , 4 . · ~leicnbors already complamn about noxious odors emanatnz from this lot. I ~ight add that lot 13.2 abuts at least four residences. Uhat is sought here are multiple rezonin~s far beyond the strict letter of the regulations and the spirit of the Zoning Chapter of the Town Code. The spirit of the chapter is clearly expressed by the Town Board's limiting these uses to ~[II Districts· The further intent, or spirit, is further expressed in Section 100-120 of the Town Code which states that ~[II use is intended to provide: "a waterfont location for a wide range of water-dependent and water-related uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, arelocated on major waterways~ open bayfronts or the LOnC Island Sound." So~uch for MII uses. By law, in seekin~ a variance, the burOen of proof is on the applicant. He must submit, for an area variance, "dollars and cents" proof that his property is virtually valueless as zoned. This is hardly the case in view of the permitted residential use and the abuttinS residential use. To grant an area variance, the Board is enjoined by t~e courts, to consider: 1) How substantial the variance is relative to the requirement. 2) Uhet~er substantial chan~e ~,;ill be produced in the character of the neighborhood. 3) Uhether the difficulty can be obviated by so~ae method feasible for the applicant to pursue other than a variance. 4) Uhether, in view arose, the interest the variance. of the manner in which the difficulty of justice will be served by allowing It ms sm~n~mcant taa~ throu~out var~_ance ms used in the singular· It is obvious that the ~ourts did not contemplate a series of variances, the scope of which is tantamount to rezonin~s. I submit that the only difficulty here arises from the outrageous demands of the applicant and that such "diificulty" can be obviated by uti!izinC the property for a per~itted use. The substantiality of the variances sought is obvious in view of their variety, intensity and obno×ious nature, as well as the nonconformin~ size of the property. The change in the character of the neighborhood w~ch the proposed changes would bring about should be apparent to all but the most prejudiced. Justice involves justice to all including the n~ghbors rights to the "quiet enjoyment" of their properties ~ incorporated in their "Bundle of Rights" and whose properties would be devalued for the applicant's profit. T~ese variances would effectively constitute spot zoning. Two of the principal uses sought require Soecial. ~mxce tlons, p ' Uith respect to Special Exceptions, the Town Code states (in part) that the ZBA must find and determine: That the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. That the safety the health, the welfare, the comfort, the convenience or the orde~ of the town will not be adversely affected by ~the proposed use and its location. That the use will be in harmony with and promote the general purposes and intent of this chapter. (Chapter 100 Zoning) That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general particulaly with regard tovisibility , scale and overall appearance. Section 100 -264 of the Town Code recites matters to be considerered by this Board in grantin~ Special Exceptions. It is too lengthy to quote here verbatim, but I co~mend its study to anyone mnter~te~ ~n th~ outcome of this proceeding. In ~enera~ factors to be con~idere~ are: the character of the district: the cons~vation of proper~y values~ effects of traffic~ the availability of ~ water and facilities f~the treatment of sewage and other effluents: the question of the emission of obnoxious gases odors, etc.~ whether the plot size is sufficient and appropriate for the uses~ whether the proposed site is particularly suitable for the uses~ whether there is risk of pollution of ground or suface waters~etc. Here again these considerations envisage only a sins]~use ~a~he manifold variances sousht any adverse effects are obviously intensified. In conclusion, ther~is absolutely no justifiable basis on which to ~nt these variances and, in the interest of justice and to pre~ent further waste of the taxpayer's money, I call for a summary dismissal of this application. (3) To Whom We, It May Concern: 5-21-91 the undersigned r~g~ibor~s of. A=tbu~ qa~lson~-living on Lower Road or Ackerly Pond Lane, Southold, do hearby state that there have nog ~en any loud ~oises or ndxiou$~qd~rs eman~.,ting from his property in recent monthJ. ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NY. 11971 lO/O8/9o Dear Sirs, As per your request I am outlining below the activities that are done on my premises at 1575 Lower Road. Local lobstermen bring us their daily catch, which is then sorted and stored in a walk-in cooler for delivery later that day or the next morning. Most of these lobsters are sold and delivered out of town to various customers. Depending on availability of bay scallops, local baymen bring us their catches either as meat or in the shell. The shell stock is placed on benches in our New York State Dept. of Envir -omental Conservation inspected and approved shop to be shucked. We call in local men and women to do this piece work. Baymen also bring us their catches of conch. We shuck these in another building, which is licensed and regularly inspected by the New York State Dept. of Agriculture. They are then pack -aged and stored in a freezer. They are also sold out of town. Both shops are thoroughly cleaned and disinfected each day, As you can see we are taking our local baymen's catches to new markets and returning the money to Southold town. We have the only conch shucking shop in town and one of the few remaining scallop facilities. By having these facilities, we are helping to support Southold families. We cordially invite your members will await your reply. to a pr~e-arranged tour and Sincerely, Arthur~G. Carlson ~ R~$OLUTION NO. - 198~; ADOPTING LOCAL LAW NO. YEAR 1988, A LOCAL LAW TO PROTECT RIGHT TO FISH WITHIN THE COUNTY OF SUFFOLK W~EREAS, there ~s duly presented and introduced to this Count5~ Legislature at a regular meeting held on , 1988, a proposed entitled, #A LOCAL LAW TO PROTECT RIGHT TO FISt! WITHIN TI{E COUNTY O~ SUFFOLK", said local law in final form is the same as when presentsd and introduced; ~ow, therefore, be it RESOLVED, that said local law be enacted in form as follows: LOCAL LAW NO. YEAR 1988, ~UFFOLK cOUNTY, NEW YORK A LOCAL LAW TO PROTECT RIGHT TO FIS}! WITHIN THE cOUNTY OF SUFF BE ~T ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK follows: e~cti0~ 1~. Legislative I~tent It is the declared policy of the County of Suffolk to conserve, protec and encouragm t~e u~e of its fishing resources fo~ the produc%ion and sale food and other related products. This Legislature finds that approximately 90 of the fish processing l~ performed outside of the County of Suffolk. Legislature also find~ that when fishing activities e~end into newly develope areas, such fishin~ process operations often become the s~bject of nuisanc suits. As s ~esult, commercial fish processing opera~ions are sometimes force to cease operations while ~any others are ~iscoura~ed from mak~n~ investments improvements. This ~gislature further finds that whatever nuisance may be caused others by such uses and aotivities so conducted is mgre than offset by th benefits from fishing and ~ish processing to the County's economy and way o life and to society in ge~eral from the economid and social benefits derive from maintaining a viable fishing iBdustry on Long Island. Therefore, the purpose of this law is to reduce ~he loss to the County o its fishing resources by limiting the circumstances under which fishing and Urocessing may be deemed to be a nuisance. Section 2. D~finitions 1.) 'Fish" shall mean all varieties of the super-class ?isled, inoludl~ all shellfish. 9hellfish. "Food fish' shall mean all species of edible fish, including 3.) "Fishing" shall mean the taking, killing, netting, capturing c withdrawal of fish or food fimh from the waters of thim County by any mean~ including every attempt to take and every act of assistance to any other pers~ in taking or attempting to take fish. Notwithstanding day other provision of this law, fi=hing and fi~ processing actlv~ties conducted with&n the County of SU~ol~, if consistent ~i' ~Ound fighlng practices and established prior to surrounding non-flshl[ activities, shall be deemed to be reasonable and shall not constitute a publ. nuisance unless the activity has a s~b~tantially adverse effect on the publ~ health and safety. NO fishing or fish processing operation, resulting fr. changed conditions in, adjacent to, or surrounding the fishing o~ fi! processlng operation, shall be the subject of a public nuisance action if su fishing or fish processing operation~ has been in existence for one (1) year ~ more p~tor to the changed condition and has not been declared to be a nuisan by a pertinent State or mu~%icipal'co~mission, local health office, local boa: of health, or court of competent jurisdiction at the time that such opera~ com~need. i' ¢'¢~' 9! ;0=46 LE<:.FPEr' LE 'S~,~t~on 4. Certain ,Actions Not Af~ect~ Th~ provisions of Section 3 of t~is law shall not defeat the right of any individual, firm, business, partne~ship, or corporation t~ recover damag~ any injuries or d&mages suStained by them on account of any pollution of, change in condition Of, the ~ters of any ~tream or on account of any overflow of lands of any such individual, firm, business, partnership, or cOrporatiOn such poll'dtion, change, o~ overflow is the direct result of the fishing or processing activity. ~ction 5.. Prior A~tion~_~t .~ected T~is law shall not affect actions com~nced prior to the effective date hereof. .$eG*.z.un 6. SEQi~A De~_ermiDatJ.on This L~islatur~, being the State Environmental Quality Review Act (SEORA) lead agency, hereby finds and determines that this law constitutes enactment of a local law which will not affect the environment pursuant to ~9_¢tion 617.2(b)(3) of the New York Coae of Rules and RegulatiOns (NYCRR) and within the meaning of Section ~-0109 (2) of the NEW YORK ENVIRONMENTAL CONS~,RVATION ~.AW. The Suffolk County O2uncil on Environmental Q~ality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of ~on-appli~ability or non-significance in accordance with this Section 7. Se verability If any part of or provisions of this law, or the application thereof ts any per,on Or circumstance shall be adjudged invalid by aDy court of competent jurisdiction, such judgment shall be confined in its operation to the part of o! provision of or application directly involved in the controversy in which Suc? judgment shall have been rendered and shall not affect or impair the validity O~ the remainder of this law, or the application thereo{ to other persons o~ circumstances, Section 8. EffsGt_ive. Date This law shall take effect immediately upon fili,~ in the off,ce of th, Secretary of State. DATED: APPROVED BY: ~d~-~- EX~C'~tive of Suffolk County Date of Approval: March 11, 1991 Mr. Gerard R Goehringer, Chairman Board of Appeals Town of Southold Southold, NY 11971 Re: Arthur G. Carlson's application for interpretation.(Agriculture/ Aquaculture) Dear Mr. Goehringer, Please find enclosed 3 affadavits, duly signed and notarized, attesting to the/~O-~which are emanating from Arthur G. Carlson's ille- gal shellfish processing business on Lower Road in Southold. ! T~eodore KLOS Very truly yours, Andre MORAILLON Catherine KLOS 375 Akerly Pond Lane Southold NY 11971 475 Akerly Pond Lane Southold NY 11971 ~ ~ Suffolk ~ ss. Catherine KLOS ................................................................................................. befng duI~sworn, sa~ that the illegal operation of a shellfish processing business on the property of Arthur G. Carlson at 1575 Lower Road, Southold, New York, County tax map Parcel no 1000-69-5-132, namely, delivery and storing of seafood , paekagii§g. freezing and/or preparation of raw or coo~d seafood (processing) for shipping and sales for off-premises consumption - is polluting the air with foul odors nausea. This situation has existed for the last 6 to 7 years. Prevailing property, related to his shellfish processing business, starting as early as Affidavit o[ Aff av ~tate of ......... ~._~..o.~ .................................. Cou~ oA..._~.~.~.~ .................................... Theodore ~OS .................................................................................................................................................... ~eing duly sworn, says that .. ~...~l.~e~ ~p~9~*~.~b~¢~h~p~p.~¢s~g~b~i~a~n~k~.pr~p.ar.ty ........................ .... ~.. l~.~l...~...~g.~.~..~...!!l}...~o.~¢r...~.,. ~o~thp. ld.,...~¢w..Xp~k,...C, oumty...t~..map ................ _ ~r.~¢.~...~ i~O.Q: {.~:}.~ !3.~ ~...~.~¢!~.,...4 ~li~.~r.~..md...~ ~o.:~g...o f...s~a fn o~ ,..~aig ................. . fr.¢¢.?t~. ~.[p.r...p~.¢p.ara~.~.~...~f...~.w.~...c~.~seM~d~..(pr`~aes~i~)~.~r..~ah~.p~g ......... .... ~.4 .sale!...f Or.. o~.!~pr.~!.~¢.~...¢o.n.s~p.t l.o~.,.~..ia..~ollCtig ..tha .al:..~i~..io~ ............ ... ~!6., ..~h!s...s.~tu.at~on..has .~im. tmd for.. tha..las.t...6...to...7...y.e~.s~ ~r. evai~g ............ .t. he...w.e, ek..amd..om ~e~ds....Moraov.~,...truck. tzafik .~..~d..-oat..of..M=.....Car~som1 $ . .. ... prap~.r~,...:~la~.ad...to...~..s~.ish .p~oaessi~g..hus~e~,. -sarti~..~..arly..as .......... ~ o ~.¢l~¢k..~...tha.~.=~ng..pr.e~an~s .me_fra.gett~g...sM. ficiat., sle~ ............................. ................................................................................................................................ ............................................................................................................................................................................. ......................................................................................................................................................................... ....................................................................................................................................................................................... ...................................................................................................................................................................................... ............................................................................................................................................................... ....................................................................................................................................................................................... .................................................................................................................................................................................... ........................................................................................................................................................................................... ........................................................................................................................................................................................ ....................................................................................................................................................................................... ...................................................................................................................................................................................... .............................................................................................................................................................................................. ............................................................................................................................................................................................... ................................................................................................................................................................................................... ................................................................................................................................................................................................. o~..~.~ .................... ~..~. At~idavlt o£ Yom Cou.~ of .......... ~F...O..L...K.. .............................. ~dre MO~ILLON of Arthur G. Carlson at 15~5 Lower Road~ Southold~ New York~ County tax map ne ~...r.~$n..~p.~P.q~..$n ~..~c.~9~.. ........................................................ ............................................................................................................................................ .............................................................................................................................................. .................................................................................................................................... ......................................................................................................................................................... .............................................................................................................................................................................. ............................................................................................................................................................. ............................................................................................................................................................ ................................................................................................................................................................................ ..................................................................................................................................................... .................................................................................................................................................................................. ......................................................................................................................................................................... ............................................................................................................................................................................... ......................................................................................................................................................................................... ............................................................................................................................................................................................... ............................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... .................................................................................................................................................................................................... ~worn to bo~ore me, t~is ............. ~_.....~. ....................... da~ ................................................... ~ ~COB J. GOODr, IAN N~W Public, S~3te ~ New No. CO-1505030 Qual~ied in New York C~unW ~mmi~ion ~ires June ~0, 1~ Andre Moraillon 375 Akerly Pond Lane Southold, New York li971 October 27, 11990 Mr. Gerard P. Goehringer, Chairman Board of Appeals Town of Southold Southold, New York 11971 Re: Variance Application of Arthur Carlsen Dear Mr. Goehringer: Thank you for your reply of October 23rd to my letter ofOctober 19~h. Mr. Charles Grigonis, Appeals Board Member, has already been given a Statement of Opposition to the Carlson petition by Mr. Ted Klos of ~kerly Pond Lane,bearing severalsignatures from concerned neighbors. I have enclosed a blank sample of the Statement of Opposition. Regretfully, I will be unable to attend th meeting of November 1st, but hope that the document with the signatures will be submitted to the Board. Very truly yours, g-ndre Mora±llen STATEMENT OF OPPOSITION BY ADJACENT PROPERTY OWNERS TO THE PETITION OF ARTHUR J. CARLSON TO THE BOARD OF APPEALS OF THE TOWN OF SOUTHOLD On the matter of a request for a variance for the property of Arthur J. Carlson (see attached survey) currently located in an AGricultural Conservation District to: Processinq, SortinG. Packing and Storing Seafood. We, the undersigned adjacent property owners, oppose this request for a variance, for the following reasons: -Mr. Carlson already processes seafood on his property, polluting the air with foul odors, which have at times caused nausea in residents on adjacent properties. -The granting of a variance in this AGricultural Conservation District to ProcessinG, SortinG. Packinq and Storinq Seafood will set a negative precedent and without a doubt create irreparable damage to its existing value as a residential area. It will as a result lower property values, which the undersigned find unacceptable. The undersigned therefore respectfully request that the Petition of Arthur J. Carlson for a variance be refused Dated: Adjacent property owners BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters 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 Thursday, June 4, 1992, com- mencing at the times specified below: 1.7:30 p.m. AppL No, 4107- RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Or- dinance, Article XXIV, Section 100-244B for permission to con- struct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The pro- posed walkway is five feet in width, located with an insuffi- cient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 550 Fasbender Avenue, Peconic; also referred to as com- bined Lots No. 1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. AppL No. 4108- DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance~ Arti- cle III, Section I00-30B(16) for permission to establish a "Bed and Breakfast Use;' in conjunc- tion with the single-family residency by the owner. This use is to be accessory and subor- dinate to the principal residen- tial use, is for the rental of noL'~- more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property; 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, N.Y.; County Tax Map Parcel No. 1000-74-3-11. 3.7:40 p.m. Appl. No. 4109- MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III- A, Section 100-30A.3 for per- mission to construct deck addi- tion to existing front porch with an insufficient front yard set- back. This parcel has a noncon- forming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, N.Y.; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. AppL No. 4101- JOHN ROWAN (Property now or formerly of LUCIEN AR- CAS). This is an appeal under Article XXIII, Section 100-239.4 for a deck addition with an in- sufficient setback from the nor- therly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Exten- sion, Southold, N.Y.; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111- JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate ac- cessory tennis court partly in the.:~ front yard and side yard and' with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Ar- ticle III, Section 100-33, and Ar- ticle XXIII, Section 100-239.4. Location of Property: Norther- ly side of Private Road (exten- ding off East End Avenue), Fishers Island, N.Y. ; FIDCO Block 18, Combined Lots IA and 115, having a total land area of 3.565: acres in this R-120 Zone District. 6. 8:00 p.m. AppL No. 4105- JOHN J. FIORE. A variance is requested under Article 111, Sec- tion 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone district. Location of Pro- perty: 3100 Cedar Beach Road (and the westerl~le of Sunset Way) at Bayview, Southold, N.Y.; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112- HENRY AND BETTY HINT- ZE. A variance is requested under Article XXIV, Section 100.244B for permission to con- struct deck addition and with a setback at less than 75 feet from thc existing bulkhead, and under Article Ill, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,5005: sc ft. and is located in the R-8~ Zone District. Location of perty:' Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, N.Y.; County Tax Map Parcel No. 1000-53-1- 15. 8. 8riO p.m. Appl. No. 4106- LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Ar- ticle XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., ex- tending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing~ bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104- ANTONIO VANGI. A var- iance is requested under Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct ad- dition to dwelling with a reduc- ed easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels con- tains a total ara of 25,135± sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chogue, N.Y.; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, N.Y.; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11.8:25 p.m. Appl. No. 4098- TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIlI, Section 100-239.4 for ap- proval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, N.Y.; County Tax Map Parcel No. 1000.21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. ~._12. 8:30 p.m. Appl. No. 3975- ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interp~tation resulting from the October 11, 1992 Notice ol Disapproval from the Buildin/ Inspector, as amended, undq Article Iii, Section 100-31A(2] for approval of a wholesalq shellfish distribution busines~ and declaring that aquacoltural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and con- tains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, N.Y. County Tax Map Parcel No 1000.69-5-13.2; also known Lot No, 3 of the Minor Subdivi sion of Judith T. Terry approv ed by the Southold Town Plan- ning Board 10/1/79. The Board of Appeals wild at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN · By: Linda Kowalski ~ ? ~ IX-5/28/92(81) COUNTYOF 't~I:~LK ~s: S'I'ATi:. OF N~ORK Patricia Wood,' being duly sworn, says that she is t Editor, om' THE LONG ISLAND TRAVELER-WATCHMA a public newspaper printed at Southoid, in Suffolk Coun and that the notice of which the annexed is a printed co h,u; been i~ublished in siticl I.ong island 'l'r;tvelc.~W;~lchn once each week for. ............... ....... ~ . . . we successively, commencing on the ................... before me Ihis ~'--'~"~ ,. .................... Notary Public BARBARA ,~. SCHNEIDI NOTARY PUBLIC, Stttte of Ne No. 4806846 Quaglied in Sullolk Coty Commission Expires ~/3 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski P E R S O N S INCIDENT REPORT Southold Town Police Department Peconic, New York 11958 516-765-2600 CRIMINAL CASE J~NON CRIMINAL PATROL OFFICE R DIR ~P~ SECTOR PUBLIC BLDG. D SCHDGL D COUNTRYCLUB/GROUNDS PUSL~ PARK D SANK D OTHER PARKING LOT O CHURCH DOB AGE RACE CODES HOME PHONE HRS HRS R* REPORTING PERSON V-VICTIM S-SUSPECT W-WITNESS U-UNKNOWN Z-OTHER DOB LASTNAME F~ST Mi HOME PHONE I BUSINESS PHONE NGT DOB HGT EYES HAIR COMPLEXION · N)DRESS OCCUPATION EYES HAIR COMPLEXION 231992 PDTS-1A C - CONFISCATED E - EVIDENCE I - IMPOUNDED L - LOST R - RECO'~*~RED U - UNKNOWN Iq I C L E S M 0 STRUCTURE TYPE VICTIM'S ACTIVITY BEFORE CRIME SECURITY USED EVIDENCE OBTAINED INVESTIGATING OFFICER SIGNATURE CASE STATUS COOE A - ACTIVE C - CLEARE~ BY ARREST D - ISNFOUNDED REVIEWING OFFICER EXCEPTIONAL CLEARANCE FILE SUMMONS ISSUED DATA ENTRY BY P E R S O N S CRIMINAL CASE '~NON CRIMINAL DESK OFFICER COMI~.AINA~r f F - FINDER DRIVER I - INJURED / AIDED F.J~OYE E J. JOVENIL~ M - MI~ PERSON O-OWRER P - POUC~ OFFICER MT HGT R - REPORTING PERSON V - VICTIM S - SUSPECT W - WITNESS COMPLEXION I - AMERICAN IND L~,N O - OTHER W - WHITE OCCUPATION f'(OME PHONE [ ~INE~ PHONE OCCUPATION 'V E H L E S M 0 STRUCTURE ~[YPE W~ SUSPECT ARRESTED CAN SUSPECT BE NAMED CAN SUSPECT BE LOCATED CAN SUSPECT BE DESCRIBED -- Wr~N'E Ss TO CRIME SIGNIFICANT MO PROPERTY TRACEABLE S~GN PHYS EVIDENCE ~S ~-IERE $IGNIF;CANT REA~DN TO B~LIEVE THI~ CRAIE C;k~ BE 80{.VEO 7 OFFER HOW RECEIVED INCIDENT REPORT floute 25 Pec=r~c. New Y~ 15958 516.765-2~00 CRIMINAL CASE ~ CRIMINAL REPORTED A N~R STREET NAME T )Z BLOCK ~'COMMERCIALELDG. ~ PUBLICSLDG. I ~3 I~rTERSECTK3N C] INDUSTRL~L~3G. r~ PUBLICRARK O ~1~ PRIVATE HOME [~ MULTI DWELLING [3 PARKING LOT N C - COMPLAINANT F - F~DER M - MIS$1NG PERSON O - DRNER I - INJURED / ADED 0 - O~&q~E R E - EMPLOYEE J · JUVENILE P - POLK~ OFFICER IYPE DIR APT. SECTOR ~ SCHOOL C] COUNTRY CLUI~GROUN{~; n BANK (~ OTHER ~ CHURCH R - REPORTING PERSON V - VICTIM B - SUSPECT W - W1TNESS U - UNKNOWN Z - OTHER I-AMERICAN INDIAN ADDRESS EYES HAIR HRS HRS HRS m C · C - CONFISCATED E * EV~ENCE I - BIPOUNOED L - LOST R - RECOVERED U - UNKNOWN D - ~AMAGE F - FOUND K - .~J=EKEEP IN~ S - STOLEN X - DESTROYED Z - OTHER STRUCTURE TYPE SECURITY USED EVIDENCE OBTAINED ALL CRIME ELEMENTS PRESENT MAJOR INJURY OR RAPE IN~LD CAN SUSPECT BE IDENTIFIED CAN SUSP VEH BE IDENTIFIED STATUS COOE - AC*~IV£ E - EXCEpTIONAL CLEARANCE - CLEARED BY ARREST F - FILE D * UNFOUNDED S - SUMMONS ISSUED F. M. Flynn P. O. Box 144 Southold, N. Y. 11971 Definitions March 25, 1992 Agriculture - "THe production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegatables; floral, ornamental and ~house products; or lands devoted to a soil conservation or forestry management program." (Southold Town Code Sec. 100- 13) Aquaculture - "shall mean the cultivation and harvesting of products that naturally are produced in the marine environment, including fish, shellfish, crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such products, but sail not mean the construction of any building, any filling or dredging or the construction of any water regulating structu~s." ( Tidal Wetlands - Land Use Regulations 6NYCRR 661 4) Other Related Definitions Agricultural Production - "The production for commercial purposes of crops, livestock and livestock products , but not land or portions thereof used for processing or retail merchandising of su~ch crops, livestock or livestock products. Land used in a "agricultual production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes." (Southold Town Code Sec. 25 30") Crop -" 3. Collectively , plants, grain, or fruit gathered fore, se; harvest; as, the flax crop of South Dakota; the celery crop of Michigan. 4. Corn or other cultivated plants while growing or being planted; as,crops are looking fine; putting in a crop. (Webster's Unabridged Dictionary) (1) Aquauulture - "variant of aquiculture." (Websters Unabridged Dictionary_) Aquiculture - 1. a) ~e act of cultivating the natural produce of water. b) the raising or fattening of fish in enclosed parcels. 2. Hydroponics. (Websters Unabridged Dictionary) Hydroponics -"The art or science of growing plants in water containing all the necessary nutrient elements." (Websters Unabridged Dictionary.) (2) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765~1800 BOARD OF APPEALS TOWN OF SOUTHOLD P.O. Box 812 Mattituck, NY 11952 Suffolk Times Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Dear Editor: After reading the letter that you received and published in your paper on April 23, 1992, in behalf of Mr. Andrew Moraillon, I felt that I had to respond. On March 23, 1992, Mr. T. Klos furnished our office with a copy of the Southold Town Police Dept. reports signed by Sgt. Cochran dated *November 20, 1991, that were mentioned in Mr. Moraillon's letter. This receipt occurred two days before the commencement of the March 25, 1992 hearing, as well as documents themselves, that were all made a part of the file. At the hearing, the Board was well aware of these documents, and there was no need to redress their authenticity, or the acknowledgement of their existance since they were already made part of this file, prior to the public hearing. Also, it should be noted for the record that this is an ongoing hearing in which the applicant is asking for an Interpretation of farming of the sea and how it relates to farming of the land. At this point, this hearing will be concluded in the very near future, and Mr. Moraillon is very welcome to attend and make any statements that are germane to this hearing. Also, for the record, Mr. Moraillon did not choose to testify at the March 25, 1992 hearing, nor am I aware that he was present during this hearing. Thank you for this opportunity to express my opinion concerning this subject. Very truly yours, Gerard P. Goehringer Chairman of the Southold Town ZBA cc: Mr. Andre Moraillon , 1992 April 20, 1992 Open letter to Gerard Goehringer, Chairman of the Southold Board of Appeals. When the Southold Board of Appeals met on March 25th to discuss Arthur G. Carlson's application for interpretation and approval of a wholesale shellfish distribution business on Lower Road, never once did any member of that body bring up for discussion 6 documents which each member had in his possession, namely Southold Town Police Department reports nos. 91-2902, 91-8451 and 91-8466, dated respectively May 16,1991, November 20, 1991, and November 21, 1991, and 3 sworn affadavits dated March 9 and 11, 1991, signed by Andre Moraillon, Ted Klos and Catherine Klos. All 6 documents -including the 3 police reports - signed by police officers Fohrkolb and Girgerla, mentioned complaints of offensive and foul odors emanating from Mr. Carlson's residence on Lower Road. The police reports had been sent by the investigating officers to the Town Building Department, and in the case of report no.91-8466, to the Town Attorney as well. Mr. Carlson was well aware of these 3 police incidents, as the investigating officers spoke to him on each Occasion. Yet both Mr. Carlson and his attorney testified under oath that no foul odors occured when he was processing seafood in his residence. Furthermore, each Board member had copies of the 3 sworn affadavits, which had been sent to him personally. Once again, one can only wonder exactly what purpose the Southold Board of Appeals and the people who sit on it serve when such matters come up for public discussion. Why were these documents covered up by the Board members during this hearing? Why did Mr. Carlson and his attorney, testifying under oath, so blatantly falsify facts that have been so clearly recorded by the police? Mr. Goehringer, we and the citizens of Southold are curious to see how you and your colleagues on the Board of Appeals will rule on this matter, faced with evidence of repeated violations of Southold Town Codes and false testimony by Mr. Carlson. ~ly Andre Moraitlon Southold encl: Police Reports and sworn affadavits " Catherine ICLOS _ . ' ...................... : ............ :: .................................................................... :...,~ .................................... nelnf dufF sworn, aaFs that the illegal operation of a shellfish processing<~o.usiness on the property ~ of Arthur G. Carlson at 1575 Lower Road, Southold~ 'Ne.w York, County tax map, Parcel .no 1000-69-5-132, namely, deliver~i':and '" storing of seafood ,:ipackagi~g;J, freezin and or re a ~" '~%:>~ / : g / p p ration of raw or co.o,~ed seafood (processing) for shipping and sales for~ off-premise~ ,olluting the air with foul odors , especially when conch is being on occasion causes me to feel nausea. This situation has South-Southwest winds blow these th~ week and on weekends.Moreover. property, related to his shellfish event s 6 to 7 years. Prevailing on my propert~ during in and out of Mr. ! Carlson' s king sufficient sleeRa ........................ i ............. ' County of.....~.u.~..f..o...1..k. .................................... t ss. Theodore KLOS · ' .................................................................................................................................................... being duly.sworn, says that 9~ Arthur G. C~SON at 1575 Lower Roa~- ~m,,~h~l~ /~,., v.~ ~.~.: ....... , .... ~X~g~i~z~p~r~a~i~f~r~w~r~/ae~n~{pr~aes~.i~..~p~8 .......... Sworn to before me, this /. '~ of ~.~ . ...~9...?.../. .... ~0~ ~el NOV 9, //~tate of .............. ~..~..o.~ ............................ ~o,,,,;;,o, .......... ~..o.~. .............................. tss' Andre MORAILLON .................................................................................................................................................... being duly sworn, says thai '~' '~ness on the ±llegal op. eration of a shellfish processin .bus he property of Arthur G. Carlson at 1575 Lower Road, South.o.~ld,"N..e,w York, County tax map Parcel no. 1000-69-5-132~ namely., del.i.~e~..'::a.~.'d.., storing of seafood,~ packagin§, ............................................................................................. ~7':'~f.:~.;" ~'" ...................................... : ....... ~"'" ............................... freez±ng and/or 9re~aration of raw or.;c0&ked/sea~ood (processing) for shipping ...................................................................................... ?';'~- · zr'",' ........................................ and sales for off.-.~.rem±ses consu.m.~t.ij.o.n~ ~s', ~ollut±n~. the air with foul odors .... : ............................................... : ............. ~'?:~'?'T"'~:~:i ............................ :'-:'"'"': ............................................ ....... '!:' ...... :: .............. a~ ~,,~:~'~%d~i~'~',-~.~'J ' ' ,, .... m e.~,C g...r.~ .m..a..$TT...~.u.C.~ g..o.r.~... ~. ~ ..m_y....b. ....... !~: ........ ',L?...~....: .......................................... ~ .......... ~ ..................................... , , \ ~<~) ... "', ............................................................ r .................... '"'\~( [""\~,:"'~ ~,~ili':'":':":: ................... ":'"', ................................ ' .... · . .......... ~ ........~:...~ ,i~!.:........:.:.... ............ ~ ........... . , ................... ~ ..................................................... : ................. ?:. ~i~:~:.:.~..: .......... · ........................................... ' ............................... ~ INCIDENT REPORT Southold Town Poll~e Department Route 25 Peconic. New York 11958 516-765-2600 [] CRIMINAL CASE ~NON CRIMINAL A NBR T ~,' BLOCK o ~ PRIVAI'E HOME N RACE p A - AS ~N/ORIENTAL E LASTNAME s o N S TO · HRS HRS POTS-lA P p ROPERT~'INVOLVEMENT CODES ReCO C - CONFISCATED E - EVIDENCE I - IMPOUNDED L - LOST 'dE RED U - UNKNC'WN ' i A - A~ANOONED H - 24 HOURS M - R~SSED U- UNKNOWN . ~-'! V ' D.DAMAC4ED I-IMPOUNDED R-RECOVERED W-$L~OECT L. F - LARCENY N - UNAUTHOR[2~D USE S - STOLEN Z - OTHER ~N,~ L=ENEE IETATEI~PEIE~MO*¥~I~"V~I--~ I MO~ I~1 ~O~' SUSPEC~i'S ACTIVITIES DURING CRIME WAS SUSPECT AR RESTED CAN ~JSPECT BE NAMED CAN SUSPECT BE LOCATED CAN SUSPECT BE DESCRIBED ASSISTING OFFICERS INVESTIGATING OFFICER SIGNATURE CASE STATUS CODE A-ACT~E C-CLEARED EYARREST D-UNFOUNDED RENEWING' FICER E - EXCEPTIONAL CLEARANCE F - FILE S - SUMMONS ISSUED DATE Ac'rIv ~IY NUMBER INCIDENT REPORT Southold Town Police Department Route 25 P E R S O N S HRS HGT I - AMERICAN INOIAN O - OTHER OTHER I - ~4pOUNOED N - UNAUI~OR~2~O USE MFG NA~E NUMBER VALUE CAN SUSpEcT BE LOCA'I;D pROPERTY TRACr~ABLE SECURI'W USED INCIIiT REPORT Southold T~llr Police Depa~'ment Route 25 , Peconic, New York 11958 516-765-2600 n CRIMINAL CASE /NON CRIMINAL OCCURRED FROM TO HRS :.SON INVOLVEMENT CODES COMPLAINANT F - FINDER M - MISSING PERSON DRIVER I - INJURED I AIDED O - OWNER EMPLOYEE J - JUVENILE P - POLICE OFFICER R - REPORTING PERSON V - VICTIM 'V INVOLVEMENT CODES COtk~ISCATE D E - EVIDENCE I - IMPOUNDED L - LOST R - RECOVERED U - UNKNOWN ~U~J~GE F - FOUND K - SAFEKEEPING $ . STOI. EH X - DESTROYED Z - OTHER SUSPECTS ACT~VmES DURING CR~ME SECURr~:Y USED ¥~-i'NESS TO CRIME AU. CRIME ELEMENTS PRESENT IS THERE $SNIF]CANT REASON TO SELIEVE THIS CRIME CAN BE soLVED 7 E - EXCEPTIONAL CLEARAN~; F- F~LE S - SUMMONS ~SSU~) ~J~ Southold, NY 11971 To: Mr. Gerard Goehringer Appeals Board members Board of Appeals Town of Southold Town Hall 53095 Main Road Southold New York 11971 Re:Application no. 3975 Arthur G. Carlson Dear Mr. Goehringer and Appeals Board members, Being unable to attend the meeting scheduled on Wednesday, March 25 at $:20pm at Southold Town Hall when the application listed above will be discussed, I wish to submit the following comments in writing for your consideration. Mr. Carlson's request that aquacultural use be considered as one and the same as agricultural use cannot possibly be interpreted as reasonable or legitimate. Aquaculture is a totally different activity from agriculture;that is clear and obvious even to a casual onlooker,and no highly technical explanation is required in my opinion to explain the differences between the two. Aquacultural activities, as still carried out illegally at the present time by Mr. Carlson in an A C District, emit noxious odors, and this is prohibited by the Southold Town Code. Moreover, these same illegal activities result in heavy truck traffic in and out of Mr. Carlson's property as early as 5am in the morning, which creates a noisy disturbance to his neighbors. (see attached affadavits). Furthermore, there is nothing to indicate that Mr. Carlson's illegal construction of structures on his property, done without bothering to get project authorization or permits from the Southold Building Inspector has ever been investigated. Has the assessement of his property as a single family residence when in effect, it has been used for commercial purposes- ever been corrected? Have back taxes and fines due on these violations ever been collected? Finally, what about the now notorious Home Occupation Law? Is it too being violated? Is Mr. Carlson, by processing and selling seafood in this District other than that which he catches himself violating that law as well? I sincerely hope these matters will be taken into consideration when this application is discussed at the meeting. Thank you for your consideration. Andre Moraillon enclosures: 3 affadavits ~a~e of .......... ~..~..?.~.. ................................ ' coo.ty of......s..~?.~.k**. .................................. ~, Catherine KLOS ' in .............................................................................................................. ~ .................................... ~e g duly ~worn, says that the illegal operation of a shellfish processing business on the property of Arthur G. Carlson at 1575 Lower Road, Southold~ New York, County tax map. Parcel no 1000-69-5-132, namely, delivery and Storing of seafood , packagi~§g, freezing and/or preparation of raw or c~oked Seafood (processing) for shipping and sales for off-premises consumptioh ,,is Polluting the air with foul odors , especially when conch is being processed, ~and on occasion causes me to feel ............................................................................ ¢?- -'-'~, ---~-7-~-*-,~--~i .............................................................................................. nausea. This situation has existed/for :the last 6 to 7 years. Prevailing South-Southwest winds blow these ,f. oul odors~directly on my property during th~ week and on weekends.Moreover,\\'~ '~tru~k~craffic in and out of Mr. Carlson' s property, related to his shellfish p~oc~ssing ous~ness, startlng as early as 5 O'clock in the morning prevents me framigetting sufficient sleep. Sworn to before me, this** . y o~.~.~.~ ................... l~..~/.. .... .................. ..... .~..f...~.A..r.~c..h...u.r.~..G.:.~.~.~9~.~a.~¢.~.~.5.7~b.~...w*e...r.~8.~.a..d.~.~$.~.u..~.~.~* .~ew._.gozk,.. Go.~,~:~r. ~:a,~ map .... .P**.a**r...c..e...1....n..q ..**1..0.~..0..-..6..9..-. ~..-..1..~..2.., ...p. ***a~...~.l~._,...d.ell¥.~ry...aud...s.toring..o f...s~a f.oo~ ~..packaging ................. .... .f..r...e..e...z..t...~g ....a..n. ~]..o_._r... P..r.~p.~r.~ ~i~..o f...r ~w...o.r ...~ 0.~ .. ~e af oo d... ~pr.o ~e s~iug ~ .. f o~ .. ~hlp.~/rig .......... ..... .a..n..4....s...a..~..e...s....f...~..r.....~..~.f...-.~..~..~.~.~..~.~..$~.~.~.~p.~.~n~.-..L~s..p~u~..~h~.air..m~.~u~ ........................... p..d.p...r..s..,....~.~.p..e..~ $.~.1%y...~.h~n..c.o. nc.h..iS..b, eingi~rmce~ smd., an~..on..occasiom.=auses~ ..me...to..feel... ....~.._.Q...Gi~ ~..;L~...~he~.~c~:~:~Lng..pr_eL~n~_s..me..~:~.g~cL ~g...s~.~ ~:..s&e ~ r ..................................... Parcel no. 1000-69-5-132~ namely., deliver~, and storing of seafood, packaging, freezing and/or preparation of raw or Looked seafood (processing) for shipping and sales for off-~remises consumption ~' is pollutmng the air with foul odors · . ; ~ ~ es ecially when conch ms being processed~ which constitutes a violation ~. ~p. ~.~.~ ~A~P.Q~.~ in ~ backward .~ :~ L .................................................................... .~ ......... =...,~ ..= ............................................................................................ ............................................................................................ '~..--i,, ............................................................ :...::.: .............................. I 2 1991 Andr& MORAILLON 3?$ Akerly Pond Lane SOUTHOLD NY 11971 Mr. Victor Lessard Principal Building Inspector Department of Buildings Town of Southhold Main Road SOUTHOLD NY 11971 Dear Mr. Lessard : New York, CERTIFIED Monday March 2~~,/91 I am writing in reference to Mr. Frank Flynn's letter published in the January 31st edition of the Traveler Watchman concerning Mr. Arthur Carlson's illegal operation of a fish processing plant in a residential area of Southold on Lower Road. As an adjacent property owner of Mr. Carlson's, I am particularly concerned by the lack of action on the part of the Board of Appeals of the Town of Southold to investigate this illegal operation, and the apparent attempt by a Southold Councilman, Mr. George Penny to find ways to allow this illegal operation to continue. I am also appalled at the Southold Department of Buildings' apathy in the matter, in the face of overwhelming evidence that Building Codes have been violated here. I have therefore decided, with legal counsel, to send transcripts of all relevant documentation pertaining to this matter, to the Suffolk County District Attorney's Office to ascertain whether these obvious violations of Building Codes, illegal operation of a business in a residential area and possible Town, State and Federal Tax violations warrant further investigation by government agencies at higher levels. I would very much appreciate hearing your comments on this situation in your capacity of Principal Building inspector for the Town of Southold. I await your reply at your earliest convenience. Very truly ~ours, Andr~ Moraillon Please send all correspondance to me at : 225 Central Park West Apt. NEW YORK, NY 10024 1107 F. H. Flynn P.O. Box 124 Southold, No Y. 11971 January~ Town Board Town of Soputhold Town Hall Main Road Southold, N. Y. 11971 BY HAND Members of the Board: The enclosed copy of a letter provides details on a serious matter which deserves immediate ~action by the Town Board. -. Very truly yours, F. M. Flynn SO~OL · * ' -. -~s~'~: ~ . . very IAel . Y eg~l~ ~u · ":: '- ~ '"'- ' ne~lh~s Comphinin= ' Home ~ons for busings - vio~gon of town ~ning. ' ...... '=';~'~';.';work on a I~ law on' '~ddling, A c~ now ~fom ~e ~ning of.A~ wi& a Sou~old aq~ :~t ~w i ' J ~~ bus' · -- .',-, o ~t~ ._ ......, F. M. Flynn P. O. Box 144 Southold, N. Y. 11971 (516) 477-0698 January 29, 1991 The Editor The Traveler-Watchman Traveler Street Southold, N. Y. 11971 Dear Sir: Once again residents of Southold are confronted~ however belatedly, by the sordid spectacle of the machinations of town officials in deliberately ignoring and condoning the illegal actions of thepolitically favored. In my opinion, if your publication enjoys the status of an official newspaper, you have theconcomitant obligaticnto inform the public of situations which concern their vital interests. The facts of this matter are readily verifiable. It has been reported that Councilman George Penny has been shedding crocodile tears on behalf of Arthur C. Carlson who has been operating a fish processing plant illegally in a residential area of Southold..'Various statements have been made as to the duration of this operation, ranging from fifteen to twenty-five years. The facts are these. By deed dated August 21, 1980, Arthur C. Carlson purchased from Judith T. Terry a parcel, approximately one acre in area, lcoated on the westerly side of Lower Road, 228.89 feet southwesterly of Ackerly Pond Road. Parcel is identified on the Tax Map as District 1000, Section 69, Block 5, Lot 13.2. The Purchase Money Mortgage filed at the same time as the deed stated that the premises were improved solely by a dwelling. At the time of the sale, property was zoned for Residence A use. It is currently in an AC district. Property is nonconforming in both size and use. Fish processing was, and is, not a permitted use in either district. Further, the Town Code prohibits any use emitting noxious odors in any district. Subsequent to his purchase, Mr. Carlson proceeded to erect and ultimately expand a structure in which he conducts his · ' , (2) business. The expanded structure is classified on assessment records as a garage. Town records three stages in area. indicate the present structure was erected in and now totals approximately 2,032 sq. ft. During this entire period, and to date, property has been assessed as a single family residence and taxed accordingly. It defies reason that the Assessors, past and present, and the Building Inspector, had they performed their duties properly and inspected the property as these structures were added, would not have become aware that the property was being used for commercial purposes. Further, it is unlikely that these structures could meet the strict requirements of the State's Building Code for commercial improvements. In the opinion of the writer, there are strong indications of official malfeasance and/or nonfeasance which should be investigated by the appropriate authorities; all the more so since no action has been taken in response to complaints on file in the town. The general public first became aware of this situation when Mr. Carlson, probably motivated by neighbor's complaints, applied to the Southold Board of Zoning Appeals for a "variance" to operate a fish processing plant and other commercial operations in an AC district. The Town Code requires that such qperations be conducted only in M II districts on plots of at least 80,000 sq. f~., and then only by Special Exception. The previously cited prohibition on the emission of noxious odors prevails in all districts. What was actually sought was a rezoning and documents submitted by the applicant state as much. Rezoning is solely the perogative of the Town Board. Not only would this constitute a rezoning, but it would be a "spot" rezoning. The New York State Court of Appeals has defined spot zoning as the the singling out of a parcel for reclassification for the benefit of one owner to the detriment of other property owners. The court went on to state that spot zoning is "the very antithesis of planned zoning." (3) Rather than summarily rejecting the application as being a matter properly brought before the Town Board, ZBA reserved decision and scheduled another hearing, since cancelled. the This action is entirely in character with decisions of the ZBA which, in my opinion, on many occassions exceed its powers and duties as circumscribed by the Town Code. The result has been the gradual rezoning of the town in the guise of granting of "variances" which are often granted without enforcing the standards of proof required by law. The ZBA serves at the Town Board's pleasure. Accordingly, the Town Board must bear ultimate responsibility for the actions of the ZBA. With respect to the second, ultimately cancelled, public hearing on this matter~ the Legal Notice, specifying the intent of the same application, identified by the same number, was substantially altered. Thus, the public was deluded into thinking that the scope of the application was more innocuous than it in fact was. Mr. Carlson has been operating a fish processing plant illegally, over a period of years, with the presumptive knowledge of town officials. He has been taxed as a single family residence at the expense of other resident~ of the town. Neighbors have complained of the dimunition of their property values and they have been deprived of the "quiet enjoyment" of their respective properties to which they are entitled by law. In addition, actions, or the lack thereof, by the town have afforded Mr. Carlson an unfair advantage over his competitors whose overhead includes investment in legally zoned property and who are taxed accordingly. Would it be cynical to raise the possibility that the enthusiastic support of the baymen for this operation arises, at least in part, from the benefits of dealing with a low overhead operation? Now it appears that Councilman Penny has jumped into the fray with the presumed intent of garnering, at least, populist political support from special interests in the town. He, reportedly, would completely abrogate in the purpose and intent of zoning in the town by amending the provisions of "Home Occupations" as defined in the Town Code. Presumeably the definition would be stretched unconscionably to include such operations as Mr. Car.lson's. Mr. Carlson would be rewarded for flouting the law. Over the span of the last twenty-five years the writer has had occasion to examine literally dozens of municipal codes. If anything, the Southold Code is more lax or permissive with respect to Home Occupations than most such ordinances. Essentially, the Southold Code defines "Home Occupation" as professional uses and certain limited handicrafts provided such occupations are "located in a dwelling in which the practioner resides." Most such ordinances confine such use to professional use conducted only within a specific percentage of the first floor area. Tampering with the "Home Occupation" provision of the Southold Code by way of an amendment to permit the conduct of business and industry in residential areas, let alone the construction of structures for these purposes, would destroy the integrity and intent of zoning. No one in Southold would be safe in the quiet enjoyment of their homes, for which the "Bundle of Rights" provides, were their neighbors permitted to conduct trade and commerce next door. Were Councilman Penny to propose such an amendment, it would be yet another "bad penny" amendment on behalf of special interests. Like the p~overbial bad penny, such action would come back to haunt the residents of t~e town by marking one more step in the destruction of the character of the town. Can it also be that Councilman Penny is opposed to citizens exercising their legal right to complain about the illegal acts of neighbors? If this be the case, is this the proper person to chair the town's Legislative Committee, or for that matter, to serve the town in an~ capacity? Very truly yours, F. M. Fi~ cc: Town Board Town Attorney Board of Assessors Building Department N.F.E.C. ' Southold 2000 League of Women Voters Newsday APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Matthew G. Kiernan, Board of Appeals January 23, 1991 Application Pending with Z.B.A. Assistant Town Attorney by A. Carlson We have been asked to advise of the status of the above file which has been pending with our Department. Last Thursday, Bill Goggins, attorney for Mr. Carlson, indicated that he will be amending the subject ZBA application to request only an interpretation by the ZBA under the current zoning regulations, and that he will be withdrawing that portion of the file which pertains to an use variance. Forms were sent to Mr. Goggins that day, and the application is to be calendared, as requested by Mr. Gogqins, for a March hearing. It has come to our attention that member(s) of the Town Board may wish to consider changes of the zoning code. If the Town Board in its wisdom chooses to amend the code in the near future, then the application before the ZBA may become moot and should either be withdrawn entirely or postponed until deemed necessary pending the outcome of the Town Board's consideration. If the Town Board chooses not to amend the code at this time, then the ZBA will be in a position to proceed with the request for an interpretation of the current regulations. Although the ZBA will not be legislating under this interpretation, the ZBA would provide guidelines by way of the "determination under the interpretation" for future determinations and enforcement by To: From: Subject: Matthew G. Kiernan Board of Appeals ZBA Application - A. Carlson January 23, 1991 other departments - (Ref: interpretation format in the Auricchio/Sblendido decision, copy attached for convenience purposes). It is our recommendation that both boards NOT render decisions at the same time since they may be conflicting. If, however, the Town Board wishes to work on their own proposals, we don't see a conflict provided it is independent of comments by ZBA members until the ZBA has rendered its determination based upon the record before us received at the public hearings and written submissions through our office. Thank you. GG:lk cc: George Penny, Legislative Code Committee Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Appeal No. 3975 Project Name: Arthur Chrls0n County Tax Map No. 1000- 69-5-13.2 Location of Project: 1575 Lower Rd., S0uth0ld, NY SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dec. 16, 1991 Relief Requested/Jurisdiction Before This ~oard in this Project: To show amendment for interpretation only, a§ of lO/ll/91 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 asdume Lead Agency status and urges coordinated written co~ents 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 SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has bee~ submitted and e~aluated, 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 j~risdiction 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 Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc of ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 NOV i lJ iIJj OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22/ 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby suppor~ the application of Arthur G, Carlson for a change of zonin9 for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, CarlsQn for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby ~upport the applic-ation of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME .g_~ADD~RES S OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE ! ,'v ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned residents of Southold\Town, do hereby support the application of Arthur G, Carlson for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE Z ' ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 OCT 22, 1990 Dear Sirs, We, the undersigned neighbors of Arthur G. Carlson, located at 1575 Lower Road Southold, do hereby support his application for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE OCT 22, 1990 ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 Dear Sirs, We, the undersigned neighbors of Arthur G. Carlson, located at 1575 Lower Road Southold, do hereby support his application for a change of zoning for his seafood business. Please print: NAME ADDRESS OCCUPATION SIGNATURE October 29, 1990 Joseph & Judith Irwin 575 Ackerly Pond Lane Southold, NY 11971 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Zoning Change Arthur Carlson Dear Sir: As a resident living adjacent to the property of Arthur Carlson I Protest the changes in zoning as presently proposed. · Specificall~ the following conditions as I see it are unsatisfactory. 1) Adjacent to Arthur Carlsons property is his son Claudes' Property whose access is on Ackerl~ Pond Lane. His driveway runs right along side my property and has been used as the primar~ access to sheds g barns used for their business. It is unpaved, dust~ and heavily traveled. This driveway must be eliminated as a entry to Arthur Carlson' Property. 2) The wording per application is much too broad. Does "offsite consumption" open the door for a retail operation? Can expansion and additional volume be anticipated? Should various systems be installed to eliminate odors? Should certain sanitation requirements in order to eliminate rats be enforced? Will fencing be required? These questions and more come to mind and should be addressed. I feel that if any changes to Zoning are to be considered they should be encumbered with restrictions and covenants. More specific uses of the property should be detailed before any consideration be given. In conclusion the application of Arthur Carlson as is should be denied. A change in Zoning as proposed would certainly reduce the market value of my property and cause harmful effects to my family. November 14, 1990 Mr. Gerard P. Goehringer, Chairman and Members, Board of Appeals Town of $outhold Main Road, S.R. 25 Southold, NY 11971 Re: Arthur G. Carlson's Application no. 3975 Several years ago, Arthur G. Carlson knowingly or unknowingly violated a Southold Town zoning and building ordinance by establishing a mariculture business in an Agriculture Conservation District. This type of business is normally permitted by code in M II districts only. The Town of Southold apparently never issued a zoning permit for this construction, nor a permit for this business. None were probably requested. It is clear now that Southold Town Codes and regulations were violated intentionally or unintentionally at that time. Some time later, it appears that the Southold Town Board of Zoning Appeals got wind of this construction and sent a Building Inspector to the Carlson residence. Apparently, the project was disapproved. Mr. Chairman and Members of the Board of Appeals, the issue before you is not whether a variance should be granted to Mr. Carlson who knowingly or unknowingly operated an illegal business for so many years. The issue here is whether the Southold Town Board of Appeals is fulfilling its designated role if it grants a variance in this case. If anyone Can decide without consulting the Board to open a mariculture business or a canning factory or a slaughterhouse in one's backyard in total ignorance or violation of zoning laws at any time and then, years later, when the violation is discovered, receive a variance so that the business can be maintained, then why have a Town Board of Zoning Appeals at all? Why not simply do away with the Board? If a variance were granted in this particular case and a precedent set, the result could be zoning anarchy. The proper solution for this case would be for Mr. Carlson to move his business to a properly zoned area, like the other seafood processing plants already doing business in the area, (none of which are located in Agriculture Conservation Districts.) This matter is of concern to all Southold Residents. In fact, we the neighbors of Mr. Carlson are studying a plan to litigate if rezoning End variances are approved in this case. If necessary, affidavits will be prepared attesting to foul odors emanating from this mariculture business. Unfortunately, my work frequently takes me out of the country. I will be in Europe on November 28th when the Board convenes to take up this matter. This is why I am writing this letter, which I wish to have entered into Application File no. 3975. Respectfully yours, Andr~ Moraillon Akerly Pond Lane Southold Southold Board of From: F. M. Flynn Zoning Appeals Re: November 1, 1990 Hearng of Arthur ( Appl. # 3975) Date: November 6, 1990 It was not without reason that, at the recent planning conference, Dr. Lee Koppelman accused the Southold ZBA of "g£ing away the store." In my opinion, the Board's conduct at th~ captioned hearing, and its actions with respect to the Port of Egypt and other properties~amply illustrate its proclivities in this direction. The subject application is, indisputably, an applicaion for a change o~zoning. It should have been recognized immediately as s~h; as a matter to be brought before the Town Board. The applicant displayed, albeit inadvertently, a clearer understanding of what was required than did the ZBA when he submitted a petition for a change of zoning. The Board's vacuous, inane and circumspect questioning of the applicant conspicuously avoided the main issue. This could well be considered as evidencing bias in favor of the applicant. I hold no animus toward Mr. Carlson. He may well be the estimable character his supporters represented him as being. This, of course, has no bearing on his application. His supporters, however, did him no service by accentuating his need to expand his business. Even were the granting of these "variances" legally possible, increased profitability is proscribed as a basis for such action. I concede that such facilities as the applicant has applied for may well be ~eeded in Southold, but in appropiate locations where they will~dversely affect the rights and property values of neighboring ~esidential property owners. This brings up a serious conflict between the testimony elicited at the h~ing and the neighbors' petition in the ZBA's files. ^ · b The applicant, or his son, testified that no odors were emitted y the present operation. The neighbors state they have been subjected to noxious, nausea inducing odors. May I point out that the Southold Code prohibits uses emitting noxious odors in all districts. Subject property is nonconmforming in size and the proposed uses are also nonconforming. This, along with the prohibition cited, raises the question of whether the existing use is a legal nonconforming one. I suggest this matter be investigated by the appropriate town authorities. None of the proposed uses is permitted in an A-C District. While mariculture is permitted in an MII District, both fish processing and fish markets are permitted as Special Exceptions only. A variance cannot rezone. Further, Sec. 100-241 of the Southold Code provides that even l~gal nonconforming uses or buildings shall not be enlarged, altered, extended, reconstructed · ~r or restored or placed on a different part of the lot or parcel. I was brought up to believe in the, now tarnished, concept that this is a country of laws. If this concept prevails in the Town of Southold, no one , including the applicant is above the law. I consider this to be a cynical~to rezone by means of variances. As such it would represent a case of not only the wrong phew (sic), but the wrong church. Rezoning is the perogative, solely, of the Town Board. For the ZBA toattempt to do so b~ any subterfuge would constitute an action not only in excess of its delegated powers, but an instance of dereliction on the part of the Town Board. While I can't prejudge a matter yet to be brought before the Town Board, to grant a rezoning would entail rewriting the Southold Code with respect to zoning. Even then, singling out this parcel for its benefit at the expense of others would constitute illegal spot zoning. For the ZBA to have given this application protracted consideration represents a waste of the taxpayer's money as well as a serious overestimation on the part of the ZBA of its powerto modify the st~ct letter of the regulations, within clearly defined spirit or intent. Either that, or it appears to me adeliberate intent to bypass these regulations entirely. their Since the Town Board appoints the ZBA, and it is responsible to the Town Board and not the electorate, it is the ultimate responsibilty of the Town Board to oversee the ZBA's actions and to be accountable to this same electorate for them. I suggest that, if the ZBA is incabable of acting within the scope of its delegated powers, or unwlling to do so, its members resign or be replaced. This would afford the Town Board the opportunity to appoint a newly staffed ZBA conscious of the limitations placed on its powers. Matters have reached such a state in the Town of Southold What I propose, seriously, the appointme~ of an ombudsman to represent the interests of all the people and.limit, insofar as possible, the spate of litigation with which the town is faced and to constrain the abuses which prompt it. cc: Town Board (2) Town Attorney F. M. Flynn P. O. Box 144 Southold, N. Y. Board Of Appeals Town of Suthold Town Hall Main Road ~ Southold, N. Y. 11971 Attn: Gerard P. Goehringer, Chairman 11971 Re; Application No. 3975 - Arthur G. Carlson June 20, 1992 Sirs: At the June 4, 1992 hearing on the captioned application, applicant's counsel introduced~and discussed in support of his client~an Appe~ate Court decision in the matter of Town of Huntington et al, Appe~ants v. Barracuda Transportation Co., Inc., et al Respondents. Obviously I had no opportunity to its ~ implications at that time. to do so. analyze this decision and I am taking this opportunity Counsel placed reliance on this decision which is not remotely on point with the apparent intention of obfuscating the matter before the Board. By so doing, counsel is hoist on his own petard. Not only does this case have no significance in this matter, but in its decision the Court confirms my contention, so often stated before this Board, that: "Regulations limitin~ the use of property must be strictly construed~and if there is any doubt as to their meaning it must be resolved in favor of the property owner." ( emphasis supplied) The case cited involves uses permitted in "General Business" districts in the Town of Huntington and has no bearing on uses permitted in "A - C" districts by the $outhold Zoning Code. Further, the fact that the respondents were engaged in the shipping of seafood is a blatant attempt to confuse the issue before the Board. Respondents could as well have been engaged in distributing "food milk or bakery goods." Significantly, respondents are engaged solely in distribution; there is no packaging, no bottling and no "warehousing". There was no processing involved. In addition, respondents were paid for the shipping, not for the food. rule requiring use of property is Board's actions in for variances. Not bythe widest, and wildest, stretch of the imagination can this decision be related to the subject application. On the other hand, the Appellate Court's reference to th~---~//~/'fi~ the strict construc~tion of regulations~he the heart of this matter and governs the this matter and in other applications S~ictly Construed / Strict Construction Define~ "A narow construction of a statute confining its operation to matters affermatively, definitely, irresistably or specifically pointed out by its terms , and to cases which fall fairly wihin its letter, or the clear, plain, obvious or natural import of the language used." (50 Am J 1st Stat Sec 388) Statute is defined as: An act of the legislature as an organized body." The Zoning Code of the Town of Southold is a legislative enactment and its regulations must be strictly construed. In the subject instance, the Town Board, in enacting the Zoning Code, has made affirmative provisions for the uses conducted (and proposed) by the applicant in zoning districts other than A - C districts. Thus , having made such provisions, the inent and will of the town's legislativ body has been specifically, clearly and obviously pointed out. 2) Fish Processin~ Defined (Southold Zoning Code Sec. 100 -13) "Fish Processing - The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shuckingand the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other fish factory operations." Applicant's operations, present and proposed, as confirmed by his own statements, clearly constitute fish processing as defined by the Zoning Code. Fish processing is not a permitted use in A - C districts. The Town Board has specified its clear intent by making affirmative for this use in M II districts as a special exception. (2) Aquacultural v. A~ricultural Use A bizarre attempt has been made to confuse the issue by attempting ~ maraculture with agriculture. The Zoning Code has drawn a clear distinction by making affirmative provisions for aquaculture as a matterof right in M II districts and by special exception in M I districts and by a distinct provision for agriculture in A - C and low density residential distr~ts. Even more bizarre is the attempt to Semantical debate aside, the intent clearly conveyed i~its provisions. equate fish with animals. of the Zoning Code is Sec. 100 - 13 of the Zoning Code defines Agriculture as: "The production, keeping or maintenance, for sale,lease or personal use, of plants and animals useful to man, including but not limited toforages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any and all such animals; bees and apiary products; fur animals, fruits of all kinds, including grapes, nuts and berries, vegatables; floral, ornamental and greenhouse products; or lands devoted to asoilA ~nServation or forestry management program? Neither the extensive listing of permitted use~ nor the clear import of the language/make provision fo mara~cultural use, much less for fish processing. Livestock is defined as: Domestic animals used or raised on a farm,especially those kept for profit." Even more definitive, Sec. 25 30 of the Zoning Code defines Agricultural Production as : "The production for commercial purposes of crops, livestock and livestock produc~, but not land or portions thereof used for processin$ or retail merchandizing of such crops~ livestock or livestock products. Land used in agricultural production shall include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusiveIy for agricultural purposes." (emphasis supplied) Not even the most far reaching efforts can justify the applicant's operations as the production of livestock. In addition, the use of agricultural land for livestock processing is proscribed. (3) 41Regulations fo Agricultural - Conservation (A-C) Districts Southold Zoning Code Sec. 100 - 31 A (a) Use regulations: "In A - C, R - 8~, R - 120, R - 200 and R - 400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used , in whole or in part, for any use except the following: Permitted uses: "The following operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor or dust producing substa~ or use, except spraying and dusting to protect vegatation~ within one hundred fifty (150) feet of any lot line."(emphasis supplied) "The raising of field and garden crops,vinyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises~ subject to the following special requirements: (emphasis supplied) The keeping, bredlng, raising and traxning of horses, domestic animals and fowl (except ducks) o_n lots of ten (10) acres or more." ]-~phasis supplied) The clear language of Sec. 100 - 31 of the Zoning Code confines the uses to those affirmatively stated and/or specifically pelted out. Odor producing uses are specifically prohibited here and elsewhere in the Code. The district confines sales to those products grown on the premises. The plain language used permits the keying, and training of horses, fowl (except ducks) domestic animals. breeding, raising and, specifically, The attempt to equate shellfish with animals in the context of the Code is ludicrous.. In this district the Code affirmatively allows for domestic animals. I don't believe even the applicant would maintain that shellfis8 are dome~lc animals. I have never seen a domesticated shellfish, nor a trainable one. If one were so obtuse as to confuse~with domestic animals, it still requires ten (10) acres to k~e~p, breed, raise and train domestic animals. (~) It must be noted again that the intent of the Code is clear. It has made provision for both aquaculture and fish processing, but not in A - C districts. 5) Nonconforming Use The subject property's plot is nonconforming in size. The so-called "garage"tin which the fish processing operation is conducted, is also nonconforming. The original building for the fish pocessing operation was erected in 1982 in accordance with Building Permit No. 11574Z, dated 2/26/82. C. O. was isued 5/12/82. Applicant (Carlson) stated on application that existing use and occupancy was residentia~ and that the intended use and occupancy was residential. He further stated that the new constuction was to be a two (2) car accessory garage. Applicant further stated that the proposed construction did not violate any zoning law, ordinance or regulation. It is worthy of note that, on the face of it, agarage 42'X24' and 16' in height, is an extraordinary size for a two car garage on a one acre plot. The C.O. stat~that and conforms to all provisions of law. building is an accessory 2 car garage of the requirements of the applicable The C.C. further states "The occupancy for which isissued is as accessory two car garage" ~ · this certificate ~.: Sec. 100 - 13 of the Zoning Code provides the following definition: "Garage Private - A bulling used as an accessory to the main building for the storage of one (1) or more gasoline or other power - driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by the others, and in which no occupation business or service for profit is carried on without special permit." (emphasis supplied) Present fish procesing use is clearly in violation of the ordinance and C.C., and has been for some ten years. A so-called garage and storage addition to the existing "garage" was erected in accordance with Building Permit No. 14209Z, dated 7/29/85. C.C. No. Z13848 is dated 9/12/85. (5) Intended use and occupancy was stated on application as garage an~extended storage area. Que~stion on form -" If business, commercial or mixed occupancyspecify nature and extent of each use" was left nnanswered. It was stated that proposed constructiondid not violate any zoning law, ordinance or regulation. ~ The C.O states that for Building Permit storage building. structure conforms substantially to Application and occupancy is addition to garage and CoO. further states "construction of above described building and permit meets all all applicable codes and regulations." It is apparent from the above that the entire application procedure was deceptive. The actual intent and use should have been apparent to Southold's Building Deparmentjat the very least at the time of inspecting the addition. The same may be said of the Board of Assessors. Property is stillassessed as a one family dwelling. THe garage addition which received a C.O. in 1985 did not appear on the assessment roll until 1990. Legal Requirements for a Use Variance. To obtain a use variance , applicant must m~ the standards of proof set by the Court of Appeals in Otto v. Steinhilber. The primary test is that the zoning be non-confiscatory; that the property have value as zoned. The test is sometimes interpreted as a reasonable return (profit) on investment. ~,~ The plight (if any) of the~is not due to unique circumstances except those created by the owner's illegal use. Granting the variance would certainly alter the essential character of the neighborhood. During the course of these hearings an obvious effort has been made to meet the test o~financial hardship by adding to the original investment the cost of freezers etc. This would be the equivalent of granting a variance to the applicant because he had violated the law. Further, even if it were legal, as fixtures building permits would have been required. If personal property, they don't represent an investment in real property. To reward the applicant for his illegal investment in freezers etc. is the equivalent of compensating a bootleger for his still. (6) 7) Proposed Use Application No. 3975 originated as an appeal for (claimed) maraculture uses to include delivery and storing of seafood, packaging , freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. The matter has evolved that the applicant now seeks a ruling ~the Board that aquacultural use fait within the purview of agricultural use~ and approval of a wholesale shellfish distribution business. The arguments against this application are so obvious as to scarcely require repetition. The Zoning Code clarly differentiates between aquacultural and agricultural use and provides seperate districts for the condut of each. The present use, and the use proposed by the owner's testimony, are clearly fish processing as defined in the Code. Provision is made for this use in the Code in a different district. The A-C district permits only the sale of products produced on the premises; clearly not the case in the subject instance. Uses emitting noxious odors are prohibited in all districts of the town. The Code permits wholesale and warehousing uses in LB districts, subject to site plan approval. These uses are also permitted in General Business districts. M II districts provide for wholesale and retail sale of finfish and shellfish as a special exception. The Code's intent is clear in that all these uses were anticipated and provided for in~pecific districts in the regulations.The language used in the Code is clear, plain and obvious. Relationship to Potato Farming In a tenuou~and~ in my opinion far-fetched and desperate, effort to relate fish processing to potato farming, testimony was introduced regardi~ potato farming. The clear conclusion is that potatoes are a form of plant life and their production is agricultural in nature and shellfis are a formof aquatic life. While the cultivatiun of shellfish and thelr harvesting may well be considered aquaculture, theirprocessing remote from their place of origin is not. (7) 9) 10) The potato farmers product remains whole and physically unchanged when shipped to market. The nature of a fish processing operation is that the product is phsically changed from its natural state, is iced or frozen, frequently subjected to some form of processing involving heat. In addition a coniderable amount of by-products and waste are created involving problems of disposing of organic matter. Enforcement Any process which emits noxious odo~rs is districts in the Town of Southold. prohibited in all Protests aboutChe subject operation have been filed with the town over a period of at least four years. Affidavits have been submitted and additional~ complaints filed with the police department Town officials have failed to investigate and act on these complaints. It is now proposed to conduct a test for odors on a prearranged basis. [he emision of odors would then be subject to the owner's control. Why have not the appropriate enforcement agencies responded to neighbors complaints on a timely basis? The result of a sc~duled test is foreordained. Conclusion Statutes, i.e. Zoning Codes, are to be strictly construed by confining their operations to matters affirmatively, definitely, irresistably or specifically pointed out by their terms. The Southold Zoning Code makes provisions for the uses sought by the applicant, but in other than A C districts.The Code is sufficiently clear as to leave no ~oubt as to its, and its framers, intent. The Southold Zoning Code makes a clear differentiation between aquaculture and agriculture by makink specific provision for their use in different districts. By Code definition, the proposed use is clearly fish processing. Were the bizarre conclusion reached that shellfish are animals, the clear provisions of the A-C district are for domestic animals, and then on a minimum ten acre plot. I have yet to encounter a domesticated shellfish. False statements have been made throughout as to use of improvements on the property and the C.O.'s issued due not provide for either the present or proposed uses. (8) The Board of Assessors has neglected its duty to inspect the property. After ten year. property is still assessed as a one family dwelling. For the Board to have protraced these hearings to this exten~ in face of the information a~ailable to it and brought to its attention, constitutes an unse~,~ly charade. In anticipation of a prompt and complete rejection of this application, I remain, F. M. Flynn Andre Moraillon 375 Akerly Pond Lane Southold, New York 11971 May 28, 1992 Mr. Gerard P. Goehringer Chairman Board of Appeals Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 Dear Mr. Goehringer, I have received the Notice of Hearings to be held on June 4th, during which Arthur G. Carlson's Appeal for Interpretation will be discussed. I will not be able to attend the proceedings on June 4th, as I will be overseas on assignment at that time. However, I wish to submit the following com~nents to the Board before the hearing. My neighbors and I originally became aware of Mr. Carlson's seafood pro- cessing activities on Lower Road when highly foul and nauseating odors drifted from his property onto ours. Excessive noise from early morning truck traffic in and out of his property also created an unwarranted nuisance. I expect that the Board's ruling on the Carlson matter on June 4th will respect our rights as Southold residents not to be further subjected to these illegal intrusions into our respective properties. Further-mo~e,I sincerely hope that the Board's ruling will be based on strict observance of Southold Town Codes and Regulations so that all par- ties concerned will receive just satisfaction. This in turn will make further discussion or action on this matter unnecessary. I thank you in advance for taking these comments into consideration. Very truly yours, Andre Moraillon Mr. G~P. Goehringer, Board Members, and interested Ladies and Gentlemen: My name is Arthur Carlson. I would like t~'.take a few moments to speak about the purpose of this hearing. I've lived in Southold Township for 54 years and there are currently four generations 6f my family living in the Township. My son and I have run a small, family wholesale seafood business on my property for almost twenty years. I keep the property clean. There are no run-down buildings, no rusted cars or other machinery, and no useless pieces of equipment lying around. People have been misinformed, and the hearsay that my intentions are to expand is unfounded and completely false. The impending hearing is taking place because one of my neighbors filed an official complaint stating persistent loud noise, heavy traffic, and odors. Several members of your own boar~, the Town Board, and other officials have visited the property both during working and non-working hours. All visitors have found the alleged violations to be non-existent. We own only a small pickup truck and one van. These two vehicles and the occasional baymen constitute all of our traffic. This is very little compared to the busy medical offices only one block away. Though odor has never been a problem, we have installed a large exhaust fan at the peak of the large barn to exhaust steam out at a higher point, therefore eliminating any possible odor problems. The barns and surrounding work areas are scrubbed and disinfected after every workday. We are duly licensed and regularly inspected by both the N.Y.S. Dept. of Enviornmental Conservation and the Dept. of Agra. culture. We have never been cited fora violation by either department. Our well water is sampled and tested ~every year as per request of the above mentioned departments The seafood we process and package is produced locally by Southold Town Baymen. It is then sold and delivered to markets outside the Southold Town area. This subsequently brings in new money to circulate within the economy of Southold. We feel that we provide a great service to the Baymen, which have meant so much to this town, and to the town itself. I consider this to be a "Nuisance Complaint" because both the initial and the follow-up complaints were submitted by a person who has had an ongoing verbal confrontation with a member of my family. This is his way of attempting to get even. I have drafted a letter, and have the signatures of fourteen occupants (constituting five out of seven neighboring homes) resi~ing'within one block of my property on both Ackerly Pond Lane and Lower Road. The signatures testify that they see absolutely no basis for the alleged violations. Copies are available. It would cause great hardship on both myself and my family, as well as the baymen who bring their catches here, should this petition be denied. Thank you for your time. Sincerely, Arthur G. Carlson To Whom It May Gone~ We~ ~he undersigned neighbors on Lower Road or Aekerly Po~d L~fl~ of Arthur Ga~lsOnjliving Southold~ dO'h~a~by stat~ that there have not been any loud Noises or nogiou~ odors emam,ttng from his property ih ~e~nt months, Intro.WRes. No. 1597-88 Introduced by Legislator Thiele, Romaine Laid on Table 6/28/88 RESOLUTION NO. 912 - 198 8, 'ADOPTING LOCAL.LAW NO. 30 YEAR 1984, A LOCAL LAW TO PROTECT RIGHT TO FISH WITHIN THE COUNTY OF SUFFOLK WHEREAS, there was duly presented and introduced to this County 5egislature at a regular meeting held on July 12 , 198 8, a proposed law ~ntitled, "A LOCAL LAW TO PROTECT RIGHT TO FISH WITHIN THE COUNTY OF SUFFOLK", said local law in final form is the same as when presented and introduced; now, aherefore, be it RESOLVED, that said local law be enacted in form as follows: LOCAL LAW NO. 30 YEAR 1988, SUFFOLK COUNTY, NEW YORK A LOCAL LAW TO PROTECT RIGHT TO FISH WITHIN THE COUNTY OF SUFFOLK BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK as ~ollows: ~ection 1. Legislative Intent It is the declared policy of the County of Suffolk to conserve, protect ~nd encourage the use of its fishing resources for the production and sale of food and other related products. This Legislature finds that approximately 90% ~f the fish processing is performed outside of the County of Suffolk. ~his ~egislature also finds that when fishing activities extend into newly developed ~reas, such fishing process operations often become the subject of nuisance ~uits. As a result, commercial.fish processing operations~are sometimes forced :o cease operations while many others are discouraged from making investments in improvements. This Legislature further finds that whatever nuisance may be caused to )thers by such uses and activities so conducted is more than offset by the benefits from fishing and fish processing to the County's economy and way of life and to society in general from the economic and social benefits derived ~rom maintaining a viable fishing industry on Long Island. Therefore, the purpose of this law is to reduce the loss to the County of its fishing resources by limiting the circumstances under which fishing and fish )rocessing may be deemed to be a nui.~ance. ~ection 2. Definitions A.) "Fish" shall mean all varieties of the super-class Pisces, including ~11 shellfish. B.) ~hel ifis'h. "Food fish" shall mean all species of edible fish, including all C.) "Fishing" shall mean the taking, killing, netting, capturing or ~ithdrawal of fish or food fish from the waters of this County for commercial )urposes, by any means, including every attempt to take and every act of ~ssistance to any other person in taking or attempting to take fish. For the purpose of .this law, "fishing" shall not include recreational fishing ~ctivities. ~ection 3. Restrictions on Public Nuisance Actions A~ainst Fishing Operations Notwithstanding any other provision of this law, fishing and fish >rocessing activities conducted within the County of Suffolk, if consistent with ~ound fishing practices and established prior to surrounding non-fishing ~ctivities, shall be deemed to be reasonable and shall not constitute a public uisance unless the activity has a substantially adverse effect on the public ~ealth and safety. No fishing or fish processing operation, resulting from hanged conditions in, adjacent to, or surrounding the fishing or fish .rocessing operation, shall be the subject of a public nuisance action if such ishing or fish processing operations has been in existence for one (1) year or ~ore prior to the changed condition and has not been declared to be a nuisance y a pertinent State or municipal commission, local health office, local board e'~ he~alth~, or court of com ant jurisdiction at the e that such operation commenged. Section 4. Certain Actions Not Affected The provisions of Section 3 of this law shall not defeat the right of any individual, firm, business, partnership, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on account of any overflow of lands of any such individual, firm, business, partnership, or corporation if such pollution, change, or overflow is the direct result of the fishing or fish processing activity. Section 5. Prior Actions Not Affected ..... This law shall not affect actions commenced prior to the effective date hereof. Section 6. SEQRA Determination This Legislature, being the State Environmental Quality P~ view Act (SEQRA) lead agen~t, hereby finds and determines that this law constitutes and unlisted action pursuant to Section 617 of the New York Code of Rules and Regulations (NYCRR) which will not have a siqnificant effect on the environment for the following reasons: Simply provides guidelines and parameters regarding the nature of what constitutes a public nuisance; Nuisance actions are not barred or precluded in instances or cases in which actual direct damages can be demonstrated to have resulted from the fishing or fish; ® Proposed action will not e:~eed any of the criteria in Section 617.11 of Title -6 NYCRR which sets forth thresholds for determining significant effect on the environment; The Suffolk County Council on Environmental Quality (CEQ) ~irected to circulate any appropriate SEQRA notices of determination applicability or non-significance in accordance with this law. Section 7. Severability is hereby of non- If any part of or provisions of this law, or the application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of or provision of or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this law, or the application thereof to other persons or circumstances. Section 8. Effective Date This law shall take effect immediately upon filing in the office of the Secretary of State· DATED: September 28 ,//~ Co~n~' Executive of Suffolk/county after a public heamin§ duly held on /-- 10/11/88 & Date of Approval:/~/~x~/~? Fi]ed with the Secretary of State on 12/19/88. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski SOUTHOLDCODE § 100-13 persons eighteen (18) years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered a "family." FARM -- A site or series of adjoining parcels under single ownership or management devoted to agricultural use. FARM BUILDINGS -- All structures useful or necessary for the conduct of agricultural activities, including but not limited to barns, silos, mechanical equipment storage sheds, animal pens or other shelters. FENCE -- A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A "fence" is considered a structure for the purposes of this chapter. FISH PROCESSING -- The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other f'mh factory operations. FLOOD HAZARD AREA -- Land in the floodplain subject to a one-percent or greater chance of flooding in any given year. FLOODPLAIN -- The relatively fiat area or low lands adjoin- ing the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater. FLOOR AREA -- The sum of the gross horizontal areas of ali floors of the building or buildings on a lot, having a clear height of not ]ess than six (6) feet measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, including cellar and basement areas. The "floor area" shall not include roof overhangs projecting less than three (3) feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building. 10020 s- 25- ~o § 100-191 SOUTHOLD CODE § 100-191 Type of Use Fish market, including whole- sale and retail sale of finfish and/or shellfish Food processing and packaging including fish processing Fraternal or social office or meeting hall Funeral home Gasoline service station, partial self-service Gasoline service station with mi- nor indoor repair facility Greenhouse, floral shop, flower shop, nursery or similar facility, either enclosed or unenclosed Home occupation, including home professional office, except physician or dentist Hospital Hotel or motel, resort and tran- sient Required Number of Parking Spaces 1 space per 200 square feet of gross floor area 0.75 space per employee or 1 space per 500 square feet of gross floor area, whichever is greater 1 space for each 3 seats pro- vided therein or 1 space for each 100 square feet of space available for public use, which- ever is greater, with a minimum of 25 spaces 3-space queuing area for each pump, plus I space for each em- ployee Same as gasoline service station above, plus 2 for each bay i spsf.~e per employee, plus 3 spaces, or 1 space per 200 square feet of sales and/or dis- play area, whichever is greater 3 spaces per home occupation, plus 2 spaces required for sin- gle-family residence 1 space for each bed I space for each guest room and 1 for each employee or 1 space per guest room, whichever is greater, plus accessory use parking as required 10106 2 - 25 - 89 C § 100-13 ZONING § 100-13 § 100-13. Definitions. [Amended 7-31-73] A. Word usage. Words used in the present tense include the future: the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." B. [Amended 10-26-76 by L.L. No. 5-1976; 4-11-78 by L.L. No. 2-1978; 2-1-83 by L.L. No. 2-1983; 1-21-86 by L.L. No. 1-1986; 5-17-88 by L.L. No. 14-1988; 8-23-88 by L.L. No. 20-1988; 1-10-89 by L.L. No. 1-1989] Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in WebsteFs Third New International Dictionary of the English Language, unabridged (or~ latest edition). ACCESS -- A physical entrance to property. ACCESSORY APARTMENT -- A dwelling unit created in a presently existing one-family dwelling pursuant to § 100- 31B(14). ACCESSORY BUILDING OR STRUCTURE -- A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. ACCESSORY USE -- A use customarily incidental and sub- ordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. ADDITION -- A structure added to the original structure at some time after the completion of the original. AGRICULTURE -- The production, keeping or maintenance, for sale. lease or personal use, of plants and animals useful to man. including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy preduets; poultry and poultry products; livestock, including beef cattle, sheep, swine, 10013 s-zs-~o Page 7 Public Hearing Southold ZBA 6/30/92 APPEAL # 3975 Applicant(s): Arthur G. Carlson Location of Property: 1575 Lower Road, Southold County Tax Map No.: 1000- The Chairman opened the hearing at 7:46 p.m. and read the Legal Notice and application for the record. CHAIRMAN GOEHRINGER: The next hearing, the 7:45 hearing is the application of Arthur G. Carlson and this has been recessed from a prior meeting, we had one surrounding or contiguous property owner that had come in requesting, actually didn't request, I had invited him and I did get a call from the gentleman. And he is out the Country again, and we said we would only take testimony from you and he and if you. have anything that you would like to add for the record, we would be very happy to accept it, close the hearing, seal it, and then start deliberating. MR. GOGGINS: Okay, will the letter be made part of the hearing? CHAIRMAN GOEHRINGER: His letter? BOARD SECRETARY: It has been. MR. GOGGINS:Okay. I remember he was to brought here, which I remember to be strictly for a factual inquiry as to the allegations made about noxious odors. And, if he hasn't appeared, Mr. Carlson just gave me a copy of the letter dated June 28th that he submitted, and they aren't any factual allegations of any noxious odors. It is just a bunch of quasi-legai conclusions about what is right and what it wrong. But the issue, I think, was whether noxious odors eminated from the premises and there has been no showing. And, in fact, Mr. Klos, the adjacent property owner, who is so concerned about his property and the smells eminating, ailegedly eminating from Carlson residence, I mean, he should have gone here, he hasn't shown up for any others. The other property, adjacent property owner that we are talking about now, he hasn't shown up for any of them. The only one that seems to have any real interest is Mr. Flynn, who lives on the other side on Town, five (5) miles away. So, I think the issue of noxious odors is almost a non-issue, because nothing has been presented here which indicates noxious odors have eminated from the premises. I am sure there is some smell, there's got to be, but as far as them being noxious and carrying over to the other premises, I think it is important for the Board to note that, there hasn't been any testimony to that effect. CHAIRMAN GOEHRINGER: I did, for the record, just want to tell you, this gentleman did call me, Mr. Moraillon. And, I had only questioned him briefly on the phone in the method that he had taken in writing the letter to the newspaper and my responding to it and so on and so Page 8 Public Hearing Southold ZBA 6~30~92 CHAIRMAN GOEHRINGER (con't.): forth. He felt that he was in his right to do so, and I said, I agree with him, he certainly was within his right. And it was my right to to answer him. And that was basically the extent of the discussion. There really was not much of any other discussion. And he did tell me that he would write the letter, the file letter, which, of course, we did receive and you are aware of and so on and so forth. The only thing that I have not, and of course the audience is not aware of, but, except for the people that were at the last hearing, but, I have not again seen the conch steaming. So, again I request that within the next couple of weeks, just give us a call and let us know what day you are doing it or what evening or whatever, and we can just zip right down there. And, it would be greatly appreciated. We are not to deliberate on this hearing tonight, I can tell you that right now. Because I sufficiently don't think that I am ready to do so until I see that, okay? And that is basically the situation. MR. GOGGINS: As far as the nine (9) page letter submitted by Mr. Flynn and his current letter by Mr. Moraillon, the only problem I have with it's submission, is the fact that I can't confront him with the allegations he makes. And that is where a big problem in credibility and due process is concerned. CHAIRMAN GOEHRINGER: Why don't you do this then. Why don't you confront him by letter, okay. And then let him respond by letter and we will put those letters in the file. MR. GOGGINS: Alright, that is fair. CHAIRMAN GOEHRINGER: Okay? MR. GOGGINS: Okay. CHAIRMAN GOEHRINGER: I really don't mean to continue this hearing, I am going to seal the hearing at this point, but I am not going to close it tonight. I am going to close it on the 30th, the 29th. I am not closing it until the 29th. BOARD SECRETARY: If anything else comes in, in writing, we will have to accept it (in the mean time). CHAIRMAN GOEHRINGER: We want to accept it, because he wants to confront... Let us do this, let us not seal it at this point. We are going to leave it open, just briefly. If he should happen to 'show up after you write him the letter and he wants to say something on July 30 -- July 29th, right? BOARD SECRETARY: Right. CHAIRMAN GOEHRINGER: The 29th of July, then we will let him do so, if he wants to, but at least you will have an attempt anyway to confront him, I am talking about Mr. MoraiIlon. You will have an attempt, at CHAIRMAN GOEHRINGER (con't.): least by writing, and maybe he will come back down or whatever the case maybe. Page 9 Public Hearing Southold ZBA 6/30/92 MR. GOGGINS: Or apply by writing. I just don't want it to be a paper chase, because it seems that's what it has been. If I put in an opposition, I am going to get another twenty (20) page, ten (10) or twenty (20) page response from Mr. Flynn, Mr. Moraillon, we will copy it. It is pointless, because it is just bunch of allegations going back and forth. Maybe I should talk with Mr. Carlson for a moment and see if he wants to seal it now and just get it over with or whether he would like us to oppose. CLAUDE CARLSON: I would like to seal it. I don't see any point in going back and forth with more paper work. I think all the questions have been answered. I think they have all the information they need. MR. GOGGINS: Okay, we request that the hearing be closed to all responses. CHAIRMAN GOEHRINGER: Let me just ask the Board. Is there anything that you guys think that you might want to deal with from the applicant after we see the conches being steamed? Now remember, this hearing is an interpretation, okay, we are comparing aquaculture and farming, okay. If that is the case, I have all intentions of having a special meeting, okay, to discuss the new procedures that start on July 1st, sometime around the middle of the month, so we could always close it at that meeting, you know, if you want. You want to close it then, or do you want to close it now? BOARD SECRETARY: Well, we could re-advertise it and re-open it, if it is necessary. CHAIRMAN GOEHRINGER: We could do that too. Okay, let us do that. MR. GOGGINS: What are we going to do? CHAIRMAN GOEHRINGER: We will close it. Okay, if need be, after we see the procedure and we have to, we can always readvertise it. They will be no deliberation on this until well after that, so that I can tell you right now that we are not going to deliberate until the 30th of July. MR. GOGGINS: Okay, as far as the Board coming out to see the conch operation, what is convenient to the Board? Early evening or... CHAIRMAN GOEHRINGER: Early evening, any time after 4:30 pm., 5:00 pm. is alright with me. I don't work then. MR. CARLSON: We haven't been doing any of that lately. We are usualiy done by 4:00 p.m. CHAIRMAN GOEHRINGER: Okay. Any specific days, Claude, that you do it? MR. CARLSON: No, it depends on weather and production, but I can call you after the weekend on whatever it would be, like on the 6th or something and tell you it would be Tuesday, Wednesday, or Thursday, Page 10 Public Hearing Southold ZBA 6/30/92 whichever day you want to come. It will be at least three (3) days that we will be working. YOU can pick whichever day you want, anytime between a three (3) hour period basically. CHAIRMAN GOEHRINGER: Okay, as long as I come between 1:00 and 4:00 or something like that. MR. CARLSON: Right. I can call you and tell you which days we will be operating between which hours, and you can come anytime you like. CHAIRMAN GOEHRINGER: That is great, terrific. MR. CARLSON: Thank you. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment, I make a motion closing the hearing, reserving decision until after we observe the remaining operation. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 6/30/92) Page 31 Public Hearing Southold ZBA 6/4/92 APPEAL # 3975 Applicant(s): Arthur G. Carlson Location of Property: 1575 Lower Road, Southold, NY County Tax Map No.: 1000-69-5-13.2 11971 The Chairman opened this hearing at 8:46 p.m. CHAIRMAN GOEHRINGER: Okay, that brings us to the final hearing of the evening, which is recessed hearing I believe from March 25th of the year of 1992 and that is the Arthur G. Carlson hearing. At that time, I believe we were swearing people in and we will go back now to the attorney and we will ask him if he would again state his name and tell us what he would like to do tonight. MR. WILLIAM GOGGINS: I am William Goggins of the law firm of McNulty and Speiss located in Riverhead, NY. I believe that at the end of the last hearing, the Chairman requested that we come back and present some information illustrating the process of potatoes and how those potatoes are processed and put to market, so we could make an analogy to determine the similarities and distinguish the difference between agriculture and aquaculture. And, to that end I have two (2) people here willing to testify--one is a Mr. Sam McCullough, another one is a Henry Romanowski. And, if it pleases the Board, I would like to bring up Mr. McCullough up to speak on the process of potatoes. CHAIRMAN GOEHRINGER: Are you going to be asking him questions. MR. GOGGINS: No. I was going to leave it to the Board to do that. If you want, I can ask the questions. We did it in response to your inquiry, but if you want, I can do that. CHAIRMAN GOEHRINGER: Why don't you ask him some questions and then I will illicit some interests that we have. How do you do, sir. Could you state your name for the record and tell us what your business is. MR. SAM McCULLOUGH: My name is Sam McCullough. I am currently the vineyard manager for Lenz Winery in Peconic. I reside in Cutchogue. have a fair amount of background in agriculture on the North Fork. I grew up here from the age of 11 or 12, worked on a truck farm, potato farm. I studied horticulture at Colorado State University in Fort Collins, Colorado and then returned here in 1983 to go into the wine business. And I have worked for Lenz Vineyard in their installation, management, and consulting business. I have my own management business for four (4) years and then I went to work at Lenz Winery, who have been one of my clients, when I had my management business. I am currently employed there now. CHAIRMAN GOEHRINGER: Do you solemnly swear everything you are about to say is the truth to the best of your knowledge. MR. McCULLOUGH: Yes I do. Page 32 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: Okay, just to recap this thing briefly. have had a type, certain types of applications, okay regarding this particular business on this particular site, okay. The most recent application that we had acted on which was the March 25th one, was an interpretation on how agriculture and aquaculture interrelate. Okay, and that is basically an area that we are going to be dealing with in reference to either an interpretation or just a flat out statement concerning the request of this applicant or the agent for the applicant who is this attorney. Is there anything, Bill, that you want to ask him again before -- You have a specific thing you want to say, I presume. We MR. McCULLOUGH: I don't actually have a prepared statement. understood that I would be answering questions. CHAIRMAN GOEHRINGER: Okay. MR. GOGGINS: Last time we were here, the Carlsons, they explained the process of their business and I explained to you earlier today. And basically, I think what the Board wants to know is, they want to determine what a farmer does with a potato when he takes it out of the ground. And what happens at the time when he takes is out of the ground and gets it to market. Do you have any experience working on farms with potatoes and so forth? MR. McCULLOUGH: Yes I do. MR. GOGGINS: Could you tell the Board and the people here tonight the process of the distributing of the potato and so forth. MR. McCULLOUGH: Sure. In my experience, which is not up to minute but it is reasonably recent history at least. We would dig the potatoes with the combine, do some presorting on the combine, load the potatoes into a bulk truck. This was all an automated process. We would then either market at that point, by taking a truck load of potatoes to a grader who would, the process would include grading and distribution, or depending on prices, we would store them to wait for a better price -- hopefully a better price. And the storing process, we would take our load of potatoes to wherever our barn was and sort the potatoes again, cleaning out any rotten potatoes, dirt, defective potatoes--either they would be green or cut, bruised badly. Fill up a barn. At that point, we would treat potatoes with a sprout inhibitor, usually in form of a gas, the exact chemical name of that at this point I can't remember. Then we would store the potatoes in a temperature controlled layup until such time as the price was attractive to sell a little bit more, until such time that it was late enough in the season, we would just have to get rid of it. MR. GOGGINS: But, when it came time for, to sell them, what they do with the potato at that point. the would MR. McCULLOUGH: Okay. At that point, we did not actually pack potatoes and ship them. We would either move them. We would move them to one of the local packers which, there were several packing Page 33 Public Hearing Southold ZBA 6/4/92 MR. McCULL.OUGH (con't.): ~ ,- ~ business~s-~$acks.andl Sons was one; SchumJnns, we would take them to. ~[nd then there were other farmers that also packaged, sorted and packaged potatoes for other growers. They weren't actually, I think, official distributors, but a fair amount of this went o~ in a business where some of the other growers, who with these types of things, guess it is a good idea to keep everybody nameless. But some farmers had all the packaging equipment and facility to do this in, so they would actually be doing packaging from the growers. What happens in that case, is the potatoes are loaded back on the truck from the storage, taken to wherever the grading facility is, they are taken off. They are first sorted for any defects, then they are graded by size. They are either washed or simply brushed. And all potatoes that leave Long Island have to be treated in someway to prevent the spread of the golden nematode to other growing areas. Sorted by size, this is all a mechanical operation, conveyors with a series of chains with different size holes, large potatoes stay on the top and they are parted off in one direction, the smaller potatoes are taken off in the other direction. They tyke them to an automatic bagging equipment, where they are put into bags from a conveyor, automatically weighed, kick off the scales, and the bags are taken away and sewed all up. And then somebody stacks them on pallets and then they are loaded on a truck. CHAIRMAN GOEHRINGER: Can I ask a question, Bill? MR. GOGGINS: Sure. CHAIRMAN GOEHRINGER: At any time, was the physical characteristic of the potato changed. MR. McCULLOUGH: In other words was it .... CHAIRMAN GOEHRINGER: Skinned. MR. McCULLOUGH: No, they are not skinned, they are not cooked, or anything like that. CHAIRMAN GOEHRINGER: By the act of washing the potato or whatever act or form that was done prior to either bulk grading or whatever the case might be and packaging or just sent in. You know, the normal big pallet size with the walls on it, okay. Did the scrubbing action or the washing action change the physical characteristic of the potato? MR. McCULLOUGH: It doesn't change the physical characteristic the potato, but what it does, it renders it marketable. Without doing that, you can't sell it anywhere but locally. And it is an essential process in selling, but it does not change it into anything other than a potato. of CHAIRMAN GOEHRINGER: The nature of the growing of this potato on the farms that you have worked on, were they necessarily all grown on site, or did the farmer rent other land where he would bring the Page 34 PubHc Hea~ng Southold ZBA 6/4/92 MR. McCULLOUGH (con't.):businesses--Sacks and Sons was one; Schumanns we would take them to. And then there were other farmers that also packaged, sorted and packaged potatoes for other growers. They weren't actually, I think, official distributors, but a fair amount of this went on in a business where some of the other growers, who with these types of things, I guess it is a good idea to keep everybody nameless. But some farmers had all the packaging equipment and facility to do this in, so they would actually be doing packaging from the growers. What happens in that case, is the potatoes are loaded back on the truck from the storage, taken to wherever the grading facility is, they are taken off. They are first sorted for any defects, then they are graded by size. They are either washed or simply brushed. And all potatoes that leave Long Island have to be treated in someway to prevent the spread of the golden nematode to other growing areas. Sorted by size, this is all a mechanical operation, conveyors with a series of chains with different size holes, large potatoes stay on the top and they are parted off in one direction, the smaller potatoes are taken off in the other direction. They take them to an automatic bagging equipment, where they are put into bags from a conveyor, automatically weighed, kick off the scales, and the bags are taken away and sewed all up. And then somebody stacks them on pallets and then they are loaded on a truck. CHAIRMAN GOEHRINGER: Can I ask a question, Bill? MR. GOGGINS: Sure. CHAIRMAN GOEHRINGER: At any time, was the physical characteristic of the potato changed. MR. McCULLOUGH: In other words was it .... CHAIRMAN GOEHRINGER: Skinned. MR. McCULLOUGH: No, they are not skinned, they are not cooked, or anything like that. CHAIRMAN GOEHRINGER: By the act of washing the potato or whatever act or form that was done prior to either bulk grading or whatever the case might be and packaging or just sent in. You know, the normai big pallet size with the walls on it, okay. Did the scrubbing action or the washing action change the physical characteristic of the potato? MR. McCULLOUGH: It doesn't change the physical characteristic the potato, but what it does, it renders it marketable. Without doing that, you can't sell it anywhere but locally. And it is an essential process in selling, but it does not change it into anything other than a potato. of CHAIRMAN GOEHRINGER: The nature of the growing of this potato the farms that you have worked on, were they necessarily all grown on site, or did the farmer rent other land where he would bring the potatoes to the site where he either rented the barn or owner the barn to do this activity? on Page 35 Public Hearing Southold ZBA 6/4/92 MR. McCULLOUGH: Well, we were actually on the opposite end of that, in that we brought our potatoes to other sites. We... CHAIRMAN GOEHRINGER: Okay. the storage of the potato... In other words, you didn't actually do MR. McCULLOUGH: We did the storage. In fact in was all on rented land. And we rented the storage which was up near, where Capt. Kidd Estates is now in Mattituck. And it depended on who was getting the best price, we would go to anybody who was packing potatoes. CHAIRMAN GOEHRINGER: Alright, okay. MR. McCULLOUGH: And there are several growers who do package potatoes for other people. CHAIRMAN GOEHRINGER: Right. MR. GOGGINS: So, what you are saying is that there are some farmers that grow potatoes, but they don't have storage facilities on site and they don't have the capability to package them on site. MR. McCULLOUGH: Absolutely. MR. GOGGINS: And they have to bring them to a local wholesaler. MR. McCULLOUGH: Yes. MR. GOGGINS: Okay, and then there are other farmers who have storage capacity, but they don't have enough for their whole harvest and so they might store some on site and some elsewhere. MR. McCULLOUGH: Right. some MR. GOGGINS: Or, even sell some directly to the wholesaler. MR. McCULLOUGH: Normally there is a combination of marketing storing going on at the same time. It would be foolish for every potato grower to take all of his potatoes and put them on the market at once. Prices drop very rapidly. and MR. GOGGINS: Are there, there must be also some farmers that do everything on site. They grow it, they store it, they process it, package and distribute it. Is that right also? MR. McCULLOUGH: Yes. MR. GOGGINS: Are there also other farmers without naming anyone, that, or people who used to be farmers, that used to be in the business that strictly wholesaled without doing any actual growing. MR. McCULLOUGH: I think there probably is one and there are several who primarily who have gotten into related areas of the business where they are not ..... making ..... Page 36 Public Hearing Southold ZBA 6/4/92 MR. GOGGINS: .... they are not growing .... CHAIRMAN GOEHRINGER: You are referring to a potato broker now as opposed to a person that .... MR. GOGGINS: Broker or a commissioned merchant. I don't know what you would call them. I am not really familiar with them. MR. McCULLOUGH: Are we speaking specifically to potatoes or all other processes in general. CHAIRMAN GOEHRINGER: No, it could be almost any crop, the physical characteristic would not necessarily change. An example would be brussel sprouts. If the physical characteristic of the brussel sprout is changed, not the sprout itself, but it is taken off the stalk and usually packed in a container or a box. So, in that particular case, we have a change. MR. McCULLOUGH: In that case, potatoes, the physical characteristics are that they take them from a great big pile and put in bags. And I think that that is a fairly good- CHAIRMAN GOEHRINGER: Synonymous type of thing. MR. MeCULLOUGH: ...good analogy actually. It is packaging. CHAIRMAN GOEHRINGER:. During the period of the time that I assisted the Mattituck Lions Club and their use of the Agway building in Mattituck, the east side of that building, the detached portion of that building on Old Sound Avenue which is now rented to Chris Rehm, handled a large packaging operation, okay. The farmer that you worked for, did he ship any of these potatoes to Agway... MR. McCULLOUGH: Rarely through Agway. That was something of a last resort. CHAIRMAN GOEHRINGER: Okay. MR. McCULLOUGH: Most commonly we used Farmer Sacks. CHAIRMAN GOEHRINGER: But again for the products that were grown either on site, be them any type of produce, the physical characteristics rarely changed except for the two (2) analogies that we just used, which is the scrubbing action and No. 2--the brussel sprouts which are taken off the stalk by manual labor and then placed in a container. MR. McCULLOUGH: Yea, at that time, the farm that I was working on, we grew string beans, which were basicaliy put in baskets and shipped; cucumbers, which again were put in baskets or boxes and shipped; peppers would be put in boxes and shipped. We always took those to one of the local truckers. Page 37 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: Right. of the gentlemen that... Like the one on MR. MeCULLOUGH: George Alee most commonly. Depot Lane or one (1) CHAIRMAN GOEHRINGER: Were the cucumbers ever waxed prior to their shipment? MR. McCULLOUGH: Occasionally, but it didn't seem to merit the effort to do it so, normally what we would do is just wash them, pack them, and send them out. We waxed them for a little while but it didn't bring any extra money, so it wasn't worth doing. MR. GOGGINS: I was going to get into that, too, the other type of farm products like cauliflower. What do they do with cauliflower when they take that from the ground? Or how do they take it from the ground, how do they package it and so forth? MR. MeCULLOUGH: It is cut from the stem. The leaves are cut off the top. It is packed in typically a wooden crate, sort of a trademark of Long Island cauliflower. It is just packed in a crate and shipped. MR. GOGGINS: Do they string it or tie it in anyway? MR. McCULLOUGH: Normally no. I believe that some of the stores that are working on contracts with some of the local growers, are requesting different packaging because our traditional package here is a little bit of a handling problem. They got a lot of waste, they get extra leaves, which are due for cushioning cauliflower and shipping, but they are a nuisance to handle when you unpack it at the grocery store and they have got these wooden crates. And what you typically see in the stores are cauliflowers that are trimmed very close. They have got a few leaves left on it, very short, wrapped in cellophane. And that is always done by the grower or the packer. That is a little bit more advanced than, I guess, what is common around here, but there is some of that going on and I believe that is probably the way things are going. MR. GOGGINS: I know that this isn't on point. You said you worked for the wineries, how do they do what the wineries do, when they pull the grapes from the vines and so forth. How does that processing go? If you want a more involved process, you are now going into something that is much more involved. The grapes are picked either by hand or by machine. The hand picked grapes are brought into the winery in plastic tubs at which point they are put through a machine which crushes the grapes and removes the stems. At that point, they are pumped into a tank and inoculated with a yeast. At this point, they ferment and depending on the grapes, it may be anywhere from three or four (3 or 4) days to three or four (3 or 4) weeks, at which point, most of the sediment is settled out of what used to be grape juice and is now young wine, transferred into another tank, the sediment is taken out, disposed of, usually out in the fields, most commonly, relatively rich in nutrients. At this point, there is a series of changes that take place in the wine, they are fairly technical, but the acid chemistry of Page 38 Public Hearing Southold ZBA 6/4/92 MR. GOGGINS (con't):the wine is manipulated so it will be stable, so it won't precipitate, but it will snowflake like by passing bitartrate crystals and bottling, and if you chill it. It stabilized so the protein won't precipitate out of it, if it gets too warm. And that is done with bentonite, which is just mixed in the powder with the wine. It aggregates the various protein molecules and they settle out. Each time anything is settled out of wine, it is transferred to another tank, so whatever is fallen out of it can be taken away. After that, most wines that we are producing out here are aged in oak barrels for a period of time, anywhere from three or four (3 or 4) months to two and two one-half (2 and 2 1/2) years. Once the wine has been determined stable and it's pick up the right flavors from the oak. And the wine maker, who is sort of magician at times, has decided it tastes the way he wants it to taste. The only thing left to do is bottle it. And, it is quite an integrate machine that automatically bottles the wine. The bottles are put into one end, wine is pumped into the machine, the bottles are filled to a closely controlied level, corks are put in, labels are put on all with one machine. Then the wine is packed in cardboard cases, placed on pallets and moved to a warehouse either on the facility or off. If the wine is moved off the facility, you have to pay a couple of taxes, state tax and all these things down the line. It's stored for a period of a couple of months to maybe a year or two. At which point, it is sold. And many of the wineries have retail facilities where they have for sales, special events. I think you folks are pretty familiar with some of those. MR. GOGGINS: As far as the grapes they use, do they use all the grapes that are on site? MR. McCULLOUGH: That varies with the wineries. Some wineries produce all their own grapes. In our case, we produce all of our own grapes on four (4) different farms, two (2) of which we own, two (2) of which we lease. Some wineries supplement their own production with locally produced grapes, and other wineries supplement their own production with other locally produced grapes, and some grapes that are produced in either upstate New York or, in one (1) instance, someone was buying grapes in either northern California or Oregon. So, there is quite a wide latitude of things that go on that you really can't say anybody follows a specific set of rules that applies to everybody. CHAIRMAN GOEHRINGER: Can I ask a question here? There also comes a time with the person who owns the vineyard that does not have a winery. He may request or she may request the use of your crushing facilities, not necessarily yours, but other wineries in the area. Their crushing facilities, their installation, the oak barrels and so on and so forth. And then of course, they probably dispose of it at that point to their own and then take care of it. MR. McCULLOUGH: Yes. There is definitely a fair amount of that that goes on. With the newer wineries, the last three or four (3 or 4) that come of on line here, they have all had wine made from their own fruit at different wineries, so that they would have something to market when they have a winery to open. It is a little difficult to make money with a winery with no product to sell. It is a huge Page 39 Public Hearing Southold ZBA 6/4/92 MR. McCULLOUGH (con't.):investment. When you've already have tobuy a farm, establish a vineyard, then build a winery, you are talking several hundreds of thousands of dollars here. So, the typical way people have gotten into this business, is to contract with another winery to have wine made, so that they will have a marketable product, at the time they have their winery completed. So typically, what happens is, for instance, say in 1992, if I am growing grapes and I plan to build a winery that I would like to open in the fall of '93, I try to get the winery. I would take my 1992 crop, shop around some of the other wineries, find somebody who I think would make a wine that I want at a price that I could afford. Have him make wine for make wine for 1992 crop, in the meantime, I am building my winery and hopefully if everything goes right, I can process my own fruit in '93 and about that time when I have got a completed facility, I will have some of my 1992 wine to sell. CHAIRMAN GOEHRINGER: Interesting. MR. GOGGINS: Yea, it is. I have no further questions of Mr. McCullough. CHAIRMAN GOEHRINGER: I don't either. We will ask the Board. No. Thank you so much sir. MR. McCULLOUGH: You're welcome. MR. GOGGINS: Thank you, Sam. Next, I am not sure if Henry can add anything to this. CHAIRMAN GOEHRINGER: Oh, I think he can. MR. GOGGINS: Mr. Henry Romanowski. CHAIRMAN GOEHRINGER: Again, state your name for the record and (Henry Romanowski) and you solemnly swear again to say everything that you know to the best of your ability and to the truth. MR. HENRY ROMANOWSKI: Yes, and my name is Henry Romanowski. I reside in Mattituck. CHAIRMAN GOEHRINGER: Go ahead. MR. GOGGINS: Mr. Romanowski, my understanding is you come from generation of farmers. Your grandfather was a farmer, your father was a farmer and you're pretty --, you know a lot about the process of farming and what it takes to pull potatoes out and everything else. Can you tell the Board anything about the processing of potatoes that maybe Mr. McCullough missed, or anything you can add to Mr. McCuliough's statement, or to confirm anything he spoke to the Board about. a MR. ROMANOWSKI: Processing potatoes from, what I have seen from my father and growing up, we grew potatoes. Bought seed potatoes from Maine or russet style wherever. Planted them in the ground, harvested Page 40 Public Hearing Southold ZBA 6/4/92 ~R. ROMANOWSKI (CON'T..): it,.getting them out of the ground. Harvesting, we .we eithe~ put th~m into the c~rain house,~bank.house. Either put In ~'ive (5), ten(10) pound pile. Either brushing or washing whatever our broker ever wanted. If not, if there was no sales for them, we either put them in storage and let them set a couple of, you know, a couple of months. And then after storage, we would go into our packing house, would grade from washing machine, brushing potatoes. Would pack at least three (3) trailers a day, whatever, you know, the customer ever wanted. MR. GOGGINS: You had a self-contained farm then. MR. ROMANOWSKI: Yes. MR. GOGGINS: You grew the product, packaged it, and distributed it. MR. ROMANOWSKI: Yes, I did. MR. GOGGINS: Exactly, what was the process as stored and you got a market to sell the potatoes. they processed. far as after it was Exactly how were MR. ROMANOWSKI: They were processed by, if they were in storage, by bucket loader into our potato trucks and packed into our grader. Packed in either It was either washed, whatever, you know, the market was for, whatever they wanted. It was either washed with a washing machine, which is a high pressure of water over the potatoes and rolled over sponges or it went over a brusher, which was like a brush like if you wanted to brush your gas grill or something. It was very light. The brush was like a wire brush. And it went from there to a sizer machine, went to either a "B" potato, which is a very smail potato. They came over and they picked them out either from the green ones, growth bracks, had knobs on them. Then they went to a big potato, a jumbo, a very large potato, which was a shep. It came over that and it went into a bake machine, which either you could hang five (5) pound, ten (10) pound, fifteen (15), if you wanted, a twenty (20) pound. When it came out, it was all automated. It really would scale most of itself. You would either have to puli two or three (2 or 3) potatoes out, or put three or four (3 or 4) back in. Pull out the size, whatever you wanted, it was automated, it would all hang by itself. It would clip itself or sew itself. MR. GOGGINS: This is a pretty elaborate process. MR. ROMANOWSKI: Yes. MR. GOGGINS: What was it, kind of like a conveyor belt. Where the conveyor belt... Would the potatoes be on conveyor belt and it would go through these machines. Is that what it would do? MR. ROMANOWSKI: Yes. It would come up and it would throw itself into the bag automatically. It would come up to a three, four (3, 4) pounds difference on the machine. Come up to size and come around, you Page 41 Public Hearing Southold ZBA 6/4/92 MR, ROMANOWSKI (con't)': Mould two or three (2 or 3) guy's standing On the machine pull in and ~throw out the potatoes that are sup_pose to be in or not suppose to he in. And it.would come out and clip. itself~or "~ · sew up on one side. And it would come up and the guys w6uld be put them in masters, you know four or five (4 or 5) high bags into a fifty (50) pound bag or ten (10) five pounders. They would throw the fifty (50) pound bag in there, throw them up in there and scaled and thrown into the trailer. CHAIRMAN GOEHRINGER: The reason why I eluded to the Agway operation was because the first time I had seen it was in 1972. And, we of course, had utilized with the Lion's Club, utilized the building for the sole purpose of hulling the strawberries for the Strawberry Festival, okay. I have not spoken to Mr. Romanowski, I do know him very well, I know his father very well. His father is a fellow Lion's Club member with me. I observed the Romanowski farm, the Romanowski bagging operation and pretty much the entire operation during the period of that I knew his father, and I still know him, but he is not in the potato business anymore or the growing of the potatoes. He is not a farmer anymore, okay. In a different sense, he is doing farming. At that time, Henry, your father was operating on the family property which was the Main Road in Laurel, but he was renting a farm, okay. I believe that was up on Bergen Avenue, was it not? MR. ROMANOWSKI: Yes. CHAIRMAN GOEHRINGER: Okay. So there were potatoes from both areas taken to those large steel, corrogated steel buildings that you had in the back of the, of your grandmother's house and that is where the operation took place. Is that correct? MR. ROMANOWSKI: Yes. CHAIRMAN GOEHRINGER: Okay, the only issue that we have not arrived at, at this particular time, was the issue of noise or nocuous odor, okay. To my knowledge that during the period of time that those conveyors were operating, there was a relatively noisy operation, was it not? MR. ROMANOWSKI: Yes. CHAIRMAN GOEHRINGER: Okay. Were there any specific eminating from the washing of the potatoes, other than the dust that may be flying before it hit the water or whatever the case might be. odors MR. ROMANOWSKI: There is always an odor, smells of potato and this and that. You could smell that you know. you know it, you know it of a CHAIRMAN GOEHRINGER: What if you stored them in a certain area and they got rotten. You certainly would have an odor from that area also. MR. ROMANOWSKI: Yes. to the Page 42 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRiNGE~: Okay, And,' of course, we all 'know what the ~auliflower field.s~mells like on a re. al hot ~da~, okay, So, basically..there.is some significance ~ifferences that we are talking about here. We have not gone into the she]]fish area, which we talked about when you two gentlemen weren't here, okay. We did discuss that germane to this operation in the nature of this hearing. I don't think I have any further questions, anybody else on the Board? You have a question. Mr. Dihizio has a questioN. MEMBEIt DINIZIO: I just want to know about approximately how large is the piece of property that you use to process where you have this machine and these large buildings. Approximately how large is that piece of property. CHAIRMAN GOEHRINGER: He is talking about the south side on the north side of the railroad tracks, because the Romanowski farm was trunkated by the railroad, okay. MR. ROMANOWSKI: I would say altogether £.xybe five (5) acres. MEMBER DINIZIO: Thank you. That is all I wanted to know. MR. GOGGINS: Was it all contained in one building? MR. ROMANOWSKI: Yes it was. MR. GOGGINS: If you stood outside the building, while the machine was operating could you hear it? MR. ROMANOWSKI: Yes, you could. MR. GOGGINS: Could you smell it? MR. ROMANOWSKI: Yes. MR. GOGGINS: I have no other questions. CHAIRMAN GOEHRINGER: I don't either. MEMBER DINIZIO: I have a couple more questions. This may be for you. When you were questioning Mr. McCullough? MR. GOGGINS: Mr. Cullough, yes. MEMBER DINIZIO: He said that he wouldn't mention names of certain farmers that did processing and things such as that. My question is, why wouldn't he mention the names. I don't want anybody... I mean is this something that the Town doesn't allow them to do. MR. GOGGINS: It is not .... I really don't know and I always make it a practice not to mention someone's name unless I have their authorization, you know. If someone is doing something illegally on their site, I don't want to bring attention to it. And I certainly Page 43 Public Hearing Southold ZBA 6/4/92 MR. GOGGINS (con't.): don!:t want to create problems for anyone. Mr. McCu-llough and I spoke before and we had talked about the different situations where you would have a wholesaler that doesn't grow the product on his property. The guy who had the farm and didn't have enough storage space would send elsewhere and then the other farmer that had everything, as the Romanowski's did, and we were drawing out names back and forth and actually Mr. McCullough brought to, he said I don't think we should be mentioning names because, you know, it's really not proper. And I agree. I usually don't. MEMBER DINIZIO: I not so much worried about who it was, because have a pretty good idea. I have lived here all my life. But my question is, is it, is there impropriety there. Do these people think that they... CHAIRMAN GOEHRINGER: An example of which is Henry's father. Because Henry's father operation was in brand new buildings.. And it was a brand new operation, okay. An operation which existed, correct me if I am wrong, like from 1975 to 1985, okay. Okay, those were in brand new steel corrogated buildings. Okay. I don't know if the bagging machine was new, but the machine in the entire operation was a cement floor in a really pretty spot was built. Okay because we, that is where we hold our strawberries every year. We ask Henry's father for permission. And that is how he became a Mattituck Lion's member. And that is how we knew the situation came to be. And he got building permits for the buildings. And we operated this. Nobody ever stopped his operation did they? Except voluntarily when he went out of farming. Is that correct? MR. ROMANOWSKI: Yes. Very right. MEMBER DINIZIO: I just thought ..... MR. GOGGINS: It is not as if we are saying things that don't exist or we are saying that farmers go through certain processes and maybe we are trying to hide it from the Board. It is not that at all. Again, I don't personally, I don't like to mention names, unless I have authorization, like June Glover of Glover Farms. I can mention his name, he was going to come up here tonight, but he had a conflict. And I am sure he does trucking, and I think he does wholesaling. And he has a ,whole process there. And I am not sure how big of property is there, you know. But, I was hoping that he would arrive here tonight to testify, but he didn't. But anyone else, I don't, I just don't do that. If the Board would like to adjourn this thing again, .... MEMBER DINIZIO: No, absolutely not. CHAIRMAN GOEHRINGER: Well, it is a good point, but... MEMBER DINIZIO: I just wanted to clear up in my mind that you thought that there was some reason that, they wouldn't want their names for some reason. That the processes that they were doing on their on their own farms was in some way not recognized as an agriculture use. Page 44 Public Hearing Southold ZBA 6/4/92 MR. GOGGINS: Well, if there is a situation where there is a guy that is surely doing wholesaling and he is doing it on a hall acre piece of property inside a barn and it is not allowed by the Code, I MR. GOGGINS (con't):don't want to bring up his name and say, well so and so is on the Main Road in Cutchogue, he is doing it, why can't we. And then the Board finds out, it gets around Town, all of a sudden there is a stop work order going over there or whatever. And that is why we don't like to mention any names or get involved in that .... CHAIRMAN GOEHRINGER: Also, in defense, and again I have, I am trying to act completely neutral in this. The nature of the fact of mentioning, Henry mentioning that this property that his father's was, which was grandfather's, was on five (5) acres. These were massive buildings. These buildings were five, ten, fifteen thousand (5, 10, 15,000) square feet buildings, okay. These were big buildings, I mean these buildings could house probably two thousand (2,000) people, if you put both of them together, you know, standing there. There is a relative difference between comparing one operation to another, based upon the size of the building and you know the size of the area. Because the two (2) buildings probably comprised an acre, you know, which he had back to back. And I can't emphasize the fact that they were brand new buildings. These were, you had to know Henry's father, he only did things one way, and that was first class all the way, okay. Am I correct? MR. ROMANOWSKI: Very right. CHAIRMAN GOEHRINGER: I have no further questions. I think you did a great job. MR. GOGGINS: Okay, thank you. CHAIRMAN GOEHRINGER: Thank you. MR. GOGGINS: Sam, do you have anything to add? MR. McCULLOUGH: Actually, yes I do. The agricultural industries are actually in the case of the fishery industry, which we are really just getting at here. There are many different things that go on other than the actual harvesting of the shellfish or the growing of the crops that complete the whole picture and contribute to the industry to give you a marketable product. You can't just grow things on your farm and, some people have farm stands, but then they got parking, they got retail and they have got their own collection of regulations that they have to go through. But to have a viable industry, there are many things that go on other than the actual production. And they are all related to the production that sells the crop, but they are not necessarily growing. It is all part of the farming business. We couldn't just grow wine grapes out here and sell grapes elsewhere. The cost of real estate is too high, we have to make wine. And over the years, we have been working on a system thereby we sell along with the community and make wine. We can sell our wine. We can make wine for other people, we can do of these things that are contained in their own code. This is something that has been quite well addressed. It is a Page 45 Public Hearing Southold ZBA 6/4/92 MR. McCULLOUGH (con't.): relatively a new industry that has been established by people who have lots of energy, lots of money, tots of ambition to come down and hash out the problems that they needed to solve, so that we could have'a ~iable industry. And ~iLt is working well. Some o~' these older inclustries, people, you know, a hundred years ago were growing potatoes or they were growing corn or they were catching fish. And everybody just did it the way it was done because that was how you did it. It is a great circular argument and... CHAIRMAN GOEHRINGER: That is the reason why we are here, Sam. that is the whole interest in general okay. The creation of the Special permit for the winery, okay, was something that was required by the wine industry, prior to them actually really getting a foothold in Southold Town. And MR. McCULLOUGH: It would be silly to make that type of investment and not know if you are really going to be able to turn it into a profitable business. CHAIRMAN GOEHRINGER: Well, there are other things that the wine industry is asking for, similar to what exists in Napa Valley and in other areas, okay. But this Town has not been willing, and I am not talking for the Town, I am talking about being a member of that committee when we first met with you gentlemen. MR. McCULLOUGH: I am not up here to lobby for the wine industry. CHAIRMAN GOEHRINGER: I know you are not... MR. McCULLOUGH: There are a lot of other people to do that. CHAIRMAN GOEHRINGER: that far at least. Right, but I am just saying that we have gone MR. McCULLOUGH: But these different agencies, they all involve lot more than the actuai act of growing or the act of catching something. The support that needs to be there also. And that is part of a viable industry, without it, the industry is gone. a (tape changed) CHAIRMAN GOEHRINGER: Any other testimony we can .... MR. GOGGINS: No, there is no other testimony, other than a closing statement after Mr. Flynn speaks. CHAIRMAN GOEHRINGER: Yes, Mr. Carlson you want to talk. MR. CARLSON: Yes. I would like to say a few things. CHAIRMAN GOEHRINGER: Just again, remember you are under oath from a prior hearing andstate your name for the record again. Page 46 Public Hearing Southold ZBA 6/4/92 MR. CLAUDE CARLSON: Claude Carlson. There is a few little points, that was talked about here tonight that I would like to bring forth. One thing that was talked about here earlier was, they talked a lot about potatoes, but there is also vegetables and different types of MR. CARLSON (con't.):things they were doing. I would just like to make a point that a lot of the vegetables are not actually cut and processed or like taken from a grape to wine, all they do is trim and packaged to be marketable. We do the same thing with our shelifish, we deshell them instead of trimming them. We still sort them and so forth. We do exactly, in comparison, you could say some vegetables are handled the same way shellfish are handled, except that instead of taking the leaf off, we are taking the shell off. One, another point that was made here, is that, before we started taking the conches, for instance, out of the sheli, we used to try to sell them in the shell, same as they were as potatoes, but we came across the same problem. The market price would be flooded out and instead of .... We would get three or four dollars ($3.00 or $4.00) a bushel for the conches we sell, ship them in the shell, compared to fifteen ($15.00) a bushel by the time we took the meats out of the shell. And that was the same type of idea that farmers have problems with the potatoes and other crops where they can't just flood the market with them all at once. They need to package them, put them in storage, whether it is a freezer or wherever it may be and hold them so that they can dole them out and keep a decent reasonable return for the fisherman if he sells. I spent a little time in last month, I went and visited a few local farmers to get an idea what some of the farmers here were doing compared to what we are doing. And most of everything has been said here tonight, I don't want to rehash it, but one point I did want to make, that I noticed, that came to my mind, was that a lot of the farmers that are farming, and packaging, and marketing a product, farm product, whatever, the same as we are trying to do with a shellfish. The only difference, the only real difference I noticed was that they are using their small family operations, many of them, the same as ours is, but the only outside influx of people that they are dealing with are laborers which they hire to work on their farms. And the difference being with us, is that we don't hire other people outside of our fanfily. Our family runs our own business. The other people we deal with our local Town fishermen, that are residents here that we are trying to work with to help out. It is not like we are bringing in outsiders. We are trying to help the local people, as we are trying to help ourselves. And, one other little point I have here that, I don't know if it has been mentioned is that, when you harvest a product, I personally don't see where it makes any difference whether you are harvesting it out of the ground or out of the sea. You know, we are still harvesting a product. We are fortunate to have a public resource here, where we can go out and have that land available to us, that out on the water land, to harvest out products, without having to lease it. There are leased bay bottoms in this bay that are taxed. And there are clam farmers that are using those bay bottoms. They are actually clamming, you know, farming clams, on a leased bottom, but I don't want to get into that because we would rather see it remain as public domain anyhow. CHAIRMAN GOEHRINGER: Can I ask you a question Claude? Page 4? Public Hearing Southold ZBA 6/4/92 MR. CARLSON: Sure. CHAIRMAN GOEHRINGER: It appears that retail operation and you are renting a building that correct? your now getting into a on the Main Road, is MR. CARLSON: That is correct. This has nothing to do with our business that we are doing now. This is a small retail shop that I am setting up for my wife and my mother-in-law to run in the summer season. CHAIRMAN GOEHRINGER: What are you doing. You are buying the wholesale to place in there. Anything you can't... MR. CARLSON: I am buying wholesale lobsters from myself and, know, from my father's and my business and I will be buying local fish and some of the local fishermen I already deal with. I am going to sell in there. And I am buying local vegetables from local farmers and just having fresh seafood, live lobsters and local vegetables that I am selling as kind of an indoor/outdoor market. It is not actually a fish market. It is more a combination, but it has nothing to do with what we are talking about here. This is separate shop that I set up for a separate reason, to try to help out the situation. you stuff MR. CARLSON: Well, .... CHAIRMAN GOEHRINGER: I don't want to put you on the spot, but... MR. CARLSON: It is a tough question on the spot because it has a lot of money poured into it over the years, as things have been refined to make things better and simpler for us. Between pickup truck that we use to go the the dumps that we built into a little dump truck and the cost of the coolers and freezers and maintenance on the equipment. Since we have been $here, you know, I figure it to be anywhere from fifty to one hundred thousand dollars ($50 to $100,000.00). I would have to sit down and try to figure it out. I mean probably closer to one hundred thousand dollars ($100,000.00) that we have invested to set ourselves up to where we are at this point now. CHAIRMAN GOEHRINGER: How would you categorize your business on the scale of a ma and pa operation? MR. CARLSON: Well, I am the only employee on the payroll. My father takes care of the books and helps out. The business helps pay some of the bills--light bills, and phones bills that we are allowed to use for our accountant set up. My brother, Bret, on the back here, he works for us part-time, helps me to do some delivering. Then when my son, Duanne, do the conch shucking. My wife was helping doing the bookkeeping, but she has been forced in the last year to find an outside job because we had a tough time, loosing our scallops and.. Basically, this year has been a very poor lobster year, at this point. CHAIRMAN GOEHRINGER: The other question is, what you do think that the whole conch operation costs in reference to setting it up. That is those bins that you have that you boil them in and so on and so forth. Page 48 Public Hearing Southold ZBA 6/4/92 MR. CARLSON (con't.): The only thing that seems to be fairly consistent this year, which is a little fortunate for us, is the conches are holding up. CHAIRMAN GOEHRINGER: Who opened the scallops? MR.CARLSON: We are not in the big business. We are a small family business, the only outside employees are a few women and older guys that come over and open scallops for us in the fall. I think that is about it. I just want to take a quick look and see if I missed anything. Yea, I have one question back to you guys. In the discussions here tonight when things were mentioned about some farmers are still farming crops and some aren't. When does a farmer stop becoming a farmer? You know, if he stops planting crops, does that make him no longer a farmer? If he is still running a farm operation, packing and marketing? , CHAIRMAN GOEHRINGER: That is an interesting point. I had discussion briefly with Mr. Krupski over on Northville Tpke. about that because, this is Riverhead, of course. He, of course, rents his farm for the sole purpose of sodding it. And he is a part owner of Riverhead Building Supply and he does use the barns for storage of lumber, okay. And, it is very interesting question. I can't answer that. I don't know when a farmer stops being a farmer. To my left, I have a gentleman that has been on this Board for thirty-five (35) years and the first question I asked him when he walked in the door tonight, okay, are you planting anything Charlie? And he said yes. So, I don't think a farmer ever stops becoming a farmer. To be honest with you. And I am not a farmer and I can't answer that question, but that is just my opinion. a MR. CARLSON: That is the point I want to make .... CHAIRMAN GOEHRINGER: When Henry was up here, Claude, Henry's is growing sod, okay. It is still a farm operation, okay. It is the same situation. I really don't think they ever stop becoming farmers, really. Even if you have your own garden. father MR. CARLSON: Well, that is the point I'm trying to make with us. With the agriculture and aquaculture comparison. I still fish, you know, just because my father doesn't. It doesn't mean he isn't a fisherman anymore, just because he is involved in our family business, still the same as someone else maybe that is doing farm operation. I am just trying to give a comparison. That is about all I can say, I think. Thank you. CHAIRMAN GOEHRINGER: Thank you. Hke to speak in favor of this application, sir? Have you spoke before? Is there anybody else who yes. How are you tonight would MR. STEVE LATSON: Yes, I am Steve Latson. CHAIRMAN GOEHRINGER: You are still under oath Steve. Page 49 Public Hearing Southold ZBA 6/4/92 MR. LATSON: I just wanted to make to clear as a fisherman that it is totally unnecessary to shuck scallops, to make them marketable. I am sure that that is clear, but I don't know if it was on the record. And the conches really, if you are going to get any money for them, you MR. LATSON (con't):have to process them this way, otherwise you couldn't make any moneyin the conch business. That is it. It is the only way you can have a marketable product. Thank you. CHAIRMAN GOEHRINGER: Thank you. Anybody else? Seeing no hands, will go on to the opposition. Is there anybody like to speak against this application? Yes, Mr. Flynn. we MR. F.M.FLYNN: I am F.M. Flynn, resident of Southold, and I am under oath. Prior to making any remarks directly pertinent to this, I would like to clarify a situation which has arisen. Apparently, Mr. Morailion has been criticized for his lack of attendance at these meetings. This is not by choice. Mr. Morailion has probably never informed the Board, but he is an official of the French Government. He is in charge of an office in New York and his position entails international travel. Since this hearings have been held, to my personal knowledge, he has been back to Europe several times. He has been to China, he has been the West Coast and currently, as of this evening, he is meeting in Geneva, in Switzerland at a conference. So, as he informed me, it certainly is not a matter of a choice with him. When he is in New York, in effect of saying, is at fault. But, he has also informed me that he expects that this matter will be decided in accordance with the requirements of the Town Code and legal precedence, or he reserves his options to proceed in his own interest as his attorneys may advise. Now, with respect to this situation... CHAIRMAN GOEHRINGER: Can I just answer that. I came back Virginia, which is the first trip I have taken in fourteen (14) months, a matter of three (3) days, my daughter having almost a near head-on collision down there in another vehicle. Seeing in the newspaper, a letter from this gentleman, okay. Somewhat of a rhetorical letter, alright. And I felt I had to answer it. And I did so, and I did so on the spur of the moment because of course, as you know, there is a time limits for the newspapers, when they go to press and so on and so forth. I am telling you as I stand before you and you have stood before me and I respect my elders, as I always have, Mr. Flynn, that I will cordially invite this gentleman to this hearing and extend this hearing for him. And I want you to call him. I don't care where he is in the World, okay. I want him here. If he wants to come, okay. from MR. FLYNN: Well, obviously, I can't no idea where he is staying in Geneva. I would certainly convey that to him. contact him in Geneva. I have When he comes back to New York, CHAIRMAN GOEHRINGER: You have two weeks .... MR. FLYNN: You can't tell me I have two weeks .... Page 50 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: I didn't say you have two weeks, no. We are going to reconvene this hearing on the 30th of June for his exclusive use, if he wants to be here, okay. I am going to make that motion to the Board tonight. If he is available, we will calendar the hearing, we have exactly two (2) hearings on that night. And I know you will be CHAIRMAN GOEHRINGER (con't.):here, because the hearing across from your property will be on, okay. Down on... And I cordially invite him to speak at this hearing, alright. Yes MR. CARLSON: He was just out here. CHAIRMAN GOEHRINGER: Okay, so, that is it. That is all I can do for the gentleman, I can't do anything else, all right. I have answered him in the newspaper, and I respectfully, cordially invite him and that is all I can do, okay. We will reconvene this hearing, hopefully for only rebuttal from Mr. Goggins and we will let him address the Board. And if any members of the family, we would hope that they would reflect their opinions during the hearing to Mr. Goggins, and then we will close the hearing at that point. If that is airight with you. If he doesn't come and Mr. Goggins will come, we will close the hearing, and that is the end of it. MR. FLYNN: Well, I would like to say something in respect to this, if I may continue. CHAIRMAN GOEHRINGER: Yes. MR. FLYNN: What I am really concerned with, there have been so many changes and convolutions in this application, that I am not sure that I am... I really understand the problem at the moment. As I understand it, what's being discussed is at least one question before the Board, mainly, it is now maintained that aquaculture and agriculture are synonymous terms. Is that correct? CHAIRMAN GOEHRINGER: That is not correct. That is exactly they are asking us to interpret, if they are synonymous terms, okay. We have not made any determination... what MR. FLYNN: That is an issue before the Board.. CHAIRMAN GOEHRINGER: That is the issue before the Board, the only issue, to my knowledge, before the Board. MR. FLYNN: Well, I would say that possibly there is a secondary issue. CHAIRMAN GOEHRINGER: What is that. MR. FLYNN: Even were this considered agriculture, which I would consider to beyond the stretch of the imagination, there is still a question of whether this constitutes a business. And if so, whether a variance is required. Page 51 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: I don't think that we are to that point. Okay, on this particular piece of property, alright. If we were to that point, I would ask other questions, airight. Mm. FLYNN: Yea, okay, with respect to this question of agriculture and aquacul.ture, I think this a question of pure pure to maintain that they are in anyway related. I think the difference to the fishing industry, this might be well called a "Red Herring" issue. Either entails cultivation and growth of a product and obviously the product in one instance is the product of the land and the other of the sea. The Town Code is very clear as to what constitutes agriculture. With respect to its definitions in 100-13 and also with respect to the uses as provided for in an AC district. There is, of course, provision for aquaculture use in an entirely different zoning district. Now, what is, the latest business as I understand it, is that the application is for a wholesale distributorship. And the distributorship entails the distribution to a broader market of products not produced on the property. In effect, the distributor is a middleman. One who sells something produced on the property is a producer or a manufacturer, not a distributor. And, of course, the wholesale implies sales to retailers and not to consumers. Now, it is obvious that the intent here is to import products to be processed on the property that are not produced on the property. And is such would be in conflict with the Town Code. Now, in my opinion, this entails a variance. And then we get to the usual question, one has received a lot of local, recent emphasis's, Steinhilber, Otto vs. Steinhilber, involving return on an investment. And I may not be exactly right on this, but I believe the investment in the property, at the time it was purchased in 1980 was $40,000.00. And, as a permitted use, I am certain that the property, even in today's depressed market, could be sold for in excess of the purchase price of $40,000.00. Now, there is something that I would also like to question the Board rather quickly on. There is a Suffolk County Local Law, I think it is either 30 or 33, filed in 1988, a copy of which I found in the file. And I don't know whether the Board places any reliance on this local law, but a careful reading of the law indicates that while its intent is to l~rotect fisheries in Suffolk County, it is only to protect them against developments which arrive later on the scene, than an existing fishery and not the reverse. Now, with respect to this entire application procedure, we have had advanced to the Board the various submissions and comments that deviate from the truth, to phrase it rather mildly. We have heard here that prior to the applicant's purchase of the property in 1980, that as tenants they were involved in a fish processing business. Now, I find it highly significant that the purchase money mortgage drawn up by the grantor as mortgagee, states a rather unusual, it contains a rather unusual paragraph, where it says that the property is improved only by a dwelling. And I call this to the attention to the Board, inception of this. Now, the grantee or the mortgagor signed that purchase money mortgage and it believes to that fact as of that time theproperty was improved only by a dwelling. So all this comment about the prior use of the property and the evolution of the business is in direct conflict with the acknowledged signature on that mortgage. Page 52 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: That may be the ease sir. We are not here to test that issue. I just want to mention this to you, okay. That I am not an attorney and I don't ever purport to be anything near an attorney, okay. But there are times when there are non-conforming uses on property, okay, that restate all of those things that you just said, alright. In this particular case... MR. FLYNN: I don't agree sir. CHAIRMAN GOEHRINGER: I don't care if you don't agree, okay. gentleman sitting right next to me has told us that his mother, his mother bought scallops at that site, x-amount of years ago. And we could probably narrow those years of when she bought those scallops. Based upon his age, and his wisdom. So, what you are saying is fine for the record, but so far as I am concerned it does not hold a significant amount of credence. You can continue. I just, I want to restate that, okay. And I have heard -- I know you said that before-- But, go ahead. MR. FLYNN: Well, obviously I disagree for the simple reason that there was an intent in introducing that into the purchase money mortgage. Now, with respect to certain other things here. We also have mentioned that in the course of the evolution of this property, the Building Dept. and the Assessment Dept. saw the three-fold expansion of this property. At no time, did they note to anybody in the Town administration, to the best of what I have been able to find out, that the property was used for other than residential purposes. As a matter of fact, the property was carried on in the assessment records for years as a one-family dwelling and the improvements were carried as a garage. Now, that brings up an ancillary question that I am not qualified to answer, but it might be worthy of investigation, mainly whether this garage type building is adequate under the State building code for its present use. And the final comment I have to make with respect to, and this was testified I believe under oath, the question of odors from the property. And the question of Mr. Moraillon's letter which precipitated, I believe, your answer, where he referred to the police reports that we closed in the file here. Now, a careful reading of those reports indicated that these were not unfounded complaints, but rather that the Police Dept. saw enough merit in them in the production of obnoxious odors to forward them to the pertinent Town authorities for action. Well, that is essentially what I had come prepared to say. The CHAIRMAN GOEHRINGE: All I said in my letter was that they were in the file and we were aware of them. That was basically the situation. MR. FLYNN: But, I think he was saying, and I cannot speak for him, but a question arose in my mind that if they were in the file and people are testifying under oath that there was no omission of obnoxious odors, a severe question of credibility has arisen. Now, with respect to, and this is, just probably take a moment, some of the remarks that I just jotted down here, the real confusion here, as I see it, is an attempt to equate agriculture and aquaculture, which are two divergent occupations and have been historically. And I believe I Page 53 Public Hearing Southold ZBA 6/4/92 MR. FLYNN (c0n't.): ~eard essentially that potatoes were unchanged in character, despite the process they went through, when they were eventually packaged for shipment. The question of treating these potatoes on premises where they were not produced was sort of skirted as a question of questionnable legality. And one of the last statements made here was to the effect that was not the advisable thing. To inform the authorities of somebody who might be processing potatoes illegally on a MR. FLYNN (con't.):half acre plot. Even though I don't conceive the relationship of potatoes to seafood, the question arises is that very much different and, one of the gentleman here raised a question as well, as to the size of this plot. Now this plot is one-acre in area. It would certainly has hearing on both the noise and odors eminating from it, the type of odor and its relationship to something that may possibly be of a lesser nature, but eminating from a much larger property. Now, also, the word, was employed by, I believe, everybody testified here at least one time or another, that there was a business being conducted on this property. If there is a business, it is my contention that it requires a variance to conduct this business as I mentioned before. And, essentially, I believe that summarizes what I would have to say on the subject. I shall make every attempt to contact Mr. Moraillon, but obviously I don't know how long he is going to be in Europe, nor do I have any direct means of communication with him. So, if he is available, I will see to it .... CHAIRMAN GOEHRINGER: I don't mean to put you on the spot reference to requesting him to be here, however, he did inform us that he was not going to be here. I just would like you to mention to him that we are aware that there are odors eminating from these, from the use of these buildings, not necessarily this one, but all buildings that are in this particular realm. And that the nature of him testifying at this particular hearing, I don't think necessarily has to couch that issue, okay. Because we are aware of it. There is no question about it, alright. I would just like to have him an opportunity to testify, if he so wants to and, you know, I am extending it for that particular reason. MR. FLYNN: I will certainly convey that to him. And my final comment is that it must be apparent to everybody here that ever read the Code, that the emission of noxious odors is a prohibited use in any zoning category in the Town of Southold. If we are conceding that we do have obnoxious odors, I don't see that there is any question... CHAIRMAN GOEHRINGER: I am not conceding to anything. I am saying to you that I am aware that things smell. And that is it. And whatever, to whatever degree they do, would have to be determined at the time that they were doing it. Synonymous with the new law that exists in the Village of Greenport, where they have not purchased decibel readers, okay, to check the noise that is eminating from certain areas that exist on the docks down there. It is the same situation, okay. You got to be there at the time, you got to check it, and there has to be an evaluation for checking. just MR. FLYNN: Well, except for one thing, I don't want to prolong this any longer than is absolutely necessary, but you have the dispassionate Page 54 Public Hearing Southold ZBA 6/4/92 MR. FLYNN (con't]: wlLne~ u~d Lhe persons of the police reported on this to the Town. They were called because they were obnoxious odors, they admitted that they were, and felt that this was beyond their enforcement power and submitted their reports to the Town for enforcement. Thank you. CHAIRMAN GOEHRINGER: Thank you. Mr. Goggins? MR. GOGGINS: Just a rebuttal to some of Mr. Flynn's statements. Police reports are really allegations, and in our Country you are innocent until proven guilty. And that is why we have courts. So, attacking credibility of people at these hearings, is improper. It really shouldn't be done. When you go to court and have a fair hearing, and it is determined who is telling the truth and who isn't, police reports are merely allegations and that is all they are. With respect to a mortgage that you referred to being fraudulent at the last hearing, whenever you file a mortgage, you have to put in it, whether it is improved or not improved by a dwelling. You can't file a mortgage unless you do it. So, again, it is irrelevant at the hearing tonight. Thirdly, we are here basically just for the interpretation here of it. We are not here for a variance or anything else. After hearing Mr. Flynn's comments at the last hearing in regards to his definitions of agriculture and so forth. I think it is important for the Board to know that whenever two (2) people have an agreement, let us say to do something, to buy a business or whatever, they will define terms. And if they define a term called default, and they define it as being whatever, than that definition is controlling in that agreement. No matter what Webster says, no matter what Black's Law Dictionary says, no matter Wilbur Wilson says, it is all, it doesn't matter, it is only according to that agreement. And the same thing with law. When they codify laws, when they set forth definitions, the definitions control. In our code, we have section 100-30 and it defines agriculture, okay. And in it, I have a copy here, and I am sure you have read it tonight and so forth. I was reading it, the definition is the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man including but not limited to, etc. So, I read animals, and I said what is an animal, so I went to the Code to find the definition of an animal and I couldn't find it. Now, we are at a point where there is an interpretation of what animal is because it is not defined. So, I went to the dictionary at that point, it is not in the Code. And the dictionary stated that an animal is any living being capable of sensation and the power of voluntary motion, distinguished from plants. So then I said to myself, what is a living being, there is no, there is nothing in the dictionary defined as a living being. So I went to living and it is something that is alive and I went to being and it is something that exists. So, so really seafood, shellfish, it is an animal, it can be interpreted as an animal. And, as agricniture is defined here, it states animal use. And I think that is the point where we can say yes, shellfish can be seen as agriculture use. That is the legal point I wanted to bring home. CHAIRMAN GOEHRINGER: It is an interesting point. Page 57 Public Hearing Southold ZBA 6/4/92 MR. CARLSON: I would have been glad to ask either or of the two that were there the day when they both came, to come down here, but I thought limited this tonight to the ..... CHAIRMAN GOEHRINGER: We did. It is a little premature. MR. CARLSON: Mr. FIynn brought up a lot of points, I would have like to respond to, but we have already been through that, but I did want to answer this last one. CHAIRMAN GOEHRINGER: No problem. Thank you. MR. CARLSON: Thank you. CHAIRMAN GOEHRINGER: Hearing no further comment, I make a motion recessing this until the last meeting in the month of June, preferably for comments only by a gentleman that is not available for the evening and for the attorney of the applicant to rebut anything that may or may not be said or any last minute things that might happen. Just those two people. Again, closing all portions of the record, we have heard the information that we were looking at... I will be honest with you, there is nothing mysterious to what we do. There is nothing. We don't stand up here and do anything, other than what we are suppose to do. And quite honestly, by the issue of what exists today in the agricultural district, there is a great similarity to what exists, in my opinion, and I am not forcing anybody to change there mind, or altering anybody's opinion, because I don't do that, okay. I just find a great similarity between agriculture and aquaculture. And that is just my opinion. I thank you ladies and gentlemen for your patience and safe home. ' Lorraine A. Miller (Transcribed by tapes recorded 6/4/92.) Page 55 Public Hearing Southold ZBA 6/4/92 MR. GOGGINS: It is. And, also, I ran across a case, and I have copies for the Board, and I have a copy for Mr. Flynn, should he want to look at it, and coincidentally, it involves a seafood business, distributing in the Town of Huntington, where this guy was distributing seafood in some district and the Town brought him to the Zoning Board of Appeals or whatever and the thing wasn't defined. Distribution business was never defined, so, they went to court and they said it was not defined and the court held, as a case. And the court MR. GOGGINS (con't.):held that since the Zoning Ordinance under review does not define distribution center and it is unclear precisely what is meant by these words, the resulting ambiguity must be resolved against the municipality and in favor of the petitioner. And, I saw that as being interesting too, because if the Town doesn't have enough definitions so that the people can see what they are doing and how it relates, then any question, any interpretation should be done in favor of the applicant and not in favor of preventing anything from going on in this situation. So, I wili hand up to the Board now, a copy of the case. It is a 1981 case. (Hands out copies to Board and Mr. Flynn.) There is one other point I want to bring up, was in reference to the Suffolk County Resolutions that Mr. Flynn brought up. And in right in it, I know, we all have copies of this resolution, and it states the purpose of this law is to reduce the loss to the County of its fishing resources by limiting the circumstances under which fishing and fish processing maybe deemed to be nuisance. So what they are saying is listen, we want, we don't want action, because it is ruining the industry. So, Suffolk County got together and said let us pass this law to abate these nuisance actions. And that is what this law is all about. It is not someone coming to the nuisance, you know, it is not like there is a shellfish distribution business that is eminating odors and they put a subdivision next to it. And the Town says well, the shellfish business is there first, so, they get to stay there, even though they smell. Or the opposite is that the subdivision, and then a seafood business goes next door, you know. It doesn't go in favor of the prior owners necessarily. And that is exactly what this law is saying. It is saying wait a second, we want to protect the fishing industry and that is why they passed it. You know, in my opinion, from reading the law. I know we all have copies of it. You have them on file right? CHAIRMAN GOEHRINGER: Yes. MR. GOGGINS: So, that is the last point I wanted to make, that Mr. Flynn's representation was a little bit misguided. CHAIRMAN GOEHRINGER: Are we close to the conch season these days? Are we getting in there or... MR. CARLSON: Yea, we are right in the middle of it. CHAIRMAN GOEHRINGER: We are right in the middle of it, okay. again, Claude, we could have invitation some time to come down when you are boiling these babies up? Okay. So~ Page 56 Public Hearing Southold ZBA 6/4/92 MR. CARLSON: We have been at regular, normal full production for the past four (4) weeks and no problems. CHAIRMAN GOEHRINGER: Well, we will stop down then sometime, if it is alright with you, and look at it again. MR. CARLSON: We are not doing it everyday just with weather and availability. If anybody wants to give us a call, we can tell you which days, you know, we will be working Wednesday, Thursday, or Friday MR. CARLSON (con't.):or not until Thursday or Friday, for instance. You can pick whatever day you want, but let us know that week, we will tell what days we will be in that operation. CHAIRMAN GOEHRINGER: Wonderful. Thank you. Yes. MR. FLYNN: If I may make a couple quick comments. With respect to the this locai law, my reading of it believes in part of the recent interpretation of it. Mainly that is was intended to protect the fishing industry for those sites utilized for that purpose that were established prior to the dwell of the surrounding properties, not subsequent. And that, of course, is not the situation here. Now, with respect to the purchase money mortgage, it is true that in many instances these mortgages do recite the improvements on the property. This particular mortgage cites a residential use only. Now, with respect to the allegations to the police department, I think these bear more weight than mere allegations. The Police didn't treat them as nuisances or crank summonses. They appeared, they believed that there was merit, or so I am informed, toward to the complaint. And infurtherance of that, submitted them to the Town administration. That is not the action I believe the Police Dept. takes in a complaint that has no merit. Thank you. CHAIRMAN GOEHRINGER: Thank you. Mr. Carlson. MR. CARLSON: I am sorry to drag this on, but I just got to say one more thing here after that. I was there when the Police came. I read the report afterwards. The Po]ice reports allegated nothing, except that they were called. They responded to a call, just the same as they did when they responded to a call because there was a band playing over there. Well, the Police report said that I saw, and I talked to the two (2) Police Officers that were there, in fact, I was standing in front of the barn, not two (2) feet in front of the barn with two (2) police officers the last time that Ted called them over there. And, they stood right there with me and they said we don't see any problem, we have to answer the call, we were told to come here to respond to a call, we are here. I said, weli, do you see anything that is a problem. They said no. So, I can't believe that he's or so he heard that there is something in the Police reports saying something, because if there is, I am unaware of it, and I was right there first hand. CHAIRMAN GOERHINGER: This may be a new first for the ZBA in future hearings on this particular matter here. And that is to ask one or two of those police officers to come down at the request of the Chief and ask them. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF WEDNESDAY, MARCH 25, 1992 Board Members Present: Chairman Gerard P. Goehringer Members: Doyen, Grigonis, Dinizio, Villa Linda Kowalski, ZBA Secretary and approximately 50 persons in the audience. Appeal #3975 Applicant (s): Arthur G. Carlson Location of Property: 1575 Lower Road, County Tax Map No.: 1000-69-04-23 Southold, NY The Chairman opened the hearing at 9:00 p.m. and read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the parcel, somewhere within the confines of this particular, and I won't direct that right now. We all know where it is. I have a copy of the site plan indicating the approximate placement of the two-story frame home. The area which concerns the seafood business and a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Mr. Goggins would like to be heard? MR. GOGGINS: Yes I would. Bill Goggins, associate of the law firm McNulty, Speiss, located at 633 East Main Street, Riverhead, NY. I am the attorney for the petitioner. The petitioner, as you know, is engaged in the business of packaging and distribution of locally produced aquatic products. Just as some of our local persons are engaged in the business of packaging and distributions of locally produced potatoes, cauliflower, corn and what have you. It is our position that the farmers of the water should be treated like farmers of the land in that they both create a product and market same. And we ask that the Board treat them both equally. Just as our local farmers reap their harvest and they bring their har- vest to a distributor, so must the fisherman. Farmers do not have the time or ability or resources to package, distribute or market their products, so they have a distributor and they use distribu- tors to get their products to market. A distributor in turn, distributes the product and the result is that the farmer gets paid a fair price for his harvest. There are storage facilities for farm products throughout the town, everywhere you look, you see a barn that stores potatoes or some guys who distribute the farm products out of town. And I believe all those facilities are in the A-C Districts. We ask that, just as our local fishermen farm the waters for ccnd~ scallops, and lobsters. They have to bring their harvest someplace too. And a lot of them bring their harvest to the petitioner!s place of business in trying to get a fair price. The farmers of the water, much like the farmers of the land, do not have the time, abilities, or resourceS to package and Page 2 Souhtold ZBA Public Hearing--Carlson MR. GOGGINS (con't.) : distribute their product. Mr. Carlson's operation is a necessary means by which by farmers of the water can maintain their livelihood. Just as the packaging and dis- tribution operations of the land farm products are a necessary means by which the farmers of the land can maintain their liveli- hood. It became apparant to me upon reviewing all the papers, that a main objection to residents of town in the local residence is the fact that there are offensive odors in the area or a poss- ibility of offensive odors. On the issue of offensive odors ,I have three (3) points to make. One (1) is that when any perish- able product is improperly handled or maintained, odors will re- sult. Growing up and even today, during the late fall you drive by a over ripe cauliflower field, by God, it stinks. It is the worst possible stench you can imagine and I am sure we are all familiar with that type of smell. And the same thing with stored potatoes. Stored potatoes that are exposed to water for a long period of time have a bad odor to them. However, no offensive odors eminate from properly stored potatoes. No offensive odors eminate from mishandled cabbage or cauliflower. And no offensive odors eminate from properly processed seafood. And I would like to point out that Mr. Carlson's operation is properly run and handled properly and it is a clean operation. I know members of the Board have been to the operation and have seen it and can attest to the fact that it is a properly run operation and a clean operation. The second (2) point I would like to make, is that the New York Department of Agriculture and Markets issued Mr. Carlson a food processing license. The Department makes periodic inspections, the subject of these inspections are pri- marily sanitary in nature. Also the New York State Deapartment of Environmental Conservation, the infamous DEC, issued a permit to Mr. Carlson to operate his business. Mr. Carlson runs a clean business, a sanitary business, an odorless business. And the third (3) point I would like to make is that the Suffolk County Legislature in 1988 passed a local law which the purpose of which, and I have copies here, the purpose of which was to reduce the laws to the County of its fishing operations, by limiting the circumstances under which fishing and fish processing may be deem- ed a nuisance. And the Legislature's intent of this resolution was to and I quote "of primarily used to keep commercial fish processing operations which are sometimes forced to cease to operate to continue to operate." And what it does, it makes it so that a fish operation shall not be subject to a public nuisance action. And I have copies of the law here that I will hand out to the members of the Board right now. CHAIRMAN GOEHRINGER: Mr. Goggins, I apologize, I didn't swear you in in the beginning of this hearing and I hope that everything you are telling us is the truth to the best of your knowledge. MR. GOGGINS: To the best of my knowledge. Any misquotes I made in relation to the Local Law # 30 of 1988 can be corrected, sir. The copy that I have submitted to the Board right now. That is all I have as far as the offensive odors are concerned. don't think there is any credible evidence that has been pre- sented that there are odors eminating from this processing I Page 3 Southold ZBA Publick Hearing--Carlson MR. GOGGINS (con't.); operation and in fact I believe there are no offensive odors eminating from it. As far as the treatment of the people in the fishing industry to be treated equally as farmers, I have a letter, I believe you have it in your file, I guess you can make it part of the record, is a November 23, 1990 correspondence from the Board of the Town Trustees. In it, I guess it is a letter from John M Bredemeyer to Scott Harris, and I couldn't put it better then he did. And in the letter he states the Trustees are of the conscience consensus that mariculture and agriculture operation should be given similar status as agricul- ture in Southold Town. Specifically the culture of beneficial aquatic and marine organisms in upland areas should be afforded a similar code of protection as agriculture currently enjoys. With respect to the sale or distribution of any locally produced marine or aquatic products, the Trustees believe that historically run operations which are completely enclosed in a building should be grand- fathered and permitted to continue in all zoning districts. With respect to new operations to sale and distribution of marine or aquatic products, the Trustees believe that the tenor of the Zoning Code should be liberal towards their existence with require- ment that operations be covered, have proper parking and abate nuisances properly. As I said, I couldn't have put it more sincintly. There is a need to treat the fisherman and people in the fishing industry as liberly as the farmers are treated in this Town. Mariculture and aquatic culture should be afforded the same status and agriculture in that they should be interprited to mean the same. This application is made in logic commen sense and in spirit of the proper treatment by the Town by residents of the community that farm the water. The County has taken steps to help seafood processing and I believe the Town should take steps helping it. And I don't see a great difference between farming the water and farming the land, as a big difference in distribu- ting and processing seafood, as distributing and processing farm products. That is all I have to say tonight. I believe there are other people who will talk for this application. CHAIRMAN GOEHRINGER: My only question to you is I have a question to ask and I don't know if you can answer it and I would like you to come back before the completion of this hearing tonight. I would like you to compare the Carlson operation to that of a person harvesting and storing potatoes and possibly to a person who is taking those potatoes and doing something with them. Okay that is the cleaning, scrubbing, and bagging of those potatoes, which is about the greatest degree that a farmer deals with. I can tell you for a fact that, that the Romanowski farm, when it was in operation in Laurel, that is exactly what they did do. And the Romanowski's not only a fellow Lions member of mine and a friend of mine and that is what he did in that barn. And I would like you to prepare that either through one of the Carlsons who are here or yourself, prior to the completion of this hearing. MR. GOGGINS: Okay, if I can. to reserve to the end of all spoken. Thank you. Any other questions, I would like the peoples in this court room have Page 4 Southold ZBA Public Hearing--Carlson CHAIRMAN GOEHRINGER: Ladies and gentlemen of the audience, we have, as you know it is really up to me as Chair person of this organization of this Board and I have been so empowered by the Town Board to do stuff, to swear people in from time to time. There has been hearsay concerning this operation throughout the And I have all intentions of doing that to- night and I have all intentions of telling people when I feel they have over stepped their bounds and records to statements that are being made. So in no way, I am completely impartial tonight on this particular application and I just wanted you to be aware of that. So now I ask anybody to speak in favor of this appli- cation to kindly raise your hand and step to the mike and state and your name and be prepared to be sworn in. Mr. Carlson do you solemly swear, raise you right hand sir, solemly swear that the information you are about to give us is the truth to the best of you knowledge. MR. CARLSOn: Yes. CHARIMAN GOEHRINGER: For the record this is Arthur J. Carlson. Go ahead. MR. A. CARLSON: Is this thing working? CHAIRMAN GOEHRINGER: To my knowledge it is. MR. A. CARLSON: Mr. Goehringer, Board members and interested ladies and gentlemen. My name is Arthur Carlson and I would like to take a few mintues of your time to speak about the purpose of this hearing. I have lived in Town, Southold Township for 54 years and there are currently four (4) generations of my family living in the Township. My son and I run a small family wholesale sea- food business on my property for almost 20 years. We keep the property clean, there are no run down buildings, no rusted cars or machinery or useless pieces of equipment lying around. People have been misinformed and here say that my intentions are~to expand are unfounded and completely false. The pending hearing is taking place because ode of my neighbors filed an official complaint stating persistent loud noise, heavy traffic and odors. Several members of your own Board, the Town Board and other officials have visited the property both during working and non-working hours. All visits are on this violation to be non-existing. We own only a small pick-up truck and one van. These two vehicles and an occasional bayman constitute all of our traffic. This is very little compared to the busy medical offices only one block away. The odor has never been a serious problem. We have in- stalled a large exhaust fan at the peak of the large barn to exhaust steam out of the high point, therefore, eliminating any possible odor problems. The barns and surrounding work areas are scrubbed and disinfected after every work day. We are duly licensed and regularly inspected by both Kew York State Dept. of Envir- onmental Conservation and the Department of Agriculture. We have never been sited for violation by either deparment. Our well water samples tested every year, as per the request of the above Page 5 Southold ZBA Public Hearing--Carlson MR. A. CARLSON (CON'T.): mentioned departments. The seafood we process and package is produced locally by Southold Town Bay- men. It is then sold and delivered to markets outside the South- old Town area. This subject quantity brings in new money to circulate within the economy of Southold. We feel that we provide a great service to the Baymen which has meant so much to this Town and to the Town itself. I consider this to be a nuisance complaint. because both the initial and follow up complaints were submitted by a person who has an ongoing verbal confrontation with a member of my family. This is his way of attempting to get even. I have drafted a letter having signatures of 14 (fourteen) occupants constituting 5 (five) of the 7 (seven) neighboring homes, presiding within one block of my property on both Ackerly Pond Lane and Lower Road. The signatures testify that they see absolutely no basis of the alledged violations. Copies are available. It was cause great hardship on both myself and my family as well as the baymen who bring their catches to me and that this petition being denied. Thank you for your time.. CHAIRM~N GOEHRINGER: Before you leave tonight. We are going to brick out everything tonight. My understanding that one of the natures or the nature of this application was not necessarily your business, it was your son playing in a band or a band playing in your house, or loud music eminating from your house. Is there any truth to that? MR. A. CARLSON: That happened but one time back a while, yes. CHAIRMAN GOEHRINGER: Okay. Could that have been the same that this ... MR. CARLSON: Very possible. CHAIRMAN GOEHRINGER: That is the only question I have sir. you sir. Thank MR. A. CARLSON: That is different They practice in Riverhead now. They chased them out of Southold. CHAIRMAN GOEHRINGER: Thank you Mr. Carlson. I belived the gentle- men over on my left hand side there with the blue sweater. Again sir, would you state your name and raise your hand. .MR. FLAT: My name is Charles Flat. CHAIRMAN GOEHRINGER: Raise your hand. It is getting late and I apologize. Do you solemnly that the information you are about to give us is the truth to the best of your knowledge. MR. FLAT: Yes sir. CHAIRMAN GOEHRINGER: Thank you. Page 6 Southold ZBA Public Hearing--Carlson MR. FLAT: My name is Charles Flat. And I live on the corner of Lower Road and Ackerly Pond in an antique house similar to Sandy's. I know Sandy, I have been to his house. Oh I also make wine for a living. I feel that Sandy and I are in similar businesses that we farm and process. I have a very good feeling about what Sandy does at his house. I have been there, both during working hours and during non-working hours. I have never smelt anything. I have never seen anything, this is from the heart. I have never smelt anything, never. I did get the best scallops in my life for lunch one day. I hear no noise what-so- ever and I see no more traffic than any of us have here on Eastern Long Island. And I think what Sandy does is a good thing, a wholesome thing and I am proud to have him as a neighbor. CHAIRMAN GOEHRINGER: Thank you sir. Mrs. Latson. Again do you solemnly swear that the information you are about to give us is the truth to the best of your knowledge. MRS. LATSON: I do. CHAIRMAN GOEHRINGER: Thank you. MRS. LATSON: Members of the Board, I am hear to speak both on a personal basis as having known Sandy Carlson for approximately 15 (fifteen) years. Also as a wife of a bayman and also as a prior member of Southold Town government. When I first moved to Southold about 15 (fifteen) years ago, Sandy Carlson's name was really sinomenous with shell fishing. He has employed my brother- in-law. He has provided a service to the bayman, which I was aware of many years ago before I became a wife of a bayman, and in that time, I have had the opportunity to go to Sandy Carlson's operation on many ocassions. I have always seen in very well run, things are always unloaded immediately. They are opened properly they are washed down every night, they are refrigerated. The baymen are paid for what they drop off at a set price. And the product is shipped out and it is shipped out immediately. Sandy provides a service both for scalloping, for conching, and for lobsters. And it is a small family run operation. And it would be an incrediable hardship if suddenly there was no place for local bayman, who do lobster, to bring their lobster or to bring their conch. There is no where around here other than Sandy's place that you can bring conch especially. I was on the Town Board when the zoning code was approved and prior to my tenure on the Town Board there was a lot ofdiscussion about it for many years. Many people, who had, what would be considered a non- conforming use, came before the Town Board, pleaded their case and were granted zone changes to allow the use of their property. Sandy Carlson never received a notice that his property was non- conforming. The Building Department had issued permits for him to put the various sheds that he has there, and in the past, he has done everything legally to the best of his ability and to the best of his knowledge as a common, as a working person in the Town of Southold. So unfortunately, when the Zoning Code was passed, Sandy became a non-conforming use. Had he been informed or come into the Town Board ahead of time and explained the cir- cumstances perhaps the 'zoning could have been set to allow him to Page 7 Southold ZBA 3/25/92 Public Hearing--Carlson MRS. LATSON (con't.): be in business today. But we can look throughout the Town, and we can see many cases of such, what is called spot zoning, to allow an existing business to stay in business. And that is my third point. The economy is rough out there. I have been looking for a job. You know I never so called built a nest while I was in political office. And it is tough. A lot of people are not working. And a lot of people are complaining about taxes, complaining about the school taxes, complaining about the Town taxes and these are people, all of these men, who have families and children who own their own homes, who are working and contributing to the tax base in Southold Town. And you can't take away a man's rights to his livelihood. You can't take away 20 (twenty) years of investment that someone has put in, in a small business. Sandy Carlson isn't a millionaire, the people that come to his business and sell their produce there, they are not millionaires, they are not wealthy people, they are not powerful people. They are looking to live in Southold Town and work in Southold Town and what is thought to be a traditional industry. An industry that we, you as government officials, should be pro- moting, should be insuring that the integrity of these types of business are able to exist in the future. And you hold a lot of power in your hands. You can make or break peoples lives. So I am asking that this Board in its compassion and its wisdom to look on the operation of a small scale, shell fish packager, who is providing livelihood, not only for his family, but for, I'm sure Sandy can give you the numbers better than I can, but at least 20 (twenty) families who rely on him. And if he was to be shut down, there would be no other place to go. WE cannot legally open scallops in our house, we have to have Health Deparment permits, we have to have agriculture permits. We are not allowed under the home occupation law to sell any type of products out of our home. And this is our bread and butter, this is our live- lihood, this is the livelihood that feeds the children of these men. So I ask you to do what you can, you are the experts here and to grant this variance. Thank you. CHAIRMAN GOEHRINGER: Thank you Ellen. gentlemen on the east side of the room. swear, raisingyour right hand. I believe there is a Again do you solemnly MR. TOLLEFSEN: I am Roger TQllefsen and I live in Hampton Bays. CHAIRMAN GOEHRINGER: Do you solemnly swear the information you are about to give us is the most correct to the best of your knowledge. Thank you sir. How do you spell you last name. MR. TOLLEFS~N: T-o-l-l-e-f-s-e-n. I am here as a personal friend for Sandy an~ also for a variety of reasons to help protect the seafood industry. I have known Sandy personally for at least 21 (twenty-one) years. He has been a provider of the seafood pro- ducts to myself and my published restaurants--The Lobster Inn, The Cove Seafood Market and other entities in Hampton Bays and Southampton areas. We buy quality product. Quaility product does not have a We look at everyone and the result Page 8 Southold ZBA 3/25/92 Public Hearing--Carlson MR. TOLLEFSON' (con't.)~ is that Sandy goes back and puts his processing facilities in and really scrutinizes them. And we consider Sandy to be one of the best suppliers. On that respect alone, I have to go back and attest that the quality of his product is unsurpassed. I am also here for another reason, I am president of the New York Seafood Council. It is a council which an industry or organizaion which goes back and tries to promote and educate people about the seafood parks in New York State. I would like to give ~o you right now some of the copies of a recent publications. But there are some examples of some of the things that few people know about the seafood industry in New York State. It is a big organization. It is a big economic driving port entity for this end of Eastern Long Island. The Department of Agriculture and Markets recognizes this. In fact, there was only 11 (eleven) years ago that the Deparment of Agriculture and Markets became the lead organization for marketing and promotional seafood products. In algae agriculture, aquaculture is clearly defined as explicitly spelled out by some of the guide lines in the Department of Agriculture and Markets. Just three (3) months ago, the Lieutenant Governor of New York State, Lieutenant Stan Lundine, was commissioned by the Governor to go back and put together an vision. It is called a vision for the future and recommendations of the governor's task force for coastal resources. The application, the recommendations that were made in this task force applies specifically to this particular question in point back here concerning his use of his business. I would like to read a couple of points about this, I am not going to be long. It goes back, it starts with going back and making recommendations about the working coast. You have to realize that these recommendations were not made by one man. They were made by several people andI'msure you would probably recognize the names~ They are made up of all the people that represent the industry of New York Seafood. One of the key recommendations is that the working coast is vitale to the economic health to New York State. While protecting the environment from the State, the State must also focus on creating a supportive business climate to ensure the survival of success, and success of water dependant businesses. Key recommendation--create comprehensive, economic development stratergy to reflect the busy needs of the maritime industries, the commerical fishing industry, etc. We need to go back and define these goals. The economic development stratorgy would focus existing financial programatic resources of government and the private sector to foster appropriate growth. Create a positive buisness environment for water dependant industries. Again we emphasize this, I can't give it in clearer terms. It goes back and says many factors reverse the effect of business time on water depend~nt businesses. New York State should create a supportive business environment by providing protection against nuisance suits. I am not going to define what nuisances suits is here. It is pretty clear on the defination of the language here, that is going back and charging the individual communities to go back and be supportive and creative. Recommendation No.1-- amend the water revitalization and coastal resources act to provide protection against nuisance suits to water dependant business. Legislation is needed to specifically protect pre-existing water Page 9 Southold ZBA 3/5/92 Public Hearing--Carlson ~R. TOLLEFSEN (con't.): dependant businesses from nuisance suits under the States Torte' Law. I don't know what a ~or~e Law is and you do, but this is what I am reading directly out of this. This Legislation will protect pre-existing water dependent industry when being sued by adjacent property owners in much the same way the right to farm law protects agriculture usages. They cite in this particular reference to the village of Greenport, who is involved with such law following suit by owners of ne~ homes against traditional commercial fishermen. I bring this up for several reasons, it is important once again to emphasize the v±varancy of New York State seafood. This is an example of which is under challenge, you have clear guide lines by Lieutenant Governor of New York State conditions of which you have at your discretion to act in a way that is going to be beneficial, that you consider all the facets of the New York Seafood Industry, which in some cases, is not even clear. This brochure that was presented today, is really the first publication that consolidates all the efforts of the seafood industry under one publication. If we don't do a really good job ourselves of promoting the undercurrents of what is out there, that the industry is immense in size, and it is under tremendous attack by issues that go by environmental issues to cases such like this. If you have descretion, I can't think of a business person or a personal point of view or a professional point of view that deserves more consideration than Sandy Carlson. Thank you. CHAIRMAN GOEHRINGER: Thank you sir. Yes sir. Again raising your right hand do you solemny swear that the information you are about to give us is the truth to the best of your knowledge. State your name for the record. MR. WENZEL: My name is Peter Wenzel, I am a commercial fisherman, I have done business with Mr. Carlson for almost 20 (twenty) years now. I am also President of the Southold Town Baymens Association. I think that it is very important that at some point and maybe this is a good place to start that the people of Southold Town and the government of Southold Town stop paying lip service to com- mercial fishing industry and to do something to keep it here. We are really struggling and have been struggling for a number of years now for a variety of reasons. But one thing that keeps coming back at us, is that the we keep getting shoved out of where we have traditionally been, where we have traditionally worked on the water and on the land. There seems to be a constant parade of complaints against the operations that have been a traditional part of this Town. And what's happened to Mr. Carlson here is a classic example of what goes on, you know, I think on a fairly regular basis, as I said on the water and on the land. This operation obviously had a personal interest in this, because I have done business with Mr. Carlson and I still do now. But I am also speaking for the baymen of Southold Town in general. His operation is very important. You can't just shut him down. There is no way at this time, that I am pretty sure the man could move the operation. The money just isn't in the business. We are not making it and I am sure he isn't. I think this kind of business deserves to be treated as an agricultural business is and that it is time to start supporting this part of Southold's Page 10 Public Hearing--Carlson Southold ZBA 3/25/92 MR. WENZEL (con't.): history and industry. Thank you. CHAIRMAN GOEHRINGER: Thank you sir. Is there anybody else? In the center? Yes sir. Again raising your right hand, the information you are about to give us is the truth to the best of your knowledge. Yes it is. CHAIRMAN GOEHRINGER: And you name sir. Mr. CLAUDE CARLSON: My name is Claude Carlson. I would like to answer your question first that you asked... CHAIRMAN GOEHRINGER: Okay, I just want you to know, that if I am not happy with your answer that I want you to go back. I don't want this hearing to be completed. If you can't answer the question tonight Claude, sit down and figure it out and do it to the best of your knowledge. Because I do not want to complete this hearing unless I have all the answers in my mind, okay, for the best of my ability, because I was not a farmer, I only observed this operation that Henry had at the time and he was only one (1) of several people that bagged their own produce. MR. CLAUDE CARLSON: I will try to answer ~our question as best I can and you can let me know if it is satisfactory. I can give you the best of my ability and explain to you. Our business concerns three (3) products. It concerns lobsters, scallops, and conches. That is the only products we've handled, we did handled also clams at one time, but there just wasn't enough need for it to bother with it and that was quite a few years back. We'll start with the lobsters. What we do with lobsters is we have a walk-in cooler, we have lobstermen who bring them in, they weigh in their own lobsters, put them in the cooler and come in and write up a ticket in the kitchen. Leave them in the cooler, after, later after, late in the afternoon, I will go out there with my son and we will sort out the lobsters, whatever we need big, we will sort out pound lobster, from pound and a quarter lobsters, put them into different tubs and reweigh them and check them for quality. Maybe reject some that we pull out that we don't like, like their shells are not hard enough or whatever. Kind of a quality control sorting operation. They stay in the cooler over night and get sent out the next morning on our van locally around Long Island, mostly in Suffolk County, some up towards New York. Basically that is the only thing we do with the lobsters. We take them in, sort them, pack them, and send them out. Scallops was our main stay of our business, up until we had the brown tide problem. As far as scallops went, we, I scalloped myself and some people, my family and father also scalloped. I started with him. At the time we were scalloping, we needed scallop shop to open them, we had to get permits from the right agencies to have our scallop shop. We would hire my mother-in-law, and a few other friends that would come over and open for us on a piece meal basis in our shop. As we started Page 11 Public Hearing--Carlson Southold ZBA 3/25/92 MR. CLAUDE CARLSON (con't.): doing it for ourselves, we had a couple of other people that said well, could you help us, could we get our scallops opened over there also. We know somebody else would come over, we'll opened some of ours and my aunt would come over and give us a hand. So we put in four (4) benches in our scallop shop, so we could handle a few more boats. We were helping ourselves and helping other people at the same time. Not only for the necessity of getting the scallops opened and packaged properly and refrigerated properly, but also as the aspect of marketing was a necessity where the scallop prices were so depressed at the time, Braun's operation couldn't handle, they had more than they wanted to handle at the time, as did places on the South Fork. And we took our products and move them up into New England, off of Long Island to try to help the whole situation. You know, we tried to get them out of this market when it was depressed to get them into a difference market. And that is how we started working with other baymen basically. That was where that came into play, about fifteen (15) years ago. CHAIRMAN GOEHRINGER: Before you go any farther, the lobsters, okay, any physical change in characteristics of the lobster? MR. CLAUDE CARLSON: None, they are alive. CHAIRMAN GOEHRINGER: They are alive. They were shipped alive to their specific spot. They were not boiled, their meat was not taken out, whatever the case may be. MR. CLAUDE CARLSON: Nothing but sorting and sizing. CHAIRMAN GOEHRINGER: Scallops, they were shucked. They were put into plastic bags, half a pound, one pound. That's it. MR. CLAUDE CARLSON: No. They were put into one gallon bags with labels on them according to what the DEC and the Department of Agriculture tells us they wanted labels on. They were coded properly. CHAIRMAN GOEHRINGER: Then they were put into the refrigerator. MR. CLAUDE CARLSON: Then they were put into a fish carton. Like you pack fish in. So many gallons, six or eight (6 or 8) gallons in a carton, depending on where they were going. And they are iced, we heavily ice them, then they are put into the walk-in cooler. CHAIRMAN GOEHRINGER: Okay. I'm sorry. Go ahead. MR. CLAUDE CARLSON: The third part of our operation is the conch operation. This was an off shoot of the scallops. This started because the guys that were scalloping were catching conches. The law states that it is illegal to throw them back over. They are shell fish preditors. They eat scallops and they eat clams. The DEC laws or the conservation law, I am not sure exactly which law it is, I'm certain it is illegal to throw them back overboard. They have to be brought /~ If you Page 12 Public Hearing--Carlson Southold ZBA 3/25/92 MR. CLAUDE CARLSON (con't.): bring them in, and they start bringing them in, what can we do with them. We started to shipping them out in bushels to New York. We could only get $3.00 to $4.00 a bushel for them. For the cost of the shipping, it was spinning our wheels doing nothing. We tried to find a way to market them. We started breaking them out of the shell, which is a time consuming, and miserable operation, because they told us in Fulton Market they would gladly buy the meats, but they didn't want them in the shell. That went on for about one (1) season, and we said this wasn't going to work. We will have to try something different. And we tried a few different things and we found out. We have a steam machine we use for cleaning up stuff and we found out if we hit them with steam long enough they fall out of the shell. So all we did was start putting them into some stainless steel container and steaming them long enough so that we could pull them out of the shell with a fork. And that is what we do. We steam them, pull them out of the shell, we have a stainless steel bench and sink there, and we put them on the bench and pull them out, then we wash them off and then we pack them like in a shrimp box, what a shrimp box would be if you bought a whole box of shrimp, plastic bag and then into a wax coated white carton that holds seven (7) pounds. And then we put them into the freezer and freeze them. Then after they are frozen, the next morning we package them up into master cartons and save them up until we get 25, 50, or 100 cases, and then we sell them to different brokers and fish markets around Long Island. CHAIRMAN GOEHRINGER: Let me ask you a question about the conches. Is the meat itself cut or manicured in anyway after they are steamed. MR. CLAUDE CARLSON: No there is a gut that is on there along with .... CHAIRMAN GOEHRINGER: Exclusive of the gut. The meat itself. MR. CLAUDE CARLSON: No. CHAIRMAN GOEHRINGER: Is it breaded? MR. CLAUDE CARLSON: No. CHAIRMAN GOEHRINGER: Is it fried? MR. CLAUDE CARLSON: No. CHAIRMAN GOEHRINGER: Is there any other preparation other than steaming it, for the sole purpose of taking it out of the shell. MR. CLAUDE CARLSON: On occassion, we sort them. CHAIRMAN GOEHRINGER: okay, that is in reference to size. MR. CLAUDE CARLSON: Size. That is the only thing we do. WE have had customers request sorted sizes and sometimes we did that. We Page 13 Public Hearing--Carlson] Southold ZBA 3/25/92 MR. CLAUDE CARLSON (con't.) : haven't done that in a couple of years, but we have done that in the past. CHAIRMAN GOEHRINGER: What happens to the water, Is that dissipated into the ground through the floor? the steam water? drains in the MR. CLAUDE CARLSON: Yes, we have a drain pipe down into our cesspool. We use very hot steam. littled waste water. that goes straight We have very CHAIRMAN GOEHRINGER: What about the shells, they are taken to the landfill. MR. CLAUDE CARLSON: We have one pick-up that I put on about seven or eight (7 or 8) years ago, we built a little dump body on it with a hydraulic lift and put them right on the dump truck, and they are taken every day to the dump and dumped and brought back the truck is washed and cleaned. CHAIRMAN GOEHRINGER: Okay Go ahead, continue, I am sorry. MR. CI~AUDE CARLSON: And that is it. That is the extent of our business. We have about, when we have scallops, we have a lot of people who like to deal with us, we can't always handle all the people who would like to deal with us, and we are hoping that that will come back some day, we saw a little bit of that the last couple of years. Basically, right now we're mostly down to lobstermen that we deal with, about twelve or fifteen (12 or different ones, that some of them we have been dealing with twenty (20) years in the Town. We just did the same thing, as when we came out of the scallop thing, when we started to try and market products and other people said can you help me, you know, can you help move some of mine. That is how it pro- gressed. We didn't try to sneak anything in through the back door, we just went along doing what we were always doing and what we tried to do was go along with anybody that came, the DEC, or the Department of Agriculture whoever who had any juris- diction over us and conform to what they wanted. YOu know, we had to have a freezer that was a certain temperature, so we could freeze the stuff properly, we had to code the boxes pro- perly, you know, so that they are coded and dated, so forth, for whatever purposes they see fit on that end. 15) CHAIRMAN GOEHRINGER: I know we discussed briefly, at the last hearing, the nature of the hours of the operation. But could you just give us some idea about the hour of the operation again. MR. CLAUDE CARLSON: As far as the lobsters go, I would say 90% of the lobsters come in from the fishermen, come in the middle of the afternoon between 3 and 6 o'clock. Usually between 3 and 5, we have occassional guys who will come in at noon time because they put a half a day in and occassionaly somebody will come at 6:30 or 7:00 p.m. Between 3 and 6 is the majority of it most all the time. There is exception on occassion, because of weather and so forth, but that is normal. The scallop operation Page 14 Public Hearing--Carlson Southold ZBA 3/25/92 MR. CLAUDE CARLSON (con't.) : this past year, was usually, the scallopers wouldn't get in till afternoon, so we would have a few people over there, shucking scallops in the afternoon from 4:00 to 8:00 at night, usually by 8:30 we would have the shop cleaned up, 8:30, 9:00 o'clock we would the have the shop cleaned up and out of there. CHAIRMAN GOEHRINGER: But the scallops would be delivered at a reasonable time after the baymen came in with... MR. CLAUDE CARLSON: They would come direct, when they come in they come directly to us, but because how hard the scalloping is, in years past, they would be in early in the morning, mid-morning but now in this past couple of years with the little bit there has been, they stay out till 3:00 4:00 o'clock, before they would come in. Now on the conch operation, they come in any time during the day, usually not before noon and up till 4, 5, maybe 6:00 o'clock at night. Very seldom any comes or goes after 6 o'clock at night. It is a rare occassion. As far as processing the conches goes, we try to work around that, try to keep everybody happy around us, so we wouldn't have any complaints. WE have started, when we work very early in the morning, start at 6 o'clock, so we have to steam them for an hour, so they are done at 7:00 a.m. Usually you would be done by 11 o'clock 12 o'clock in the morning. One time, years back when scalloping was heavy and we had some guys who were also potting conches at the time when they were scalloping, we were handling five (5) times the amount we have been in the past couple of years. I mean, we are just hanging on, it's almost hardly viable now to the amount of stuff that we can handle to make it worthwhile. I mean, we are just hanging on to try to get through these hard times and hoping that things will get better. And I think that should answer everything you would need to know as far as what we do there, there is nothing else that goes on, we don't handle any fish, persay it's all just'%he three (3) shellfish items and three (3) years ago for a two-week period in the spring when squid were heavy, we tried freezing up some squid just to see if we could put some in the freezer and take it out later and it might be worth something, but that is it. CHAIRMAN GOEHRINGER: It din't work out. We thank you very much sir. MR. CLAUDE CARLSON: I would like to say a few other things, I have a few notes here, I don't want to be redundant over some of the things that have already been said, but I would like to go over this quick, in case somebody missed something that .... CHAIRMAN GOEHRINGER: No problem. You are welcomed to sit down and come back up again if you like. MR. CLAUDE CARLSON: No. I think I am ready. Since I am here. I would just like you to know that I have lived out here my whole life and I worked on the water for thirty (30) years. I started when I was clamming, when I was in junior high school Page 15 Public Hearing--Carlson Southold ZBA 3/25/92 MR. CLAUDE CARLSON (con't.): and our family business supports our two families. My father, myself, my brother and my son. That is our only employees except when we have the part-time shucker come over. CHAIRMAN GOEHRINGER: You live in the immediate area right? MR. CLAUDE CARLSON: I abut the property. CHAIRMAN GOEHRINGER: You abut the property. That is the one to the north, northeast. It is a ranch I think. MR. CLAUDE CARLSON: Yes. Right exactly. My backyard abuts the same as his backyard and the barns are touching both of our properties actually. What I would like you to know, if we are forced out of business, if we have to try to relocate, economically, it is impossible, even if there was something available. But there isn't anything available. According to the zoning codes they way they are now, we should be in a marine one or two (M-l, M-2) district. There is nothing avail- able out there, if we could afford to spend a half-a-million dollars and buy it, it is not even available. So there is no other place for us to go. As Mr. Goggins stated, we always felt that we should be equal as farmers. The Federal and the State Government treats us the same as farmers. We have a Tax I.D. number, the same as farmers do, and we fall under the jurisdiction of the Department of Agriculture. And my personal feeling is that we should be allowed our products from the seas the same as farmers are allowed to handle their products and package them and so for from off the land. The Town Code pro- tects the interest of farmers. I have noticed under the purpose of the A-C District, that it states right in there that they would want to protect the legitimate interest of farmers and I think it should as well protect those interests of fishermen. There are many accessory uses in the A-C Zone. Uses that are committed, that I can see a lot more complaints coming out of than anything that we are doing. It has been mentioned, and I know some of you Board members have visisted, and I am not sure if you have been there while we've been operating or not, but I know most you Board members have dropped by at some point or other over the proceedings of this. But also, we have had Town Board members while we have been in operation, we have had DEC personnel over while we have been in operation, Department of Agriculture personnel, and also Board of Health, Mr. Klos called the Board of Health on us at one point before he came down to the Town here, to have him come over to us and he said what's the problem, what am I here for. He didn't cite us for anything. He looked around, I don't see any problem, there should be no reason for me to having to anything to say about what you are doing. Of all our twenty (20) years in business where we have been here, we never had any problems with anybody. And we have been strictly watched over the years. CHAIRMAN GOEHRINGER: Can I ask you a question at that point. meant to ask your father. Page 16 Public Hearing--Carlson Southold ZBA 3/25/92 MR. CLAUDE CARLSON: Sure. CHAIRMAN GOEHRINGER. There was some hearsay concerning a cesspool that was connected to the house that was giving off some odor. MR. CLAUDE CARLSON: That was a true story. CHAIRMAN GOEHRINGER: That was one of the areas that was of concern, I think, with one of the neighbors who had complained at one time. MR. CLAUDE CARLSON: Right. I think Mr. Grigonis was there one day and I showed him on the east side of my father's house, there was an old cesspool. The house is a couple of hundred years old, I'm not sure how old it is, it is very old. There were more cesspools there than we knew. There was an old clay line, running from one cesspool to another, which is on the east end of his house which abuts up to Mr. Klos's property and the other property next to him, right back where his garden is in the back there. What was happening is that the tree roots had gotten into the clay pipe and clogged it up and it was seeping out of the ground over there, right on the side of his But that had nothing to do with our business. That was the house cesspool. CHAIRMAN GOEHRINGER: It did give off an odor though. MR. CLAUDE CARLSON: Oh yea. fact, you can still see it. now when that .... We had to have it all dug up. In This has been about two years ago, CHAIRMAN GOEHRINGER: But there is no more odor. MR. CLAUDE CARLSON: No. It's gone now. CHAIRMAN GOEHRINGER: Excuse me, I didn't mean to. That was a question I was going to ask your father to get back up, but since you were up there. MR. CLAUDE CARLSON: That was a problem at one point, one summer there and we didn't even know. My father was the only one living at the house at the time and he has an air-conditioner in his bedroom, with his window closed all the time on that end of the house and we didn't even know it. It just happened to be, one day walking around over by the trees there, we smelled something and walked over and looked. It was seeping out of the ground over there. We had to dig it up and we found out what a problem we had. But that was a house problem, it has nothing to do with our business what so ever. You asked before, at one point, up here about van noises and you wanted to bring everything out in the open. Since we are bringing everything out in the open, I can tell you exactly what happened. Mr. Klos threatened me and called the police on me a couple of times because of my letting my son's band practice over there. I never let him practice after dark. After 8:30 9 o'clock at night, at the very latest. CHAIRMAN GOEHRINGER: This is at, your father's house. Page 17 Public Hearing--Carlson Southold ZBA 3/25/92 MR. CLAUDE CARLSON: No this is in my house and also in the scallop shop, when we weren't using it, when there was no scallops a couple of years back. I let them set up their equipment in there and practice sometimes. I had to get them out of my cellar. Because I had too much stuff to be moving around. He made a couple of threats to me about how I am going to have the cops over there and I am going to do this and going to do that and I talked to the Police about it and I said we plan on having a party once a summer, we let them have a party on my property and set their band up and play. It is like their big thing for the su/~mer. Once a year, they see how they improving. So I asked the Police about it ahead of time. I informed them that I was planning on having a party and the band would be playing. Because I knew he was going to complaining. And they said they went over and talked to him and told him why don't you go somewhere for the night instead calling us up ten (10) times and complaining about it. And even still, the very next day this happened, approximately two (2) years ago, not quite two (2) years ago now, it will be two (2) summers ago coming up. I stopped at Ted's Auto Body on the way on my deliveries the next morning, his son Bob is a good friend of mine. I don't even remember what I stopped for, I don't know if I dropped him a few lobsters he asked for or if I had to see something about the boat, and I don't even re- member but, he threatened me right there. You know, I had a friend with me that was going with me on deliveries for a ride, he just came right out and threatened me that I am going to be choking you and this and that, you know, you can't get away with this, you'll see, I will show you. And this is where everything blew up at that point. But I just wanted to make that point to you since you asked about it. I wouldn't have brought it up if you haven't asked, ~o I wanted to let you know what the true story was. As far as anything else, I have got to say, as I explained to you, we started our business, actually from me working on the water and a few friends and it became a necessity to try to market our products. And it kind of just filled in that way. We feel, we greatly contribute to the economy of the Town of Southold. We help a lot of people and we contribute a lot to the economy through what we are doing. CHAIRMAN GOEHRINGER: And you have been there approximately twenty (20) years? MR. CLAUDE CARLSON: Approximately twenty (20) years. I don't know exact date, it is very close to that. And the only thing I meant to say in conclusion is that our Country was founded on the idea of Liberty, you know for us to be able to support our- selves, walk the land and seize as we saw fit as we so choose, and I would like to quote somebody that I read here, aback awhile and I'm not even sure who said it, but I'm taking it from somebody's quote that I am greatful that I live in a Country that not only has a Constitution, but a conscience to which an appeal can be made. Thank you. CHAIRMAN GOEHRINGER: starts about when? Before you sit down, the conch operations, MR. CLAUDE CARLSON: Usually 8 o'clock in the morning. Page 18 Public Hearing--Carlson Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: No, I mean is it in operation now? MR. CLAUDE CARLSON: No it is seasonal. Ail of our business is completely seasonal. CHAIRMAN GOEHRINGER: When will that operation start. MR. CLAUDE CARLSON: Normally conch operation runs from mid-May until August and then again from October until mid-December. CHAIRMAN GOEHRINGER: Okay. Thank you sir. Anybody else in the center? yes Steve. How are you tonight° Again do you solemnly swear the information you are about to give us is the truth to the best of your knowledge? I Swear. MR. LATSON: I am Steve Latson. I am a local bayman and everything everybody said is true is far as I am concerned. I have dealt with Sandy for a considerable number of years and the place has always seemed real clean and very unbusy typically, you go there you are one of the few people there. You have to go and find somebody if you want to get some money or something. And it is just a real quite, laid back operation. And the points that Roger and Pete made about fishing and fishing industry are very important also because as we know, M-I and M-II really is the only ,~ provided areas in the Town. And fact is even people that, and basically that provides for Marinas. And even marinas now, if you talk to Bill Lieblein~ or somebody will tell you somebody couldn't start a marina now a days , you just wouldn't make the money for the amount of money for the residential values of the properties. So I think in the Town we really do have a major problem that needs to be addressed long term as far as zoning on the water to try to provide some places for fishing access and things like that, if we got rid of the brown tide. That is another aspect. That is about it. I think everybody said what needs to be said. Thanks. Tape turned over. CHAIRMAN. GOEHRINGER: Mr. Flynn. Again raising your right hand, sir, do you solemnly swear the information you are about to give us is the truth to the best of your knowledge. MR. FLYNN: I certainly do. CHAIRMAN GOEHRINGER: Thank you sir. MR. FLYNN: My name is F.M. Flynn. I am a resident of Southold and I have been engaged in matters similar to this over an extended period of time and I have rarely encountered a specious and cyn- ical application. Now, in the course of the evening, we have heard many extraneous comments about the state of the seafood industry, which may very well be true, particularly the shellfish industry, the fact that it is water depend~nt, which implies Page 19 Public Hearing--Carlson Southold ZBA 3/25/92 MR. FLYNN (con't.): of course, water frontage, we have heard rousing endorsements of the applicant's character. But we haven't discussed the essential question here. This is an illegal, nonconforming operation and I hear that it has been conducted for twenty (20) years. Now my research of the Town's records indicates that this property was acquired in 1980 and the initial stage of what is shown on the assessment records, as a garage was built in 1980 and expanded twice since then. So really what you gentlemen are faced with is a question of an illegal operation which has flouted the law for at least twelve (12) years for which complaints were filed and on those complaints the Town took no action what-so-ever. These complaints are a matter of record at various Town agencies and on the Police blotter of the Town of Southold. Now, the essential confusion that seems to be, seem to attempt to be in here, is confusion between agriculture and aquaculture. So if you willindulge me, I will read from the Southold Town Code. In which it defines agriculture as the33 production, keeping, or maintenance for sale, lease or personal use of plants and animals useful to man including, but not limited to forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, live stock including beef cattle, sheep, swine, horses, ponys, mules or goats, or any mutation of hybrids thereof. Including the breeding and grazing of any and all such animals, bees and aviary products~ fur~ animals, fruits of all kinds, including, grapes, nuts and berries, vegetables, floral, ornamental and greenhouse products or lands devoted to a soil conservation or forestry management program. That is 10~0-13 of the Town Code. Now there is no question that this definition has no relationship what- so-ever to aquaculture. As a matter of fact, were Latin is widely taught today, as when I was a boy, we could all go home early. Agriculture comes from Ata and cultura, which means cultivation of the field. Aquaculture obviously is the cultivation of the water and incidently aqua generaly refers to fresh water, rather than salt water. Now, there is no defination in the Town Code of aquaculture. However, the State of New York defines aquaculture as shall mean the cultivation and harvesting of products that are naturally are produced in the marine environment including shellfish, crustaseans, and seaweed and in the install- ation of cribs, racks, and in water structures for cultivating such products. But shall not mean the construction of any building or fill or dredging or the construction of any water regulated structures. Now it means that cultivation and har- vesting and not the processing, which is the important issue here. The other related definations which I will submit to, again from the Town Code and I won't read them at length, but refers to agricultural production and there again there is no relation what-so-ever to aquaculture and crop is also defined amoung these definitions· So, the Webster's Unabridged Dictionary refers to aquaculture as a variant of aqueculture and that is to act the act of cultivating the natural produce of water, the raising or fattening of fish in enclosed parcels or hydroponics. Again it is the act of cultivating, the act of tilling, it is the act raising produc~s, not processing them. And hydroponics which is distinct phase of aquaculture is the art or science of growing plants in water containing all the nutrient elements. This may Page 20 Public Hearing--Carlson Southold ZBA 3/25/92 MR. FLYNN (con't.): be the area from which the confusion,or the purported confusion between aquaculture and agriculture arises. Now, if ~nere is none, if there is no relationship, but provable relationship between aquaculture and agriculture, obviously there is no basis to this application what-so-ever. But let us go on. from that point. I have some notes here to which I will refer and try to cut it a little bit shorter. Now, as I understand this application as it is submitted here, the applicant wants a shellfish distribution business. Now this is the same application, 3975 which has been pending, to my knowledge, for at least a year and a half. I think we had hearings back in June of 1990, if I remember correctly about this. And that application called for the processing, storage, retail, sale of fish products, the freezing of fish products, etc, etc. Now, each time this appli- cation comes up, it is altered and amended to appear more innocous, but the fact of the matter is, what I am saying is easily check, that is the what is intended in this application 3975. Now what is really sought here and is such a common occurrence in this Town, is a zoning change in the guise of a variance. Now, as you gentlemen know, a variance is granted based on practical difficulties or financial hardship. You can hardly complain that there are practical difficulties here, there are none for the purpose for which the property is zoned and were there any, it would be self-created. Now with respect to hard- ship, the burden of proof is on the applicant. And if you recall, in the case of Greenport Commons, I stood here and insisted that for you to grant a variance based on hardship, there has to be dollars and cents proof that the property is virtually worthless as zoned. Now were you to research the background of this property, it was purchased in 1980, I believe, for an approximate price, as indicated on the deed, of $40,000.00 (forty thousand dollars). And at that time, in the mortgage, it was stated that the property was only improved by a residence. So all this business activity has taken place since 1980. Now to prove that property is worthless as zoned, I defy anybody to submit any evidence to that effect. One (1) acre of vacant land is obviously worth more than $40,000.00, even in todays market and improved by a substantial residence, any appraiser is certainly going to come up with a substantial figure. Now variances are granted in the spirit of the chapter, at least according to the Town Code. And the spirit of zoning of which variances would be based, an alteration of the zoning, is reflected in the comprehensive plan, which the Town Board has produced. And zoning is actually the effectuation of that plan. Now, the uses proposed in the original application are only permitted in M-II zoning Page 21 Public Hearing--Carlson Southold ZBA 3/25/92 ~4R. FLYNN (CON'T.): for are we respected to warehouse opera- tions and incidently, we are not talking about a warehouse operation, we are talking about processing. If you do anything other than take in a finished product and redistribute it, it is not a warehousing operation, it's a business operation and you are processing something. And beyond that, if I recall, and I think the reference was made to 100-31 A (2) in the applica- tion, my interpretation of that is that you can only process materials generated on the property. Not bringing in products from outside, processing them, and reshipping them. This is an entirely different question. Now the question is the expansion of this business. I calculated from the assessment record, that this original so-called garage was built in 1980 and it was added to twice subsequent to that and it currently, apparently some- where around 2330 square feet of ground area and from my obser- vations it is two (2) stories high. Now in the course of developing this property, and I think reference was to this, the Building Inspector was there three (3) times. Now initially, he may have taken it as a garage, the first stage of it, but the second and third stages obviously there was a business being conducted on the property. The same may be said of the Assessor initially he took it as a garage. If he did his job, and I was an Assessor in the long distance past, you come back and you check and if there is anything wrong with the operation according to the code, you report it to the relevant depart- ments of the Town or the municipality. Now, apparently none of this was done. So my advice to the owners of adjouning prop- erties is that this is properly a matter for the Attorney General. This Town has refused to enforce its code, there have been complaint after complaints submitted about this property, there have been Policemen whom I understand have signed the blotter to the effect that there were noctious odors eminating from this property, and for the Town to permit this operation to continue in my opinion constitues mal, mis and nonfeasances on the part of Town officials and should be reported to the District Attorney for his attention. Further, I would recommend to the owners of the abutting, incidentl¥ we have had extranious com- ments here about attempting to turn us aside from the main issue here, which is a questions whether this is legal business or whether it can be made a legal business, about noise eminating from the property. This is an attempt to gain some sort of sym- pathy, I don't know what is the point, but nothing could be more extranious to the basic issue here. Now, my advice for what it is worth to the owners of the property who have been patiently waiting for the Town to do what it should do under the law, would be to consider retaining an attorney to investigate the question of harassment. You folks are or should be familiar with the bundle of rights that a property owner has and among them, is the peaceful and quite enjoyment of his property. If this is dis- turbed, he is essentially being harassed. And finally, I would say that were this Board to permit this operation to continue by reason of granting a variance. I would recommend to the abutting owners or any~od~ else involved in this thing, that they file an Page 22 PUBLIC HEARING--Carlson Southold ZBA 3/25/92 MR. FLYNN (con't.): action for consequential damage against the Town for having created damage and the evaluation of their property by reason of the action taken by the Town. Thank you. CHAIRMAN GOEHRINGER: Claude I have to ask you a question anyway Claude, would you come up~and use the mike. MR. CLAUDE CARLSON: Can I say a couple of things before I forget. Well, he said so many things, I would like to refute a few of them. C~AIRMAN GOEHRINGER: Before you say that. I just want to mention one thing to Mr. Flynn, Mr. Flynn this is not a variance, this is an interpretation, okay. We are not ~here dealing with a variance. This is an interpretation. MR. FLYNN: If you have two (2) phases to this thing, they are asking for a right to conduct a business on the property. First you have the definition, then you have the questions of whether they conduct a business under the specified section of the Code. To conduct that business they require a variance, a use variance. CHAIRMAN GOEHRINGER: That is the second phase, but I will get back to you on that. Go ahead. MR. CLAUDE CARLSON: First of all, he said so much, I couldn't keep up with it and there are a few things I wanted to get back to. But one of them he mentioned something about retail that we applied for a retail. For use as retail sales. We have never done any retail sales, and we don't intend to and we never asked for it. He is standing up there saying stuff that is untrue and I just want to make sure we get the record clear. I think if you look back through our applications whatever papers we have on file, you will find nothing to do with any retail of any kind in the past or the future. Another point brought up is he is standing there under oath telling you that the Police have some- thing on their Police blotter, claiming that they were over there and there were noxious' odors there. I was there when the Police came, and there was no problem at all. IJn fact, two (2) police cars came at the same time I arrived back from the dump and we had steamer going there, with the steam coming out and they were standing ten (10) feet away from the barn and so no problem what-so-ever, and we got a copy of their police report because we wanted to know for ourselves what was said afterwards and there was nothing like that. He is telling you, he is claim- ing he is under oath, but he doesn't have any proof of what-so- ever. And I think that this was brought up at our earlier hear- ing, but I would like to go on record as bringing it up again, I was informed in the beginning of this procedure way back, that my understanding of this, and correct me if I am wrong, but ou Town Code was adopted out of Town Code from upstate New York town, it was drawn up for a Town in upstate New York. And of course there were no provisions put in for salt water businesses, and fishing, and anything related to it because they had nothing up there. I think the only way something would have been put into the code, if something else would have come up over the years before now that would have brought to somebody's attention to do something about it. Am I right about that. Page 23 Public Hearing--Carlson Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: No. I just wanted to. The consulting firm of Raymond Parrish Pine are from (upstate) NY, that is the only thing, if there was some absence in the new Code, it would have been not addressed during the production of the Code, it wasn't necessarily because it was an upstate firm. Okay. MR. CLAUDE CARLSON: Okay, I understaned but I just wanted to bring the point up that it was, one way or another, it could have been. CHAIRMAN GOEHRINGER: I just want to mention two (2) things for both yourself and for Mr. Flynn and I understand Mr. Flynn is a little agitated that what you said concerning this I am not, I find these statements to be counter productive to this specific hearing, okay, and not the emulation of smell or noise, whatever the case may be, because we will go down again and check this out prior to the conclu- sion of this hearing and that is the reason why I asked you when the conch operation started. Okay. It doesn't necessarily mean also that we are continueing this hearing until May until you get in full fledged operation of that. My question to you is this, you are talking about being in business for twenty (20) years, how long has your father rented the property from the Terry Estate prior to the purchase of the property from the Terry Estate. MR. CLAUDE CARLSON: Approx. eight (8) years. So we have been there twenty (20) years, but he only bought it twelve (12) years ago. CHAIRMAN GOEHRINGER: Eight (8) years before that he rented the prop- erty for a period of eight or ten (8 or 10) years from the Terry Estate. MR. CLAUDE CARLSON: About eight (8) years. What we told you was correct. We didn't own it for the whole time. CHAIRMAN GOEHRINGER; I have a gentleman sitting on this Board that is telling me that at the inception of the either purchase or the lease of this property, that there was a scallop shop on that prop- erty. Is that true? MR. CLAUDE CARLSON: I'm not certain, I couldn't answer that honestly. We put new benches in there. MEMBER GRIGONIS: My mother used to go down there and buy scallops. MR. CLAUDE CARLSON: Yea, well the shop wasn't used as a garage, it was the scallop shop now to my knowledge, it wasn't used as a garage. It was built as a garage originally, but anytime since we have been in the twenty (20) years it was never sued as a garage. We used it as a scallop shop as soon as my father rented the place. MEMBER GRIGONIS: Yea, but the shop had been there long before that. MR. CLAUDE CARLSON: I'm not sure about that because when my father started there, I wan't living ther with him at the time. Page 24 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Okay, we will ask your father that question. But we thank you Claude. Mr. Flynn. MR. FLYI~N: As to the question of retail sales on the property, I relied on my recollection of the orginal application which does mention sales from the property. I am not quite sure as to whether it specifically mentioned retail or not. However, there were sales mentioned. The more recent statement with respect to the existance of a improvement, some sort of shop on the property, I think I have even submitted, but if I haven't sub- mitted to the Board, I will submit a copy of the mortgage which says that the property was only improved by a residence. Now there was one other question here, actually it escapes my mind, but, oh yes, my integrity was challenged here. Now if I am re- citing something but I was told directly by Mr. Klos that he has copies of the reports submitted by the Police, or the reports filed by the Police Department after visiting his property, but durinq the period of fish processing and at that time there were noxious odors permsating the area, eminating from this property and I scarcely think that this Board at this late date is out to find any credible evidence at to whether such odors exist or not when the applicant prepared to cover up any such type of emission. Thank you. CHAIRMAN GOEHRINGER: Just before you sit down, I want to mention something to you sir. I have a copy of the application in front of me and the reason for the appeal as an amended app- lication to Appeal 9 3975 for an interpretation. We can copy this for you and give this to you, this is an interpretation, this is not necessarily a variance, just so you are aware of it. MR. FLYNN: May I ask you a interpretation of what of definition of agriculture and aquaculture? CHAIRMAN GOEHRINGER: I can't read it in front of you at this, I would be very happy to give you a copy of it and you can digest it. MR. FLYI~N: But may I ask you a direct question. Based upon this interpretation, is not a variance sought here. CHAIRMAN GOEHRINGER: I would say in the near, you want to answer it. MR. GOGGINS: It is simply an interpretation. I didn't ask for a variance, I asked for a interpretation. If he had read the papers correctly, he wouldn't have gone on for so long. And if Mr. Flynn wants to represent people, he should do it a~curately and if they want to testify, they should testify, he shouldn't testify for them. If they smelled obnoxious odors or offensive odors, then they should testify, not Mr. Flynn. MR. FLYNN: I am not representing anybody other than myself as a citizen and resident of the Town of Southold. As far as my Page 25 PUBLIC HEARING Southold ZBA 3/25/92 interpretation of what I received in the mail, I think I read fesonably well, although my eyesight isn't as good as it was, it says for approval of a wholesale shellfish distribution business, that is the primary point of the application, but the caring that aquaculture use falls within the purview of agricultural use. CHAIRMAN GOEHRINGER: Again, the first line, and please I am not discrediting your reading ability, I assure you, this appeal is an interpretation resulting from the Notice of Disapproval, okay,so he is asking for any establishment, any construction, any further variances that would be required would not necessarily be the nature of this hearing. Just so you are aware of that. MR. FLYNN: Just let me ask one further question, if I may. Can you decide the question of the variance on this property without holding future public hearings. CHAIRMAN GOEHRINGER: Absolutely not. Let us see, where does that leave us. I would say, the ~nly question I have is the same question that goes back throughout the evening and that is the issue of comparing this operation to that of the operation of the farmer and that is basically what I am asking Mr. Goggins to come with. And I would sincerely appreciate, although I know that this is going to upset you Mr. Flynn, I would sincerely like to see that, okay in a presentation, not a lengthly presentation, one that can be done in 15 minutes and out, completed so that we can then finally put to rest that particular issue, okay. And before you discuss this, I do not feel it necessary, and if you people are incorrect, I would be very happy to stand corrected at this point that Mr. Grigonis's statement that he felt that the Terry property which is the nature of this hearing tonight for an interpretation, was a scallop shop prior to Mr. Carlson taking title or in fact being a tenant on the property. And if you want me to swear him in, I would be very happy to, then he can't vote on it. But I have no problems with that. In this particular case he has told us that. Mr. Grigonis has in the past, as in the case of Mr. Doyen who has been on this Board as you know as of January of this year, some thirty-five (35) years. And have been involved in the inception of zoning of this town, and have far more wisdom than I will ever have and any of us sitting up here, and I am not discrediting my two (2) colleagues to the right of me, to the left of you. It is just my opinion. I am making a general statement. MR. FLYNN: I just wanted to submit this and again there seems to be a little bit of a contretemps, the mortgage on this prop- perty would in my opinion, constitute a fraudulent document, if what Mr. Grigonis, depending upon his recollection is correct, then the mortgage is fraudulent because it states that the property is improved by a one-family house. Page 26 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Mr. Carlson is there something either one of you would like to answer back there. Sandy. MR. ARTHUR CARLSON: Yes. There was a lean-to there that I ripped apart that had some kind of bench in it, it might had been a scallop shop, as Charlie says. I don't know if it was a scallop shop, I am not familar with the property back then. But it very well could have been. There were many of them, there were hundreds of them in Southold, New Suffolk, and Greenport at that time. CHAIRMAN GOEHRINGER: Thank you. Mr. Flynn. MR. FLYNN: Again, as these things come up they have to be countered while they are fresh. If this was a nonconforming use, eliminating that shed, eliminated the non conforming use. CHAIRMAN GOEHRINGER: Charlie indicated to us that is was in the garage, Mr. Flynn. MR. FLYNN: Which garage? CHAIRMAN GOEHRINGER: The orginal garage that has been added on to three times, or whatever that structure is now. MR. FLYNN: Sir, the Building Department records indicate that an initia~ garage was built in 1980. MR. ARTHUR CARLSON: No that is incorrect. CHAIRMAN GOEHRINGER: Would you allow him to speak before you Mr. Flynn. Go ahead Mr. Carlson. MR.ARTHUR CARLSON: The original barn that you see by the site plan which you all have copies of shows the old barn with two doors, low overhead, that is where the scallop shed is. And that is probably where is was before, just like it was twelve years back. And there was another structure next to that that we added on to in about five, six (5, 6) years ago. CHAIRMAN GOEHRINGER: While I have you up, again I am not trying to belabor this topic, I am only trying to understand this process here. Was that garage on the property twenty (20) years ago when you started using this property, living on this property. That garage was there, that is the nature of the scallop shop as it exists today and that garage has only been altered or added on to, once. I have one other question, I can't remember at this time. I will get back to you in just a second. Page 27 PUBLIC HEARING Southold ZBA 3/25/92 MR. CLAUDE CARLSON: I want to clarity the evidence. In it was the big building, he called it two stories, but it is one story it is high, we did that for a purpose. That has never been added to. It is an orginal building for the building with a building permit and since then in addition to the existing garage, that we call it, is the scallop shop. CHAIRMAN GOEHRINGER: Mrs. Flynn, again Mrs. Flynn, with your right hand please that the information you are about to give us is the most honest to the best of your ability. MRS. FLYNN: I am most certainly not a fisherman and I most certainly not a farmer, although I do come from the North Sea Coast, I was born there and grew up on the North Sea Coast and I was many years at sea and I come from a family, at least from one side of the family, from the side of long seafaring people. Also the country I am coming from or the part of the Country that I am coming from have the most richest farm land in my Country. And there is something which came up here about the difference between farm products and fish products and processing it. Well storing potatoes and storing fish or processing fish is certainly more different. I can, even the smell from if you would cook potatoes or cook fish or clam, there is more certainly a different and it can smell and it does smell, and I think there is no one in this room who Gould say any different. And I think it is almost ridiculous to say there is no smell from cooking fish or clams or steaming them. Anybody who cooks can smell that in the kitchen. CHAIRMAN GOEHRINGER: That is not necessarily, I understand your position there, but that is not necessarily what I am looking for. I am looking for .... MRS. FLYNN: Yea, you are looking for a difference, if the farmers are selling their products to the wholesaler, or if he is only a wholesaler. Now he is processing, he is processing and steaming and then selling. He is not taking the fish from the sea and selling the fish, he is taking the fish or from the baymen, he is processing it and steaming it, it is processing it, it is one part of one step of processing and taking it out of the shell is the second step. And then he is passing it on to a wholesaler or a restaurant or a fish store. So he is processing. The farmer is not processing and even if he is he is cutting up some of the leaf of his cauliflower or if he is washing his potatoes and he is packing it. That is his own product. CHAIRMAN GOEHRINGER: And it is not that I don't believe you, okay, it is just that I haven't established that in my own mind at this point and I haven't done that because there are other processes that the farmer goes through prior to actual taking of that potato and placing it in a bag and putting it on the open market when it is not sold in bulk. And that is what I want Mr. Goggins to present here so I can keep that in my mind as being CHAIRMAN GOEHRINGER (CON'T): Operation A and Operation B. You understand that? In no way am I discrediting your statement Page 28 PUBLIC HEARING Southold ZBA 3/25/92 I am just telling you there is a form of processing that the farmer does. Okay. There is certainly a form of processing that these gentlemen have told us that they do. And I don't want you to ..... MRS. FLYNN: But we are talking about processing the product itself. CHAIRMAN GOEHRINGER: But I don't want you to limit it only to the conches. Okay, because they have another operation, which two other fish related activities are dealt with there. MRS. FLYNN: Besides which they are doing it in a residential zoning and while I am under oath, as you know, I am a real estate broker and I am a graduate of the real estate institute and I am in my business for twenty-two (22) years and I am asso- ciated with but I can tell you Miss Larson made a statement if you would close him up, you will break him. Well if you leave him in business, you will break the surrounding people. Because it will devaluate their prop- erty tremendously. There are many, many homes for sale and it is a hard time for everybody, but just, just, if you set preci- dent with this case, and you give him the permit, I as a broker would have to tell the next person coming in here, look I can sell your house here, but I don't know if maybe in two (2) years somebody is going to buy the house next door to you and start to process some clams. Because he can say he can do it because you have given a variance to somebody else, owning pre- viously. CHAIRMAN GOEHRINGER: But remember, we are not doing that. We are just trying to establish a long term interpretation that has been hanging around for a long time and this goes way back, even before the home occupations law. But I thank you for your time, but after the presentation, assuming I get the presentation I am looking for, then we are going to draw a parallel between the two and see, if we can understand exactly what the two (2) of them do. If you just bear with us. It is not going to be done tonight, okay, it is not going to be done tonight. that alright with you. MRS. FLYNN: Very good. I will here the next time. Is CHAIRMAN GOEHRINGER: Okay, Mr. Carlson. We are wrapping this up here MR. ARTHUR CARLSON: It is hard for me to remember everything Mr. Goehringer, but when I first moved there, early 1970's, we from Mrs. Terry. There was a bench in that old barn, we call it a garage, you can call it whatever you want to Page 29 PUBLIC HEARING Southold ZBA 3/25/92 MR. ARTHUR CARLSON (CON't):you want to call it. And we did use that opening scallops, as I remember that. I had forgotten that. We did use that for opening scallops, I found it to be too small and nonconforming with what the DEC wanted so I had to make it larger and put fiberglass on it and fix the floors. CHAIRMAN GOEHRINGER: Can I ask you a question. What was the nature of not purchasing the property in the beginning. Was it financially the reason, or was the estate not settled, or was the property not subdivided. What was the reason? MR. ARTHUR CARLSON: The estate wasn't settled. CHAIRMAN GOEHRINGER: Or else you would have purchased it. MR. ARTHUR CARLSON: It was not for sale. CHAIRMAN GOEHRINGER: It was not for sale. You were very simply a tenant of the Terry Estate until such time that the property became available for sale. Is that correct? MR. ARTHUR CARLSON: Yes. CHAIRMAN GOEHRINGER: So. I am going to ask Mr. Goggins, if he can to draw me a parallel between the two. I ask you to bring a farmer in here. Okay. That is what you are going to do. Okay, we will tell you when we will reconvence this hearing and it will be in a timely fashion and I will get back to you and I offer that gentlemen as a resolution to recess this without a date, the date will be within thirty (30) days of this particular date or thereabouts. And we thank everybody for their courtesy and we will make a determination. In the interim, we will make some visits over at the site, but I am not guaranteeing that because the operation is not running at full force at this point that we are going to be able to see exactly what we want to see. Yes.. I offer as a resolution, we will readvertise so everybody is aware of it. I need a second. MEMBER GRIGONIS: Second. CHAIRMAN GOEHRINGER: Ail in favor. Aye. Questions. Somebody over here. Nancy you have a question. MS. NANCY SCHWASTIWICZ: Well I just know the farmers use chemicals, because my family is farming. CHAIRMAN GOEHRINGER: Well that was what I said, in the processing of, when a potato is put in the barn, the potato is gassed, or else the potato grows in its entity. So there is a form of processing and that is what I am trying to understand. through this process. I don't want anybody to leave here with the idea you have not presented the information that we are try- ing to understand. Yes. Page 30 PUBLIC HEARING Southold ZBA 3/25/92 MR. FLYNN: I have one final comment. CHAIRMAN GOEHRINGER: You can't, we closed the hearing. MR. FLYNN: This may be the key to the whole thing. You talk about the farmer and this operation as being really collateral operations. A farmer in accordance with the Town Code, processes products grown on his own property. This process is produced on the property. Everything is brought in and processed and shipped out again. So there is a distinct difference between the two operations. CHAIRMAN GOEHRINGER: Interestingly enough this is off, this is past the record, this is not where we are talking, we are brainstorming at this point. That is absolutely true, Mr. Flynn if are talking that one single farmer that owns his property that does that operation on it. But most of the farmers today rent the property, the barns are off-site of the property and it is impossible to ever alia~ that situation. MR. FLYI~N: Then I submit that very many of these people to whom you refer are operating illegally and it's damn near timethat this situation is straightened out in Town. MR. ARTHUR CARLSON: Did you ever try to catch a clam or lobster on the ground. Most of us have to go into the water to find them. CHAIRMAN GOEHRINGER: Sir, remember this is, we are not taking testimony here. (tape changed). MR. TED KLOS: I live right next to Carlson's property there. In the summer, I got to keep all the windows closed all summer long, I can't keep them windows open. My wife can't hang clothes out there on account of the odor. When they say they make no stink there, that is a whole different story. CHAIRMAN GOEHRINGE: Thank you. We thank you all for coming in and we will readvertise this hearing, we will convene it and we will make a decision and thank you all again for your courtesy. Have a good evening, safe trip home. (T~nscribed by tapes recorded 3/25/92) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 22, 1992 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Appl. No. 3975 - Interpretation (Carlson Property) Dear Mr. Goggins: This will confirm that the final part of the public hearing will be conducted at 7:45 p.m. on T~esday, June 30, 1992 at the Southold Town Hall. This final phase of the third meeting (public hearing) is being held, as you know, to receive testimony (if any) from an adjoining property owner, Andre Moraillon, and rebuttal to his input from you, as the attorney for the applicant. It is not known for sure at this time whether or not Mr. Moraillon will be attending. Very truly yours, GER3%RD P. GOEHRINGE CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 19, 1992 SCOTr L. HARRIS Supexv sor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr~ Andre Moraillon 375 Akerly Pond Lane Southold, NY 11971 Re: Appl. No. 3975 - Interpretation (Carlson Property) Dear Mr. Moraillon: This will confirm that the final part of the public hearing will be conducted at 7:45 p.m. on Tuesday, June 30, 1992 at the Southold Town Hall. This phase of the public hearing was extended in order to provide you with an additional opportunity to attend and submit your testimony~(if any), and rebuttal from the attorney for the applicant. All remaining portions of the hearing record have been received (at meetings held on March 25, 1992 and on June 4, 1992). Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Andre Moraillon 375 Akerly Pond Lane Southold, N.Y. 11971 IN ~ABSENCE, REQUEST IS MADE THAT TgS ALOUD AT THE JUNE 30th PUBLIC HEARING. LETTER BE READ June 28, 1992 Mr. Gerard Goehringer Chairman Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Dear Mr. Goehringer, Thank you for your letter of June 19 advising me of the public hearing to be held on June 30 on the subject of the Carlson affair. I will be unable to attend this hearing and therefore am enclosing, on behalf of Ted and Catherine Klos, of 475 Akerly Pond Lane, Southold, and myself, all of us adjacent neighbors of the Carlson property, documents containing research relevant to the Carlson affair, done by Mr. Frank Flynn of Southold, a friend and concerned citizen who has defended our interests at these meetings in the past. My neighbors and I ask that these documents be made part of the official Carlson record. Before the Board of Appeals makes its final decision on the Carlson affair, it may want to con~ider the numerous Town Codes being currently violated by Carlson on Lower Road. It may also want to ponder the fact that Carlson has been violating these Codes for at least 7 years. It may also want to reflect on the fact that Carlson is violating certain Codes with the full knowledge (if not support) of the Building Department of the Town of Southold. The Board of Appeals must also be aware that if it allows Carlson to continue in his violations of Town laws and codes, the Board, its members, and its Chairman will in fact give their support to violations of laws that the Board has pledged to respect and enforce. Further research into the Carlson misconduct by County, State and Federal in- vestigators may uncover additional serious violations, including non- payment, or underpayment of taxes over the past 7 years. To conclude, Mr. Goehrlnger, I wish to make very clean that unless laws and codes are strictly adhered to by the Board in ruling on the Carlson affair, I will make it my utmost priority to make public the Boards's irresponsibility in the performance of its duties and will initiate ~-~,ediate legal action. Very truly yours, Andre Moraillon copies: Ted and Catherine Klos Frank Flynn F. M. Flynn P. O. Box 144 Southold, N. Y. 11971 Board Of Appeals Town of ~uthold Town Hall Main Road Southold, N. Y. 11971 Attn: ~erard P. Goehringer, Chairman Re; Application No. 3975 - Arthur G. Carlson June 20, 1992 Sirs: At the June 4, 1992 hearing on the captioned application, applicant's counsel introduces and discussed in support of his client~an Appe~ate Court decision in the matter of Town of Huntington et al, Appe~ants v. Barracuda Transportation Co., Inc., et al Respondents. Obviously I had no opportunity ~to analyze this decision and its ~ implications at that time. I am taking this opportunity to do so. Counsel placed reliance on on point with the apparent before the Board. this decision which is not remotely intention of obfuscating the matter By so doing, counsel is hoist on his own petard. ~ot only does this case have no significance in this matter, but in its decision the Court confirms my contention, so often stated before this Board, that: Resulations limitin~ the use of property must be strictly construed~and if there is any doubt as to their meaning it must be resolved in favor of the property owner." ( emphasis supplied) The case cited involves uses permitted in "General Business" districts in the Town of ~tuntington and has no bearing on uses permitted in "A - C" districts by the Southold Zoning Code. Further, the fact that the respondents were engaged in the shipping of seafood is a blatant attempt to confuse the issue 1) before the Board. Respondents could as well have been engaged in distributing "food milk or bakery goods." Significantly, respondents are engaged solely in distribution; there is no packaging, no bottling and no "warehousing". There was no processing involved. In addition, respondents were paid for the shipping, not for the food. !,lot b~the widest, and wildest, stretch of the imagination can this decision be related to the subject application. On the other hand, the Appellate C~urt's reference to rule ~equiring the strict construc tion of regulations~the use ef property is the heart of this matter and governs the Board's actions in this matter and in other applications for variances. S~ictly Construed / Strict Construction Defined "~ narow construction of a statute confining its operation to matters affermatively, definitely, irresistably or specifically pointed out by its terms , and to cases which fall fairly wihin its letter, or the clear, plain, obvious or natural import of the language used." (50 Am J 1st Stat Sec 388) Statute is defined as: An act of the legislature as an organized body." The Zoning Code of the Town of Southold is a legislative enactment and its regulations must be strictly construed. In the subject instance, the Town Board, in enacting the Zoning Code, has made affirmative provisions for the uses conducted (and proposed) by tire applicant in zoning districts other ~han A C districts. Thus , having made such provisions, the inent and will of the town's legislativ body has been specifically, clearly and obviously pointed out. 2) Fish Processin~ Defined (Southold Zonin~ Code Sec. 100 -13) "Fish Processing - The readying of fish and shellfish for shipping to market, including icing, cleaning, filieting, shuckingand the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other fish factory operations." Applicant's operations, present and proposed, as confirmed by his own statements, clearly constitute fish processing as defined by tire Zoning Code. Fish processing is not a permitted use in A - C districts. The Town Board has specified its clear intent by making affirmative for this use in ~] II districts as a special exception. (2) 3) Aquacultural v. Agricultural Use A bizarre attempt has been made to confuse the issue by attempting ~~y_~fiL~g maraculture with agriculture. The Zoning Code has drawn a clear distinction by making affirmative provisions for aquaculture as a matterof right in M II districts and by special exception in M I districts and by a distinct provision for agriculture in A - C and low density residential distr~ts. Even more bizarre is the attempt to equate fish with animals. Semantical debate aside, the intent of the Zoning Code is clea~y conveyed inits provisions. Sec. 100 - 13 of the Zoning Code defines Agriculture as: "The production, keeping or maintenance, for sale lease or personal use, of plants and animals useful to man, including but not limited toforages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any and all such animals; bees and apiary products; fur animals, fruits of all kinds, including grapes, nuts and berries, vegatables; floral, ornamental and greenhouse products; or lands devoted to asoil ~8~t£on or forestry management program? [.leither the extensive listing of permitted uses nor the clear import of the language make provision fo mara cultural use, much less for fish processing. Livestock is defined as: /'Domestic animals used or raised on a farm,especially those kept for profit." Even more definitive, Sec. 25 - 30 of the Zoning Code defines Agricultural Production as : "The production for commercial purposes of crops, livestock and livestock product, but not land or portions thereof used for processin~ or retail merchandizing of such crops~ livestock or livestock products. Land used in agricultural production shall include fences, equipmen't storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes." (emphasis supplied) Not even the most far reaching efforts can justify the applicant's .operations as the production of livestock. In addition, the use of agricultural land for livestock processing is proscribed. (3) 4 Regulations fo Agricultural - Conservation (A-C} Districts Southold Zoning Code Sec. 100 - 31 A (a) b} Use regulations: "In A - Ct R - 88, R - 120, R - 200 and R - 400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used , in whole or in part, for any use except the following: Permitted uses: "The following operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor or dust producin~ substan~ or use, except spraying and dusting to protect vegatation~ within one hundred fifty {150} feet of any lot line."(emphasis supplied) "The raising of field and garden crops,vinyard and orchard farming, the maintenance of nurseries and the seasonal sale of products ~rown on the premises~ subject to the following special requirements: (emphasis supplied) The keeping, br~ding, raising and training of horses, domestic animals and fow~ (except ducks¥ ~n lots of ten (10} ~cres or_more~" (emphasis supplied} The clear language of Sec. 100 - 31 of the Zoning Code confines the uses to those affirmatively stated and/or specifically p~ited out. Odor producing uses are specifically prohibited here and elsewhere in the Code. The district confines sales to those products grown on the premises. The plain language used permits the k~p~ng, breeding, raising and training of horses, fowl (except ducks) and, specifically, domestic animals. The attempt to equate shellfish ~ith animals in the context of the Code is ludicrous.. In this district the Code affirmatively allows for domestic animals. I don't believe even the applicant would maintain that shellfis~ are dome~c animals. I have never seen a domesticated shellfish, nor a trainable one. ~f one were so obtuse as to confuse^with domestic animals~ it still requires ten (10} acres to ke~, breed, raise and train domestic animals. ~ (4} It must be noted again that the intent of the Code is clear. It has made provision for both aquaculture and fish processing, but not in A - C districts. 5} ~onconforming Use The subject property's plot is nonconforming in size. The so-called "garage" in which th~ fish processing operation is is conducted, ' ~lso nonconforming. The original building for the fish pocessing operation was erected in 1982 in accordance with Building Permit No. 11574Z, dated 2/26/82. C. O. was isued 5/12/82. Applicant {Carlson) stated on application that eXisting use and occupancy was residential and that the intended use and occupancy was residential. He further stated that the new constuction was to be a two (2) car accessory garage. Applicant further stated that the proposed construction did not violate any zoning law, ordinance or regulation. It is worthy of note that, on the face of it, agarage 42'X24' and 16' in height, is an extraordinary size for a two ca~r garage on a one acre plot. The CoO. stateSthat building i~ an accessory 2 car garage and conforms to all of the requ±rements of the applicable provisions of law. The C.O. further states "The occupancy for which this certificate isissued is as accessory two car garage." Sec. 100 13 of the Zoning Code provides the following definition: "Garage Private - A bulling used as an accessory to the main building for the storage of one (1) or more gasoline or other power - driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected for the storage of not exceeding two {21 additional vehicles (not trucks) owned or used by the others, and in which no occupation business or service for profit is carried on without special permit." (emphasis supplied} Present fish procesing use is clearly in violation of the or~inance and C.O.~ and has been for some ten years. A so-called garage and storage addition to the existing "garage" ~as erected in accordance with ~uilding Permit No. 14209Z, dated 7/29/85. C.O. No. Z13848 is dated 9/12/85. Intended use ant occupancy was stated on application as garage a~extended storage area. Que~stion on form -" If business, commercial or mixed occupancyspecify nature and extent of each use" was left nnanswered. It was stated that proposed constructiondid not violate any zoning law, ordinance or regulation. ~ The C.O states that structure conforms substantially to Application for Building Permit and occupancy is addition to garage and storage building. C.O. further states "construction of above described building and p~mit meets all all applicable codes and regulations." It is apparent from the above that the entire application procedure was deceptive. The actual intent and use should have been apparent to Southold's Building Deparment at the very least at the time of inspecting the addition. The same may be said of the Board of Assessors. Property is stillassessed as a one family dwelling. THe garage addition which received a C.O. in 1985 did not appear on the assessment roll until 1990. 6) legal Requirements for a Use Variance. To obtain a use variance , applicant must m~t the standards of proof set by the Court of Appeals in Otto v. Steinhilber. The primary test is that the zoning be non-confiscatory; that the proPerty have value as zoned. The test is sometimes interpreted as a reasonable return (profit) on investment. ~ The plight (if~ any) of the~is not due to unique circumstances except those created by the owner's illegal use. Granting the variance would certainly alter the essential character of the neighborhood. During the course of these hearings an obvious effort has been made to meet the test o~financial hardship by adding to the original investment the cost of freezers etc. This would be the equivalent of granting a variance to the applicant because he had violated the law. Further, even if it were legal, as fixtures building permits would have been required. If personal property, they don't re~resent an investment in real property. .To reward the applicant for his illegal investment in freezers etc. is the equivalent of compensating a bootleger for his still. (6) 7) Proposed Use Application No. 3975 originated as an appeal for (claimed) maraculture uses to include delivery and storing of seafood, packaging , freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. The matter has evolved that the applicant now seeks a ruling ~,~mthe Board that aquacultural use falL;within the purview of agricultural use! and approval of a wholesale shellfish distribution business. The arguments against this application are so obvious as to scarcely require repetition. The Zoning Code clarly differentiates between aquacultural and agricultural use and provides seperate districts for the condut of each. The present use, are clearly fish is made for this and the use proposed by the owner's testimony, processing as defined in the Code. Provision use in the Code in a different district. The A-C district permits only the sale of products produced on the premises; clearly not the case in the subject instance. Uses emitting noxious odors are prohibited in all districts of the town. The Code permits wholesale and warehousing uses in LB districts, subject to site plan approval. These uses are also permitted in General Business districts. M II districts provide for wholesale and retail sale of finfish and shellfish as a special exception. The Code's intent is clear in that all these uses were anticipated and provide(! for in~ecific districts in the regulations.The language used in the Code is clear, plain and obvious. 8) Relationship to Potato Farming In a tenuou~and~ in my opinion far-fetched and desperate, effort to relate fish processing to potato farming, testimony was introduced regardincpotato farming. The clear conclusion is that potatoes are a form of ~plant life and their production is agricultural in nature and shellfis are a formof aquatic life. While the cultivatiun of shellfish and their harvesting may well be considered aquaculture, theirprocessing remote from their place of origin is not. (7) The potato farmers product remains whole and physically unchanged when shipped to market. The nature of a fish processing operation is that the product is phsically changed from its natural state~ is iced or frozen, frequently subjected to some form of processing involving heat. In addition a coniderable amount of by-products and waste are created involving problems of disposing of organic matter. 9} Enforcement Any process which emits noxious odo~rs is prohibited in all distric~ts in the Town of Southold. Protests about he subject operation have been filed with the town over a period of at least four years. Affidavits have been submitted and additional~ complaints filed with the police department Town officials have failed to investigate and act on these complaints. It is now proposed to conduct a test for odors on a prearranged basis, the emision of odors would then be subject to the owner's control. Why have not t~e appropriate enforcement agencies responded to neighbors complaints on a timely basis? The result of a scheduled test is foreordained. 10) Conclusion Statutes, i.e. Zoning Codes, are to be strictly construed by confining their operations to matters affirmatively, definitely, irresistably or specifically pointed out by their terms. The Southold Zoning Code makes provisions for the uses sought by the applicant, but in other than A C districts.The Code is sufficiently clear as to leave n~ ~0ubt as to its, and its framers, intent. The Southold Zoning Code makes a clear differentiation between aquaculture and agriculture by makink specific provision for their use in different districts. By Code definition, the proposed use is clearly fish processing. Were the bizarre conclusion reached that shellfish are animals, the clear provisions of the A-C district are for domestic animals, and then on a minimum ten acre plot. I have yet to encounter a domesticated shellfish. False statements have been made throughout as on the property and the C.O.'s issued due not either the present or proposed uses. to use of improvements provide for (8) The Board of A~ssors has neglected its to inspect the property. After ten years/property is still assessed as a one family dwelling. For the Board to have protrac~d these hearings in face of the information a~ailable to it and its attention, constitutes an unsemly charade. to this brought extent to In anticipation of application, I o a prompt and complete rejection remain, F. M. Flynn of this WILLIAM C. GOGGINS McNULTY - SPIESS ATTORNE:¥S &COUNSELORS AT LAW 51~- 727-8200 June 26, 19c~ EDWARD D. BURKE OFCOUNSEL Zoning Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application of Arthur G. Carlson; No. 3975 Gentlemen: It was the Applicant's understanding that the hearing was dosed for all purposes except adjourned specifically and solely for the purpose of providing Andre Moraiilon another opportunity to appear before the board and to pemdt any rebuttal testimony. Accordingly, I ask that the letter of F.M. Flynn dated June 20, 1990 which was submitted to the Zoning Board of Appeals on June 23, 1992 not be made part of the record. If the hearing was not closed on June 4, 1992, I respectfully request an opportunity to respond to the aforementioned letter of Mr. Flynn. Please advise. Very tnfly yours, WCG/cam To : BOARD OF APPEALS Town of Southold Southold, NY 11971 Andr~ MORAILLON 375 Akerly Pond Lane Southold, NY 11971 Gentlemen : New York, October 19, 1990 I have just learned that the meeting originally scheduled for Wednesday October 17, to discuss a petition for a variance by Arthur J. Carlson has been moved to Thursday November 1st. Both Mr. Ted Klos of Akerly Pond Lane and myself were going to attend the original meeting, to oppose Mr. Carlson,s petition, however, neither of us will be able to attend the November 1 meeting. Mr. Klos will be in convalescence from an operation in the hospital and I will be out of town on a business trip. The purpose of this letter is to ask if it will be possible to move this meeting to another date. Thanking you in advance. Respect fullM yours, Andr~ Moraillon PS.: Please send all correspondance to this address Andr~ Moraillon 225 Central Park West New York, NY 10024 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of : to the Board of Appeals of the Town of Southold TO: i~ (C: ~ H \V/ I~ IR\I OCT 2 4 i990 I i¢ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: '- Th~!~ntention of the undersigned to petition t~e Board of Appea s of the Town of Southold to request a~ariance)_~pec,al Except,on)(Special Permit) (Other) [circle choicel 2. That the property which is tt'ffsubi.~ct of, the Petition is located adjacent to your property and is des- cribed as follows: / 3. That .{,~e property ~k, ich is the subiet~ of such Petit[an is IocatedJn the f~ollowin~,,z0ning district: 4 Thai h'~ s~.lch Petition, the undersigned will request tile following relief: U v / " ',.,,~' ' ~v-' '¢- -"':~' "6,~''- $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by /he Under- signed are Article ~ Section /_/9~/5 -- ~ ~ [ ] Section 280-^, New York low. Law for approval of access over ri§ht(s)-of-way.* 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (5].6) 76'5-3.809. 7. That befure the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ¢-~'---~" ~q, "'~' ~ [Copy of sketch purposes.] or plan showing proposal to be attached for convenience ' FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy Date THIS CERTIFIES that the building ..................... , ......... , .............. Sou o,:L.¢ Loardm, ~' ~,~,J,b ~/o: .... Street County Tax Map No. 1000 Section 069. .... Block O~ .Lot .................. Filed Map No ......... Lot 1~o... Subdivision ............. Requiremen%s for a one family dwelling conforms substantially to the ~ - ~- :- ' ' :; ....A.p?$.~..2.~ ......... 1~.~.. pursuant to which~ ............ dated ...0.qt..o.b.e.r..2.~ .............. 197.9... wu ~ued, and conforms to a~ o~ of the appBcable provLsions of the law. The occupancy for wl~ch th~ certificate is L~ued ................... .0~..F.ea~y..I~e~.~ng ................................. The certificate is ~ued to .... ~.~.~,J,~l. ~., ~el~. ~ .W:~, ............. ~, .... (ownet~~l~ of the aforesaid building. UNDERWRITERS CERTIFICATE NO ............. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building !n~poo~or Town Hall Southold, N.Y, Certificate Of Occupancy No .................. Date ............... , the building addition THIS CERTIFIES that ................................................ 1675 Lower Rd. $outhold '~' "'"' ' Location ...... of Property .~'__--_._-_- ~__--. _ _-_ , .. ·; ............ _ _. ~...';;;, County Tax Map No. lO00 Section · ~ ~ .Block Lot ..... ~,,. ,,,..~. Subdivision ............................... Fi~ed Mai3 No ......... Lot No ...., ......... conforms substantially to the Application for Building Permit heretofore filed in th/s o[ft~ dat~ July 29 8.5. pursuant to which Buildin~ Permit No; 1/~204Z ..................... ,19 ........ dated .... August 16. 19 of the applicable provialon~ of th, law. The occupa~y for which ~1~ cer~ificat~ Addition to garage & storage building. ..... . .................................................. ,,.. ......... ARTHUR CARLSON T~e cemficate a ~,,ued to...... .............. ' /o'~',~t44~ ........... '""""'· of the aforesaid buildh~g. N/A guffoU[ County Depa~lment of Health Approval ............................... N/A UNDERWRITERS CERTIFICATE NO ...................................... Buildin$ Inspector' -. ~ Rev. 1/~1 FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z.l.OgB6 ..... ' ... Date ....... ~la¥..1.2...: ............. THIS CERTIFIES that tlie building. ,-.. Location of Property .. 15 .15. House No. Street County Tax Map No. 1000 Section ...06 Subdivision ....~f .......................... Filed Map No. ~. ...... Lo/No... X. ......... conforms substantially to the Application for Building. Permit lieretofore £fle~t in this office dated ·. Fia.b.~.~ a tlr.. 2 ~ ...... ,19 ~.2 pursuant to whicli Building Permit No... 1 ] 5.?./i. ~ .......... , dated .... F.e, brua~.y. 26 ........... 19 8~,, was issued, and conforms to all of the requir~4lle, ntlt of tile applicable provisions of the law. The occupancy for which this certificate is issued is .... ~.,,, ~, The certificate is issued to .....Ar.t, liur..G,. ¢.a~.l,a pA ................................. [owner, Ja-c~a ar..~aae~l of the aforesaid building. ~- Suffolk County Department of Health Approval ........ .nZI' .............................. UNDERWRITERS CERTIFICATE NO I:1 .5.5~92.8. . Building Inspector Re~. 1181 ..JOHN R. HCNULTY JAHE$ McNULTY- SPIE$S November 5, 1991 NOV - 6 1991 Mr. Gearld P. Goehringer Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 HAND DELIVERED Re: Application No. 3975 Application for an interpretation made by Arthur G. Carlson Dear Mr. Goehringer: In response to your letter dated October 22, 1991, enclosed please find the info,,iiation requested: 1. A new appeal form; 2. A parking plan of the property site; and 3. An affidavit of activities conducted at the site. If you have any questions or require additional infoimation, please do not hesitate to contact the undersigned. Very truly yours, WCG/cam Enclosure AFFIDAVIT NOV 6 1991 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) Arthur Carlson being duly sworn deposes and says: I operate a wholesale shellfish distribution business. Local Southold Town Bay-man farm the local waters to obtain a variety of shellfish including conch, scallops, lobsters and mussels. However, due to the brown tide conditions of late in the Peconlc Bay and other local bays, we have been processing conch and lobster exclusively. Simply put my business is transacted as follows: I pay local baymen for the shellfish that they farm from the local waters. I clean and package the shellfish and then distribute same to retail operations outside of the Town of Southold. What I like best about the business is the fact that non-Southold Town residents provide income for me, my son and local baymen all of whom are Southold Town Residents. We do no retail business at the premises. We do not earn a profit at the expense of the residents of the Town of Southold. As far as traffic is concerned, traffic that exists at the site is in the fount of {1) baymen arriving in their pickup trucks to sell me their days catch; and (2) my delivery truck departing from the premises. During the off season (late fall, winter and early spring) there is no vehicular movement on the premises, except that my son and I each own a private vehicle. A copy of the survey of the property is enclosed. In response to the Board's inquiry of the activities that relate to storage areas, inside food processing areas and loading areas, we have a large barn and garage on the premises. Inside the barn we have a large cooler together with several sinks and steamers. In the garage, we have a scallop processing area. The processing operation in both the barn and the garage are licensed and constantly inspected by the Department of Environmental Conservation and the Department of Agriculture and Markets. Any additional information regarding the transaction of my business, I will gladfully provide. Sworn to before me this ~(W~day of November, 1991. N~;FAt~Y No. 4~ ARTHUR CARLSON APPLICATION OF ARTHUR G. CARLSON BEFORE THE ZONING BOARD OF APPEALS. AFFIDAVIT McNULTY - SPIESS 6,33 East Main Street P.O. Box 757 Riverhead, N.Y. 11901 (516) 727-8200 Service of the within is hereby admitted. Dated: Attorney(s) for NOV ~,8 I~1 £o00 - o & o~.'- .5'~ .' £~ . ,~ r APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. ¥illa Telephone (516) 765-1809 Appeal No. 3975 County Tax Map No. Location of Project: BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Project Name: Arthur Carlson 1000- 69-5-]3.2 ]575 Lower Rd., S0uth0]d, NY ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dec. 16, 1991 Relief Requested/Jurisdiction Before This Board in this Project: To show amendment for interpretation only, as of lO/ll/91 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 g44-4 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 SEQRAAction, 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 Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. of mc McNULTY - SPIESS November 7, 1991 Mr. Gerald P. Geohringer, Chahman Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 HAND DELIVERED Re: Application No 3975; ApplicaUon for an interpretation made by Arthur G. Carlson Dear Mr. Geohringer: Enclosed please find a document entitled "shellfish proccesing operation" and a document entitled "additional site information" together with a reference map. Said documents contain information in connection with the above referenced application. Please address any further inquires to the undersigned. Very truly yours, WILLIAM C. GOGGINS WCG/cam Enclosures cc: Mr. Arthur Carlson SHELLFISH PROCESSING OPERATION A. SCALLOPS 1. Scallops are opened; 2. Packaged in one gallon sacks; 3. Stored in cooler; and then 4. Scallops are shipped for delivery. B. CONCHS 1. Conchs are stored in cooler; 2. Steamed; 3. Shucked; 4. Washed; 5. Packed; 6. Frozen; and then 7. Conchs are shipped for delivery. C. LOBSTERS 1. Lobsters are weighed; 2. Sorted; 3. Stored in cooler; and then 4. Lobsters are shipped for delivery. ADDITIONAL SITE INFORMATION There are three buildings on the premises, a two story private residence, a barn and a garage. The two story house is the private residence of Arthur Carlson and one of his sons. The house is approximately 2000 square feet in area and is serviced by a grease trap and cesspool. Attached hereto is a map indicating the location of said cesspool and other references that will be made herein. Please note, the cesspool that services the house is located between the house and the property of I/los. The barn is approximately 900 square feet in area and it is serviced by two cesspools. Inside the barn there is a freezer, cooler, a sink and a shucking bench. The barn is used for the processing of conchs and lobsters. When no activity exists relative to said processing, the barn is used to park the delivery truck which is the sole vehicle of the family business. The garage is used primarily to park the private vehicle of Arthur Carlson. During scallop season the garage is used as a scallop shop. The perimeter of the inside of the garage is a series of benches and a sink. Attached to the garage is an area used for equipment and storage; an area used as a tool room, and an area where a cooler is located. The garage and its adjoining areas is approximately 1200 square feet. The family business employs Arthur Carlson. His son, Claude Carlson, and grandson, Dwayne Carlson are the only other employees. Dwayne is a part time employee and a part time student. Any other workers on the premises are hired as subcontractors. The business has always been and will continue to be family owned and operated. OF SOUTHOLD, NEW APPEAr. FROM DECISION OF BUILDING INSP[CTOR APPFJkL NO. DATE Q£.to.be~:.. 2K,..1991 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, <-~'~-..Ar. thu.r..£ar.l.s~ ................................... of ...1.5.Z.5....L..o..w.e..r....Rg..a.d.. ........................................... Name of Appellant Street and Number Southold New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED October 11, 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) Nome of Applicant for permit of ...... .t..5.Z ~...L..o.~.C r...Ro.~.d. ,...~u.tJ~.o.l.4 ,.. ~.e~...Y.or..ff ....................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ]k~.Z~. Leben R~.~¢~, $.Qu~ho.l.~.,...N..e.~...Y.~r.~ .................. Street /Hamle~ / Use District on Zoning Map District 1000 Section 69 Block 5 Lot 13.2Current Owner Arthur Carlson Mop No. Lot No. ~::' Prior Owner Jud__it__h Terry 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 III Section 100-31- A (2) 3 TYPE OF APPEAL Appeal is made herewith ior (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 (X) [nterpretation of above zoning ordinance 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special perrnlt ( ) request for a variance an amendment tq ..3.9.7..5 ....................... Dated ....Augu~i.t..2[. 19,9.0. ...................... .......... andr-~o~- ~ i-r~ r, pp ea No. REASON FOR APPEAL ( ) A Variance to Section 280A Subsectian 3 ( ) A Variance to the Zoning Ordinance (~<) Amended Application to appeal #3975 for an interpretation (Continue on other side) FOR ! STRICT APPLIC/\TION OF THE ORDINANCE ~auid produce practical dilficuit,es ar unneces- scrv HARDSHIP because strict enforcement o~ the Southold Town Code would effectively put us out of business and indirectly adversely affect many local Southold Town Fisherman. The Southold Town Code does not adequitly protect the fisherman of our Town. Accordingly, we ask that the code treat residents engaged in the aquacultural busin'ess and the agricultural business equally. We are engaged in the business of packaging and distribution of locally produced aquatic products; just as farmers are engaged in the business of packaging and distribution of vegetables, and as wineries are engaged in the business of pack- againg and distribution of wine. . . ~. ~¢~ xmxctx~ k~Xt~(X~ x~lCk~liifxxliW~x x~ x x~l~xXmx~X~ x~ x<xb~x~x ~ x ~xRx ~k xe~mxxzrmx STATE OF NEW YORK ) . , ............ : ....... ~'~' ............ ) ss Signature COUNTY OF SUFFOLK ) AUTHUR CARLSON Sworn to this ............... ~ ........................ : day of....0.c.t.abe~. .......... ' ............................. 19 91 ..... ..... APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the $outhold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY,M3%RCH 25, 1992 com~aencing at the times specified below: (1) 7:32 p.m. Appl. No. 4090 - MRs. AND MRS. H. LLOYD KANEV. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road ~3), East Marion, NY; County Tax Map Parcel ID 1000021-01-27.1 (inclusive of Lot #s 11, 13.3, 27, 29, & 30). (2) 7:40. p.m. App!. No. 4086 - ANTHONY AND HELEN COUTSOUROS. This is an application requesting a determination confirming or Southold Town Board of Appeals recognizing this nonconforming vacant lot as a substandard lot, under Article III, Section 100-32A, and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 feet. (3 & 4) 7:45 p.m. Applications by WILLIAM C. GOODALE (Owner) and RICHARD GOODALE (Tenant) concerning premises known as 7655 Main'Road, Laurel (near Mattituck), NY, County Tax Map Parcel No. 1000-122-06-30.1 (previously 30), under: (a) Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 36,155 ft. parcel. Third principal use is for the establishment car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a Appl. No. 4092 for a Variance to the Zoning Ordinance, sq. of new Southold Town Board of Appeals variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. (b) Appl. No. 4093 - WILLIAM C. GOODALE (Owner) for a Special Exception under Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales estblishment, (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. (5) 8:00 p.m. Appl. No. 4070 - DALCHET CORP., WILLIAM AND LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed Lot No. 3 containing less than 80,000 sq. ft. in this R-80 zone district {the remaining four lots will meet the 80,000 sq. ft. size requirement}, and/or: (b) Article XVIII, Section 100-181C(2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly side of Harbor Lane, -5- Southold Town Board of Appeals Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. (6) 8:20 p.m. Appl. No. 3975 - ARS~qlPR G. CARLSON. This is an appeal for an interpretation, resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that aquacultural use falls within the purview of agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-04-23; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board lO/1/7g. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: March 5, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/10/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) Southold Town Board of A~peals Individual Files and Board Members Town Clerk Bulletin Board Mr. Robert T. Bayley, A.I.A. (Re: Kanev) 150 Lakeview Terrace, Box 595, East Marion, NY 11939 Demetrios R. Halikias, Esq. (Re: Coutsouros) Peachtree Executive Park, P.O. Box 209, Riverhead 11901 Richard F. Lark, Esq. (Re: Dalchet Corp. & Orlowski) P.O. Box 973, Cutchogue, NY 11935 William C. Goggins, Esq. (Re: Carlson) McNulty - Spiess, 633 East Main St., Box 757, Riverhead Mr. Arthur G. Carlson, P.O. Box 673, Mr. Andre Moraillon (Re: Carlson) 225 Central Park West, Apt. 1107, NY, Mr. Frank Flynn, P.O. Box 144, Southold, Mr. and Mrs. Southold, NY 11971 NY 10024 NY 11971 Theodore Klos, 475 Akerly Pond Lane, Southold 11971 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. BOARD OF APPEALS Robert A. Villa Telephone(516) 765-1809 TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Appeal No. 3975 Project Name: Arthur Carlson county Tax Map No. 1000- 69-5-]3.2 Location of Project: ]575 Lower Rd., S0uth0]d, NY SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ; Fax (516) 765-1823 Telephone (516) 765-1800 Dec. 16, 1991 Relief Requested/Jurisdiction Before This Board in this Project: TO show amendment for interpretation on]y, as of 10/]]/9] 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 ~ike]y to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written cormnents 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 Appeals, Town Hall, Main Road,.Southold, NY 11971 at (516) 765-1809. mc of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~ctober 22, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Appl. No. 3975 - Interpretation (Carlson Property) Dear Mr. Goggins: We have reviewed the changes to the appeal application (copies) and have noted for the record that that portion of the amended application with respect to Special Exception consideration under the wineries section (Section 100-31B-13) should be deleted from consideration. Also, noted for the record is the disapproval, as corrected and modified on October 11, 1991 on the grounds pertaining to the need for an interpretation under permitted uses in the agricultural-conservation zone district, Section 100-31A(2). In our July 22, 1991 letter, three items were requested; the first two having been furnished, and the last item requesting a description of activities affected by this appeal and concerning the subject premises outstanding. Please furnish the following within the next 15 days in order that this matter may be calendared for a public hearing. a) a blank appeal form for completion and submission. {It is not appropriate to amend the application filed almost a year ago particularly since the Notice of Disapproval was not corrected until October 11, 1991. Therefore, a new original form must be written, signed, notarized, and submitted.t b) a parking plan is necessary to show the number of spaces applicable to not only the residential use of the principal ~Pa~e 2 - Appl. No. ~5 To: William C. Gogglns, Esq. building but also all other uses to be conducted at the site, including outside storage areas, loading areas, employees or other workers, retail or wholesaling areas, etc. c) a list of all activities related to the interpretation request, as well as retailing, wholesaling off-premises, trucking and loading on-premises, resident parking and other vehicle parking, storage areas, inside food processing areas, loading, and the like. (Please see ZBA request of 7/22/91). After receipt and review of the above documents, this matter will be advertised for a public hearing. Very truly yours~,__~ CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 nctober 22, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Appl. No. 3975 - Interpretation (Carlson Property) Dear Mr. Goggins: We have reviewed the changes to the appeal application (copies) and have noted for the record that that portion of the amended application with respect to Special Exception consideration under the wineries section (Section 100-31B-13) should be deleted from consideration. Also, noted for the record is the disapproval, as corrected and modified on October 11, 1991 on the grounds pertaining to the need for an interpretation under permitted uses in the agricultural-conservation zone district, Section 100-31A(2). In our July 22, 1991 letter, three items were requested; the first two having been furnished, and the last item requesting a description of activities affected by this appeal and concerning the subject premises outstanding. Please furnish the following within the next 15 days in order that this matter may be calendared for a public hearing. a) a blank appeal form for completion and submission. {It is not appropriate to amend the application filed almost a year ago particularly since the Notice of Disapproval was not corrected until October 11, 1991. Therefore, a new original form must be written, signed, notarized, and submitted.t b) a parking plan is necessary to show the number of spaces applicable to not only the residential use of the principal Page 2 - Appl. No. 3975 To: William C. Goggins, Esq. building but also all other uses to be conducted at the site, including outside storage areas, loading areas, employees or other workers, retail or wholesaling areas, etc. c) a list of all activities related to the interpretation request, as well as retailing, wholesaling off-premises, trucking and loading on-premises, resident parking and other vehicle parking, storage areas, inside food processing areas, loading, and the like. (Please see ZBA request of 7/22/91). After receipt and review of the above documents, this matter will be advertised for a public hearing. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 actober 22, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Appl. No. 3975 - Interpretation (Carlson Property) Dear Mr. Goggins: We have reviewed the changes to the appeal application (copies) and have noted for the record that that portion of the amended application with respect to Special Exception consideration under the wineries section (Section 100-31B-13) should be deleted from consideration. Also, noted for the record is the disapproval, as corrected and modified on October 11, 1991 on the grounds pertaining to the need for an interpretation under permitted uses in the agricultural-conservation zone district, Section 100-31A(2). In our July 22, 1991 letter, three items were requested; the first two having been furnished, and the last item requesting a description of activities affected by this appeal and concerning the subject premises outstanding. Please furnish the following within the next 15 days in order that this matter may be calendared for a public hearing. a) a blank appeal form for completion and submission. {It is not appropriate to amend the application filed almost a year ago particularly since the Notice of Disapproval was not corrected until October 11, 1991. Therefore, a new original form must be written, signed, notarized, and submitted.~ b) a parking plan is necessary to show the n~mber of spaces applicable to not only the residential use of the principal Page 2 - Appl. No. 3975 To: William C. Goggins, Esq. building but also all other uses to be conducted at the site, including outside storage areas, loading areas, employees or other workers, retail or wholesaling areas, etc. c) a list of all activities related to the interpretation request, as well as retailing, wholesaling off-premises, trucking and loading on-premises, resident parking and other vehicle parking, storage areas, inside food processing areas, loading, and the like. (Please see ZBA request of 7/22/91). After receipt and review of the above documents, this matter will be advertised for a public hearing. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~ctober 22, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Appl. No. 3975 - Interpretation (Carlson Property) Dear Mr. Goggins: We have reviewed the changes to the appeal application (copies) and have noted for the record that that portion of the amended application with respect to Special Exception consideration under the wineries section (Section 100-31B-13) should be deleted from consideration. Also, noted for the record is the disapproval, as corrected and modified on October 11, 1991 on the grounds pertaining to the need for an interpretation under permitted uses in the agricultural-conservation zone district, Section 100-31A(2). In our July 22, 1991 letter, three items were requested; the first two having been furnished, and the last item requesting a description of activities affected by this appeal and concerning the subject premises outstanding. Please furnish the following within the next 15 days in order that this matter may be calendared for a public hearing. a) a blank appeal form for completion and submission. {It is not appropriate to amend the.application filed almost a year ago particularly since the Notice of Disapproval was not corrected until October 11, 1991. Therefore, a new original form must be written, signed, notarized, and submitted.t b) a parking plan is necessary to show the number of spaces applicable to not only the residential use of the principal Page 2 - Appl. No. 3975 To: William C. Goggins, Esq. building but also all other uses to be conducted at the site, including outside storage areas, loading areas, employees or other workers, retail or wholesaling areas, etc. c) a list of all activities related to the interpretation request, as well as retailing, wholesaling off-premises, trucking and loading on-premises, resident parking and other vehicle parking, storage areas, inside food processing areas, loading, and the like. (Please see ZBA request of 7/22/91). After receipt and review of the above documents, this matter will be advertised for a public hearing. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN ,.JOHN R. IflcNULTY ~AH£S SP1£$$ WILLIAM C. GOGGIN$ McNULTY - SPIESS October 15, 1991 Southold Town Board of Appeals Southold Town Hall 53095 MaLn Read P.O. Box 1179 Southold, New York 11971 Re: Application of Arthur G. Carlson Gentlemen: Please be informed that an amended Notice of Disapproval was submitted to your office. Consequently, the above referenced application is now properly before the Board of Appeals and can now be scheduled for a hearing date. If you have any questions or require additional information, please do not hesitate to contact the undersigned. Very truly yours, WILLIAM C. ~INS WCG/cam cc: Arthur G. Carlson LI~SSARD BUILDING INSPECTOR ~516~7654802 FAX (516) 7654823 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 August 20, 1990 Mr. Arthur G. Carlson 1675 Lower Road Southold, New York 11971 Re: Illegal Business @ 1675 Lower Road, Southold, N.Y. Suffolk Co. Tax Map #1000-69-05-13.2 Dear Mr. Carlson: The Supervisor's office has received a complaint regarding the processing of shellfish that is being done on the above referenced property. According to Article III Chap. 100-31 a commercial use is not allowed in an A-C District, the district your property is zoned. In order to avoid legal action you must contact the Southold Town Building Department immediately and cease commercial operations. Thank you for your cooperation in resolving this matter. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Vincent R. Wieczorek Ordinance Inspector VRW: gar ACTIVITY NUMBER CLASS CODE I CASE ~'PE HOW RECEIVED 0 T ~,' BLOOK m o INTERSECTION O ~( PRIVATE HOME N PERSON INVOLVEMEN~ CODES P INCIDENT REPORT Southold Town Police Department Route 25 P~ccnic, New York 11958 516-765-2600 E R S O N S [] CRIMINAL CASE ~ NON CRIMINAL [3 PUBUC BLDG. CJ PUBLIC PARK [3 PARKING LOT COMPLAINANT F - FINDER M - MISSING PERSON DRIVE R I - INJURED / AIDED O - OWNER E~PLOYEE J - JUVENILE P - POLICE OFFICER LAST NAME MI LAST NAME FIRST HGT OCCURRED FROM TO mll li991 )ESK OFFICER ~FPE DIR APT. SECTOR D SCHOOL [~ COUNTRYCLUB~GROUNDS ~] BANK [3 OTHER ~] CHURCH HRS HRS R - REPORTING PERSON V - VICTIM S - SUSPECT W - WITNESS U * UNKNOWN Z - OT~4ER E ' L COMPLEXION I -AMERICAN INDIAN O - O~'{E R W - WHll~ ADDRESS HOME PHONE I BUSINESS PHONE OCCUPATION I DOS HGT EYES HAIR COMPLEXION BLDG. DEFT. PDTS-1A P ¥ E $ PROPERTYINVOLVEMENTCODES C-CONFISCATED E-EVIDENCE I-IMPOUNDED L-LOST R-RECOVERED U-UNKNOWN D-DAMAG~ F-FOUND K-SAFEKEEPING S-STOLEN X-DESTROYED Z* OTHER VEHICLEINVOLVEMENT CODES A-ABANDONED H-24 HOURS M-REPOSSESSED U-UNKNOWN C-DAMAGED I-IMPOUNDED R-REDOVEREO W-SUSPECT F-LARCENY N-UNAUTHORJZEC USE S-STOLEN Z- OTHER CODE VIN J VEHICLE CONDITION DAMAGE LOCATION ~ J DATE & TIME TOWED BY/TO MODE OF ENTRY I POINT OF ENTRY STRUCTURE TYPE SUSPECTS ACTIVITIES DURING CRIME SECURITY USED INVESTIGATION EVIDENCE OBTAINED WAS SUSPECT ARRESTED CAN SUSPECT BE NAMED CAN SUSPECT BE LOCATED CAN SUSPECT BE DESCRIBED WITNESS TO CRIME ALL CRIME ELEMENTS PRESENT SIGNIFICANT MO MAJOR INJURY OR RAPE INV~D PROPERTY TRADEABLE -- CAN SUSPECT BE IDENTIFIED SIGN PHYS EVIDENCE CAN SUSP VEH BE IDENTIFIED DATE~IME CASE STATUS CODE A- ACTIVE C- CLEARED BY ARREST D-UNFOUNDED EXCEPTIONAL CLEARANCE FILE SUMMONS ISSUED DATE AND TIME FORWARD COPIES TO DATA ENTRY BY DATE ':AR ~A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: INTER-OFFICE MEMORANDUM Vi ctor G . Lessar d . Pri nci pa I B u i l di ng l n specto~'~, September 27. 1991 RE: Application of Arthur Carlson Attached hereto please find a letter from Bill Goggins the attorney representing Arthur Carlson, dated September 26, 1991. In the event that Mr. Goggins requests a new or corrected Notice of Disapproval from you, kindly contact me so that we have an opportunity to review same together. cc: Gerard P. Goehringer. Chairman. Zoning Board of Appeals WILLIANI C. GOGGINS McNULTY - SPIE~3S ATTORNEYS ~ COUNSELORS AT LAW September 26, 1991 Mr. Gerald P. Goehringer ChaiL~man Board of Appeals Town Hall 53095 Main Road P,O. Box 1179 Southold, NewYork 11971 Re: Application of Arthur Carlson Dear Mr. Goehringer: In response to your letter dated September 16, 1991, in order to remove any jurisdictional defect in the above referenced matter, the "Notice of Disapproval" dated August 23, 1990 should be amended. Sometime in February, 1990, Arthur Carlson approached the Town to clear any apparent or alleged violations to his property. The Town instructed Mr. Carlson to submit a building permit and in response the Town would deny same allowing Mr. Carlson to be heard before the Zoning Board of Appeals. Accordingly, the permit was submitted and denied by virtue of a "Notice of Disapproval" dated August 23, 1990 citing Article III, Section 100-30 of the Southold Town Code, and the Zoning Board of Appeals heard the matter on November 1, 1990. Sometime in January, 1991, Mr. Carlson hired my firm to represent him. I moved to amend the application, and requested a new hearing. Because Mr. Carlson is asking for a "use" interpretation, we submitted an application asking for an interpretation of the use. The defect in the application lies in the aforementioned "Notice of Disapproval" which cites Article III, Section 100-30 which is the "purpose" section of the code, and consequently has no bearing on a use interpretation. I believe that someone in the building department simply incorrectly McNULTY- sPIESS A~FORNEYS ~ COUNSELORS AT LAW Mr. Gerald P. Goehringer September 26, 1991 Page 2 transcribed the wrong section, in that although someone cited Section 100-30 he or she meant to cite Article III, Section 100-3lA. I believe that the inadvertent mistake can be corrected Nunc Pro Tunc, and I will pursue same. Please note that I have not been ignoring this application. In response to your letter dated July 22, 1991 and to a letter signed by Supervisor Scott Harris addressed to Mr, Ted Klos and Mr. Andre Moraillon dated July 24, 1991, I met with Assistant Town Attorney Matthew Kiernan to discuss this matter to explore possible alternatives. Mr. Kiernan and I then met with Mr. Victor Lessard to discuss the aforementioned "Notice of Disapproval". At the time the Building Department's file on Arthur Carlson was missing so no action was taken. If you would like to discuss this matter, I am willing to meet with you at your convenience. WCG/blk cc: Matthew G. Kiernan, Esq. Very truly yours, . o. s/ ,1~-16~ (2/87~--Tex 12 PROJECT I.D. NUMBER 617.21%. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSblENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. p NT/~PONSOR i 3, PR~E~ LOCATION: 4. PRECISE LOCATION (Street address and roa~ intersections, p;~,,,;,,i,,i landmarks, etc., or provide m~) SEQR 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: r-I Moditlcationlalt eraflon EXISTING LAND USE RESTRICTIONS? ?. AMOUNT OF LAND AFFECTED: Initially , . ./ acres Ultimately . 8. WILL PROPOSED A ION COMPLY WITH EXISTING ZONING OR OTHER [] Yes ~No If NO, describe briefly 9. WHAT ~S PRESENT LAND USE IN VICINITY OF PROJECT? A~g~icu [] Residential [] Industrial ?,[] Commercial Iture [] Pa,klFomstlOpen space Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl.. 11. [] NO If yes, list agency(s) and permil/aoprovals O ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I~Y~s [] No If ye~. list agency name and permitlaDproval ' 12. AS A RESULT OF E OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICAT ON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Dale: the action is in the Coastal Area, and you are a state agency, complete the Coastnl Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.y.$. Rnviro~mental Quality Review Act requires submission Of thls form, and an enviro'n~ental review will be made by this board before any action is taken. SRORT ENVIRONMENTAL ASSESSMEN? FOR~! ~NSTRUCTIONS: (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 end 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) ~nvlronmental Assessmene 1. Will project result in a large physical change " to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? ~Yes ~No 3. Will project alter or have a large effect on ~N an existing body of water? ___Yes . o 4. Will project have a potentially large, impact on groundwater quality? ~Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes 6. Will project affect any threatened or endangered ~N plant or animal species? ____Yes o 7. Will project result in a major adverse effect on air quality? 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 ~o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical ~N environmental area by a local agency? ____Yes o i0. Will project have a m~jor effect on existing or future recreational opportunities? ____Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation ~N ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ~N ance as a resul~ of the project's Operation? _.__Yes 13. Will project have any impact on public health 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~-~ of the community or neighborhood? ~5. Is there public controversy COncerning the ZSA ~/75 Date: / QUESTIO::NAIRE TO BE CO:.IPLETED AND SUBMITTED ~TI! YOUR APPLICATION FO?J.IS TO TIIE BOARD OF APPEAr.-~ Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your SUrvey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ~ ~ No such as patios, foundations, etc? ~ ~ground level, 4. Are there any existing o,~ proposed fences, concrete barriers,..decks, etc? ~ D~ ~ ~o~. ~ No 5. If project is proposed for an accessory building or '" structure, i~ total height at more than 18 feet above average ground 1-~17 State total: ...... ft. Yes ~ If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1~17 State total: ........... ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Xes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ~ Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an -'' inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time ~ ~7~c~ ~ and proposed . ~tv~ ~ ~ C ~ ~ Please submit photographs £or the record. Yes Yes Yes Yes Yes Yes Yes I certify that the above statements are true and are being submitted for .. rel~ the B~z~Appeals in considering my application. .; Signature '(Propergy Owner) (Authorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. :/-197G; 85 by L.I.. No./3-1985]: A. TIDAL WETI,ANDS: (1) Ail lands ~enernlly covered or /n~rmit~ntly ered with, or which bordnr on, tidal w=~, or lyinK beneath tidal wnte~, which at mean Iow fide . are covered by tidal waters to a maximum depth of five (5) feet. includin~ but not limited ~ bank~ bo~. salt marsh, swamps, meadow~, flaL~ or ot~r low lying lands subject ~ tidal action: (2) All banks, bo~. meadows, fla~ and tidM subject ~ such tides and upon which grows or grow some or any of the folloxvin~ salt hay. bilk grass, saltwort, sea lavender, tall cord~ra~ high bush. cattails, groundscl, marshmallow and Iow march cordgrass; ami/ny (3) All land immediately adjacent to a tidal wetland aa defined in Subsection A/g) and lying w/thin seven- ty-five (75} feet lamlward of the most landward edge of such a tidal wetland. FRESIIWATER WETI,ANDS: (I) "Freshwater wetlands~ as defined in Articla 24. Ti- tle 1, § 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Couservatiou Law of the State of New York: and (2) Ail land immediately adjacent to -'t "freshwater wet- land." as defined in Subsection B(1) sod lying wiUt- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 Lstricl ~ction F JUDITH T. TERRY, residing At ~00 Highwood ~ad ~ ''~ ~rtyof~efir~,~d ~RTHUR Go Sou~old~ CARLSON, residing at 1515 New York 11971, party of the second par~, WITNF..~EI~I, that ~he party of the ~rst part,/n consideration of TEN .($10.00) hw/~moneyot the United State% and other by the ~arty of the second pa~, does hereby grant and roiease unto the ~ of ~the second ~uc_~e~__~rs ~nd ~si~ns of the party of the second pan forever, with the buildings and ALL that certain plot, piec~ or parcel of land, ~ga~db~hu~ at Southold in the Town of Southold, and State of New York bounded and described as ~GINNING at a'-monument on the 228.89 feet Southwesterly fro~ the c~rner formed by the ~of the Westerly side gf Lower Eoa~ W~h t~.~ ~ou~he~l~ Pond Road, ., . , ~RUNNING THENCE along the Westerly side of Lower Road 10 minutes 20 seconds West 205 feet t? a :corner of lands no~ ~r for~r~y o~;, , ~ ~RUNNING THENCE along said last mentioned lands minutes 30 seconds West 217 feet ~ -formerly of JUDITH T? TERRY; ,~,:- RUNNING THENCE along said last' mentiOned'l minutes 40 seconds East 170.92.f~et~ THENCE continuing along said~lands Of Terry:andalong of lands now or formerly of McConne!l~ SOuthT~ RUNNING THENCE along the Southerly~lxno of~il$ nowo~ Klos ann ~oraillon' South 75 degrees 47 minute~A~137.44 fee erl~ side of.:Low~r Road;ati.,~he;po~ntaOZ~pLao~,"Of;B~ Together with a Right of Way of ingr¢~ .~1d described premises: ALL~:that,"certain~plo~,: piece_~'parce~:.'o~~ being at Southold in' the Town of Southold o~.NeW'York,:'b~Unded.;and BEGINNING 'at,a'~monUmen~: se~:on':~he' S~Uthe~l~ line of a~ithe Northwesterlycorher o~.land~e oorn~'of'.:la~d'of~Judith'Terry; ~% ~:aGuU'u~]'i' L~:3.~J of McConnell~ South 8 degrees 07 ~~"~.~'79%~e~re~13~:'mlnutes West, 1~. 02' ,T~C;~'3~ :~'& ~:,w-,..~ ', .~ ,, ..... '~ · - - .~ '-" feet to sai~ Somberly line of Ackerly Pon~ S~U~%=ly l~e~ North· 85 ~egrees 35 minutes roads abutti,,g the above described pre. mi.sea to the center lines thereof, TO~TI'IF.~ with the appurtenances and nil the estate and right~ of the ~ of said premises. : ,: TO I'~.VE ~ ~0 HO~) the premises here~ ~a~ut~d unto the par~y of t~ secon~ succesiors and ~sign,l.o! the party of the second pm't foro~. AND the party o~ the first part covenants that the pm~'y of the fir. st p~rt whereby the said preo~es h~v~ l~en, AND the party of the'first part, in compILnnce With'Section l~.~f · O f~rst F~,rt wi~ receive thc consideration for th~s ~,~nd W~ hold ~h~ eration as a trust fund io be applied first for, the p~rl~q~ o,l..l~J~/the.cost;of the lint)roy~ altg, r.l~.~ apply the same first to the payment ot t!le cost Ot any ~ pm-lX~e. · IN I'A~S~N~ OF: per~n~y ~me Who to me known to be the indivldt~l desert%ed hi and ~ ewecuted the foregoing instrument, and scknowledg~ that executed the same. of ; that ~,, he that the seal ntT~ed I~ th~% 'it 'V/itS *o s of said Corpora- mine.thereto, I~'; r~'e ,order~ s'rA. o~, NSW YOn~. ~OUm'~ 0~' ,- ss, >] ~ of ..... 19 ,- ~fo~ ~ ~e subs~bing ~ess to ~e fore~m~ in.mmV, ~ ~ I am ~ally a~t~, wh~, ~ing ~ me ;~, did d~ ~d ~y ~at. ~e. ~des. at No...,,~: .... . ,; 'descried m ~d ~o ~ ~e forcing inocenti · at he, ~id ~bscn~ing ~s, ~ pres~ and ~w ~te the ~e; ~d that, he, ~id ~ess, st .~ ~e.time su~ h -. n~e as ~tness ~er~o. C O~! PANT SECTION BLOCK LOT COUNTY Olt TOWN CHICAGO TITLE INSURANCI~ CIO~ANY DAVID C. QUINN, ESQ. 101 KATONAHAVENUE KATONAH, NEW YORK Ztp~. 10536 T JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Mai~ Road P.O. Box 1179 Soathold, New York 1 [971 FAX ($16) 765-1823 SOLID WASTE DISPOSAL PERMIT COMMERCIAL CONTRACTOR VEHICLES Effective Date: 5/06/90 Expiration Date: 5105/91 Permit Number: 148 Fee Paid: 25.00 (up to/including one ton) This Solid Waste Disposal Permit is issued in accordance with Southold Town Board Resolution dated November 1, 1983, and as may be emended {May 22, 198u,) from time to time. Name: CLAUDE CARLSON Addre~a; .~ Address: ~ City St Zip: Owner/Principal Officer: Telephone Number: P.O. BOX 693 SOUTHOLD NY 11971-0000 SAME 516-765°5367 is authorized to dispose of solid waste from the following truck at the Southold Town Landfill site, C.R. 48, Cutchogue, New York, in accordance with the above Resolution. The solid waste shall originate within the Town~* of Southold, and shall contain no chemicals, hazardous, or toxic wastes. VEHICLE Model: PICKUP No. Rear Axles ,1 License Plate No: LA9321 Make: 1970 CHEVROLET Color: TAN Capacity (C.Y.): .75 Date: {TOWN ,SEAL} 5/09/90 By Authority of:SOUTHOLD TOWN BOARD Judith T. Terry, Southold To~n .Clerk COPY OF THIS PERMIT SHALL BE CARRIED IN EACH TRUCK ) 61550 YORK STATE DEPARTMENT OF AGRICULTURE AND MARKET~ ALBANY, NEW YORK 12235 COMMISSIONER EST. NO. A47805Z 02/14/91 · for which 11971 VAL]'DATZON~NO. 55402 RICHARD MCGUXRE Not oEici~ u~tii va~4tlted: '- ) ~ ., P,~P 07 '~! b3:4=_ LE%.f'=ED 1H~ELE IF; ..... ~ · ~ ., ~ --~uuRRECTED;6OP,, t 7/u/So In~[oduced by Be9isla ~or. ~-1~~.~ RESOLUTIOn4 NO. - 198~ADOPTING LOCAL LAW NO. ~AR [988, A LOCA5 LAW TO PROTECT RIGHT TO FISH WITHIN THE cOUNTY OF SUFFOLK %~EREAS, there ~s duly presented and introduced to this County Legislature at a regular meeting held on , 1988, a proposed la% entitled, "A LOCAL LAW TO PROTECT RI~T TO FISt! WITHIN T[{E COUNTY OF SUFFOLK", sald local law in final form is the same as when presented and introduced; how, therefore, be it RESOLVED, that said local law be enacted in form as follows= LOCAL L~W NO. YEAR 1988', SUFFOLK COUNTY,. NEW YOPJ< A LOCAL LAW TO PROTECT RIGHT TO FISt! WITHIN THE COUNTY OF SUFFO~- BE ~T ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK follows: I~ is the declared policy of the County of Suffolk to conserve, protec and encourag~ the use of its fishing resources for the production and sale food and other related products. This Legislature finds that approximately 90 of the fish processing iS performed outside of the County of Suffolk. Legislature also finds that when fishing activitie~ e~tend into newly develops areas, such fishing prOcess operations often become the subject of nuisanc suits. As a result, commercial fish processing operations are sometimes force to cease operations while ~any others are discouraged from making investments i i~provements. This Legislature further finds that whatever nuisance may be caused t others by such uses and ao~ivities so conducted is more than offset by th benefit~ from fishing and fish processing to the County's economy and way life and to society in ge~eral from the economio and social benefits derive from maintaining a viable fishing industry on Long Island. Therefore, the purpose of this law is to reduce the lo~s to the County o its fishing resources by limiting the circumstances under which fishing and processing may be deemed to be a nuisance. Section 2. Definitions 1.) 'Fish" shall mean ali varieties of the super-olass Pisoes, in¢lu~l~ all shellfish. 2.) "Food fish' ~hellfish. shall mean all species of edible fish, including 3.) "~ishing" shall mean the taking, killing, netting, capturing C withdrawal of fish or food fish f~om the Waters of this County by any means including every attempt to take and every act of assistance to any other pers~ in taking or attempting to take fiBh. Notwithstanding ahy other provision of this law, 'fishing and processing activities conducted with&n the County of SUffolk, if consistent wi' ~o~]nd f~Phing practice~ and established prior to surrounding non-riehl! activities, shall be deemed to be reasonable and ~hall not constitute a publ. nuisance unless the activity has a substantially adverse effect on the publ! health and safety. NO fishing or fish processing operation, resulting fr. Chan~ed conditions in, adjacent to, or surrounding the [ishin~ or processzng operation, shall be the subject of a public nuisance action ii su fishing or fish processing operations has been in existence for one (l) year more pilot to the changed conditkon and has not been declared to be a nuisan by a pertinent State or municipal'c(~mission, local health office, local boa: of health, or court of competent jurisdiction at the ~ime that s~ch commenced. ? ,, ~n~ro. ~.~s. N~. 1597-88 P,~e 2 Th~ provisions of Section 3 of this law ~hall not defeat the right Of any individual, ~irm, business, partne~shi~, or corporation t~ recover dama~e for any injuries or d~mages sustained by ~hem on account of any pollutlon of, or change in condition of, the N~ers o~ any ~tream or on account o~ any overflow of land~ of any such individ~a%, firm, business, pa~tnership, or cOrporatiOn such pollution, change, or overflow i~ the direct result of the processing a~tivity. Se~ion 5,_ _Prior A~ctione' ,~r. }~fected hereof. This law shall not affect actions commenced prior to the effsctive date sec$~on .6. s~Qy~a De~er~mi_~natlqn THis L~qislature, being the State EnVironmental Quality Review ~ct (SEQRA) lead agency, hereby finds and determines that this !aw constitutes enactment of a local law which will not affect ~he environment pursuant to ~_ct~on 617.~{b) (3) of th~ New York Code of Rules and RequlatiOnS (NYCRR) within the meaning of Se trion ~-0%09(2) of ~he N~'~4 YORK ENVIRONMENTAL CON~ZRVATION ~AWo T~e Suffolk County Council on Environ~ntal Q~ality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applioability or non-significance in accordance with this Section 7... Se verability If any part of or prgvl~ions of this law, or the application thereof any per,on Or c~rcu~tance ~hall be adjudged invalid by spy court of competen! jurisdiction, such judgment shall be confined in its operation to the part of provision of o~ application directly involved i~ the ~o~troversy in which suc~ judgment shall hav~ been rendered and ~hall not affect or impair the validity the remainder of this law, or ~he applica~ion thereo~ to other person~ circumstanceS. Section 8.'--- Eff_e.qt. ive. Date This law shall ~:a~e e~feet immedi&te~y upon ~lli,l~ in the off$~e of th, Secretary of ~tate. DATED: APPROVED BY: ~%~- E'~'~ive of Suffolk County Date Of Approval: 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 TO~E OF $OUTHOLD ZONINO BOARD OF'-~PEALH COUNTY OF SUFFOLK : STATE OF HEN YORK · ?CHH or SO.HOLD Town Hall 53095 ~n Road P.O. Box ~79 8outhold, H~ York 11971 November 1, 1990 7:30 P.M. BEFORE : OERARD P. C, OKHRINOF. R, Chair~. BOARD MKMBRK8: CHARLES ORIGONIS, JR. 8ERIE DOYEH, JR. JOSEPH H. SA~ICKI - Absent JAMES DIHIZIO, JR. ALSO PRESENT: LINDA KO~ALSKI, Board Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 decision until later. MR. GRIGONIS: THE CHAIRMAN: All MR. ORIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: THE CHAII~AN: (Time noted: THE CHAIPd~N: Appeal Number 3975, Second. in favor? Aye. Thank you very much. 8:56 p.m.) The next appeal is a in behalf of Arthur G. 54 THE CHAIRMAN: I have a copy of what appears to be a minor subdivision at one time, in which includes this particular lot, whic~ is'Lot NUmber 5 of that minor subdivision, which has a rather large two- story frame home on the premises at the time and at least two barns, one of which is on the westerly line and one on the northerly line -- property line of the premises. The accesses for the premises are on Lower Road and Ackerly Pond Lane, and ! have a copy of the Suffolk County Tax Map indicating this Carlson. The legal notice reads as follows: (Legal notice read off record.) ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 55 and surroundinq properties in the area. Would you like to be heard, Mr. Carlson, or are you represented by counsel? MR. CARLSON: Arthur Carlson, the applicant. This is a family business. It has been in existence for over 25 years and -- both working on the water as baymen and continued on to where we were buying products and outbuying from other fishermen -- local Southold ?own fishermen -- lobstermen, scallopers. We created a facility that didn't exist before in town. The lobstermen that catch for us, there is no other facility in town that could handle their products. They hav~ to' 9o out of to~n to sell them, which would be money going out of town. We take it out of town and sell it, and bring the money back into town. The conchs, there was no market for them until we created a market for them. They had shops for these. There are scallop shops, all licensed and inspected, really by the DEC and the Department of Agriculture. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 56 Everything is totally cleaned and disinfected every working day. There are no odors. People remark how clean we keep the place. They wonder how we can do it and we are -- great financial hardship on myself and my son's family and many, many baymen if this was denied. Thank you. THE CHAIRMAN: Before you leave me or leave us, we of course have been up and toured your facility and you were kind enough to have Mr. Dinizio come up at the time when you were processing conchs -- actually steaming them at that time. What is the earliest possible time that someone may deliver fish to you? MR. cARLsoN: We are bordered by Lower Road on the front, with the cemetery across the street, a farm on the west side, north side is my son's property, and on the east side there are three gardens that back up and touch our fence which is on the furthest part of my property -- the east -- a few hundred feet. THE CHAIRMAN: What would be the ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 earliest possible time that someone may deliver fish to you, time? MR. CARLSON: 57 and the latest possible Normally they come during the afternoon or early evening. THE CHAIRMAN: What would be the latest time they come at night, past eight o'clock? MR. CARLSON: Six or seven o'clock. We normally close at six. THE CHAIRMAN: When you process the fish, do you physically take those fish to the market to sell them or does someone pick those up? MR. CARLSON: What do you mean? THE CHAIP~tAN: Either the lobsters, conchs or whatever. MR. CARLSON: We put them in our truck and deliver them out of town. THE CHAIRMAN: So there are no tractor-trailers coming to your site? MR. CARLSON: You couldn't get a tractor-trailer in my site. THE CHAIP~N: The largest truck used 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 58 would be the truck we see there that has a box on it, or a pickup truck? MR. CARLSON: That's it. THE CHAIRMAN: Does that particular truck have a freezer on it or a unit on it? MR. CARLSON: No. They are all insulated and we use ice that we make there. THE CHAIRMAN: So then -- there is no noise emanating from a truck that would be stored on the site with a refrigeration unit on -- MR. CARLSON: Definitely not. THE CHAIRMAN: There is one other question. How old is the largest barn which sits to the west side of the property? MR. CARLSON: It dates back to the original part of the house. THE CHAIRMAN: You merely added on to the barn? MR. CARLSON: A couple of feet a few years ago, yes. THE CHAIRMAN: I don't think I have any further questions at this time, Hr. Carlson, but we will see what develops 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 throughout the hearing. Xs there anybody else that would like to speak in favor of the application? MR. CLAUDE CARLSON: Claude Carlson, Arthur's son and I am in the family business. We have lived there our whole lives in the fishing business, working on the water and dealing with our relatives and some friends in town here. And I am just trying to go over what he might have missed that I would like you to know about. That he did mention we have gone through the process over the years as his business has grown, that we have complied with all regulations, to get all permits that' are'required when we added'our barn onto -- in the beginning we got all DEC permits or agricultural permits. So we followed all procedures as we thought they were -- we were supposed to properly. We feel -- I personally feel that we are like farmers of the water. We work on the bays and we Bring stuff in, and we need a place to store it in our coolers till we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6O move it back out of town. We can't keep lobsters alive without keeping them somewhere in the cooler, for instance, and that we are not running any type of retail business. All we are trying to do is handle all of our products that we catch ourselves, in our family -- fan~ly merabers and some of the ones that we deal with -- some of them going as far back as approximately 20 years that have caught lobsters for us. We have only been at that location 18 or 19 years, but, you know, we have been in the same kind of business for our whole lives in this town. THE CHAIRMAN: You live on Lot Number 2, w~ich'is a ranch house that faces Ackerly Pond? MR. CLAUDE CARLSON: Right. So the barns are in his backyard and they are also in my backyard. THE CHAIRMAN: When somebody delivers something to you, do they use the Ackerly Pond access or the Lower Road access? MR. CLAUDE CARLSON: They use both. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 We haven't had any problem as far as I know. The closest neighbor to us on my side has been very good friends to us and we have no complaints. THE CHAIRMAN: For the record -- so let me just mention for the record that both accesses are either of sand or they are unpaved. MR. CLAUDE CARLSON: Oravel. THE CHAIRMAN: Is there anything else you would like to say? MR. CLAUDE CARLSON: No. That's about it. I just wanted you to realize what effect this would have on both our families. THE CHAIRMAN: Is this the sole supp'ort'~f your income, this business? MR. CLAUDE CARLSON: Yes. THE CHAIRMAN: And your father? MR. CLAUDE CARLSON: Yes, both our families and our kids in college. This is our family business we built together and it just has fallen into place over the years. THE CHAIRMAN: How many people would you say you are in contact with that -- or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 that avail themselves of your business? MR. CLAUDE CARLSON: Probably 50 or 60 local people in town, but it is -- every year it varies. For instance, some years we handle bait mussels. People catch bait mussels. They bring them to us. We buy them and store them. I also have mussels, the different years. The last few years have been very difficult because we haven't had any mussels, any bait mussels because of the brown tide. Striped bass has been taken away -- just given back to us this year on a lin~ted basis. We have had hard times over the last few years trying to keep things together in this business, to begin with. But to answer your question more fully, there are about 50 or 60 people but over a given year maybe 30 or 40 because we have ten lobster boats that bring lobsters to us. This year, for instance, we had a dozen scallop boats. The other years we had as nmny as 20 people scalloping and selling us their products. As far as conchs go, we probably have about 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 eight or ten boats that catch conchs for us in town. I would like to mention one other thing, talking about processing -- is that originally, we created a market for conchs. You are not allowed to throw them back overboard. They are shellfish predators. They are not supposed to be thrown overboard. We looked for the market and created the market for them originall~ by busting them out of the shell. We found by steaming them for a short time we could take them out of the shell without going through the work of busting them. We only pack shellfish. Lobsters, scallops, and conchs are our'basic business, we don't handle fish, except for what fishing I do. THE CHAIRMAN: How would you compare your operation to a farmer? MR. CLAUDE CARLSON: I would say we are very similar to a farmer in one aspect of what we do on our own, but it would be like having neighbors or other farmers or relatives that we handle packing their stuff 1 2 3 4 § 6 7 9 10 11 12 ~3 14 16 17 18 19 2O 21 22 23 24 25 64 shell? HR. CLAUDE CARLSON: Exactly, extract the conch out of the shell. THE CHAIRMAN: You wouldn't be extracting lobster meat out of would you? HR. CLAUDE CARLSON: No. want to deal with lobster meat. deal with live lobsters. the lobster, We don't We just to take out of town for sale. THE CHAIRMAN: Do you change the physical characteristic of the products you use, that you have? HR. CLAUDE CARLSON: No. THE CHAIRMAN: Do you slice the conchs to a point they are sold an masse, in one piece? HR. CLAUDE CARLSON: No. We don't have any kind of final processing type of operation. Ail we are trying to do is market a product in the bulk form. THE CHAIRMAN: So the greatest degree of processing that you would do would be to extract the eye of the scallop out of its 1 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 THE CHAIRMAN: Ne thank you very much, Mr. Carlson. MR. CLAUDE CARLSON: Thank you. THE CHAIRMAN: Is there anybody else that would like to speak in favor of this application? MEMBEROP THE AUDIENCE: Yes. ~ CHAIRMAN: State your name for the record, please. MR. DeMAULA: My name is Anthony DeMaula. I am one of the original fishermen that started with Hr. Carlson, when Claude was still in school playing baseball. Sandy and I have done business for 25 years at other locations and at this one here. supplied'him with conchs. I supplied him with lobster mainly, and occasionally fish when he had special orders. The fishing industry, as you all well know, is in kind of a low ebb in our end of the community here. Mr. Carlson, in his business, is an absolutely vital part this community, as far as fishermen are concerned. The competitiveness of several 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 buyers -- we have George Braun. We have other small markets in Greenport that do buy the products, but the amount of product that is handled by Hr. Carlson is relatively too vast for the local market. Oeorge Braun would probably be the closest thing that could handle it, but he has his o~n fishing boats -- gentlemen that deal with him, and if you took the people that deal with Hr. Carlson and kind of turned those loose on the market here, it would be detrimental not only to the gentlemen doing business with these other people because it would cause a glut in the market and repress our prices. We all know that this business is a supply a~d demand business. It would cause -- if we had to, we would have to transport. We would have to lose fishing time by transporting our product down the Island, to Connecticut, or other places like that, and try to develop our own market which is very difficult when you are a fisherman. You are either a fisherman or a wholesaler and dealer like Mr. Carlson. So he has provided 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 not only my family, but many families with a guaranteed safe market of fish -- a fair safe market for over 25 years. For this type of a -- Mr. Chairman, for this type of a situation to come up, where he has been a long-standing business in this area, is to me a little bit ludicrous. It is here and we are addressing it as such. I honestly believe as far as the hardship goes, it would be of a tremendous hardship to the men, especially the lobster business at this particular time. Mr. Carlson and his son move a tremendous amount of lobsters provided by the 10 -- 12 -- 14 boats depending on the time'of'Year and without his buSiness there to help us move our products, we all would be -- we would have some very difficult times. We either have to lose fishing time and go peddle our products or we would have to hire somebody to drive our truck and to create our own markets. We just couldn't do that. Fishing or farming and tourism is the mainstay of Southold Town, and this man has 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 helped the fishing end of it and to create a good market. I thank you very much. THE CHAIRM~N: Thank you, sir. Is there anybody else that would like to speak in favor of the application? MR. WENCZEL: Peter Wenczel. I am a commercial fisherman and I also am president of the Southold Town Bayments Association. I would just like to speak for both myself and the baymen in the Town of Southold, generally, and just say that Mr. Carlson's business is very important for all the fishermen in Southold. I personally have relied on it for 13 years now, and there are a lot of people who are in the same situation. The conch processing is very important. It is not something that you can do yourself. You have to have a facility set up and get all the permits and all that, and it is just -- it is essential for anybody that does that kind of fishing. The bay scallop processing is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 becoming the same kind be a kitchen industry, 69 o[ thing. It used to Everybody used to shuck at home. Now, because of all the DEC regulations and the Department of Health regulations, it is almost prohibitive cost- wise to set up a shop of our own if you do it right. So his operation is very important to all of us, and I just want to say I think the variance should be granted. THE CHAIRHAN: Thank you very much, sir. Is there anybody else that would like to speak? HR. LATSON: Steve Latson. I am secr~tar~ to the Baymen's Association, also chairman of the Water Revitalization Association. ~nd obviously, from what has been said, that Sandy's business is very important for the fishermen in this town. And next year when you have the scallops coming back, it is going to be extremely so. I think he has the only legal opening shop left in the whole town. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 7O From the standpoint of Waterfront Revitalization, I think it is really important to start looking at the zoning code in Southold Town. Currently, I land scallops in the Town creek at my mother's dock. That is actually illegal. That is illegal. We have got a lot o~ code problems. I think starting with the variance here is a good place to start. We work on it with the Waterfront Revitaliza- tion, working on the problem that the code doesn't address ~ishing as being really an ezisting industry at this point, but you do hear about it when the politicians start talking. ! think that is about all I have to say. I think it is really important that his variance be granted, and ! think also it is really important that you guys get together with the people and involved with the con~nittee and start altering the codes to start helping the fishermen because we keep hearing about the ~ishermen and how important he is; and he is, but really, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 '71 basically, we are getting shut out of the town. Thank you. THE CHAIRMAN: Thank you. Is there anybody that would like to speak against the application? Mr. Flynn? I~R. FLYNN: I am F. M. Flynn, resident of the Town of Southold. The grievous nature and scope of th/s application is such that I would like to address it in detail. My purpose is to create a record for the future should such be required. THE CHAIRMAN: How long do you think this will take you, Mr, Flynn? 'MR. FLYNN: I would say upwards from five to ten minutes. Here, again, we are confronted with yet another transparent attempt to rezone via variances. What is asked for here can only be accomplished by means of a rezoning. May ! remind you that Chapter 100 of the Town Code Zoning states, as one of its purposes, "The gradual elimination of non- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conforming uses." with their creation, proliferation, expansion or ultimate approval by this Board. Now there is a basic question here. The legal notice said we are involved with Lot 13.2. ! hear reference now also to Lot 13.4 which is not part of the legal notice. THE CHAIRMAN: It.is not part application. MR. FLYNN: Then it is not part of the legal notice which brought me in here. THE CHAIRMAN: Lot 13.2 is the only one that has this particular operation on 72 This is hardly consistent it. His son lives on 13.4. I assume that is the one you are raising. His son has a one-fantily dwelling on that piece. MR. FLYNN: It appears to me that part of the existing operation is on Lot THE CHAIRMAN: No. MR. FLYNN: At any rate, 13.4. really a problem enrolled here. lot, Lot Nun~er 13.2, of this that's not The subject is one acre in area in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 73 an &-C or 2-acre district. It is by Town Code definition a nonconforming lot. With respect to use, the applicant seeks a veritable melange of uses classified by him as maricultural, to wit: 1) Delivery and storage of seafood. 2) Packaging 3) Freezing and/or preparation of raw or cooked seafood processing. 4) Shipping 5) Sales for off-premises consumption. None of these uses is permitted in an A-C District. Mariculture is a permitted use in MI1 'Districts only, with a two-acre minimum lot size. Specifically, fish processing is permitted only as a Special Exception, as are fish markets. Each such use requires a plot of two acres. There is also a question of the other uses cited as requiring industrial or business zoning with their attendant plot minimums. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~6 17 18 19 2O 23 22 23 24 25 74 In short, the applicant proposes to locate a long list of non-conforming uses, each with its individual plot size requirements, on a one-acre parcel. It should be noted that the Town Code specifically prohibits uses emitting noxious odors in all districts. With respect to the above, there is a possibility, even perhaps the probability, that were these variances granted, the subject property would be operated in conjunction with Lot 13.4 in the same block. Lot 13.4 is also a nonconforming lot on which a reputably nonconforming and, possibly illegal, use is conducted. Neighbor~ already complain about noxious odors emanating from this lot. I might add that Lot 13.2 abuts at least four residences. What is sought here are multiple rezonings far beyond the strict letter of the regulations and the spirit of the Zoning Chapter of the Town Code. The spirit of the chapter is clearly 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 expressed by the Town Board's limiting these uses to MI1 Districts. The further intent or spirit, is further expressed in Section 100-120 of the Town Code which states that Mil use is intended to provide: waterfront location for a wide range water-dependent and water-related uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound." SO much for MI1 uses. By law, in seeking a variance, the burden of proof is on the applicant. H~ must submit, for an area variance, "dollars and cents" proof that his property is virtually valueless as zoned. This is- hardly the case in view of the permitted residential use and the abutting residential use. TO grant an area variance, the Board is enjoined by the courts to consider: 1) How substantial the variance is 1 5 6 7 8 9 30 11 ~2 ~3 14 15 16 37 18 19 2O 21 22 23 24 25 76 relative to the requirement. 2) Whether substantial change will be produced in the character of the neighborhood. 3) Whether the difficulty can he obviated by some method feasible for the applicant to pursue other than a variance. 4) Whether, in view of the matter in which the difficulty arose, the interest of justice will be served By allowing the variance. It is significant that, throughout, variance is used in the singular. It is obvious that the courts did not contemplate a series of variances, the scope of which is tantamount to rezonings. I submit that the only difficulty here arises from the outrageous demands of the applicant and that such "difficulty" can be obviated by utilizing the property for a permitted use. The substantiality of the variances sought is obvious in view of their variety, intensity and obnoxious nature, as well as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2~ 22 23 24 25 77 the nonconforming size of the property. The change in the character of the neighborhood which the proposed changes would bring about, should be apparent to all but the most prejudiced. Justice involves justice to all including the neighbors rights to the "quiet enjoyment" of their properties incorporated in their "Bundle of Rights" and whose properties would be devalued for the applicant's profit. These variances would effectively constitute spot zoning. Two of the principal uses sought require Special Exception. With respect to Special Exceptions, the ~own'code states (in part) that the ZBA must find and determine: That the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 affected by the proposed use and its location. That and promote 78 the use will be in harmony with the general purposes and intent of this chapter. (Chapter 100 - Zoning) That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general particularly with regard to visibility, scale and overall appearance. Section 100-264 of the Town Code recites matters to be considered by this Board in granting Special Exceptions. It is too lengthy to quote here verbatim, but ! commend its study to anyone interested in the outcome of this proceeding. In general, factors to be considered are: the character of the district; the conservation of property values; effects of traffic~ the availability of water and facilities for the treatment of sewage and other effluents; the question of the emission of obnoxious gases, odors, etcetera; whether the plot size is sufficient and appropriate for the uses; 6 7 8 9 10 11 12 13 14 35 16 17 18 19 20 21 :;'2 23 24 25 79 whether the proposed site is particularly suitable for the uses; whether there is risk of pollution of ground or surface waters, etcetera. Here again, these considerations envisage only a single use and due to the manifold variance any adverse effects are obviously intensified. In conclusion, there is absolutely no justifiable basis on which to grant these variances and, in the interest of ~ustice and to prevent further waste of the taxpayer's money, I call for a summary dismissal oE this application. If it belongs anyway, it belongs as a cha~ge 0~ zone application before the Toen Board. Thank you. HR. ARTHUR CARLSON: I would like to ask Hr. Flynn a question -- a couple of questions. THE CHAIRFIAN: Before you do that, let me ask you a question. I don't know if you sat in on the prior hearing with the garage application, but there are certain 1 2 3 4 5 6 7 8 9 10 11 32 13 14 ~5 36 37 18 19 20 21 22 23 24 25 80 issues that have been raised here concerning the code and so on and so forth. At the completion of the hearing for the evening, would you like us to recess it so you may seek legal counsel and possibly come back in the November meeting or December meeting or whatever -- how long you feel it is going to take you to address the specific issues that were mentioned? First of all, we have afforded to us a copy of the issues that Mr. Flynn has before us. So we don't have to wait until they are transcribed. However, we can give you a copy of that so you can talk to your attorney. That is an issue I want you to think abo~. ' MI~. CARLSON: Can I ask a couple of questions of Mr. Flynn? I want to know if he represents someone. What is his interest in this? Number two -- beEore he answers that -- you people have visited the site. There are no noxious odors there. Number three, our water is tested -- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 81 required to be tested by the Department of Agriculture every two years. We drink that water in our families. We are not ground polluting any water. We use very little water in our operation. MR. FLYNN: It is obvious that somebody has to serve as some form of ombudsman if these applications are not to slip by unchallenged; two, some of the neighbors or at least one of the neighbors -- I should correct that -- has complained about the emission of odors from that property; and three, whatever the situation with groundwater is now, certainly the possibility for contan~nation is going to be increase'manifold by the expansion of the operation of these uses onto another lot. THE CHAIRMAN: Thank you. MR. CLAUDE CARLSON: I would just like to clarify a couple of things that were just brought up here that I am not sure if everybody pollution. chemicals. -- there is no possibility of We are not using any kind of Everything is natural. We are 1 2 3 4 6 7 8 9 10 11 12 13 14 16 17 18 ~9 2O 21 22 23 25 82 taking natural shellfish, taking them out of the shells for sale out of town, and taking the shell to the dump. That is the basis of our operation, of what we are doing. We are not expanding anything. We have been doing this for many years and we haven't had any problems. There were other problems that arised because of friction between neighbors that had nothing to do with that. THE CHAIRMAN: I have before me the minor subdivision of Lots 1, 2 and 3. Your father's lot is Lot Number 3, where the entire operation occurs; is that correct? MR. CLAUDE CARLSON: That is correct. TH~'CHAIRMAN: 'There is no operation' in your garage or on your prent~ses, where your house is? MR. CLAUDE CARLSON: No, my property goes across the back of his property. THE CHAIRMAN: So we are limiting this discussion primarily to your father's property. MR. CLAUDE CARLSON: Yes. There are 1 2 3 4 5 6 7 8 9 ~0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 83 no plans of any kind of expansion. Ail we want to do is continue what we have been doing for so many years. THE CHAIRI4AN: Thank you very much. Appreciate it. HR. FLYNN: May I just conunent briefly about this question of the identification of the property? Lot Number 13.2 fronts on Lower Road. THE CHAIRt4AN: That is correct. HR. FLYNN: Lot Number 13.4 fronts on Ackerly Pond Road. The improvements are on the lot fronting on Ackerly Pond Road. THE CHAIRHAN: No. HR. PLYNN: At least some of the improvements. THE CHAIRI4AN: No. The only thing that is on Ackerly Pond Road, Nr. Plynn, -- so we get this straightened out, because I had a problem here, too, -- Hr. Claude Carlson's house -- Hr. Carlson's son's house fronts on Ackerly Pond Road. Hr. Sandy Carlson, who is the applicant before us in the nature of this application, his house ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 84 faces on Lower Road. The entire operation -- I have a survey here -- is on Mr. Sandy Carlson's or Hr. Arthur Carlson's parcel of property, which I have before me as 13.2. I mean, we can afford you any copies of the file or anything. MR. FLYNN: It doesn't alter the doesn't. it up with you. Mr. Arthur Carlson, nature of my objection. THE CHAIRMAn: No, it just want to clear Mr. Carlson, I personally am not to you, but you tell We can close the hearing based on the record, or we will allow you to come back and have you bring counsel with you. HR. ARTHUR CARLSON: How soon will the decision be made? THE CHAIRMAN: Well, if we close the hearing tonight, we have 60 days from tonight to make a decision, which would mean we would be making a decision before you when you stood up, making any suggestions me what you want to do. Sandy, we come to the question and I asked 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Christmas. MR. ARTHUR CARLSON: 85 I think, gerry, we have presented our case very well and we stated all the facts. You people have visited the site, and we stand on what we are doing as neat as we can do it, certainly is a help to the town. I would like to go ahead and close it. and it think we THE CHAIRMAN: I have a particular problem in the respect I want to talk to the Town Attorney regarding this application. So I might recess it to the next regularly scheduled meeting for the sole purpose of my discussing it with the Town Attorney. MR. DINIZIO: I would like to know the 'right-of-way that goes to Ackerly Pond, is that in the deed for your property? MR. ARTHUR CARLSON: Both on our properties. It is 15 feet right-of-way going from my driveway, continuing around a 90 degree bend, deeded to both Claude's property and my property, and enters on -- exits or enters on Ackerly Pond. THE CHAIRMAN: Just so we have it for 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 86 the record, what initiated this parti=ular hearing? What caused you to come before us? MR. CLAUDE CARLSON: A complaint, which is a sour grape thing. THE CHAIRMAN: That was a complaint by a neighbor? MR. ARTHUR CARLSON: One neighbor. THE CHAIRMAN: That's what brought you to this particular hearing? MR. ARTHUR CARLSON: I could say more, but maybe I shouldn't. THE CHAIRMAN: It is counter- productive, and we thank you, Arthur, and I will suggest to the Board that we recess so we might discuss it with the Town Attorney and then'you will be back. So we will see you back here on the 29th. We will restrict the testimony to five minutes, and we will he the end close the hearing and that will of it. MR. ARTHUR CARLSON: Thank you. THE CHAI~/~AN: Hearing no further questions, I make a motion recessing it to the next regularly scheduled hearing for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 87 purposes of limited oral testimony to the extent of five minutes on both sides after discussion with the Town Attorney. MR. GRIGONIS: Second. THE CHAIRMAN: All in favor? MR. DOYEN: MR. GRIGONIS: MR. DINIZIO: THE CHAIRMAN: Aye. Aye. Aye. Thank you very much, gentlemen, for coming in. (Time noted: 9:40 p.m.) THE CHAIRMAN: The next appeal is Number 3788, in behalf of Sun Refining and Marketing. (Legal notice read off record.) THE CHAIRMAN: Before us I have a copy of the site plan from the Sun Refining and Marketing Company Facility Distribution Department, from Philadelphia, Pennsylvania, dated 12/30/87. There may be an update on that, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We ask counsel, is that the latest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 CERTIFICATION I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAIL ROSCHEN Official Court Reporter 145A Town Board of Appeals -3- November 29, 1990 Regular Meeting PUBLIC HEARINGS, continued: duplication and are expected to be returned soon.) Marie Ongioni, Esq. asked that she be given an opportunity to respond to Mr. Cardinale's comments and the survey when submitted, before the Board seals the record. 10:30 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. <~~:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Motion was made~ Chairman Goehringer, seconded by Mr. Dinizio, to recess the ~ aring without a date as requested by the applicant for legal~ presentation before concluding the hearing. ~F Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Member Sawicki was absent.) This resolution was duly adopted. DELIBERATIONS/DECISION: (Continued on Pages 4-9, supra). EALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. BOARD OF APPEALS Telephone (516) 765-1809 TOWN OF SOUTHOLD SCOTt L HARRIS S%,p.~visor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephor~ (516) 765-1800 MINUTES REGULAR MEETING THURSDAYt NOVEMBER 29r 1990 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, NOVEMBER 29, 1990 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Serge Doyen, Jr., Member Charles Grigonis, Jr. and Member James Dinizio, Jr. (Absent was: Member Joseph H. Sawicki.) Also present was Board Secretary Linda Kowalski, and approximately 40 persons in the audience at the beginning of the meeting. The court stenographer arrived at 8:00 p.m., as requested, for recording and transcription of the hearings commencing at 8:05 p.m., and thereafter. The Chairman opened the meeting at 7:30 p.m. and proceeded with the following public hearings. Verbatim transcripts of each hearing has been prepared under separate cover and attached hereto for reference. 7:30 p.m. Appl. No. 3972 - PETROL STATION. The hearing was opened and recessed without a date pending an alternative subdivision plan to be re-drawn by the Planning Board (without the necessity for variances, as originally referred to the ZBA}. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z.1.Q986 ....... Date ....... May..1.2 .... .............. 19.82 THIs CERTIFIES that the building . ,....ac cs.a s o ~'y..ga ~'~ge ........................ Location of Property .. 15.15 ............. Lowe~'.. R oa~l. ................. .,~ otl~b.~c~ l (] ..... House No. Street Ham/et County Tax Map No. 1000 Section ...069 ...... Block .... 05 ......... Lot . .0.1.3, l~.0.2 ....... Subdivision .... ~f .......................... Filed Map No. X. ...... Lot No... Z .......... conforms substantially to the AppLication for Building Permit heretofore filed in this office dated ·. Fo.b.v.U~e2'..2[5 ...... ,19 8.2 pursuant to which Building Permit No... ] ~l 5.7.~..Z ........... dated .... F.~bruar.~g. 25 ........... 19 8.Z, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ·. ~ .a¢c.e.s.~o~'y..t;~o.-.c.a~. ~e,t?. ~g.e ............................................... The certificate is issued to ..... Ar. thur. 51,. Ca.~.~,e o~ ................................. (owner~l~ ~r-t~a,e~J of the aforesaid building. Suffolk County Department of Health Approval ......... n/. ~' .............................. UNDERWRITERS CERTIFICATE NO ............. ~I. 5.5492B. ........................... Building Inspector Rev. 1/81 FOBM NO. ~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT 11574 · ::.:::) .~ (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to:// at p ises ocated at ................. ~ ..~.. ........ ........................................................................................................................................................ -/~ .¥:.:<. CounW t~x Mop No. 1000 Section .....~.~...~.. ...... Block ...(.J...~... ........ Lot No..~../..~.~.~,O.~..~-- ' pursuant to application dated ....... '~....~...'~....., 19. and approved by the Building Inspector. Fee $..Z..(~......'~... ...... / Building Inspector Rev. 6/30/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DE?ARTMENT TOWN HALL SOUTHOLD, r.!.Y. 11971 TEL.: 7G5-1802 Approved ................. l ~ Permit No ........... Disapproved a/c ....... ; ............................. / ................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Appl c,,t,on No. ~ .... ~': .<xZ.. ...... Date .. · ..... , INSTRUCTIONS a. This application must be co:npletely filled in by typewriter or in ink and submitted in triplicate to the Build: Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Pict Flan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre or areas, and giving a detailed description of layout of property must be drawn oil the dia~am which is part of this cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Penuit to the applicant. Such pen shall be kept on the premises available for inspection throughont the work. e. No buildiag shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupar sl'.~l have been granted by the Building Inspector. APPLICATION IS IIEREBY ?,lADE to the Building Department for the issuance o£ a Building Permit pursuant to t Building Zone Ordinance of the Town bf Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein descriN The applicant agrees I~ comply x~jth all applicable laws, ordinances, building code housing code%and regulations, and. admit authorized iuspt:ctors ou pr~mises and in buildings for necessary inspe~ /~ ;-; ...... t "g pp ' , nam=, if a corporation) · (Mailing address of applicant) S'tate whether applicant is owner, les,see, agent, architect, engineer, general contractor, electrician, plumber or build ...o ................................................................... . .............. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. t(Name and title of corporate officer) Builder's License No....'~-~..~....-~.>.-C,J-f'..~..' ........ Plumber's Licens-. N.a. ~ Electrician's License No. Other Trade's Lkcns~ No.- ..................... 1. Locatiou of land on which proposed work will be done. ' ./.,7/,57 .................. Z ............. House Number Street Hamlet County Tax Map No. i O00 Section ~P ~''/~ Block t:f 5- Lot .0/.5..0'~.~.. Subdivision ..................................... Filed Map No ............... Lot ............. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy /~'~ ¢C .~..r..c~..~'7...'77ff.../. .~"./ ' (Description) . /~ (to be paid on filing tifi~ apphca,~,z~ ;. Ifdv, e:dag, number of dwe!!mg um~s . .~/~. ....... Number of dwelling unffs on each floor ........... Ifgarage. number of cars ..~Cz~.~. L"~.HZC~ ........................................... ~. If business, commercial or mixed occupancy, speedy ~ature and extent of each type of use .................... ~. Dimensions of existing sm~ctures, ifanv: Front . ~.. ~ ........ Rear .~ ........... Depth .~.~. ........ ~a~i~ ..~ ............ N,,nb~ of S~o;ie$..:~C..~/G~..: ......................... , ...... Dimensiq~s,~f same structure with alterationsor additions: Front ...~ .......... Rear . .~ ............ '~'~' 7. ............... mi~t ./~.~ .,.~ ............. s~b~of Sto~i~s .~ .................... Depth L D mens onsof,nt re new constrt etlon Front ~ Rear ). S ze of lot Front . ' · Rear D~th ). Datc of Purchase ............................ ~,~ o~o~r O,~ ~/~;~.~ .~, ....... I. Zone or use district in which pr~mises are situated..~'~.5~.~Z/~k !. Does proposed construc$ion violate any zoning law, ordMance or r~dat~o~':~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 22 . ~ ~ ~ ~ 7 ~ ' ~ ~ 5. Wi~ lot be regraded ~...e... .... z- .~ ....... ~.. Will exc,ess fill b~re~ved from premises:~., Yes ~ N~ L Name of Owner of premises ~C,~ ~. ~C~o~ Address ~'Zr~CaY4. ~-~r.~q(D Phone No. ~ ~. 7 ~. Name of Architect ......................... -.. Address P.d i~,~ ~ ~.... i Phon~ No ............... N~ orco~t~¢~o~ .......................... a~a;~ i~ ~$'~. .. Pho~ No ....... PLOT DIAGRAM Locate clearly :md distinctly ail ot iklings, whether existing or proposed, and, indicate all set-back dimens:ons fror ~roperty lines. Give street and block ri,umber or description according :~tcrior or corner lot~ /~(/~,4'~' ~' =7'/7-cr ~?//,/~r/~,7'-/~,/c~3' to/777~,Wd'//~r/-)deed' and show street n:xrnes and indicate who, thc STATE OF NEW Y~3RK, ..~///~ ,, ,. . c o u~rF-o~.~,/~.-../; ~.~, ...."~--'.~,~,~. 2'. ~ (Nan~c of individual signing contract) -. ¢ is the ................................................................................ (Contractor, agent, corporate officer, etc.) : f said owner or owne~, ~d is duly auttmfized to perform or have performed the said work ~d to m~e and fil¢ ;-)plication; that all statements co~tained in this applicaLion are true to tlie best of his knowledge and belief; and that th .... ~.~. ....... -.~,y or. ~5~. ...... ~5&~ ~ ~,,~o~ . ~r~ ARY PUBUC State of New Y~k. ' ' . ~ ..... ,u. ~ 7 - -~ _ . ~ / / po~d R -80 R-~80 soUrs/OLD Southold Town BoarJ o£, ppeals -~OUTHOLD, L. I., N. Y. 119~1 Telephone 765~2 APPEAL BOARD MEMBERS Robert ~'. Gillispie, Jr., Cheirman Robert Bergen Charles Grlgonis, Serge Doyen, Jr. x~x XeA~XX, X James Maimone I April 20, 1978 Mr.-Thomas Wexler East Marion, NY 11939 Dear Mr. Wexler: Under the current Zoning Ordinance of the Town of Southold, agricultural products grown on premises may be sold at roadside. on the premises of the grower. However, it is not possible to permit retail sales of products of the sea in the Agricultural-Residential zone on the premises of agricultural producers. Under our Ordinance, such sales are to be contained within the "B" Light Business zone. Counsel concurs with the foregoing opinion. RWG:med NOTICK OF'tlEARINGS NOTICE I$ IIEREBY GIVEN, pursuant to Scction 267 of thc Town Law and thc Code of thc Town of $outhold, the following matters will be held for i)ublic hcadng$ before thc SOUTIIOLD TOWN BOARD OF APPEALS at thc Southold Town flail, 53095 Main Road, .~uuthcld, New York 1197I, on WEDNkSDAY, MARCII 25, 1992 commencing at thc dmcs spccificd below: (1) 7:32 p.m. AppL No. 4090 -- MR. AND MRS. IL LLOYD KANEV. Variance to thc Zoinng Or- dinance. Ardcle XXIII, Section 2:39.4 for penni:sion to construct ad- dition to existing dwelling for in- creased livable floor area. all of which is to bc situltcd at less than 100 fcct from thc top of thc bluff along the L.I. Sound. Location of 27.29, & 30). (b) Appl. No. 4093 WILI~IAM~ GOODALE (Owner) for a Speck._ xccption under Aedcl~ X, S~tion 100-10lB(12) for a pea]st (c) outsidc display of vehicles, (d) (5) 8:00 p.m. Appl. No. 4070 -- DALCIIIfP CORP-. WILLIAM AND LORRAINE ORLOWSKL Variance to thc Zoning Ordlnancc, Aedclc III, Section 100-32, Bulk Schedule. for approval of: (I) proposed Lot No. 3~c dtis R-80 zone district {Ihc remaining four lots will meet the 80,000 sq. ft. size requirement}, and/or: (b) Aedile XViB, Section 100-181C(2) for ap- for a density of five proposed lots in this mixed R-80 and 1~.40 Zone Dis- side of 1 [arlx~r Lanc. Cutcboguc. NY; County Tax Map Parcel No. I000- 097-6-17 and 1000-103-1-20,5 and 20.6. ¢ontaiedng a total area of 9.04 (6) 8:20 p.m. Appl. No. 3975 -- ARTI1UR G. CARLSON. 'Fats is an from the October 11. 1991 Notice of Disapproval from the Building In- Ill, Section 100-31A(2) for approval agricultural usc. Thc subject parcel is Southold. NY; County 'lax Map Par- c¢1 No. 1000-60-04-2:3; also known as L~X $$3 of thc Minor Subdivisi~ of Judith T. Terry approved by tbc Soutbold Town Plamfing Board The Board of Appeals will at said time and place bear any and all per- hearing. Each hearing will not start For more information, pl~asa call 765-1809 or visit our office. Dated: Marcb 5. 1992, BY ORDER OF T11E SOUTIIOLD TOWN BOARD OF APPEALS GERARD P. GOEIIRINGER By Linda Kowalsld 7~25-rrMn iS;:~C STATE OF NEW )SS: COUNTY OF SUFFOLK) C~ ~0 r,/J4_i~J f~ of Mattituek, In said County, being duly sworn~ says that he/abe is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published et Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for _-L-- weeks s~.~/iY, commencing °n the19 ~ ~"'~ [.~-~'~q day of ' ' Sworn tO before me this dayof J/~ ~t/r'& Principal Clerk ~ ARANEO WILLIAM C NOTARY PU~L!C, S~ae 01 New York Qualified ,a Suffolk County~ ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter et the Petition bf Arthur Carlson. to the. Board of Appeals of the Town of Southold TO: Claude Carlson & Diane Carlson Ackerly Pond Lane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thai il is Ihe intention of the undersigned to i~et~ibn the Board of Appeals of the Town of 5outhold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Interpretation 2. That the property which is tee subject of the Petition is located adjacent to your property and is des- crihed as follows: SCTM~ 1000-69-5-13.2; 1575 Lower Road Southold, New York 11971 3. Thaltheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Article III (Agricultural-Conservation (A-C) District) Section 100-30 . through 100-33 4 ]hath)~uchPelition, theunder~igned willrequestthefollowingrelief: as interpretation _~;_[ng that aquacultural ~se falls w~thin the purview of agricultural use. 5. That ~he provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are Article II1 Section 100-3lA and 10O-~l B (13) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. ]hal within five day~ from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. 1'hat before the relief ~ought may be granted, a public hearing must be ~'eld on the matter by the Board o1' Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 19th, 1991. Petitioner Arthur Carlson Owners'Names: c/o McNglty-S_~piess PostOfficeAddress 633 East Main Street. P.O. Riverhead, New York 11901 Tel. No. (516) 727-8200 [Copy of sketch or plan showing proposal to be purposes.] Box 757 attacn~convenience NAM~ ~ ~T MAIN STREET STATE OF NEW YORK ) COUNTY OF SUFFOLK) Cynthia A. Miller , residing at Riverhead. New York , being duly sworn, deposes and says that on the 19th day of February ,19 91 , 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 Somhold; that said Notices were mailed at the United S~tates Post Of- fice at Riverhead ; that said Notices were mailed to each of said persons by (cert~hed) (,~ ....... j mail. Sworn to before me this 19th day of F~bruary , 19 ~ Notary Public Cynthia A. Miller (This side does not have property owners.) to be completed on form trL~lsmt gteo tO r r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Arthur Carlson : to the Board of Appeals of the Town of Southold : TO: Joseph W. Irwin & Judith E. Irwin 10 Secaucus Lane East Islip, New York 11730 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to ~te~tron the Board of Appeals of the Town of Southold to requesta (Variance) (Special Exception) (Special Permit) (Other) [c££¢1e choice] Interpretation ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follow,: SCTM~f 1000-69-5-13.2; 1575 Lower Road Southold, New York 11971 3. That~heproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Article III (~ricultural-Conservation (A-C) District) Section 100-30 . through 100-33 4 ]hail~suchPelition, theundersigned willrequestthefollowingrelief: as interpretation ~9~D~_~nK that a_quacultural ~se falls.Within the purview of agricultural use. 5. Tha! the provisions of the ~outhold Town Zoning Code applicable to the relief sought by the under- signed are ~rticle III Section 100-3lA and 100-31 B (15) [ ] Section 280-A, New York Town Law for appr0va] of access over r~ght(s)-of-way. b. That within five da~,s from the date hereof, a written Petition requesting the relief specified above will be filed in ~he Southold Town Clerk's Office at Main Road Southold, New York and you ma}' then and there examine the same during regular office hours. (516) ?~5-1809. 7 [t~at before the relief ~ought may be granted, a public hearing must be ~'eld on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Arthur Carlson Owners'Names: c/o McNultyrS_piess PostOfficeAddress 633 East Main Street. P.O. Box 757 Riverhead, New York 11901 Dated: January 19th, 1991. Tel. No. (516) 727-8200 [Copy of sketch or purposes. ] plan showing proposal to be attac~'~d~venience STATE OF NEW YORK ) COUNTYOFSUFFOLK) SS.: Cynthia A. ~lMiller , residing at Riverhead, New York , being du~y sworn, deposes and says that on the i~t~. day of February ,19 91 , 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 S&ates Post Of- rice at Riverhead (certified) (~-~nxn~J mail. Sworn to before me this 19th day o f/~e~r/u ./~. y , c Notary Public '"~' y ~" ; that said Notices were mailed to each of said persons by Cy~l thia A. Miller (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, .TOWN OF SOUTHOLD In the Matter ot the Petition of : Arthur Car~so~ : to the Board of Appeals of the Town of Southold : TO: Andre Moraillon & Deborah Keegan 225 Centr. gl!~Ra~.k~ Neat New York, New York 10024 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to ~e(ttion the Board of Appeals of the Town ot Southold to requesta (Variance) (Special Exception) (Special Permit (Other) [circle choice] Interpretation 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: SCTM{~ 1000-69-5-13.2; 1575 Lower Road Southold, New York 11971 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict: Article III (Agricultural-Conservation (A-C) District) Section 100-30 . through 100-33 4 ]l~ath~u~hP¢lition, theundersigned willrequestthefollowingrelief: as interpretation _d~_r_~_~ha~ aquacultural ~se falls within the purview of agricultural use. 5. Tha~ ~he provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-3lA and 100-31 B (13) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. b. lha[ within five da¥~ from the date hereof, a written Petition requesting the relief specified above will be filed in the Sou~hold 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. Tha! before the relief sought may be granted, a public hearing must be ~'eld 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 Suffolk Times and in the Long Island Traveler-Matfituck 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: January 19th, 1991. ~/~ ~.~ _ Petitioner Arthur Carlson Owners'Names: c/o McNulty-Spiess PostOfficeAddress 633 East Main Street, P.O. Box 757 Riverhead, New York 11901 Te]. No. (516) 727-8200 [Copy of sketch or plan showing proposal to purposes.] be a t t a c b~.i~o"~_£an v e n i e n c e NAM~ UNITF. D STATE8 I,O~I'AL,$ERVIOE OFI:~IAL BUSINE88 RETURN Pr~pt Sender's TO STATE OFNEWYORK) COUNTYOFSUFFOLK) Cynthia A. Miller , residing at Riverhead, New York , being duly sworn, deposes and says that on the 19~h day of Februar:f ,19 91 , 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 Sourhold; that said Notices were mailed at the United S, tates Post Of- fice at Riverhead ; that said Notices were mailed to each of sail persons by (cer[ifiedJ (r.~,;~*er-e~ mail. Sworn to/before me this 19th day ~ ~e, pruary ~ , 19 Cynthia A. Miller 91 (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of ArThur Carlson to the Board of Appeals of the Town of Southold TO: Theodore Klos Ackerly Pond Lane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to~meti~on the Board of Appeals of the Town of 5outhold to request a (Variance) (Special Excep6on) (Special Permit) (Other) [circle choice] Interpretation ). 2. That the property wi]ich is the subject of the Petition is located adiacent to your property and is des- cribedasfollow~,: SCTM~/ 1000-69-5-13.2; 1575 Lower Road Southold, New York 11971 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Article III (Agricultural-Conservation (A-C) District) Section 100-30 . through 100-33 4 lhall]~,o~l~Pelithm, theoodersignedwillrequestlhefollowingrelief: as interpretation _~.~!~_~ng_~at aquacultural ~se falls within the purview of agricultural use. 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are ~rticle III Section lO0-31A and 100-31 B (13) [ ] Section 280-A, New York Town Law fo~ approval of access over rJ§ht(s)-of-way. b. 1hat within five da~,s Iron the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. Tha! before the relief suught may be granted, a public hearing must beheld on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 19th, 1991. Petitioner Ar~t hur Carlson ~' 0whets'Names: c/o McNulty-Spiess Post Office Address 633 East Main Street, P.O. Box 757 Riverhead, New York 11901 Tel. No. (516) 727-8200 [Copy of sketch or plan showing purposes.] proposal to NAME f yOF~ I ~ ee~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) Cynthia A. Miller , residing at Riverhead, New York , being duly sworn, deposes and says that on the 19th day of February ,, 19 91 , 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 Somhold; that said Notices were mailed at the United 5~tates Post Of- fice at Riv~rhead ; that said Notices were mailed to each of sai~ persons by (certified) ('r~g'4,'~"~) mail. Sworn to before me this 19th day o?feb, ruary~ /~, 19 91 Notary Public~ (This side does not have to be completed on property owners.) Cynthia A. ~,lMiller form transmitted to adjoining uNLAwFUl:.E~ ~ I ...... PE ' '~'~PARTM~! 9 AM TO 4 PM FOR THE OF OCCUPAN,C¥ FOLLOWING INSPECTIONS: 1. FOUNDATION _ TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4, FINIAL . CON'STRUCTION MUST BE COMPLETE FOR C. O, ALL CONSTRUCT/ON SHALL THE REQU REMENTS OF THE N. STATE CONSTRUCTION & ENER~ CODES, NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. F E E,'~,/<:~' ~' BY: NOTIFY BUILDING E~'A~T~AEN,T AT 765-1802 9 AhA TO 4 PhA FOR THE EOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIP-EO~ FOR POURED CONCRETE 2, ROUGH - FRAhAIN? & PLUhABING 3. INSULATION 4. FINAL - CC~NSTRUCTION MUST BE COMPL~TE FOR C, O. ALL CONSTRUCTION SHALL MEET THE REQU~REhAENTS OF THE N. Y- STATE CONSTRUCTION & ENERGY' CODES. NOT RESPONSIBLE FO~ DESIGN OR CONSTRUCTION ERRORS, !1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters 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 29, 1992 commencing at the following times: 7:32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. ' Page 2 - Legal Notice Hearings for July 29, 1992 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 ~ CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7:50 p.m. Appl. No. 4022SE - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map ID No. 1000-108-4-part of 11. Parcel 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the Page 3 - Legal Notice Hearings for July 29, 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article F2~III, Section 100~239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit Page 4 - Legal Notice Hearings for July 29, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prey. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; Page 5 Legal Notice Hearings for July 29, 1992 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. Written con~ents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERAP/] P. GOEHRINGER CHAIPd~AN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .~M~..~ .~. .... ¢~ ~ ....... 19 .°Z. ~. ?,~..~.... 4 pe~it to ~~...L~.~ ~ ............ ~ for ~cation of Property..~ ~ ....... ~~..~, ....... ~~~ ....... House No. Steer Hamlet County Tax Map No. 1000 Section ... ~ ~.~ ..... Block .... ~ ~ ..... Lot ... J. ~.~... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds .~~.. ~.. ~/~-~ ~¢.~..~.~.~...~,..~.~~~.~.. ~,. .~ ~.~,..~~.,..~..~~~ ~'-v' ~.~.-~.. ~...~..~~~..~.. ~. ~. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK AMENDED APPLICATION OF APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. 3975 DATr ~rJanu.a. rv 19, t991~- 1, (We) .....A .r t ~u..r.....C.{%~, ~,~ o. t3 ............... of ...15.lS...L~we~..Ro a~ ........ ,., ......................... Name of Appellant Street and Numbe= Southold . .~ ~..e...w....y.p..r..~ ....... HEREBY APPEAL._'[O Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .A..~.~.~.~....2..3..,.....]...9..,c~.0. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( )' N ,(~ne of Applicant for permit of 1575 Lower Road", .S.~.U,~h.qld,.. ~e~ York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... 3.52_5..Lomer...R~a,d ........................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 69 Block 5 Lot 13..2~ trent ................................................................................. u Owner Arthur Carlson Mop No. Lot No. Prior 0wner Judith Terry 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-, 693 section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinanc;e.)~r~, Article III Section 100-31 A ........ ,~Ar~'"~-~-~(~'*~J 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 lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. ]~ Sec. 280A Subsection 3 (X) Interpretation of above zoning ordinance, 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance · and was made in Appeal No ...... ~.~.7..~. ................. Dated ...,~,tlgg,~.F,..~.~.,..,],.9.c)..g. ................. .i ........... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) This constitutes an amended application to Appeal number 3975. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because strict enforcement of the Southold Town Code would effectively put us out of business and indirectly adversely affect many local Southold Town Fisherman. The Southold Town Code does not adequitly protect the fisherman of our Town. Accordingly, we ask that the ~ode treat residents engaged in the aquacultural business and the agricultural business equally. We are engaged in the business of packaging and distribution of locally produced aquatic products;just as farmers are engaged in the business of packaging and distribution of vegetables, amd as wineries are engaged in the business of packaging a,[d distribution of wine. ~.- -T~e- Ye.erie ~ ,eh. se r-ye -t;he -spi. ri,t -~-tha- On::~.nan~ e -o~d - ~NJ4_*D- -NOT- .-C..N.A N G E. -'THE - C- t4ARA(;;TE-R- .OF-T-N E..I~S.T4~ CT -b~cc~.t.s~. - STATE OF NEW YORK COUNTY OF Signature A~THUR CARLSON Sworn to th~s .......... ,1. p..t..h.. .......................... day of.....J.~n.u...a.r~ ................................... 19 91 ................ Notary Public lt~r/~ 8~1~ d N~ Yak Qud~ b 8undcamy WILLIAM C. GOGGINS Zoning Board of Appeals Town of Southold 53095 Main. Road P.O. Box 179 Southold, New York 11971 McNULTY- SPIE~S$ ATTORNEYS &COUNSELORS AT LAW ~33 EAST HAIN STREET P. O. BOX 757 January 15. 1992 EDWARD D. BURKE OF COUNSEL Attention: Linda Kowalskl Interpretation application of Arthur G. Carlson; Application No. 3975 Dear Ms. Kowalski: Please be informed that Arthur G. Carlson will be out of Town until March 6, 1992. Accordingly, we ask that the above referenced matter be calendared after such date. Thank you for your attention to this matter. WCG/cam Very truly yours, APPL. NO. 3975 - APPLICATION FOR ARTHUR CARLSON A NEW FOLDER WAS STARTED FROM THIS POINT IN TIME, which include: 10/11/91 10/11/91 Notice of Disapproval, as amended by Building Inspector Changes to Appeal Application byAttorney Goggins appealing Section 100-31A(2) of the Notice of Disapproval (instead of the wineries section of the code, which would have required special exception application and review). 10/22/91 ZBA letter to Mr. Goggins requesting information not previously received (7-22-91 ZBA letter), and requesting a parking plan and new appeal form with changes, signature and notary completed. ,JOHN R. MCNUETY JAMES SPIESS WILLIAN C. GOGGINS McNULTY- SPIE$$ September 26, 1991 Mr. Gerald P. Goehringer Chah~man Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: ApplicaUon of Arthur Carlson Dear Mr. Goehringer: In response to your letter dated September 16, 1991, in order to remove any Jurisdictional defect in the above referenced matter, the "Notice of Disapproval" dated August 23, 1990 should be amended. Sometime in February, 1990, Arthur Carlson approached the Town to clear any apparent or alleged violations to his property. The Town instructed Mr. Carlson to submit a building permit and in response the Town would deny same allowing Mr. Carlson to be heard before the Zoning Board of Appeals. Accordingly, the permit was submitted and denied by virtue of a "Notice of Disapproval" dated August 23, 1990 citing Article III, Section 100-30 of the Southold Town Code. and the Zoning Board of Appeals heard the matter on November 1, 1990. Sometime in January, 1991, Mr. Carlson hired my fl~m to represent him. I moved to amend the application, and requested a new hearing. Because Mr. Carlson is asking for a "use" interpretation, we submitted an application asking for an interpretation of the use. The defect in the applicaUon lies in the aforemenUoned "NoUce of Disapproval" which cites Article III, Section 100-30 which is the "purpose" section of the code, and consequently has no bearing on a use interpretation. I believe that someone in the building depa~'bl~ent simply incorrectly McNULTY- SPIESS Mr. Gerald P. Goehringer September 26, 1991 Page 2 transcribed the wrong section, in that although someone cited Section 100-30 he or she meant to cite Article III, Section 100-31A. I believe that the inadvertent mistake can be corrected Nunc Pro Tunc, and I will pursue same. Please note that I have not been ignoring this application. In response to your letter dated July 22, 1991 and to a letter signed by Supervisor Scott Harris addressed to Mr. Ted Klos and Mr. Andre Moraillon dated July 24, 1991, I met with Assistant Town Attorney Matthew Kiernan to discuss this matter to explore possible alternatives. Mr. Kiernan and I then met with Mr. Victor Lessard to discuss the aforementioned "Notice of Disapproval". At the thne the Building Department's file on Arthur Carlson was missing so no action was taken. If you would like to discuss this matter, I am v~lling to meet with you at your convenience. WCG/blk cc: Matthew G. Kiernan, Esq. WILLIAM C.~S WILLIAM C. GOGGINS McNULTY- SPIESS September 26, 1991 Mr. Gerald P. Goehringer Chairman Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Arthur Carlson Dear Mr. Goehringer: In response to your letter dated September 16, 1991, in order to remove any jurisdictional defect in the above referenced matter, the "Notice of Disapproval" dated August 23, 1990 should be amended. Sometime in February, 1990, Arthur Carlson approached the Town to clear any apparent or alleged violations to his property. The Town instructed Mr. Carlson to submit a building pei-aflt and in response the Town would deny same allowing Mr. Carlson to be heard before the Zoning Board of Appeals. Accordingly, the permit was submitted and denied by virtue of a "Notice of Disapproval" dated August 23, 1990 citing Article III, Section 100-30 of the Southold Town Code, and the Zoning Board of Appeals heard the matter on November 1, 1990. Sometime in January, 1991, Mr. Carlson hired my firm to represent him. I moved to amend the application, and requested a new hearing. Because Mr. Carlson is asking for a "use" interpretation, we submitted an application asking for an interpretation of the use. The defect in the application lies in the aforementioned "Notice of Disapproval" which cites Article III, Section 100-30 which is the "purpose" section of the code, and consequently has no bearing on a use interpretation. I believe that someone in the building department simply incorrectly McNULTY- SPIESS Mr. Gerald P. Goehringer September 26, 1991 Page 2 transcribed the wrong section, in that although someone cited Section 100-30 he or she meant to cite Article III, Section 100-31A. I believe that the inadvertent mistake can be corrected Nunc Pro Tunc, and I will pursue same. Please note that I have not been ignoring this application. In response to your letter dated July 22, 1991 and to a letter signed by Supervisor Scott Harris addressed to Mr. Ted Klos and Mr. Andre Moratllon dated July 24. 1991, I met with Assistant Town Attorney Matthew Kiernan to discuss this matter to explore possible alternatives. Mr. Kiernan and I then met with Mr. Victor Lessard to discuss the aforementioned "Notice of Disapproval". At the time the Building Department's file on Arthur Carlson was missing so no action was taken. If you would like to discuss this matter, I am v~lltng to meet with you at your convenience. WCG/blk cc: Matthew G. Kiernan, Esq. Very/ml~//~,ours, , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~F SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 16, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Application for Arthur G. Carlson Dear Mr. Goggins: It has been approximately six weeks since our last letter to you. In the event we do not hear from you in writing within the next 21 days, we will assume that you are no longer pursuing the application before this Board, and this application will be · deadfiled. In any event, a new application with a corrected Notice of Disapproval together with copies of a'written application for the issuance of same, and other necessary documentation, may be filed. (As you know, the application on file is not in proper form causing a jurisdictional defect.) Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure (7/22/91 ZBA letter) Info Copies to: Town Attorney's Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD,gF APPEALS TOWN OFSOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 22, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Application for Arthur G. Carlson Dear Mr. Goggins: In updating file reviews at our July 12, 1991 Regular Meeting, it is noted that we have not received a response to our May 16, 1991 letter, a copy of which is attached for your convenience. Upon receiving the amendment to the application in March, it was confirmed by you that an appeal for interpretation is requested in lieu of an appeal for variance relief. Since a request for an interpretation is still considered an appeal, the following documents are necessary: (1) a written order, decision or determination (Notice of Disapprogal) from the Building Inspector outlining the specific grounds with Article, Section, and Sub-section of the Code, upon which this interpretation, as amended, is being requested- (Please note that the Notice of Disapproval dated August 23, 1990 refers to 100-30, which is different from the application and notices amended by you on March 6, 1991. Please apply a specific section/sub-section of the Code from a Notice of Disapproval for consideration. (Should more than one section/sub-section be appealed from, separate applications will be required for each request). (2) a copy of the application or documentation submitted to the Building Inspector upon which the Notice of Disapproval was based. (No record of an application to their office was found.) In the interim, please describe in writing any activities affected under this appeal for interpretation, as amended (such as retail on-premises sales, wholesale off-premises, storage, Page 2 - July 22, 1991 To: William C. Goggins, Esq. Re: Application for Arthur G. Carlson as retail on-premises sales, wholesale off-premises, storage, preparation of shellfish for shipping, cooking or other types of food processing, accessory parking area for loading and unloading, number of accessory parking spaces available for resident parking and other vehicle parking). If the retail and wholesale activities are not part of the "maricultural operations," please confirm. (The hearing on the variance request in November 1990 indicated retail and wholesale.) Please submit the above items as soon as possible in order that we may calendar and advertise specifics of the application, as amended, for a public hearing. Very truly yours, GOEHRINGER GERARD p. lk CHAIRMAN Enclosure APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, .ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOU~O~ SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 22, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Application for Arthur G. Carlson Dear Mr. Goggins: In updating file reviews at our July 12, 1991 Regular Meeting, it is noted that we have not received a response to our May 16, 1991 letter, a copy of which is attached for your convenience. Upon receiving the amendment to the application in March, it was confirmed by you that an appeal for interpretation is requested in lieu of an appeal for variance relief. Since a request for an interpretation is still considered an appeal, the following documents are necessary: (1) a written order, decision or determination (Notice of Disapproval) from the Building Inspector outlining the specific grounds with Article, Section, and sub-section of the Code, upon which this interpretation, as amended, is being requested- (Please note that the Notice of Disapproval dated August 23, 1990 refers to 100-30, which is different from the application and notices amended by you on March 6, 1991. Please apply a specific section/sub-section of the Code from a Notice of Disapproval for consideration. (Should more than one section/sub-section be appealed from, separate applications will be required for each request). (2) a copy of the application or documentation submitted to the Building Inspector upon which the Notice of Disapproval was based. (No record of an application to their office was found.) In the interim, please describe in writing any activities affected under this appeal for interpretation, as amended (such as retail on-premises sales, wholesale off-premises, storage, Page 2 - July 22, 1991 To: William C. Goggins, Esq. Re: Application for Arthur G. Carlson as retail on-premises sales, wh61esale off-premises, storage, preparation of shellfish for shipping, cooking or other types of food processing, accessory parking area for loading and unloading, number of accessory parking spaces available for resident parking and other vehicle parking). If the retail and wholesale activities are not part of the "maricultural operations," please confirm. (The hearing on the variance request in November 1990 indicated retail and wholesale.) Please submit the above items as soon as possible in order that we may calendar and advertise specifics of the application, as amended, for a public hearing. Very truly yours, GERARD P. GOEHRINGER lk CHAIRMAN Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, ,Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 16, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Application for Arthur G. Carlson Dear Mr. Goggins: It has been approximately six weeks since our last letter to you. In the event we do not hear from you in writing within the next 21 days, we will assume that you are no longer pursuing the application before this Board, and this application will be deadfiled. In any event, a new application with a corrected Notice of Disapproval together with copies of a written application for the issuance of same, and other necessary documentation, may be filed. (As you know, the application on file is not in proper form causing a jurisdictional defect.) Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure (7/22/91 ZBA letter) Info Copies to: Town Attorney's Office APPEALS BOARD MEMBERS Gerard P. Goelu'inger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 16, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Amended Application for Arthur G. Carlson Dear Mr. Goggins: In recently reviewing the above file material in order to calendar same for a new public hearing, it is noted that the application as amended and noticed has not been based upon a decision or determination of the building inspector as required by Article XXVII, Section 100-271, which, for your convenience, reads: · ..D. Interpretations: On appeal from an order, decision, or determination of an administrative officer, board or agency, to decide any of the following: 1 determine the meaning of any provision of this chapter (100) or any condition or requirement specified or made under the provisions... Please provide us with a written order, decision or determination from the building inspector outlining the grounds with Article and Sections of the Code, upon which this interpretation is requested in order that this matter may be calendared for a public hearing. Thank you. Very truly yours, GERARD p. GOEHRINGER lk CHAIRMAN FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .~.~.~. .... ¢~ ~ ....... 19 ~ O.. for permit to '~,,)rq-..~iz~,~.... IkP,-t~.~0~. ~.....(..~.~ ~ ............ at LocationofProperty /..,~...'~...~.--.... t~.~ ~,.el. .~~..~. ....... house No. ' ............... 'S't;e3i .... Ham/et County Tax Map No. 1000 Section ....~ ~0.eJ ..... Block .... l~. ~- ..... Lot ... J. ~'~ o.,~... Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the fol~ow~,g grounds .C~g.'~...~.. ~;[L~,!~'-~ · ~.~. · .' ~&. ~. ~...~.~.~... ~..~,..~. ~...-r,~~, ~ .................................. ......... ::: Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK AMENDED APPLICATION OF APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3975 TO THE ZON NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (We) Ar t.~.u.m...q~.~.~.~ ......................... of ...15.7.5...~we.~..Ro,~cJ ....... Name of Appellant ................ Street and Numbei~/! Southold .~.~..e..~...~.o..~.J~ ....... HE~REBY APPEAL TO Municipality State THE ZON,NG BOARD O~ APPEALS ~ROM THE DEamON UP THE eU~LmNe ~NSPECTO~ ON APPUCAT~ON FO~ PERMIT NO ..................................... DATED ..... ~.u..~...g~.,.....Z.~..0. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( )' Nq~ne of Applicant for permit of 1575 ~o~er Road', .S..9.~.?.l?,g.~,~..,...~g~.W. York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... 152~..Lomer...~oa~ ........................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 69 Block 5 Lot 13 .~¢ ............................................................................. . . ,'. urrent 0~ner Arthur Carlson Map No. Lot No. Prior Owner Judith Terry 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 III Section 100-31 A ~:... . ~, ~. 3. TYPE OF APPEAL Appeal ~s made herewith (or (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) Interpretation of above zoning ordinance, 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ...... .3..~7..~. ................. Dated ...~lJgl,l,,s.i~..,~.6.,..,~..9.~.0. ................. ..[ ........... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance ~o the Zoning Ordinance (X) This constitutes an amended application to Appeal number 3975. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficultiesorunneces- sory HARDSHIPbecouse strict enforcement of the Southold Town Code would effectively put us out of business and indirectly adversely affect many local Southold Town Fisherman. The Southold Town Code does not adequitly protect the fisherman of our Town. Accordingly, we ask that the Code treat residents engaged in the aquacultural business and the agricultural business equally. We are engaged in the business of packaging and distribution of locally produced aquatic products;just as farmers are engaged in the business of packaging and distribution of vegetables, and . .... as wineries are engaged in the business of packaging a~d distribution of wine. 2~ - -T-~ 4~s~a ~-c~ eat ~d. Ls-U b~K~tE, o~L Ls-not .~Aaced -by. roll_ pmpe~tle~..cLike. -in -tho -immedk~te v~.i ed ~',/- el- ~r~. le oep er4~/- ee~L -i~ ~d~i s. edse- elis~t- .~eecmlse- ~.- -~e- Ye~er,~e -would- ebser~e -t:he -spkgt -e~-the- O,~J~r,.~;e -ond - WOOL-D- -NOT- -C.~-AN G F. -3:1'4 g - STATE OF NEW YORK ) COUNTY OF ) Signature Sworn to this .......... .]:...9..C..~. ........................... day of....~.a..~3.~...a.~.y ................................... 19 91 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oF the Petition of : Arthur Carlson : to the Board of Appeals of the Town of $outhold : TO: Theodore Klos Ackerly Pond Lane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That ii is the intention of lhe undersigned to petition the Board of Appeals of the Town of $outhold to requesta (Variance) (Special Exception) (Special Permit) (Other) [ci£cle choice] Interpretation )- 2. That the property wi~ich is the subject of the Petition is located adjacent to your property and is des- cribed as follows: SCTM# 1000-69-5-13.2; 1575 Lower Road Southold, New York 11971 ~ 3. Thatlhepropert¥ whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Article III (A~ricultural-Conservation (A-C) District~ Section 100-30 through 100-33 4 ]hdlh~o~hPetilion, lheondersignedwillrequestthefollowingrelief: as interpretation _~.~ng that aquacultural ~se falls within the purview of agricultural use, $. That the provisions of the ~outhold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sect_ion 100-3lA and 100-~1 B (13) [ ] Section 280-R, New York Town Law for approva] of access over rtght(s)-of-way. b. That within five da~.s from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma}' then and there examine the same during regular office hours. (51.6) ?~5-1809. 7. That before the relief sough: may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 19th, 1991. Petitioner Kr thur Carlson ~' Owners 'Names: c/o McNulty-Spiess Post Office Address 633 East Main Street. P.O. Box 757 Riverhead, New York 11901 Tel. No. (516) 727-8200 [Copy of sketch or plan showing purposes.] proposal to be attoc e~e~~en:o6ce APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 22, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Application for Arthur G. Carlson Dear Mr. Goggins: In updating file reviews at our July 12, 1991 Regular Meeting, it is noted that we have not received a response to our May 16, 1991 letter, a copy of which is attached for your convenience. Upon receivingthe amendment to the application in March, it was confirmed by you that an appeal for interpretation is requested in lieu of an appeal for variance relief. Since a request for an interpretation is still considered an appeal, the following documents are necessary: (1) a written order, decision or determination (Notice of Disapproval) from the Building Inspector outlining the specific grounds with Article, Section, and Sub-section of the Code, upon which this interpretation, as amended, is bein~ requested- (Please note that the Notice of Disapproval dated August 23, 1990 refers to 100-30, which is different from the application and notices amended by you on March 6, 1991. Please apply a specific section/sub-section of the Code from a Notice of Disapproval for consideration. (Should more than one section/sub-section be appealed from, separate applications will be required for each request). (2) a copy of the application or documentation submitted to the Building Inspector upon which the Notice of Disapproval was based. (No record of an application to their office was found.) In the interim, please describe in writing any activities affected under this appeal for interpretation, as amended (such as retail on-premises sales, wholesale off-premises, storage, Page 2 - July 22, 1991 To: William C. Goggins, Esq. Re: Application for Arthur G. Carlson as retail on-premises sales, whplesale off-premises, storage, preparation of shellfish for shipping, cooking or other types of food processing, accessory parking area for loading and unloading, number of accessory parking spaces available for resident parking and other vehicle parking). If the retail and wholesale activities are not part of the "maricul{ural operations," please confirm. (The hearing on the variance request in November 1990 indicated retail and wholesale.) Please submit the above items as soon as possible in order that we may calendar and advertise specifics of the application, as amended, for a public hearing. Very truly yours, GERARD P. GOE~IRINGER lk CHAIRMAN Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Te|ephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 16, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Amended Application for Arthur G. Carlson Dear Mr. Goggins: In recently reviewing the above file material in order to calendar same for a new public hearing, it is noted that the application as amended and noticed has not been based upon a decision or determination of the building inspector as required by Article XXVII, Section 100-271, which, for your convenience, reads: ...D. Interpretations: On appeal from an order, decision, or determination of an administrative officer, board or agency, to decide any of the following: 1) determine the meaning of any provision of this chapter (100) or any condition or requirement specified or made under the provisions... Please provide us with a written order, decision or determination from the building inspector outlining the grounds with Article and Sections of the Code, upon which this interpretation is requested in order that this matter may be calendared for a public hearing. Thank you. Very truly yours, GERARD P. GOEHRINGER lk CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephgne (516) 765-1809 -.~,~ L7?. BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 16, 1991 William Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Application for Arthur G. Carlson Dear Mr. Goggins: As per your recent telephone communications, please find enclosed a blank application form and neighbor notice form which are necessary to be completed and returned to our office for the amendment(s) proposed by you in the above pending matter. Also enclosed are copies of the November 1, 1990 hearing transcript and excerpt from the November 29, 1990 meeting (at which no hearing was held). We ask that you forward a check in the amount of $9.25 payable to the Southold Town Clerk in payment thereof. Upon receipt of the amended forms, it is expected that the Board will calendar same for a public hearing, with re-publication in the official newspapers. It is my understanding that you would prefer this matter be calendared for a March hearing. Very truly yours, Linda Kowalski Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephgne (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 16, 1991 William Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Application for Arthur G. Carlson Dear Mr. Goggins: As per your recent telephone communications, please find enclosed a blank application form and neighbor notice form which are necessary to be completed and returned to our office for the amendment(s) proposed by you in the above pending matter. Also enclosed are copies of the November 1, 1990 hearing transcript and excerpt from the November 29, 1990 meeting (at which no hearing was held). We ask that you forward a check in the amount of $9.25 payable to the Southold Town Clerk in payment thereof. Upon receipt of the amended forms, it is expected that the Board will calendar same for a public hearing, with re-publication in the official newspapers. It is my understanding that you would prefer this matter be calendared for a March hearing. Very truly yours, Linda Kowalski Enclosures November 29, 1990 Southold Town Zoning Board of Appeals Dear Board Members: I respectfully request a recess on the hearing of Arthur G. Carlson Application No: 3975 Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 so I can consult with my attorney. Thank you, Arthur, ~G. ~r. lson John M. Bredemeyer, IlL Presidem Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD -/~i.~ COTI'L. HARRIS j Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 23, 1990 FROM: RE: Scott L. Harris, Supervisor,~ John M. Bredemeyer, II~ident Trustee input / Commerd~ial zoning -- Master Plan At our November 15, 1990 work session the Board of Trustees had the opportunity to reflect on your recent letter requesting Trustee input into the issue of commercial zoning and the Master Plan. The Trustees are of the consensus that mariculture and aquaculture operations should be given similar status to agriculture in Southold Town. Specifically, the culture of beneficial aquatic and marine organisms in upland areas should be afforded similar code protections as agriculture currently enjoys. With respect to the wale or distribution of any locally produced marine or aquatic products, the Trustees believe that historically-run operations which are completely enclosed in a building should be grandfathered and permitted to continue in all zoning districts. With respect to new.operations for the sale and distribution of marine or aquatic products, the Trustees believe that the tenor of the zoning code should be liberal towards their existence with the requirement that operations be covered, have proper parking, and abate nuisances promptly. cc: Town Board Town Attorney Zoning Committee APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 16, 1991 William C. Goggins, Esq. McNulty & Spiess 633 East Main Street P.O. Box 757 Riverhead, NY 11901 Re: Amended Application for Arthur G. Carlson Dear Mr. Goggins: In recently reviewing the above file material in order to calendar same for a new public hearing, it is noted that the application as amended and noticed has not been based upon a decision or determination of the building inspector as required by Article XXVII, Section 100-271, which, for your convenience, reads: ...D. Interpretations: On appeal from an order, decision, or determination of an administrative officer, board or agency, to decide any of the following: 1) determine the meaning of any provision of this chapter (100) or any condition or requirement specified or made under the provisions... Please provide us with a written order, decision or determination from the building inspector outlining the grounds with Article and Sections of the Code, upon which this interpretation is requested in order that this matter may be calendared for a public hearing. Thank you. lk Very truly yours, GERARD p. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Ooehfinger, Chairman Charles (3rigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SE~.RA UNLISTED ACTION DECLARATION Appeal No. 3975Amen~ject Name: Arthur Car]son county Tax Map No. 1000- 69- 5- 13 Location of Project: 1575 L0werR0ad, S0uth0]d, NY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1991 Relief Requested/Jurisdiction Before .This Board in this Project: AP@lication as amended for Interpretation of Wineries Section of the Code This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, 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. {)t_} this Board has taken jurisdiction as Lead Agency, has deemed thiZ Board of Appeals application to be an Unlisted SEQRAAction, 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 info~mation, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516)' 765-1809. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Town Clerk's Office Zoning Board of Appeals March 19, 1991 Arthur G. Carlson - Appl. No. 3975 Please attach this amended application of Arthur G. Carlson to the original appeal. ,JOHN R. MCNULTY ,JAMES SPIESS WILLIAM C. GOGGIN$ Board of Appeals Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 McNULTY- SPI~'SS ATTORNE;Y$ & COU.SE;L. ORS AT [,.AW ~33 E;A~BT MAiN STR[E;T March 5, 1991 Re: Amended Application of Arthur G. Carlson Gentlemen: In connection with the above referenced matter, please find enclosed the amended application seeking an interpretation of Article 3 Sections 100-31A and 100-31B (13) of the Southold Town Code. Also enclosed please find Notice of the Petition to all the adjacent property owners, together with affidavits of service. If you find the application is in order, please calendar this matter for a Public hearing in March or the next available hearing thereafter. If you have any questions, please do not hesitate to contact the undersigned. Very truly yours, WILLIAM C. GOGGINS WOG/cam Enclosures TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 9 7 5 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. I (We) ...... ~ .:. ~.b,.~....~ ft ~:. ~ ~.Q~ ......................... of.... 15.7. 5...L~.we.z:.. ~.o a.d ....... I~..[.ggl~ Nome o, pe,,o Str.t .............. ~0.?'.t..'~..O...1..d. .............................................................. ~],~.~..~.o.~.~ ....... H tREBY APPEAL TO ~ Municipality State THE ZONING BOARD OF APpEALs FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .A.~.u...s.~....2..~..,.....1.~.?..O. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ~x) ( ) ( )' Nclene of Applicant for permit of ....... .. xls. ..................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... 152.~..Lomer...]Laax~. ........................................................... Street /Hamlet Use District on Zoning Map District 1000 Section 69 Block 5 Lot 13..~ ten' ................................................................................. ur t Owner Arthur Carlson Map No. Lot No. Prior Owner Judith Terry 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 III Section 100-31 A and 100-31 B (13~ 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 lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) Interpretation of above zoning ordina~¢~, 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode 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 Appea! No ...... .3..~...~. ................. Dated ...~g~.~..~§.,..,~.9.9..0. ................. ..i ........... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) This constitutes an amended application to Appeal number 3975. Form ZBI Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce pmcticoldifficultJesorunneces- sory HARD~HIPbecau~ strict enforcement of the Southold Town Code would effectively put us out of business and indirectly adversely affect many local Southold Town Fisherman. The Southold Town Code dpes not adequitly protect the fisherman of our Town. Accordingly, we ask that the ~ode treat residents engaged in the aquacultural business and the agricultural business equally. We are engaged in the business of packaging and distribution of locally produced aquatic products;just as farmers are engaged in the business of packaging and distribution of vegetables, and as wineries are engaged in the business of packaging and distribution of wine. ~e~ mi~- el- th~s- proper~¥- erld- ~ 4~i~- ~6e- dish'kb 3.- .~e- Ye~o~ee -wot~J~ ebse~e-t~e -.Sl~i,"i* .-~- t.h~ - O~<~r~m~ e -crud - WOL,q--D- -NOT- -~..H~NGF. -~:ld £ - C-I-,..tA RAC:I: E-R- .OF-T-.N F...~,S.'T-~ C~ ..ber. o~e. - STATE OF NEW YORK ) COUNTY OF ) Signature A~THUR CARLSON Sworn to this .......... .]:...9..t..h.. .......................... doy of....J~n~.,a.~,y ................................... 19 91 Notary Public i ~ Mmk l~ ma .o..o.a e( TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .~-4A~.~.~/ .... c=~ ~ ...... ,19 .~. O.. uo,,, 3io. ' .................. 's'tlo31 .... Ham/et County Tax Map No. I000 Section ....(~{a.~ ..... Block .... ~.~ ..... Lot ... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~A.'~...21~.. ~k.~.-.a.. ~..~. ~.~... ~ ~,..~. ~~~. ~.. ~~...~.: .......................................... Building Inspector RV 1/80 1 2 3 4 6 ? 8 9 10 11 ~2 13 14 15 16 17 18 ~9 20 21 22 23 24 25 TOMN OF 8OUTHOLD ZONING BOARD OF APPEALS COUNTY OF 80FFOLK : *STATH OF ~(K# YORK ZONIHO BOARD OF APPEALS HEARINO : ................... " Town Hal l 53095 Main Road P.O. Box 1179 Bouthold, Hew York 11971 November 1, 1990 7:30 P.M. BKFORN : BOARD NKNBERS: GLqtARD P. OOKHRINOER, Chairman. 'CHARLNS ORIGONIS, SERGE DOYEH, JR. JOSNPH H. SA~ICKI JAHE8 DINIZIO, JR. JR. - Absent ALSO PI~BKNT: LINDA KOWALSKI, Board Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2~ 22 23 24 25 decision until later. MR. ORIGONIS: THE CHAIRMAN: MR. GRI~ONIS: MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: (Time noted: THE CHAIRMAN: Appeal Number 3975, Carlson. The legal second. All Aye. 54 in favor? Thank you very much. 8:56 p.m.) The next appeal is a in behalf of Arthur ~. notice reads as follows: (Legal notice read off record.) THE CHAIRMAN: I have a copy of what appears to be a minor subdivision at one time, in which includes this particular lot, which is ~0t Number $ ~f that minor subdivision, which has a rather large two- story frame home on the premises at the time and at least two barns, one of which is on the westerly line and one on the northerly line -- property line of the premises. The accesses for the premises are on Lower Road and Ackerly Pond Lane, and I have a copy of the Suffolk County Tax Map indicating this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 2O 2~ 22 23 24 25 55 and surrounding properties in the area. Hould you like to be heard, Hr. Carlson, or are you represented by counsel? NR. CARLSON: &rthur Carlson, the applicant. This is a family business. It has been in existence for over 25 years and -- both workinq on the water as baymen and continued on to where we were buyin~ products and outbuying from other fishermen -- local Southold Town fishermen -- lobstermen, scallopers. He created a facility that didn't exist before in town. The lobstermen that catch for us, there is no other facility in town that could handle their products. They have to ~ out of to~ to sell them, which would he money going out of town. He take it out of town and sell it, and bring the money back into town. The conchs, there was no market for them until we created a market for them. They had shops for these. There are scallop shops, all licensed and inspected, really by the DEC and the Department of Agriculture. 1 2 3 4 5 6 ? 8 9 10 11 12 13 '14 15 16 17 18 19 2O 21 22 23 24 25 56 Everything is totally cleaned.and disinfected every working day. There are no odors. People remark how clean we keep the place. They wonder how we can do it and we are -- great financial hardship on myself and my son's family and many, many baymen if this was denied. Thank you. ?HE CH&IRMAN: Before you leave me or leave us, we of course have been up and toured your facility and you were kind enough to have Hr. Dinizio come up at the time when you were processing conchs -- actually steant~ng them at that time. What is the earliest possible time that someone may deliver fish to you? H~.' CARLSON: ~e are bordered by Lower Road on the front, with the cemetery across the street, a farm on the west side, north side is my son's property, and on the east side there are three gardens that back up and touch our fence which is on the furthest part of my property -- the east -- a few hundred feet. THE CHAIRNAN: What would be the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 earliest possible time that deliver fish to you, time? MR. CARLSON: someone may and the latest Normally they come 57 possible What do you mean? Either the lobsters, We put them in our truck and deliver them out of town. THE CHAIRMAN: So there are no tractor-trailers coming to your site? MR. CARLSON: You couldn't get a tractor-trailer in my site. THE CHAIRMAN: The largest truck used those up? MR. CARLSON: THE CHAIRMAN: conchs or whatever. MR. CARLSON~ during the afternoon or early evening. THE CHAII~MAN: What would be the latest time they come at night, past eight o'clock? MR. CARLSON: Six or seven o'clock. We normally close at six. THE CHAIRMAN: When you process the fish, do you physically take those fish to the market to sell them or does someone pick 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 58 would be the truck we see there that ,has a box on it, or s pickup truck? HR. CARLSON: That's it. THE CHAIRHAN: Does that particular truck have a freezer on it or a unit on it? MR. CARLSON: No. They are all insulated and we use ice that we make there. THE CHAIRMAN: So then -- there is no noise emanating from a truck that would be stored on the site with a refrigeration unit on -- HR. CARLSON: Definitely not. THE CRAIRHAN: There is one other question. How old is the largest barn which sits to the west side of the property? HR. CARLSON: It dates back to the original part of the house. THE CHAIRMAN: You merely added on to the barn? HR. CARLSON: A couple of feet a few years ago, yes. THE CHAIRHAN: I don't think I have any further questions at this time, Mr. Carlson, but we will see what develops 1 2 3 4 5 6 7 8 9 10 11 12 ~3 14 15 16 17 38 39 20 23 22 23 24 25 throughout the hearing. 59 Is there anybody else that would like to speak in favor of the application? MR. CLAUDE CARLSON: Claude Carlson, Arthur's son and I am in the fanttly business. We have lived there our whole lives in the fishing business, working on the water and dealing with our relatives and some friends in town here. And I am just trying to go over what he might have missed that I would like you to know about. That he did mention we have gone through the process over the years as his business has grown, that we have complied with all regulations, to get all permits that are 'required when we added our barn onto -- in the beginning we got all DEC permits or agricultural permits. So we followed all procedures as we thought they were -- we were supposed to properly. We feel -- I personally feel that we are like farmers of the water. We work on the bays and we bring stuff in, and we need a place to store it in our coolers till we 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 move it back out of town. We can't keep lobsters alive without keeping them somewhere in the cooler, for instance, and that we are not running any type of retail business. Ail we are trying to do is handle all of our products that we catch ourselves, in our family -- family members and some of the ones that we deal with -- some of them going as far back as approximately 20 years that have caught lobsters for us. We have only been at that location 18 or 19 years, but, you know, we have been in the same kind of business for our whole lives in this town. THE CHAIRMAN: You live on Lot Number 2, which ~s a ranch house that faces Ackerly Pond? MR. CLAUDE CARLSON: Right. So the barns are in his backyard and they are also in my backyard. THE CHAIRMAN: When somebody delivers something to you, do they use the Ackerly Pond access or the Lower Road access? MR. CLAUDE CARLSON: They use both. 1 2 3 4 5 6 7 8 9 10 12 33 14 15 16 17 18 19 20 21 22 23 24 25 61 #e haven't had any problem as far as,.I know. The closest neighbor to us on my side has been very good friends to us and we have no complaints. THE CHAIRMAN: For the record -- so let me Just mention Esr the record that both accesses are either of sand or they are unpaved. MR. CLAUDE CARLSON: Gravel. THE CHAIRMAN: Is there anything else you would like to say? MR. CLAUDE CARLSON: No. That's about it. I just wanted you to realize what effect this would have on both our families. THE CHAIRMAN: Is this the sole support of your income, tl~s business? MR. CLAUDE CARLSON: Yes. THE CHAIRMAN: And your father? MR. CLAUDE CARLSON: Yes, both our families and our kids £n college. This is our family business we built together and it Just has fallen into place over the years. THE CHAIRMAN: How many people would you say you are in contact with that -- or 1 2 3 4 5 6 7 8 9 10 12 13 14 35 16 17 18 19 20 21 22 23 24 25 that avail themselves of your business? J4R. CLAUDE CARLSON: Probably 50 or 60 local people in town, but it is -- every year it varies. For instance, some years we handle bait mussels. People catch bait mussels. They bring them to us. He buy them and store them. I also have mussels, the different years. The last few years have been very difficult because we haven't had any mussels, any bait mussels because of the brown tide. Striped bass has been taken away -- just given back to us this year on a limited basis. We have had hard times over the last few years trying to keep things together in this business, to begin with. But to answer your question more fully, there are about 50 or 60 people but over a given year msybe 30 or 40 because we have ten lobster boats that bring lobsters to us. This year, for instance, we had a dozen scallop boats. The other years we had as msny as 20 people scalloping and selling us their products. As far as conchs go, we probably have about 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 25 63 eight or ten boats that catch conchs ~or us in town. I would like to mention one other thing, talking about processing -- is that originally, we created a market for conchs. You are not allowed to throw them back overboard. They are shellfish predators. They are not supposed to be thrown overboard. We looked for the market and created the market for them originally by busting them out of the shell. We found by steaming them for a short time we could take them out of the shell without going through the work of busting them. We only pack shellfish. Lobsters, scallops, and conchs are our ~a~ic~busines~. We don't handle fish, except for what fishing I do. THE CHAIRMAN: How would you compare your operation to a farmer? MR. CLAUDE CARLSON: I would say we are very similar to a farmer in one aspect of what we do on our own, but it would be like having neighbors or other farmers or relatives that we handle packing their stuff 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 to take out of town for sale. THE CHAIRMAN: Do you change the physical characteristic of the products you use, that you have? 64 MR. CLAUDE CARLSON: No. THE CHAIRMAN: Do you slice the conchs to a point they are sold en masse, in one piece? MR. CLAUDE CARLSON: No. We don't have any kind of final processing type of operation. Ail we are trying to do is market a product in the bulk form. THE CHAIRMAN: So the greateet degree of processing that you would do would be to extract the eye of the scallop out of its shell? MR. CLAUDE CARLSON: Exactly, extract the conch out of the shell. THE CHAIRMAN: You wouldn't be extracting lobster meat out of the lobster, would you? MR. CLAUDE CARLSON: No. We don't want to deal with lobster meat. We just deal with live lobsters. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: much, Mr. Carlson. MR. CLAUDE CARLSON Wa thank you very Thank you. 65 THE CHAIRMAN: Is there anybody else that would like to speak in favor of this application? M~MBER OF THE AUDIENCE: Yea. THE CHAIRMAN: State your name for the record, please. MR. DeMAULA: My name is Anthony DeMaula. I am one of the original fishermen that started with Mr. Carlson, when Claude was still in school playing baseball. Sandy and I have done business for 25 years at other locations and at this one here. I supplied ~'im ~ith con~hs. I supplied him with lobster mainly, and occasionally fish when he had special orders. The fishing industry, as you all well know, is in kind of a low ebb in our end of the community here. Mr. Carlson, in his Business, is an absolutely vital part of this community, as far as fishermen are concerned. The competitiveness of several 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 buyers -- we have George Braun. 66 We have other small markets in Oreenport that do buy the products, but the amount of product that is handled by Hr. Carlson is relatively too vast for the local market. Oeorge Braun would probably be the closest thing that could handle it, but he has h~s own fishing boats -- gentlemen that deal with him, and if you took the people that deal with Hr. Carlson and kind of turned those loose on the market here, it would be detrimental not only to the gentlemen doing business with these other people because it would cause a glut in the market and repress our prices. We all know that this business ia a supply and de and business. It would cause -- if we had to, we would have to transport. We would have to lose fishing time by transporting our product down the Island, to Connecticut, or other places like that, and try to develop our own market which is very difficult when you are a fisherman. You are either a fisherman or a wholesaler and dealer like Hr. Carlson. So he has provided 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not only my family, but many families.with a guaranteed safe market of fish -- a fair safe market for over 25 years. For this type of a -- Mr. Chairsmn, for this type of a situation to come up, where he has been a long-standing business in this area, is to me a little bit ludicrous. It is here and we are addressing it as such. I honestly believe as far as the hardship goes, it would be of a tremendous hardship to the men, especially the lobster business at this particular time. Mr. Carlson and his son move a tremendous amount of lobsters provided by the 10 -- 12 -- 14 boats depending on the time of year and without his business there to help us move our products, we all would be -- we would have some very difficult times. We either have to lose fishing time and go peddle our products or we would have to hire somebody to drive our truck and to create our own markets. We just couldn't do that. Fishing or farming and tourism is the mainstay of Southold Town, and this man has 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 68 helped the fishing end of it and to create a good market. I thank you very much. THE CH&IRMAN: Thank you, sir. Is there anybody else that would like to speak in favor of the application? MR. WENCZEL: Peter #enczel. I am a commercial fisherman and I also am president of the Southold Town Baymen's Association. I would just like to speak for both myself and the baymen in the Town of Southold, generally, and just say that Hr. Carlson's business is very important for all the fishermen in Southold. I personally have relied on it for 13 years now, and there are' a lot of people ~ho are in the same situation. The conch processing is very important. It is not something that you can do yourself. You have to have a facility set up and get all the permits and all that, and it is just -- it is essential for anybody that does that kind of fishing. The bay scallop processing is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bec0nt~ng the same kind of thing. 69 It used to be a kitchen industry. Everybody used to shuck at home. Now, because of all the DEC regulations and the Department of Health regulations, it is almost prohibitive cost- wise to set up a shop of our own if you do it right. So his operation is very important to all of us, and I just want to say I think the variance should be granted. THE CEAIl~f~: Thank you very much, Is there anybody else that would like to speak? LATSON: Steve Latson. I am chairman of the Water Revitalization ~ssociation. ~nd obviously, from what has been said, that Sandy's business is very important for the fishermen in this town. ~nd next year when you have the scallops coming back, it is going to be extremely so. I think he has the only legal opening shop left in the whole town. secretary' to ~he Baymen's l%ssociation, also 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7O From the standpoint of Waterfront Revitalization, I think it is really important to start looking at the zonzng code in Southold Town. Currently, I land my scallops in the Town creek at my mother's dock. That is actually illegal. That is illegal. We have got a lot of code problems. I think starting with the variance here is a good place to start. We work on it with the Waterfront Revitaliza- tion, working on the problem that the code doesn't address fishing as Being really an existing industry at this point, But you do hear about it when the politicians start talking. I !thin~ that i~ about all I have to say. I think it is really important that his variance be granted, and I think also it is really important that you guys get together with the people and involved with the committee and start altering the codes to start helping the fishermen Because we keep hearing about the fishermen and how important he is; and he is, but really, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2:2 23 24 25 basically, we are getting shut out Of the town. Thank you. THE CHAIRMAN: Thank you. Ia there anybody that would like to speak against the application? Mr. Flynn? MR. FLYNN: I am F. M. Flynn, resident of the Town of Southold. The grievous nature and scope of this application is such that I would like to address it in detail. My purpose is to create a record for the future should such be required. THE CHAIRMAN: How long do you think this will take you, Mr. Flynn? MR. FLYNN: I would say upwards from five to ten minutes, Here, again, we are confronted with yet another transparent attempt to rezone via variances. What is asked for here can only be accomplished by means of a rezoning. May I remind you that Chapter 100 of the Town Code Zoning states, as one of its purposes, "The gradual elimination of non- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 conforming uses." This is hardly consistent with their creation, proliferation, expansion or ultimate approval by this Board. Now there is a basic question here. The legal notice said we are involved with Lot 13.2. I hear reference now also to Lot 13.4 which is not part of the legal notice. THE CHAIRMAN: It.is not part of this application. MR. FLYNN: Then it is not part of the legal notice which brought me in here. THE CHAIRMAN: Lot 13.2 is the only one that has this particular operation on it. His son lives on 13.4. I assume that is the o~ you are raising. His son has a one-family dwelling on that piece. MR. FLYNN: It appears to me that part of the existing operation is on Lot 13.4. THE CHAIRMAN: No. MR. FLYNN: At any rate, that's not really a problem enrolled here. The subject lot, Lot Number 13.2, is one acre in area in 10 11 ~2 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 an. A-C or 2-acre district. It is by .Town 73 Code definition a nonconforming lot. With respect to use, the applicant seeks a veritable melange of uses classified by him as maricultural, to wit: 1) Delivery and storage of seafood. 2) Packaging 3) Freezing and/or preparation of raw or cooked seafood processing. 4) Shipping 5) Sales for off-premises consumption. Eone of these uses is permitted in an A-C District. Mariculture is a permitted use in MI1 Districts only, with a two-acre minimum lot size. Specifically, fish processing is permitted only as a Special Exception, as are fish markets. Each such use requires a plot of two acres. There is also a question of the other uses cited as requiring industrial or business zoning with their attendant plot mlnlmtm~. 1 2 3 4 5 6 7 8 9 10 '13 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 74 In short, the applicant proposes to locate a long list of non-conforming uses, each with its individual plot size requirements, on a one-acre parcel. It should be noted that the Town Code specifically prohibits uses ent/tting noxious odors in all districts. With respect to the above, there is a possibility, even perhaps the probability, that were these variances granted, the subject property would be operated in conjunction with Lot 13.4 in the same block. Lot 15.4 is also a nonconforn~ng lot on which a reputably nonconEorming and, possibly illegal, use is conducted. Neighbors' already complain about noxious odors emanating trom this lot. I might add that Lot 13.2 abuts at least four residences. What is sought here are multiple rezonings far beyond the strict letter ot the regulations and the spirit of the Zoning Chapter of the Town Code. The Spirit of the chapter is clearly 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 expressed by the Town Board's limiting these uses to MI1 Districts. The further intent or spirit, is further expressed in Section 100-120 of the Town Code which states that HII use is intended to provide: "a waterfront location for a wide range of water-dependent and water-related uses which require or benefit from direct access to or location in marine or tidal waters a~ which, in general, are located on major waterways, open bayfronts or the Long Island Sotuld." So much Eot HII uses. By law, in seeking a variance, the burden of proof is on the applicant. He must submit, for an area variance, "dollars and cents" proof that his property is virtually valueless as zoned. This is- hardly the case in view of the permitted residential use and the abutting residential use. To grant an area variance, the Board is enjoined by the courts to consider: 1) How substantial the variance is 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 1 2 3 4 5 relative to the requirement. 2) Whether substantial change will be produced in the character oE the neighborhood. 3) Whether the difficulty can be obviated by some method feasible for the applicant to pursue other than a variance. 4) Whether, in view of the matter in which the difficulty arose, the interest of justice will be served by allowing the variance. It is significant that, throughout, variance is used in the singular. It is obvious that the courts did not contemplate a series of variances, the scope of which is tantamount' to'rezonin~s. I submit that the only difficulty here arises from the outrageous demands of the applicant and that such "difficulty" can be obviated by utilizing the property for a permitted use. The substantiality of the variances sought is obvious in view of their variety, intensity and obnoxious nature, as well as I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 the nonconforming size of the property. The change in the character of the neighborhood which the proposed changes would bring about, should be apparent to all but the most prejudiced. Justice involves justice to all including the neighbors rights to the "quiet enjoyment" of their properties incorporated in their "Bundle of Rights" and whose properties would be devalued for the applicant's profit. These variances would effectively constitute spot zoning. Two of the principal uses sought require Special Exception. With respect to Special Exceptions, the Town 'Code states (in part) that the ZB& must find and detern~ne: That the proposed use will not prevent the orderly and reasonable use of adjacent propertie~ or of properties in adjacent use districts. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 78 affected by the proposed use and its . location. That the use will be in harmony with and promote the general purposes and intent of this chapter. (Chapter 100 - Zoning) That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general particularly with regard to visibility, scale and overall appearance. Section 100-264 of the Town Code recites matters to be considered by this Board in granting Special Exceptions. It is too lengthy to quote here verbatim, but ! commend its study to anyone interested in the outcome of this p~oceeding. In general, factors to be considered are: the character of the district~ the conservation of property values~ effects of traffic~ the availability of water and facilities for the treatment of sewage and other effluents~ the question of the emission of obnoxious gases, odors, etcetera; whether the plot sise is sufficient and appropriate for the ~ses; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 whether the proposed site is particu~,arly suitable for the uses; whether there is risk of pollution of ground or surface waters, etcetera. Here again, these considerations envisage only a single use and due to the maniEold variance any adverse effects are obviously intensified. In conclusion, there is absolutely no justifiable basis on which to grant these variances and, in the interest of justice and to prevent further waste of the taxpayer's money, I call for a summary dismissal of this application. If it belongs anyway, it belongs as a change of zone application before the Town Board. Thank you. MR. ARTHUR CARLSON: I would like to ask Mr. Flynn a question -- a couple of questions. THE CHAIP~dAN: Before you do that, let me ask you a question. I don't know if you sat in on the prior hearing with the garage application, but there are certain 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 80 issues that have been raised here concerning the code and so on and so forth. At the completion of the hearing for the evening, would you like us to recess it so you may seek legal counsel and possibly come back in the November meeting or December meeting or whatever -- how long you feel it is going to take you to address the specific issues that were mentioned? First of all, we have afforded to us a copy of the issues that Mr. Flynn has before us. So we don't have to wait until they are transcribed. However, we can give you a copy of that so you can talk to your attorney. That is an issue I want you to think ab;ut. MR. CARLSON: Can I ask a couple of questions of Mr. Flynn? I want to know if he represents someone. What is his interest in this? Number two -- before he answers that -- you people have visited the site. There are no noxious odors there. Number three, our water is tested -- 6 7 8 9 10 12 13 14 15 16 17 '18 19 20 21 22 23 24 25 81 required to be tested by the Department si Agriculture every two years. ~e drink that water in our families. ~e are not ground polluting any water. ~e use very little water in our operation. HR. FLYHH: It is obvious that somebody has to serve as some form ot ombudsman if these applications are not to slip by unchallenged; two, some of the neighbors or at least one of the neighbors -- I should correct that -- has complained about the emission of odors from that propertyi and three, whatever the situation with groundwater is now, certainly the possibility for contamination is going to be inc~ease'mani~ld by the expansion of the operation of these uses onto another lot. THE CHAIRMAH: Thank you. ~4R. CLAUDE CARLSON: like to clarify a couple of ~ust brought up here that I I would iust things that were am not sure ii everybody pollution. chemicals. -- there is no possibility of ~e are not using any kind of Everything is natural. #e are 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 82 taking natural shellfish, taking them out of the shells for sale out of town, and taking the shell to the dtunp. That is the basis of our operation, o~ what we are doing. We are not expanding anything. We have been doing this ~or many years and we haven't had any problems. There were other problems that arised Because oE ~riction Between neighbors that had nothing to do with that. THE CHAIP34AN: I have before me the m~no~ subdivision of Lots 1, 2 and 3. Your father's lot is Lot Number 3, where the entire operation occurs; is that correct? MR. CLAUDE CARLSON: That is correct. ' THE CHAIRMAN: There is no operation in your garage or on your prent~ses, where your house is? MR. CLAUDE CARLSON: No, my property goes across the back oE his property. TEE CHAIRMAN: So we are limiting this discussion primarily to your father's property. MR. CLAUDE CARLSON: Yes. There are 1 2 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 no plans of any kind of expansion. All we want to do is continue what we have been doing for so many years. THE CHAIRMAN: Thank you very much. Appreciate it. MR. FLYNN: May ! just comment briefly abou~ this question of the identification of the property? Lot Number 13.2 fronts on Lower Road. THE CHAIRMAN: That is correct. MR. FLYNH: Lot Number 13.4 fronts on Ackerly Pond Road. The improvements are on the lot fronting on Ackerly Pond Road. THE CHAIRMAH: No. MR. FLYNN: At least some of the improvements. THE CHAIRMAN: No. The only thing that is on Ackerly Pond Road, Mr. Flynn, -- so we get this straightened out, because I had a problem here, too, -- Mr. Claude Carlson's house -- Mr. Carlson's son's house fronts on Ackerly Pond Road. Mr. Sandy Carlson, who is the applicant before us in the nature of this application, his house 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 84 ~aces on Lower Road. The entire operation -- I have a survey here -- is on Mr. Sandy Carlson's or Mr. Arthur Carlson's parcel cE property, which I have before me as 15.2. I mean, we can afford you any copies of the file or anything. MR. FLYNN: It doesn't alter the nature of my objection. THE CHAIRMAN: No, it doesn't. I just want to clear it up with you. Mr. Carlson, Mr. Arthur Carlson, or Sandy, we come to the question and I asked you when you stood up, making any suggestions me what you want to do. I personally am not to you, hut you tell We can close the hear[ng'~ased on the record, or we will allow you to come hack and have you bring counsel with you. MR. ARTHUR CARLSON: How soon will the decision be made? THE CHAIP/4AN: Well, if we close the hearing tonight, we have 60 days from tonight to make a decision, which would mean we would be making a decision before 1 2 3 4 5 6 7 8 9 10 1! 12 ~3 14 35 16 17 18 19 20 21 22 23 24 25 the 'right-of-way that goes to Ackerly Pond, is that in the deed for your property? MR. ARTHUR CARLSON: Both on our properties. It is 15 feet right-of-way going from my driveway, continuing around a 90 degree bend, deeded to both Claude's property and my property, and enters on -- exits or enters on Ackerly Pond. THE CHAII~IAN: Just so we have it for Christmas. MR. ARTHUR CARLSON: I think, Oerry, we have presented our case very well and we stated all the facts. You people have visited the site, and we stand on what we are doing as neat as we can do it, and it certainly is a help to the town. I think we would like to go ahead and close it. THE CHAII~/~: I have a particular problem in the respect I want to talk to the Town Attorney regarding this application. So I might recess it to the next regularly scheduled meeting for the sole purpose of my discussing it with the Town Attorney. MR. DINIZIO: I would like to know 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 86 the record, what initiated this particular hearing? What caused you to come before us? MR. CLAUDE CARLSON: A compl&int, which is a sour grape thing. THE CHAIRMAN: That was a complaint by a neighbor? MR. ARTHUR CARLSON: One neighbor. THE CHAIRMAN: That's what brought you to this particular hearing? MR. ARTHUR CARLSON: I could say more, but maybe I shouldn't. THE CHAIRMAN: It is counter- productive, and we thank you, Arthur, and I will suggest to the Board that we recess so we might discuss it with the Town Attorney and then you will be back. So we will see you back here on the 29th. We will restrict the testimony to five minutes, and we will close the hearing and that will be the end of it. MR. ARTHUR CARLSON: Thank you. THE CHAIRMAN: Hearing no further questions, I make a motion recessing it to the next regularly scheduled hearing for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 87 purposes oE l£m~ted oral testimony to the extent of five minutes on both sides after disctmsion with the Town Attorney. HR. GRIGONIS: Second. THE CHAIR~N: All in favor? HR. DOYEN: HR. GRIGONIS: HR. DINIZIO: THE CHAIRMAN: Aye. Aye. Aye. Thank you very much, gentlemen, (Time noted: THE CHAIRI~AN: Humber 3788, aarketing. for coming in. 9:40 p.m.) The next appeal is in behalf of Sun Refining and (Legal notice read off record.) ' THE CHA~R~4AH: Before us I have a copy of the site plan from the Sun Refining and Harketing Company Facility Distribution Department, from Philadelphia, Pennsylvania, dated 12/30/87. There may be an update on that, and I have a copy of the Suffolk County Tax Hap indicating this and surrounding properties in the area. We ask counsel, is that the latest 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 24 25 CERTIFICATION I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAlL ROSCHEN Official Court Reporter 145A APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L+ HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice.' Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. '' Y0ur~ very truly, Enclosure GERARD P. CHAIRMAN GOEHRINGER Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin) John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge. 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector ~. Arthur G. Carlson, Box 693, Southold 11971 .~:Code of the Town of Southold, "the following hearings will be /held by the SOUTHOLD · TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hail, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985-- HERBERT AND CATHER- INE L1NDTVEIT. Variances to ~,the Zoning Ordinance, Article ,aXXVIII, Section 100.239.4B ''and Article XXIV, Section 100-244B for proposed one- · ~'story and second-story additions with two-foot over-hangs (can- tilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming · side yards, and the lot area and width are also noncon- forming in this R-40 Zone Dis- trier. Location of Property: 625 Windy Point Lane (Private ~ Road #12), Southold, NY; -County Tax Map Parcel 1000-87-4-7. Island Sound and with side ya~s at less than the ~n:lui~115 feet and 20 feet. The dwelling a.s exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchngue, NY; Vista Bluff Mnp No. 5060, Lot #I; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. AppL No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) (as exists) aiong the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot g2, in this pending minor subdivision, and for approval of access ac- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Conservation. Location of Property: North Side of Mainc.; Road, Cutchngue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8:05 p+m. Appl. NO. 3977-- BETTY J. COPIN. Continued from November 1, 1990. 8:15 p.m. AppL No. 3788-- SUN REFINING & MARKET- ING. Variances to the Zoning Ordinance, Article X, Section m Annl Nn '4~}R6 100-102: (1) for permiss on to es- AND BEVERLY ~bHsh con~n~ence sto~ use m Vn~n~ t~ the 7~nino conjunction with and acc~so~ ~'- ~-~l'~fi'i- S~ to the ~isting g~oline station ~fa ..~ of the u~ on this substandard p~cel ~ h*lMia* ~ ~ w~ch ~n~ns less th~ 30,~ ~~ ~4~.~- ~ m I~ ~ (2) for in~r- ~l ~ ~ t~ W~ .d O) for appro~l or cano~ ~t ~ non~n- ' fo~ ng ~ structu~ in the f~nt ~rd ]oca- to lot area and width in this R-40 Zone District. Location of Pro- perty: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988-- ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4, for oermission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long tion. Location of Property: Cor- ner of the Easterly Side of Fac- tory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. 8:30 p.m. Appl. No. 3983-- JANET MALONEY. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconform- ing as to lot area in this R-40 Zone District. Location of Pro- perty: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY: County Tax Map Parcel ID No. 1000-gO-l.2.~: Cedar Beach Park Lot No. 125. filed Map No. 90. 8:35 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Article !II, Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, ns exists. Build- ing as exists contains two dwell- ing units and setail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and depth. Location of Prope~: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Map Parcel ID No. 1000-85- 3-2.1. 8:45 p.m. Appl. No. 3973-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section 100-244B for permission to locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- quired 75 feet from the bulk- head, (b) at less than the re- quired minimum 35 ft. ~ear yard at is clnsest point, and (c) at less ""fhan the required 10 ft. and 15 ft. minimum side yards, (d) at less than the totai side yards re- quired minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bnik- head. Lot area and width is non- conforming in this R-do Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-$7-2-20. 8:55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and its relation to single-family versus two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port. Continued from Novem- ber 1, 1990. ~'9:15 p.m. Appl. No. 3975-- ]'ARTHUR G. CARLSON. /.~ Interpretation and Variance to ~the Zoning Ordinance, Article /,111, Section 100-30 (as disap- / pr~ved by the Building Inspee- / too for permission to accept I delivery of shellfish from local I~~ waters, to shuck the shellfish, I x,...and to deliver or ship the seal- said time and plaee hear any and all persmu or representati,,es de. siring to be heard in each of ibc above matters. Written com- ments may also be submitted prior to the conclusion of the subject heming. Each hearing will not start I~fore the time ai. lotted. Additional time for your presentation will be available, if needed. For more information, please c~ll 765-1809. Dated: November 9, 1990. BY ORDER*OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. C~EHRINGER CHAIRMAN By Linda Kowaiski IX, 11/15/90 (30) I~1 COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ~. ...... weeks successive!y, commencing on the ..... · /;~ Swgrn to before me this ..................... day of ............ .~~..., ~ f~... Notary Public BARBARA iL NOTARY PU~LIG, 3(ate,d No. 4806846 Qualified in Surfak Ceuqty Commission Expifee NOTICE OF HEARINGS ' NOTICG,.~4F~EBY GIVEN, pursuant to Section 267 of the Tovm Ltv and thc Code of the Tows of~ Southold, the following hearings? wiH be held by the SOUTHOLD TOWN BOARD OF APPEALS at n Regular Meeting, at the Southeld Town Hell. Main Road, Southold,, NY 11971. on THURSDAY,¥ NOVEMBER 29, 1990 at the fog lowing times: 7:30 p.m. Appl. No, 3972 PETROL STATION LTD. Hearing continued from Novembe~ 1, 1990. ?135 p.m. AppL No. 3985 HERBERT AND CATHERINE .u~, ?.~e ,1~. Ya~cuto the g ~dmtnce, Ahic~e ~ Sec. tim 100-239.4E and Article ~ $c~cn 100-244B fm Ixoposnd me- two-f'o~ over-hangs (canti{evets). 7s fm ~ t,~ud elong Co~,~ to le~l than the mlnim~lm ~ at 10and 13 feet. ~e d~lllng as e~M has noncmformln8 side yards, and the lot aru and width am also nm. co~formin8 in this R-40 Zone Dis- tract. Location of Property: 625 Windy Point Lane (Privat~ Road Parcel 1000-87-4-7. '/:40 p.m. AppL No. 3986 -- BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, · TexMap PsrmliD No. 1000-10R-2- 8:05 p.m. AppL No. 3977 -- EI~L t l~ L COPIN. Continued f~m November I. 1990. . ' ~%:, and width is nmeonforming in this 8:15 p.m. Appl. No. 3788 -- '~ . R-40 Zono District. Locntion of SUNREHN]NO&MARKETING. : Properly: 9 Island View Lnne, V~ianms to the Zo~in8 Ordinance, _ Greenport, NY; County Tax Map Ardde X, Seetim 100-102: (I) pennissinu to embEsh c~evenience store use in conjunction with and accessory to the existing 8asolineJ~b P.a~n use ea this mbmndard par. ed va~ck contaim less than 30,000 tim as to h,~fin Emitation of acces- sory (~) structure, and (3) for q~oval of canopy armature in the side yams mlubad minimum of 2~ fee~ Existing dwelling stmctore is nonconforming as to dm northerly · beck from the bulkhead. Lot area Article l~. Sentiml 100-30.2A for approval of the Iocatio~ of a~ building l~at~d h an a~a ~ber · an ~e required rear yard and h ~ wid~ h ~ R~ DistficL ~nti~ of Pro.fly: 15 u L~f I & 2 ~ the Su~ivisi~ ~p of "West C~ ~l~mt"~~ 1236. County T~ Map Pa~ ~ 7:45 p.m. AppI, No. 3988 ~ ~O V~GL V~m~ M ~e ~ing O~inance, A~ic{e XXIV, top of the bluff along the ~ng front yard location. Location of Property: Comer of the Easterly Side of Factory Avenue and Northerly Side of the Main Road. M~ttituck, NY; County Tax Map Pared ID No. 10~-142-1-27. 8:30 p.m. AppL No. 3983 -- ~ANET MALONEY. Variance to th~ Z~ring Ordinance, Arliele XXTTI, Sec~ 100-239.4B f~x ~..,~,sl of deck within 75 feet of bulkhead elmlg Hog Neck Bay. Lot is n~- ] c~fonulng ns m let are~ in this R- 40 Z,~e Distfiet. Location of ~ arty: 30 West Lake Drive and 2505 Little Pcc~ic Bay Lone, Southold, NY; County Tax Map Parc~ ID No. 1000-90-1-25; Cedar Beach Park/ J.~t No. 125, filnd Map No~ 90. t'~-~ 8:35 p.m. Appl. No. 3081 ~ to the Ze~b~ O~linm~ce, Ardcle IIX, Seetk~ 100-30A(I). ns dlsapMo~d, for appFoval of second dwelling spemn~t nail, as exists. Buildins as exists countins two dwelling units '~'""--~_ot~nins u to total sld~yarda, and and retell ~ in this Limited Busl. th~ I~-rur~td-wid~ ~_Le,.~h. ms (LB) ~ne Dimiet. Lot is non- conforming in this R-40 Zone Dis- ceoformmg as m ~ot area, width and Court, Cntch°fue, NY; Vista Banff of S~th Side ~ Ivhln REnd and the Map No. 50~0, Lm #1; C. omty Ta~ ' East Side of Bay Avenue, M~7:~il~tfl:elID No. 1000-$3-1-7..' Cutohogue NY; County Tax map : p.m. ApI~.NO.3987--H& Pan:~I ID No. 1000-8.S.3-2.1. , · S ASSOCIATES by Sanford Fda- 8:45 p.m AppL No. 3973 ~ . mann. Variance to the Z~xting Ordi- ~/ ~ JOH'N AND ROSE MILAZZO. · n~an..c~,..A, rti.cl.e ?., Sectioa 100-102'r~..~...Varisncot to the Zoning O~dinanGe, qt2unt ~c.~.du]e) ro~ apg,,~.el Gf in- ,~ Aflic{e XXI~I, Sectint~ 100-239.4 Lane, Greenpom Continued from Novembe~ I, 1990, /9~1~ p.m. Appl. No. ~ARTHUR O. CARLSON. ~ Intcqm~tation and Variance to the / ~ouing Ordinmce, Article 1~. Sec. ~ sion 100-30 (as disapproved by the ~ Building Inspector) for permission I . to accep~ delivery of shelBhh from local wnten, m shuck the shellfish, nnd to deliver m' ship the scaEope . and~. cmches for wholesale diml. · . . hoti~a. Scallops aad conches to be nttal-Cmservation (AC). Location of Property: IS?5 Lower Road, - ,%uthdd, NY; County Tax Map ed No. 1000-69-~-13.2. Continued ..e WHfl~n mmmems may also be ,u.b- subject headnL Each hearing not start befor~ the timm alinued. ,~ Additional tiao for your p~- sematech will be avaiinble, if n~d- ~. 765-1809. , .... . ~ : · =- ~ EY ORDBi( OF THE SOUTHOED TOWN BOARD OF APPEALS ..... ,~,~ CttAIRMAN ~ ,: .. ~?-ITNIJ ~.i.¥ · ~.~ : -..~.il-~ mfficicnt frontage 0m width) (at ~'~ ~'(a/kla 100-239d(B)} and Article exbu} aloog the Main Rmd ef pro- .i~t~XXIV, .qe~ti(~ 100-244B for per- · ~ted tot #3 and for appmvel of ' ~:,'~; ~issim to Im:nte addition and imu~,fic~.n! lot depth d p~opceed Lol I '~ c~extmaion of dwellinI stmctore 12. tn thts pendin8 minor sub- ~,:~with sethachs: (a) at {ess than {bi a~°minl to Now Y°th Town Law, ~}~ ~) et {est than the i~lulr~l mini- S0c6on 280A over e I~vate fight-el- ~ ~'~.~=~mun 35 ~ rear yard al its dceesl way. Zme '.D~:?. B-General ~..i. Z poma, and (c) at lets than the ~- i~rcel ID No. 1000-5%2.20. * S;~5 p.m. Appl. No. 3955 ~ DOMINICK SBLENDIDO & A. AURXCCHIO. Xoterpretation ~questod regarding se~nd kitchen facilities nd its relation to sing{e- family vertex two-family uses, and a vatiance f~r nddilim with an insuffi- cient frontyard setback. 185 Inlet STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK} Sharon Rock of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattitucl~ in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regulan'y published in said Newspaper once each week for i weeks. successively, commencing on the 15 day of November 1990 Principal Clerk APPEALS BOARD MEMBERS~L~ Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. BOARD OF APPEALS Telephone (516) 765-1809 TOWN OF SOUTHOLD SCOTT L. HARRIS ~npervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEgRRy GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. continued from November 7:35 p.m. Appl. No. 3972 - PETROL STATION LTD. 1, 1990. 3985 - HERBERT AND CATHERINE Hearing LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXIy~, Section lq0-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island So,u~.d and with.side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5960, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BE'±'i'f J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 - ~UN REFINING '& MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, ~idth.and dep%h. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Greenport. Continued from November 1, 1990. Appl. No. 3975 - ARTHUR G. CARLSON. and Inter~T~T-fon Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallop~ Page 6 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. The Board of Appeals will at said 'time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski VIRGIN]fA OLGA LEE. Variance to the ~in80rdb~nce, Aflicin XXIV, Section 100-244B for ap. isocal of _ _,_~_ -~ additlon to dmeEing with an insufficiem sideyard sct% back and reduced front yard set° · Prepay: ~45S Cedar B~aeh Rod East, Southold, NY; County Tax Map Parcel No, 1000-~2-1-4, 7:45 p.m. AppL No. 3978 ~ DONALD & DOROTHY SWAHN, By-The-Sea Subdivision !.~ No. .... LNo 3974 ~' u-- Pared No. 1000'109'l-23 '~ ' ldSm"lS(a~el~dfmmaenumt~r DONALDL. OSA]~(fetGEORGE ;,.;.~...~,~Sp.m. AppLN.o, 3977--:~::-~_199(}:.. ~:. "'955 DO ' BRUDERMAMN JR. Owuer).. ~-~_;_Bi~t-/z'J. COPIN. Vafiance to the ,,~,,,9:00p. m. Appt.~_o_.~ ~ - mV. mt~.b-tho~by,q-- ''; .pa~y. ind~b .)~.d.,?ya,, ' i'~' .... .'.'*.-'~. - ~to deed coeveyanons, each lot ~ with · sethck ct less man me re- 'lhe tsoem et A,%'~-,, vm at sma ~Distfict Location of Property: -'.~=~ mi, ft. in this R-80 Zone DtstflcL .: '.. terL Written ~mnmq~ m~y also be 'th, west Side or'R,ydon Southold, NY; County Tax Map ~-' ''~ =-pofl, NY; County Tax Map Parcel w01 not staff m me me auct- Pa~elNo~.1000-79-S-10sndlL No. 1000-52-$-54. ~ +'--. '''/ led. Additi'*~dmefo~yonrp~- 7:40 p.m. AppL No. 3980-' "- 8:15 p.m, Appi. No. 3979 ~ 7= - = ' sentadon wail be available' if netd':* THOMAS ~. GERMAN. Variances ed. For mole infmmation, pleas~ to dm Zoninl~ .Odinance, Aflicin HX, . call 765-1809. _ _q-~___' _,eh 100-33 for ,t~,~,val of inca-Dined: Octobe~ 17, 1990. tion of two accessory (storage) BY ORDHR OF THE SOUTHOLI) ' ~ let area of this parcel is non- ~.~ GERARD E GOEHR]NGER · tdc~.L_,,c_-~_'__'onofPropafly: 18Oes- ~" ~='"*/ "ByLindaKowaldd '~ '~ixMapPafcelNo. 1000-121-4-23. . -8:25 p.m. Appl. No, 3968 -- IP~NE R. M~ J .J~R. Vmbnce to tbe ZoninI Ordinance, Article XI~A, Varbnces to the ~ ~ -' : Section IO0-30A 3, and Article Artlclelff, Secsina 100-32radAr- ' .,:XXI]~,q,,,tL~ 100-239.4Afetper- ticle XXIII, Section 100-239 for qN.txoval of insurficinnt I~ area and ~. ~ sm~tmu ruth a sethdt of 17. width (frontage) of two proposed · ~,~. 100 feet from the top of ~ highe~ parcels, each wish an existing ~ point (top of blur0 on this 42,930 STATE OF NEW YORK) ' )SS: COUNTY OF SUFFOLK) Christina Volinski said County, being duly sworn, sa~ Clerk of THE SUFFOLK .TIMES, published at Mattituck, in the Tow~ Suffolk and State of New York, and the annexed is a printed copy, has b( said Newspaper once each we successively, eommenclflg on ti October 19 90 Sworn to before me this ~= NOTICE 9F HEARII~GS NOTICE IS HEREBY (3IV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. AppL No. 3969- ANDREW BURKARD. Vuriance to the Zoning Or- dirlance, Article III, Section 100-32 for permission to con- stroct two-foot extension of garage attached to dwelling with an~ insufficient front yard set- -back. Zone District: R-40. Loca- tion of Property: 370 Uhl Lane, Orient, NY; Orient-By-Tbe-Sea Subdivisoin Lot No. 167, Sec-, tion Three, Map 6160; 1000-15~- 5-24.13. 7:35 p.m. Appl. No 3974- DONALD L., OSANI (for (3EOR(3E BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyance~ each lot having insufficient area and ~proposed construction to meet setback requirements for this R-40 Zone District. Location of Property:. North side of Bayview Road and the West side of Re/don Drive, Southold, NY; County ~ Map Parcel Nos. .1000-79-5-10 and IL 7:40 p.m. AppL No. 3980- VIR(31NIA OL(3A LEE. Vuri~l~ to the Zoning Or- dina~Article XXIV, Section · 100-2~'B for approval of decl~ addition to dwelling with an in't' sufficent sideyurd setback and reduced front yard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978- DONALD & DOROTHY SWAHN. Variances to the Zon- ing Ordinance, Article I11, Sec- tion 100-32 and Article XXIlI, Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: :i R-40. Location of Property:. = South side of Park Avenue, Mattituck, NY; County Tax Map Parcel No~ 1000-123-8-8. 7:50 p.m. Appl. No. 3971~ VALERIE M. KRAMER~ Variance to the Zoning Or- dinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to with an insufficient setback from existing bulkhead and from the ees~rly (front) proper- ty line along Manhanset Avenue Lot area of parcel is nonconfor- ming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, (3reenport, NY; County 'lh..x Map Parcel No. 1000-34-5-20. 7:55 p.m. AppL No. 3976- THOMAS AND MARIAN SANTACROCE. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off- premises ~ound sign to adver- tise for business purposes. Loca- tion of Property for Sigt/? Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-L2 8:00 p.m. Appl. No. 3972- PETROL STATION LTD. Variance to the Zoning Or- dinance, Article VII, Section 100-72 for approval of propos- ed Lot No. 4 which will have in- sufficient area in . this Residential-Offica (RO) Zone District. Location of Property: North side of the Main Road (265± feet west of Alvah's Lane), Cutchogue, N~ County Tax Map Parcel No. 1000-109- ,., i-23. 8:05 p.m. Appl. No. 3977- BETTY J. COPIN. ~pnce to the Zoning Ordina~l~yArticle I11, Section 100-33B(4) for per- mission to locate accessory (prnge) building pur~ly in th~e~,~ side yard and rear yard with k~ setback at less than the required 20 feet from the southerly pro- perty line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property:. 2195 Albertson Lane, Ar- sbamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979- THOMAS J. GORMAN. Var- iances to the Zoning Ordinance, Article Iii, Section 100-33 for approval of location of two ac- cessory (s~rnge) buildings in the front yard, ns exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Loca- tion of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968-~ IRENE R. MILLER. Varianc~ to the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3, and Article XXIII, Section 100- 239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42~930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less tban the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127± feet southwest of Hun- tington Boulevard, a private road), Southold, N~ County 'lhx Map Parcel No. 1000-68- ~8:35 p.m. AppL No. 3975- ARTHUR (3. CARLSON. In- terpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 ~ by the approval of muricuhure uses to include delivery an~i storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off- premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, N~ County ~ax Map Parcel No. 1000-69-5-13.2. -'~:45 p.m. Appl. No. 3788- SUN REFININ(3 & MARKET-p IN(3. Variance to the Zoning Or~ dinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline station use on this substandard parcel which contains less than ~0,000 sq. ft. in lot aren for each use, and (2) for int~pretation ns to height limitation of accessory (canopy) structur~ Locatinn of Property: Comer of the Easter- ly side of Factory Avenue and Northerly side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from p.m. Appi., No. 3955~ DOMINICK SBLEND1DO & A. AURICCHIO. ; 9:.10 pm. Appl. No. .3938- VILLAGE MARINE. ~ ~, The Board of Appeals will ~t~ said time and place bear an~ aaa all persom or repre~ntatives dmiring to b~ heard in each of niant~ may also be submitted- wior to the conclusion of the subject heating. Each hearing will not start bafom the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 7654809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD ~ :~ : OF APPEALS (3ERARD P. GOEHRIN(3ER -; ;.~,.~:V: :. :CHAIRMAN By Linda Kowaiski -'? ~!.~, - IX-10/25/90(2) COUNTY OF SUFFOLK SS~ STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /'. .... weeks successively, commencing on the .......... ~ ~f day of ..... .~. ...... 19 .~.a... Sworn to before me this .......... ~.~.?..~. ..... day of ......... .... Notary Public p.~A?~, A. SSHNEIOER NO|,,~f Qualified in SuffMk Co~m~. Commi~ion r~piml ,Y/.~,'/?.3.._ APPEALS BOARD MEMBERS Gerard P. Goehringer, Cfiairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Serge Doyen, Jr. $oseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTF L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONA~.n L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMER. Variance to the Zoning Ordinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front} property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: Manhanset Avenue, Greenport, NY; 1000-34-5-20. 730 Robinson Road and 980 County Tax Map Parcel No. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot 94 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. I000-109-1-23 8:05 p.m. Appl. No. 3977 - BE'l'l'f J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(41 for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomague, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storin of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. 9:10 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Appl. No. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERA=RD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,'Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR[GONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN Rr'IAD- -~TATE R[3AD 25 SOIITHI3LD, L.l., N.Y. 11971 TELEPHONE (516)765-1809 Date: October 17, 199~0 UNLISTED ACTION Notice of Determination of Non-Significance Appeal No. 3975 Project/Applicants: County Tax Map No. Location of Project: Arthur G. Carlson 1000- 69-5-13.2 1575 Lower Road, Southold, NY Relief Requested/Jurisdiction before this Board in this Project: Approval of mariculture uses 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 5ocal Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, ahd: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { , } the project is proposed in an area with land contours 10 or more feet above mean sea level; { ~} the area seaward of.th~ proposed construction is bulkheaded; {~ } the project-is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. Suffolk County Department of Health Services. and/or JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: FROM: RE: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, $OUTHOLD TOWN CLERK ZONING APPEAL NO. 3975, ARTHUR G. CARLSON SEPTEMBER 5, 1990 Transmitted is application for variance submitted by Arthur G. Carlson; notification to adjacent property owners; short environmental assessment form; notice of disapproval from the Building Department; copy of survey; building plan; and other documents relative to this application. Judith T. Terry Southold TOwn Clerk STATEMENT OF OPPOSITION BY ADJACENT PROPERTY OWNERS TO THE PETITION OF ARTHURJ. CARLSON TO THE BOARD OF APPEALS OF THE TOWN OF SOUTHOLD On the matter of a request for a variance for the property of Arthur J. Carlson (see attached survey) currently located in an AGricultural Conservation District to: ProcessinG. sortinq, Packinq and Storing Seafood. We, the undersigned adjacent property owners, oppose this request for a variance, for the following reasons: -Mr. Carlson already processes seafood on his property, polluting the air with foul odors, which have at times caused nausea in residents on adjacent properties. -The granting of a variance in this Aaricultural Conservation District to Processina. Sorting. Packing and Storin~ Seafood will set a negative precedent and without a doubt create irreparable damage to its existing value as a residential area. It will as a result lower property values, which the undersigned find unacceptable. The undersigned therefore respectfully request that the Petition of. Arthur J. Carlson for a variance be refused. Dated: Adjacent property owners /. ¢,!-.. .. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicld James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 23, 1990 Mr. Andrew Moraillon 225 Central Park West New York, NY 10024 Re: Variance Application of Arthur Carlsen Dear Mr. Moraillon: Please find enclosed a copy of the Legal Notice of Hearings for our November 1, 1990 Regular Meeting, at which the above matter has been scheduled. Since the application of Arthur Carlsen has been advertised as directed by resolution of the Board, the hearing must be held on November 1, 1990. You may have someone represent you in the event you are not able to attend, and you may also, of course, submit your concerns or statements to us in writing. There is a'possibility that the hearing would be continued at another meeting of the Board, however, it is recommended at this time that a representative attend or written concerns be furnished. Very truly yours, lk Enclosure GERARD p. GOEHRINGER CHAIRMAN SEP ,~ lgS0 'rOWN OF SOUTHOLD, NLrW YORK APIIIIIILa~ISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,We) ..~.r.-t:~.t,,..r......~,.....~.~.,r:/..S¢~ ........ of ...... /.~.~....~.o.~..,m.......l.f,~ ................... Name of Appellant Street and Number .................. ~,..'~.~1.~ .......................................................... S~..~/.....HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ....... ...................... Name of Applicant for permit o, ..t~...&..,.,.ec.......g..a.., ............... .s".o..~.-t~.M ................ ,'g..,../., ............. / Street and Number - Municipality State (V) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .-/'~.~...~I~.../~..~......,,~ID~. .................... ~.~...~....~... ............ Street /Haml~rn]e't-.q:-/ Use District on Zoning Map ,D. ] .s. ~..r. ?..c..t... ] .0..0..0...,S. ?. ~..! .°..n...~,..~.?...B], .°,c., .k.~..q.L..°...t. ~:.~ u r re n t ~ne r Map No. Lot No. Prior Owner 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.) ^rticle Z22~' Section 3. ~'YPE OF APPEAL Appeal is made herewith for (please check e box) (l/) 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 () 4. PREVIOUS APPEAL A previous appeal (has~ 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 Appea! No ................................. Doted ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Porrn ZBI (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce proctical all~l~l~i~r~n~ces- soryHARDSHIPbecause ~/4.~" "~¢l~4'/j/y h~ b~ ~J~ ~ /JV~e in~ et~im~me~liote vicinity of this property and in this use district because ~a '~ ~&~ o~ ~e~ ~i,,~s b7 ~~d 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Sworn to this .............................................. day of ............... 19 ~" Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD to the Board of Appeals of the Town of $outhold : TO: -----" NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th,~"r~ intention of tile undersigned to p~i14rbfi the Board of Appeals of the Town toreques! ~ariance~(Special Exception)(SPecial Permit) (Other) [cite'Er cho±ce] 2. That the property which is tbje subject of the Petition is located adiacent to your property and is des- cribed as follows: 3. T~)i~t the prop~r~y which ~ the/~biect of such/Petition is located in the,following zoning dislfict.~ 4 That h,~ sudl Petition, the undersigned will request tile following relief: $. That the provisions of the Southold Town Zoning Code applicable t? the relief sought by the under- signed are Article ~ Sect/on /~/')~ r ] Section 200-^, New York Town Law for approval of access over right(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7. That before the relief sought may be granted, a public hearing must be he~d on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners 'Names: /~k~ _(~'. ~'l~'O-~l Post O~fice Address Tel. No. m&o [Copy of sketch purposes.] or plan showing proposal to be attached for convenience P 1~6 073 ~52 RECEIPT FOR CERTIFIED MAIL p 'L66. D?3 65n RECE PT F~R CERTIFIED MAiL NO m ANCECOVER^GEP~OV!DEO FOR INTEflNA['~ONAL MA!L ~(~S~o Reverse) PROOF OF MAILING OF NOTICF ""'"%CH CERTIFIED MAIL RECEIPTS ADDRESS P 166 B73 648 RECEIPT FOR CERTIFIED NO iNSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MALL (See Reverse) Postage Certified Fee E [registered) mail. ~d says that on the ~"~ day ~. ~ he Notice set forth on the re- the above-named persons at the addresses set opposite their respective .. the names of said persons are the addresses of said persons as shown on vr~ of Southold; that said Notices were mailed at the United States Post Of- '"( ~/- ; that sa d Nol~ces were maded to each of sa~d persons by Sworn to b/efore me this day of , Notary Public HELENE D. HORNE NOtaly Public, State of New Yon NO. 4951364 ~ualified in Suffolk Cour t, Commission Expires May '"' l'¢ ¢/ (This side does not have to be completed on form transmitted to adjoining property owners.)