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HomeMy WebLinkAbout3895 APPEALS BOARD MEMBERS == 'y ►T SCOTT L. HARRIS e Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. �d � ��® Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179Southold;New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Harvey Arnoff, Esq. Town Attorney Matthew Kiernan, Esq. Assistant Town Attorney FROM: Zoning Board of Appeals DATE: July 25, 1990 RE: Appl. No. 3895 - Robert & Ethelle Schroeder The application of Robert and Ethelle Schroeder was filed on November 27, 1989 for a Variance for a reversal of the building inspector violation notice, for change of use of land and the existing building without obtaining a Certificate of Occupancy. This Board held a hearing on February 1, 1990. We Then recessed this hearing without a date till Mr. Schroeder could be reached, as at this time, he was out of town. Our next hearing was held on May 30, 1990. Mr. Bressler, as instructed by his client, withdrew this application without prejudice. It has been brought to this department' s attention that the applicant may intend to remove the existing tanks (its prior use was as a service station) and install new tanks. There exists the possibility that this particular parcel has lost its conformity and therefore should not be permitted to use this parcel as it had preexisted as a service station. 221 North Road Greenport, NY 11944 September 28 , 1990 Mr . Gerald P . Goehring er D ' " Chairman Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Dear Mr. Goehringer: The purpose of this letter is to bring to your attention excavation being done on the week of September 24, 1990 on the property of Robert Schroeder located at 4380 Main Road, Fast Marion which is located directly across the street from my home. This property had been a gas station some time prior to 1984 and since then has been used as a repair facility for Mr . Schroeder ' s excavation business . My objection is not to the present excavation but rather to what Mr. Schroeder ultimately intends which is to reopen a gasoline service station. This can be confirmed by Mr. John Gladysz , Sr . Public Health Sanitarian for the Bureau of Hazardous Materials Management at the Suffolk County Health Department . Mr. Schroeder has agreed with the Health Department to remove the existing underground gasoline storage tanks by October 1 , 1990 and has a permit to construct and install new tanks pending with the Health Dept. Mr. Schroeder intends to operate a gas station on the property as an existing non-conforming use in an area otherwise zoned residential . I offer the following in evidence that the property has lost its non-conforming use status : 1 . At no time since I bought my home in October 1984 has this property been in use as a service station open to the public and offering gasoline for sale and/or the repair of automobiles . This can be confirmed by Mr. Schroeder ' s neighbors directly to the west and diagonally across the street to the north. Mr . Gerald P. Goehringer -2- September 28 , 1990 2 . In fact, the Suffolk County Health Dept. on April 12 , 1989 classified Mr . Schroeder' s gasoline storage tanks as "abandoned. " That same report reveals that the last de- livery (according to Mr. Schroeder) was in May' 1988 . Also noted at the bottom of the field inspection form is the notation (presumably supplied by Mr . Schroeder) that "not selling gasoline for about 2-3 years" dated 4-12-89. 3 . In a recent lawsuit involving the status of non-conforming use of a service station in Greenport Judge Jack Cannovo denied the non-conforming use status stating, in part, that "a new use may not be substituted for an old use just because it is similar. " While Mr. Schroeder may have re- paired and fueled' his personal and excavation business vehicles this cannot be considered operating a public gasoline service center. I respectfully request that the Town of Southold review this matter and reach a decision before Mr. Schroeder spends time and considerable money improving this property. Thank you. Respectful y, , David L. Gillispie DLG: scy cc: Mathew Kiernan, Esq. Town of Southold Victor Lessard COUNTY OF SUFFOLK { PATR CK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER April 17 , 1989 Sound Shore Excavating Service Stars Road - PO Box 159 E . Marion, New York 11939 - Attention: Robert Schroeder Re: Tax Map #1000-35-5-4 Gentlemen: On April 12 , 1989 , an inspection of the above-referenced property was performed by Madeline Feindt in order to determine your compliance with the Suffolk County Sanitary Code . This inspection revealed the presence of 3 abandoned underground gasoline storage tanks . These tanks have not been abandoned as per Article 12 and are therefore in violation of Article 12 Section 1210 (c) . In order for you to correct this violation , these tanks must be properly removed from the ground under the supervision of this- office . You are directed to contact John Gladysz. at 451-4631 for an appointment to perform this work. Your failure to respond and correct this violation within two weeks may result in legal action against you as property owner. If you have any questions regarding this correspondence , please feel free to call me. Sincerely, 7 Eric Jou gblood, Senior Public Health Sanitarian Inspectional Services Office of Environmental Engineering & Pollution Control EJ: jw cc : J. Gladysz W. Lahti 15 HORSESLOCK PLACE ■ FARMINGVILLE. NEW YORK 11738 ■ (516) 451-46 L1iI J1 /-- 1CTC��I `�L'X',�l C i ?`-Z`7� ) 7U'-7 I SUFF, COUNTY DEPARTMENT OF H AL.Ti-I SE CES T e') Off ice o-Environmental angineering & Po u:L ." , Control ' N.Y. State CRR Part 230 and S.C. Sanitary Code Article 12 Gasoline Station Inspection Form � .77- IS� � C7. :5acility Name No. yStreet Comm. -Phrer�e-{� 0 L.) _ �.�k�r� + rJ�- /"I rk IUD E!. r z�,S �� � Facility Owner No. Street Comm. Phone No. 1� 1/ acility Opeor o Strelet Phone No. p 0 ,) Land Owner No. Street Comm Phone No. Tank Owner No. . Street17 Comm. Phone No. FaIM cilityI.D .-� 3 2 C� b Z � ;5­ Ai.r Certificates: YES NCB Exp. Dte. : Permits: Tanks Registered: YES, CIO ' Reg. Number: Exp Date- ; - fi . Tax No. Dist. 111 V 0I Sec. -3 Blocxl Lot l P quad Gasoline Annual Throughput: How Determined: (If annual throughput not available) : Date of Last Delivery: Volume (gal) : f C ceded: Reg Leaded:f Approximate Frequency of Delivery: Brand of Fuel Displayed: f + Fuel Distributor• ��':�iY e /JuI10a� Number of nozzl(2s: '3 Type o Controls rank Tank Rel of Date Tank Above/ 2 Point Submerged No ID Capaci Installed Below System Co-Axial Fill Control 3 aSo C -Ke-6- __r2 . Ulu r rr� Ls e— 13 0 Id. snkS . I ''TlsieCt07CS NamE': .��'�{:ZCc� � "� Inspection Date: , 3 R SHORT FORM ORDER INDEX NO.� SUPREME COURT • STATE of NEW YORK °K PA�IYJSPECIAL Ti fjM, p I�T111 SUFFOLK COUNT` Present: l w _.rovemUer 2M1a9 Hon _ 7 ACltJ . G,� NAVO MOTION BATE _ Justice #!► _ 1.2/28/89 MOTION NO. CP.i3i�1FI�A L. DORRELZZ, -- ^/f+ET'S ATTY. Petitioner riARJR ONGION1 , ESQ. i 2l$ Front Street , P.O.Box 562 against- Greenport , New Yore: 119411 CHARLES BRTGHA14$ CHAIRMAN, KATHLEE1` -,kI PSON _VYCT0RIA- HEANEY, WMIDEL MEALY' and V11TORIA . SWEA?SE14.1 CC ISTITUTING' THE VILLAGE 01 GT�EENPORT ZONING BOARD OF APPEALS, STIFFOLIK ]OXF'997RESP'S ATTY: COUNTY, NEW FORK, JOHN J . NtJNZRL, ESQ. Respondents 548 Roanoke Avenuo Riverhead, New Yetk 11901 Upon the following papers nurnbered 1 to _1-7 read on this motion to reviewl vacate and annul . a de-term inati4_on- _. r4l�titE-c4-fAt,tion/Order to Show Cause and support ng papers . _-._.-.!=-1 _-----_; Notica of Cross Motion and supporting papers _ ; Answering Aff davits and supporting papers _1 ---� Repiying Affidavits and supporting papers �• =- Ot9ier- .� 1 c� , �_ ; (arid after !tearing counsel in support of and opposed to themotion) it is, ORDERED that this petition brought by Carrnela. L. Borrelli to review, vacate and annul a determination of he Tillage of Greenport Zoning Board of ,(appeals is granted. The petitioner is a resident of the 'Village of Greenport , and .she is the co-owner of 1103 Front: Street oca,ted in the. Village of Greenport . Uri .September 27 , 1989, a hearing .vaa held before the Villa"gp of. OrPenport ZatiI ng Board of Appeals concerning; a i application of Michael. T. L)Jckson to expand a service station located n the southeast corner of Front and Fourth Streets . In 19;? ,. a variance was issuEedj nd. in 1978 a cert-i.fl-sate of occupan:,y Was issued to the Strong. Oil Company for the operation of .ua ga.::= station." Thereafter, the zoning ordinance wasp amended to remove gasoline stations as an allowable use [see, Atlantic Rich 'ield Co. v. Senn, 105 A.D. 2d 1074 , 4Q2 1-T.Y.S.2d 3801 . According, to the Zoning Board crf Appeals a gasi~lirle station is permitted to both sell, pe •roleum products and maintain a repair shop. f3"rrt e&---- •-- -------_ -------- i yet?GE CAR�IFLA L. BQRRELLI v. CHARLES BRIGHA , at rrls INDEX NO. 89/22253 rr Rw r—w—"'/w rrrTrr:rrwrlMTM—r.wrw rr rrrfo f'—wrrr.rwrr r—�ww �.—w-----r in 1.98�4 ,$ the r _gasrstation stopped selling gasoline • if the owners of the gasoline station stopped sej�vj.cinj, automobiles for a period of one year in addition to ceasing the sale of ga oline, they could not resum-e operations as a service station: because they wou d hay e lost tileir non-conforming use status [village Code The entire transcript of the Tea /itin.g held before the Village Zoning Board of Appeals has been provided to �the court . The testimony at the hearing pro; i.ded no evidence; that an ongoing business of either repairing motor ve icles or providing gasoline to the public was conducted at the premises or the requisite period of time . :fin fact , the overwhelming evidence subIr,i tea to the {osra Indicated that lroM 1985 to 1989 there was no activity at the site, (Testimony of Bob Brown any: Carmela Bo-rrell.i) . While the Village of Greenport Ty need additional gasoline stations . within its borders , it is ina.ppropria e and illegal to do %riolen.ce tc the zoning ordinance by permitting this-gasoline .station to open as a nor:- conforming use . Generally, abandonment of a, use ccurs wileri 'there is both an interit to abandon and non-use of the , f acil.ity (Concerned Ca ti Gens of'_Montauk, Ina - V. Lester, 62- A.D. 2d 171, 404 N.Y•S•2d 860 j .� However, whoa the: ordinance _pr©vi.des for the discontinuance of the .right of non-conformiri7; use for a period of time , intent. is irrelevant, {?r•udoo_�_ Realty Cor,}:��_. -Pv:l.ermo� 60 N.Y.2d 656 , 467 N. Y.S. 2d 830] . It would not have been diff icul t for the applicant to rebut the testimony of the citizens who stated that the use had been di:,cc�ritii.ued for a period of more t4ian a year. '�The a• plica.nt could ►as.ve provided the Board with a valid license for conducting repair sho.p during the critical time period) or he could have produced the naive of the person or business ; `•iman *h;t one repair took allegedly occupying the premises . 1' e t.e c y place at the site of the gasoline station since .1.C)'84 is unpeMiasive . The court also notes that a new use may ndt be substituted for an beCaUSe it is simi.jar orrcraGian V. i�Iurc3or..k, o�d use mere 1y .� � � N B,a i ld i r:+� Corporation TI t l I_119 '90 12:122 i'lAi c'I E Llr J�I I_lh a I - PAGE - CARMELA L. BORREL.LI v. CHARLES BR10HAT , et als . INDEX NO, 89/22253 -- ----- 271 A.D. 2d 8303 65 N. Y.S. 2c1 64 i] . The decision of the Greenpurt Vi la0e Board of Appeale j- vacated and annulled. . l SUBMIT JUDGMENT. L h LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND WILLIAM WICKHAM MORTGAGEOFFICE ERICJ.'BRESSLER NEW YORK 11952 ABIGAILA.WICKHAM 516-298-5300 516-298-8353 TELEFAX NO.516-298-2012 ANIEL C.ROSS KAREN J.HP.GEN TELEFAX NO.516-298-8565 HUBERT F.SULLIVAN JOSEPH C.SAVINO June 11, 1990 Zoning Board of Appeals Southold Town Hall Southold, N.Y. 11971 Attention: Gerard P. Goehringer, Chairman Re: In the Matter of 4obert and Ethelle Schroeder 1000/035/5/4 Dear Mr. Goehringer: Pursuant to your request, this will confirm that Robert and Ethelle Schroeder are withdrawing, without prejudice, their application to the ZBA presently pending with respect to the above referenced premises. Very truly ours, -'r Eric Bressler EJB:vm 01 APPEALS BOARD MEMBERS 1; SCOTT L. HARRIS �' Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, J A r. n , �Y Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 May 7, 1990 Daniel Ross, Esq. Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Appeal. No 3895 - Robert and Ethelle Schroeder Dear Mr. Ross, With reference to the above captioned Appeal you informed this Board at our last regular meeting that Mr. Schroeder is back in town. In line with that we would like to reschedule this application to be heard and would appreciate if you would notify this office of any changes on this application. Thank you for cooperation on this matter. Very truly yo rs Gerard P. Goehringer Chairman ZBA/df cc: Town Attorney v J ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ----------------------------------------X In the Matter of an Appeal by ROBERT SCHROEDER and ETHELLE SCHROEDER AFFIDAVIT of the October 5, 1988 Order to Remedy Violation of the Building Department of the Town of Southold. ----------------------------------------X STATE OF NEW YORK) ) ss. . COUNTY OF SUFFOLK) ROBERT SCHROEDER, Jr. being duly sworn, deposes and says: 1. I reside at 122 North Street, Greenport, New York. I submit this affidavit in support of my father and mother's application for a reversal of the Building Departments Order of October 3, 1988. there are 2 . In support of the application/submitted deeds indicating ownership of the premises and affidavits of operators of the premises with respect to my fathers' assertion that there was a legally existing a non-conforming use on the property and. that the Order from which he is appealing is in violation of his rights pursuant to the non-conforming use. 3 . My father wanted to submit affidavits from operators of the premises for the period of time 1957 to the present. He was not able to obtain an affidavit from William Ballan who I understand owned the property from February of 1981 to August of 1981. He was unable to locate Mr. Ballan. He was not able to obtain an affidavit from John Diaz who simply did not want to do an affidavit. I understand Mr. Diaz operated the premises from sometime in 1979 to early 1981. 4. For those time periods during which Mr. Ballan owned the property and Mr. Diaz operated the property I lived in East Marion and observed vehicles, trucks and equipment kept on the premises. It appeared that some of the vehicles were being repaired and that some were just stored on the property. There was also equipment kept on the premises during those time periods. ROBERT S HROEDER, Jr. o ._ Sic, n to of me � day of , 1990. otary Publ c 2 uv,�2 Q L c,A6z ass r� N�J tAh rvs c uv+l.� 1�� l.�oNL v� v Y►. �cs c.lo u,� ,/ ��.tA`1t�Nl CM sw-"CA I c, 5 Cc J Oc�caCL 2 l In y o �n�5 GUY\N I N uo-k4 t �o r 1,c1/ CA. (&f au r� CCT cn,-t ems . (.6"_ 1�,o s 67X �C1Vl.���-.Va.�� A►�.A � ��a�cyt 1:�.Q �J f�t��(1 l,es� � ��N1�1�JAPR.C.1, c MRS. CHARLES M. DENNINGTON [� �/� �✓ �� R. P. D. NO. 1 — BOX GREENPORT, NEW YORK 11944 17) 11771 ',Q�®per—f/ �a c,2 vv 10 �ifi ti a i Gv 7—Ow a to G 8 a(.9 u 01F A P p RA LS Nov 25 , 1989 To Whom it May Concern: I understand that the statement we received clearly states that Robert and Ethelle Schroeder want to change their agricultural zone to an industrial zone. We do not want this action to take place because of pollution (burning diesel fuel on heavy duty machinery) and the depreciation in value of our home. L �' �- U ^� � �, AA, ears►-Al A-Z V,SS1increly yours , 6-8 y 7 P/Pi (� jl<+�flu ; �, y UZ la4l 9 dwi 'y`�2 �£��4 f cX � �g0�e-l/t�►6}-AG�EQ ��ti v'M Ja D..f �c3c� C3 l Q U.� ``C 1n ��J.►PL �t�S '. 1 in Q V R a�Z C� 4kN (2A 19' a LSc�-L C�19�5 11(`rA 4J 10.i 4 �t2 A� 11E�e5* eS �'Ct > (��U' -s- 1p— L Sr�/l d`�1 ��rn� �s �►�r�l, ae�ss -�n,� i1�,�i�,,�,��� mom �.� O-)s-.,ti?LONt, z+ GO, C9 �c1�.01CMt.�J -1E-1nt'� Ak C�W C Nc� ) e:S+ A Cxa1 �A vAE- kGAl>— UVAlX ©Tc�vrn- 40 rwc:"v?- qz t m e- <4 MY S, ;s- <:�2��,Q4 c-Q \., Otis r �� LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J.BRESSLER NEW YORK 11952 516-298-5300 ABIGAIL A.WICKHAM 5I6-298-8353 TELEFAX NO.516-298-20I2 ANIEL C.ROSS KAREN J.HAGEN TELEFAX NO.516-298-8565 HUBERT F.SULLIVAN November 22, 1989 Southold Town Zoning Board of Appeal Southold Town Hall Southold, New York 11971 Attention: Doreen Re: In the Matter of the Petition of Robert and Ethelle Schroeder Dear Doreen: Pursuant to your request, we have enclosed our check to the order of Southold Town Clerk for $150. 00 with respect to the above referenced matter. Very truly yours, OMiUdg.eRgossla,2 V'' DCR:vm Encl. I LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O.BOX 1424 MATTITLICK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J.BRESSLER NEW YORK I1952 ABIGAIL A.WICKHAM 516-298-5300 516-298-8,353 TELEFAX NO.516-298-2012 DANIEL C.ROSS TELEFAX NO.516-298-8565 KAREN J.HAGEN HUBERT F.SULLIVAN November 16, 1989 f Southold Town Board of Appeals Southold Town Hall Main Road Southold, N.Y. 11971 Attention: Mr. Gerard Goehringer, Chairman Re: In the Matter of the Appeal of Robert and Ethelle Schroeder SCTM: 1000/035/5/4 Dear Mr. Goehringer: Enclosed are the following documents submitted herewith in support of the above referenced appeal: A. Order to Remedy Violation dated October 3, 1988 ; B. Application by Robert Schroeder sworn to November 10, 1%89 in triplicate; -C. Notice to Adjoining Property Owners and affidavit of service 'of Application upon the Southold Town Building Department; D. Environmental Assessment Form; E. Z.B.A. Questionnaire; F. Certificate of Occupancy No, . Z10589 dated July 17, 1981; {{ 4 G. Survey of subject premises by Roderick Van Tuyl, P.C. , surveyed November 19, 1980; H. Copy of portion of Tax Map showing the premises; I. Affidavit of Chain of Title by Thomas B. Caulfield, sworn to December 12, 1988 together with certified deeds in chain of title to subject premises, including: a) Cowley to King dated 10/1/46 (L.2630 p. 189) (western portion) ; b) Maple Lane Farm, Inc. to Cleaves Point Corp. dated 2/1/55 (L.3989 p. 106) (eastern portion) ; c) Cleaves Point Corp. to King dated 10/11/58 (L.4581 p.424) ; d) King to Ethier dated 8/4/77 (L.8290 p. 18) ; e) Ethier to Hukill dated 1/10/79 (L. 8565 p.378) ; f) Hukill to Likuh Realty, Inc. dated 3/6/79 (L.8595 p.383) ; g) Likuh Realty, Inc. , to Ballin dated 2/11/81(L.8960 p.588) ; h) Ballin to Schroeder dated 7/20/81(L.9048 p.38) . J. Affidavits relating to the use of the premises from 1957 to date by owners and/or operators of the premises, including: a) Albert M. Dinizio, sworn, to on January 23 , 1989, covering he period 1956 to 1969; b) Richard Pilles, sworn to on May 15, 1989, covering the period 1967 to 1970; c) Lew Raymond, sworn to January 24, 1989, covering the period 1971 to 1972 ; d) Donald Ethier, sworn to January 25, 1989, covering the period 1973 to 1979 ; Additional affidavits shall be submitted relating to use of the premises for those time periods not covered by the affidavits listed above. K. Minutes of the May 29, 1958 ZBA meeting and decision of Board of Appeals dated May 14, 1958; e tr y © s, Janie . Ross DCR:vm Encls. cc: Southold Town Building Department schroapp-75 FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ....... October 3., 88 ............... .................................. 19........ Mr & Mrs. Robert Schroeder TO ......... ......... Pre or 9�VrMl age nr of Rdwner) as East Marion, New York 11939 ................................................................................. (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: CHAPTER 100 Zoning Ordinance ............................................ Other Applicable Laws, Ordinances-or Regulations ............................................ at premises hereinafter described in that ..(,1) A change of use of an existing building .............................................................................. without obtaining a Certificate of Occupancy. (state character of vigl�t Change of use o and without obtaining a Certificate of Occupancy, (3) Changing the use of a non-conforming .. ... ... . . ...... ..............................:............................................................... gaso irie filling s'[atio'n' without obtaining a Certificate of Occupancy. .................................................................................................................................................................. in violation of ....CHAPTER 100-144A, CHAP. 100-141-4A. ...................................................................................................................... (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned IMMEDIATELY The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 4380 Main Rad. (Rte 25), East.Marion........County of Suffolk New York. SUFFOLK COUNTY TAR MAP # 1000-35-5-4 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. ` �..... .........l ............... Building Inspec r Vincent R. Wieczorek t � f �. `-,:. ;`✓lid F= U�' P�'O�'f�(ter! � q I a i Y Y// L._._L TOWN r{ 95 SQ.O _ 0 �. tr}} l 5-kf. v (ya s 5 htt-ion w zsf Area= 14"953 sq.ff °4 E r 7'1?1a .4Ja. 8009 o-9`383 �� a••Hus•i�-7 rltw v inn or ad•'kinn thi^tsvrvny it<n.violation of / c,•i;n 7201 of tho New York Stir F.+rrcvttron trw. I C"i .:r.)C7G7 �'sllY�'td(. Cp. i CopirA of thlo ottrvoy map not bnerin, pF N EF V l {hr lrne.surveyor'e lnkod tea',of _`�C.ri'VE?C1 ed Nov. (q} (�JaO P �CK Vq �O l t-�-mta;49ed seal @boll not be oonsWerf)d jn Ln s vali'trun copy. > 'T' Guarantee^Indfcr t-0 horoon shril run r- S only to tho pe►eon I'm whom the curvet' f`%. (�r". - �_ • , .r� � � I Is prspered,end on his bahelf to the a titir comnnny,Qfovernmontert aConcy end Coovrh f TelK 1Vlap o sigrcrf-ioti- lencanr insf;tution listed horoon endL%Cerrsee( Land �siJi Ye Ljnr's tis tS 25� to th,aw..igno*g of the lording iWi- � r Fp LAND 5J ( S� O�. y.. .. , . _. . C.3fre� o``�� (�� w Y�r _ �Q 'urion C'uorcrns�ero not tranatoretil® r7� t"7- r r m•.••.otr ireti u i cns or subsequent sequen /,�ecGf �-�•- y D I Ile, COUNTY OF SUFFOLK TOWli OF SOUTHOLD . -------------------X TOT-IN OF SOUTHOLD Versus ROBERT SCHROEDER, ETHEL SCHROEDER, , Defendants _----------------u------ -----X May 15 , 1987 Southold, New York BEFORE: HON, FREDERICK J. TEDESCHI , Justice APPEARANCES: FRANCIS YAKOBOSKI, ESQ. , Town Attorney m W 0 PATRICIA MOORE, Attorney for the Defendants LL N O O n O Z W Z Z O Y Q m O U O Q O Z W a Myrtle Kiefer . Court Reporter 2 . Conference/Disposition re: Robert and Ethel Schroeder Pages 3 - 11 m w f 0 LL N O O n 0 i w z z 0 r a m 0 u Q a m z w a Y. 3 . This is the matter of the Town of Southold versus Robert Schroeder and Ethel Schroeder held in Southold Town Justice Court on Mav 15, 1987 before the Honorable Frederick J . Tedeschi, Justice. THE COURT: Robert and Ethel Schroeder, Number 62 . (Mr, Yakoboski and Ms . Moore before the bench. ) THE COURT: Ma_v 29 , Trial Date, peremptoril MS . MOORE: I object. You're not giving W him proper time for an attorney. f 0 4 THE COURT: You had six months and you could N O 0 have gotten all the attorneys you wanted. Z w Everybody ' s in on this case. It has to be Z Z 0 resolved and I 'm not going to drag it on. 0 : MS . MOORE Your Honor, I 'm going to make a o = Z Va request if it goes to trial that we get another judge, that we ask for another judge. THE COURT: I ' ll deny that application. MS . MOORE: Exception. THE COURT: I 'm not a prejudiced man. Just let's look at those pictures . 4 . MS . MOORE: I believe you've had prior deal- ings with Mr. Schroeder? THE COURT: I 've never represented Mr. Schroeder. I have been on opposite sides of the fence with Mr. Schroeder. He's a fine gentleman but like everybody else, we must comply with the law. MS . MOORE: I 'd just like to make my excep- tion. THE COURT: Your exception is noted, May 29th for. trial. MR. YAKDBOSKI: May we respectfully set a time? THE COURT: 11:30 . m W f a MR. YAKOBOSKI : May we go off the record? THE COURT: Yes . 0 (Off the record discussion between Mr. Yako w Z boski and Ms . Moore and the Court. ) m (Continuation on the record) 0 W MR. YAKOBOSKI; I 'm proposing that Mr. a Schroeder plead guilty to two of the three counts in the information that is before the Court and that there be a fine and no other type of punishment. A fine totaling 5 . one thousand dollars , and that he immedi- ately remove --- THE COURT: That means like one day or two? MR, YAKOBOSKI : That is immediately, that he remove the crane which is situated on the east side of the building on this premises . THE COURT: It is the east side? MR. YAKOBOSKI: Yes . THE COURT: Toward the Kron property? MR. YAKOBOSKI: Yes . MS. MOORE: For the record, he went out to survey and Kron had no complaints about him m storing property --- 0 4 MR. YAKOBOSKI : Immediately remove the N O O crane on the east side of the building and Z Z that he remove and not park any of his con- struction equipment in the front yard of 0 this parcel henceforth and that furthermore, Z W the crane which is currently behind the building --- Your client must understand that trucks are a part of construction equip- ment. THE COURT: Including trucks . 6 . MR. YAKOBOSKI : That the crane which is at the rear of the building, that the boom be lowered to the ground. He knows how to make it safe. so not to create a dangerous situation and that be, permitted to remain until the 15th of July at which point that piece of equipment is gone, the parcel is never used again. THE COURT: If I may interrupt, Mr. Yakobosk ' , that's all that was there? MR. YAKOBOSKI : All that was there as of this morning were two cranes and this truck. There were two pick-ups and big dumpsters---- M THE COURT: So, in other words you're really 0 saying is to keep one crane in the back pro- s 0 vided the boom hits the ground, until the Z z 15th at which point that is gone and no 0 r other equipment can be there? 0 u MR. YAKOBOSKI : Yes . Z W THE COURT: Are we clear on that? MS. MOORE: I 'm clear. THE COURT: I want everybody to be clear and no misunderstandings . MR. YAKOBOSKI : During that period of time, 7 . barring any breach of this proposal or agree- ment, we will not file any other charges against him for that crane continuing to be there. THE COURT: The date is July 15th? MR. YAKOBOSKI : Yes . May we go off the record? THE COURT: Yes . (Off the record conference between Mr. Yak- oboski, Ms . Moore and the Court. ) (Continuing back on the record. ) MR. YAKOBOSKI : Your Honor, after much dis- cussion we are going to put before the. Court al ix a proposal to resolve the matter of People 0 versus Robert Schroeder and Ethel Schroeder . 0 0 0 0 Z Your Honor, first I have an application w z that in contemplation of a plea of guilty 0 0 0 - to two of the three counts alleged in the 0 z information which is before the Court, and W a that information I don't have a docket num- ber, Your Honor. THE COURT: There it is . (Indicating) I don't know if it's on there . Take a look. MR. YAKOBOSKI : That at that time, we 8 . respectfully move to dismiss as to Ethel Schroeder and that is as I said, in contem- plation of a plea of guilty to counts num- ber one and two on the information. We woul recommend to the Court and the defendant has accepted that there be a fine imposed of one thousand dollars and that further, the construction equipment including the truck currently on the premises which is on Main Road in East Marion; a condition consists of a crane, truck and dumpsters , be removed forthwith. By that we mean no later than Tuesday of this coming week. THE COURT: That is the 19th ? f K MR. YAKOBOSKI: Yes , it should be removed N by the 19th day of May, 1987 and that the 0 z w crane which is the second crane which is on Z 0 r the premises to the rear building be per.- 0 m 0 mitted to remain on the site so long as the Q. z W boom is lowered to the ground to reduce any a ' visibility from the highway and also may be for safety purposes . THE COURT: That the crane in the rear build- ing, that be permitted to remain till the 15th day of July, after which time on or 9 . before such date it be removed. Therefore no construction equipment including the trucks dumpsters or the like or any construc- tion material --- MR. ,LESSArD:; Not, "therefore no more con- struction equipment. " Put it after July 15th. MR. YAKOBOSKI : That henceforth commences the 19 th. MR. :LESSARD: That no construction equipment including construction materials , grading materials , stones , topsoil, sand and the like be stored on those premises . W MR. YAKOBOSKI : We also respectfully request f o the third count be withdrawn. I think it is N referred to as count four on the information 0 W but that count be withdrawn and we understand Z Z Y that Counsel has authorization and has talked to her client. O Q Z THE COURT: Just to clarify, maybe summarize a so we all understand what it' s all about and correct me, Ms . Moore and Mr. Yakoboski, if I 'm not accurate. The defendant who Ms . Moore is his attorney, agrees to immediately remove one r- 10 . crane and that's on May 19 , 1987 , one crane located on the east side of the premises . MR. YAKOBOSKI: Correct. THE COURT: He 's going to remove and not park any construction equipment whatsoever, in front of the premises . MR. YAKOBOSKI : Correct. THE COURT: We 're speaking of May 19, 1987 as the deadline here. The crane in the rear , the boom is to be lowered to the ground and it is to be removed by July 15 , 1987. MR. YAKOBOSKI : Correct. ''?R. LESSARD:- Na other equipment is to be W _ on the premises . Everything is to be gone f LL and to be removed by July 15 , 1987 . MS. MOORE: I don't know what equipment 0 w we're talking about. Z Z m AIR: LFSSARn:= Then he will not bring it back. 3 MR. YAKOBOSKI : Not operate a turnstile 0 operation. That' s gone as of the 19th. THE COURT: Ms . Moore, pursuant to your wit- ness ' s authorization dated May 15 , 1987 which has been submitted to the Court and which was acknowledged on May 15 , 1987 , how do you plead to count number!one and count number 11. two on behalf of your client? MS . MOORE: As to Ethel Schroeder, I believ the counts have been dropped. THE COURT: That was dismissed. MS. MOORE: As to Mr. Schroeder, guilty to counts one and two. THE COURT: I notice you have authority in- cluding but not limited to accepting sent- ence and/or fine . How are you going to pay this fine? MS . MOORE : I have a check to pay today. THE COURT: Dismissed as to Ethel Schroeder. So now we need cooperation to carry this M f out. 0 0 4 MS. MOORE: He indicated he would do so. 0 Unfortunately I was not able to speak to Z w Mr. Schroeder. I spoke to Mrs . Schroeder Z z 0 and she said, `'Yes . '' 0 THE COURT: Fine. Thank you. z Z W IL 12 . C E R T I F I C A T I O N I, Myrtle Kiefer, Official Court Reporter, hereby certify that the foregoing pages are a true and correct transcript of the .Justice Court proceedings held on May 15 , 1987 at Southold Town Justice Court, in this matter. Date Myrt iefer, Cour Reporter m W F 0 0 W i 0 n 0 z zz z 0 s m 0 U m a U z W a 39 2 MR. SAWICKI : So find. 3 THE CHAIRMAN: All in favor? 4 BOARD MEMBERS: Aye. 5 (Whereupon, a brief recess was taken 6 and the proceeding later resumed. ) THE CHAIRMAN: Our second to last e hearing is in behalf of Robert and Ethelle 9 Schroeder, Appeal Number 3895 . The legal 10 notice reads as follows : Upon application 11 of the applicants , variance for reversal of 12 Building Inspector for change of use of land 13 and existing building without obtaining a 14 Certificate of Occupancy. Property loca- 15 tion: 4380 Main Road, East Marion, County 16 Tax Map Number 1000 , Section 35 , Block 5 , a Z 17 Lot 4. O 4 18 I have a copy of a survey dated S S i9 November 19, 1980 , indicating a one story W _ ° 20 frame gas station, sits in the same location m 21 . . . only difference I notice based on a u z W 22 field visit is that there is a fence in the 23 rear of the property, in the rear of the 24 station itself , some sort of . stockade fence. 25 I have a copy of the Suffolk County Tax Map ,.....M �..�. ;u . 1 40 2 indicating this and surrounding properties 3 in the area. I have a letter in the file, a 4 concerned citizen. Is there anyone that 5 would like to be heard in behalf of the 6 application? 7 MR. BRESSLER: Wickham, Wickham and 8 Bressler, P.C. , Main Road, Mattituck, New 9 York, by Eric Bressler. 10 Gentlemen, this is an appeal from a 11 determination or decision of the Building 12 Inspector, in this case involving an order 13 to remedy a violation issued October 3 , 14 1988 . The order to remedy involved three 15 separate types of alleged behavior; one, a 16 change of use of an existing building 0 0 17 without obtaining a Certificate of Occu- 0 18 pancy; two, a change of use of land without s 19 obtaining a Certificate of Occupancy; three, Z 2 20 changing use of the nonconforming gasoline 0 0 21 filling station without obtaining a Certifi- u z W L 22 cate of Occupancy. 23 Those are the three items that are 24 listed on this order to remedy. It is 25 important to note, in looking at the order 1 41 2 to remedy, that there is no detail whatso- 3 ever regarding what the nature of the change 4 of use is or what it is that must be 5 remedied immediately. It merely says there 6 is a change and you are ordered to comply 7 with the law and remedy the conditions m 8 immediately. on that basis alone I believe 9 the Board has the authority to reserve that 10 particular determination. It just doesn' t 11 tell us anything. 12 Secondly, moving to what we believe 13 was intended by this order to remedy, but of 14 course we can' t be absolutely certain, but 15 what we think they are talking about is the 16 parking of vehicles on the premises . This e 0 17 is upon information and belief , and my 0 18 statement to that effect in no way concedes s 19 that is what this is about or admits o 20 anything that is in the order to remedy, but o 21 upon information and belief that may be what u z W 22 this is about . Certainly there is no 23 evidence before this Board as to what this 24 order to remedy is about . 25 Simply speaking, with respect to that .- 1 42 2 issue, we have submitted to the Board an 3 abstract of title which shows ownership of 4 this property prior to the zoning and we 5 submit a series of affidavits up until a 6 certain point which document the use of that 7 particular piece of property as being S ✓ 8 uninterested. s The Board will note that as part of 10 this particular chain there are two holes in 11 the chain, and I have an affidavit from 12 Robert Schroeder, Jr. , regarding these 13 particular holes in the chain. I hoped one 14 of the applicants could be here tonight, to 15 speak of his house use from the time of his 16 ownership going forward. However, despite a 0 17 O long, lengthy notice prior to the time of 0 is this hearing, he is unavailable to testify . s 19 His testimony in substance, I would repre- W 20 sent to the Board, would track what is set 0 21 forth in the other affidavit . u z W 22 THE CHAIRMAN: You don' t have anybody 23 here to discuss this? 24 MR. BRESSLER: No, since my 25 applicants . . . I would introduce 1 43 2 Robert Schroeder, Jr. 's affidavit to plug 3 the hole, and I would ask forbearance of the 4 Board in reserving and leaving the hearing 5 open until Mr. Schroeder returns . When this 6 was published, we immediately tried to get 7 in touch with Mr . Schroeder and he was out m m 8 of town. We would hope he would be back by 9 the next Board meeting. 10 I am certain the Board has questions 11 of Mr. Schroeder, as do I . So that is my 12 application, at this particular time. 13 THE CHAIRMAN: Thank you. 14 Is there anybody that would like to 15 speak, either in favor or against this par- 16 ticular project? o 0 17 MR. BRESSLER: I am handing up the 0 18 affidavit of Robert Schroeder, Jr . 0 s 19 (Whereupon, a copy of said affidavit m 20 was handed to the Board. ) 21 MS. GILLISPIE: My name is Rhoda u W ` 22 Gillispie. I live at 221 North Road, 23 Greenport , across the street from Mr. 24 Schroeder' s property. I am here to speak on 25 behalf of my family, my husband, and also 1 44 2 Betty Denningston (phonetic spelling) , who 3 is here and lives directly across from Pair . 4 Schroeder's property. 5 The obvious reason why we strongly 6 oppose what has been done in the past , and 7 the court ordered to stop the storing of the m s machinery and things related to Mr. 9 Schroeder' s Sound Shore Excavating Company 10 (phonetic spelling) , is , number one, the 11 eyesore of what I am looking at across the 12 street from me right now. Without any 13 equipment there, except for the occasional 14 trucks that are still stored there, it is an 15 eyesore just because of what transpired 16 last , whenever, it was last summer with the 0 17 graffiti all over the building, but if you s 18 add the equipment , and it was before the 19 court ordered to stop keeping it there, W _ m 20 literally every square inch of the property 0 21 was filled with cranes , septic tanks, _ W 22 gravel , and various heavy-duty equipment . 23 . The hazard to traffic on Route 25 is, 24 in the past they backed equipment in and out 25 of the property, stopping traffic. There is 1 45 2 a lot of screeching of brakes . This is a 3 large g piece of equipment going into a small 4 piece of property and it has in the past 5 caused problems . It is also very noisy, 6 waking up at six o ' clock in the morning to 7 diesel engines being revved up. This is a m - 8 residential area with a nonconforming use. s Now this is where my question lies , 10 that I do not understand the legalities of 11 the application that has been presented, but 12 a nonconforming use, is it specifically for 13 the purpose of being used as a public 14 gasoline filling station? It is all resi- 15 dential around there. There was on the 16 master plan . . . apparently it is all listed 0 17 residential . I realize it is not just this 0 18 piece of property that is nonconforming, but s 19 it doesn' t specify in the master plan. What m 20 does nonconforming use mean? 0 21 THE CHAIRMAN: Well , I am not the u z W ` 22 greatest authority on nonconforming use, but 23 I will tell you that if this particular 24 building continued after zoning and it was a 25 gasoline station, then assuming that it has 1 46 2 been continued in that use without a . . . I 3 will steal a phrase from Mr. Bressler in 4 saying "no holes in the chain" . . . more than 5 two years, then it continues as a gasoline . 6 station. 7 MS . GILLISPIE: Okay. That was my m 8 understanding, and in the five years that we 9 have lived across the street from this i0 property, no gasoline has been served to the 11 public as far as I know of . Now I under- f 12 stand, and I did not live there when Mr. 13 Schroeder bought the property, that it 14 started out selling gasoline. So it changed 15 and became Sound Shore Excavating, Incor 16 porated. I don' t know at what point , 0 0 17 because I was not there, but that is not a 0 18 change of use business , what the violation a 19 states it is . Are we talking just about the W _ m 20 equipment being used on there or the actual 0 21 use of Sound Shore Excavating Corporation, V Z W ` 22 which is in a gasoline filling station? 23 THE CHAIRMAN: I cannot answer that 24 question without having Mr. Schroeder here, 25 and that is where my problem is . 1 47 2 MS. GILLISPIE: I understand that . 3 THE CHAIRMAN: I certainly am 4 perfectly aware of how . . . riding back and 5 forth from the ferry or back and forth on 6 inspection . . . that no gas has been 7 dispensed ever from that building. I will m 8 be the first to admit that , and I concur 9 with what you are saying . That could very 10 well be a loss of one of his uses . . . 11 consistently. I ' don' t know at this point . 12 MS. GILLISPIE: That is my question. 13 THE CHAIRMAN: I don' t know at this 14 point . Let ' s wait until he shows and we can 15 ask him as series of questions . 16 MS. GILLISPIE: My other question is , 0 0 17 are there zonings specifically for companies 18 requiring heavy-duty machinery? I was told s 19 there are. I don' t know this for a fact . W m 20 THE CHAIRMAN: I think they should be 21 stored in certain zones . There is no W 22 question about it . Again, the Building 23 Inspector will probably be better served to 24 answer that question. 25 MS. GILLISPIE: It is obvious . 1 48 2 It was a gasoline station. We bought the 3 property knowing that it was supposed to be 4 a gasoline filling station originally and 5 that this was being used as something 6 different . We question whether that 7 something was changed because it sounds to m m 8 us , and from other people who have spoken to 9 us , that it was not the use it was intended 10 for and that is would eventually change. 11 I am not ready to move from my 12 property, but I am upset over the thought 13 that this can become a storage of heavy-duty 14 equipment . . . cranes . All this stuff across 15 the street from a residential house certain- 16 ly lowers my property value, but that is not 0 0 17 the main point . My main point is that this 0 18 is not in use as a gasoline station as it 0 s 19 was meant to be, and it is my understanding W m 20 it should be reverted back to its original . 0 21 use which is residential . u z 22 THE CHAIRMAN: Thank you. 23 Is there anybody else who would like 24 to be heard? 25 MR. APODIACOS: Terry Apodiacos . 1 , 49 t 2 I would just like to state that I have been :s 3 living there for fourteen years now, ever 4 since we bought the house, and never really 5 noticed it to be a gas station except for 6 the first three or four years . . . it was 7 owned by a previous man named Don's Garage, m 8 and ever since the Schroeders moved in I 9 haven' t seen gasoline served to the public . 10 Also, I have sent to you guys , a few 11 months ago, a letter stating all our reasons 12 why we don' t want the zoning to take place; 13 because of the diesel fuel , the noise early 14 in the morning, and the depreciating value 15 of .our property, too. 16 THE CHAIRMAN:. Thank you. 0 = 17 MR. APODIACOS: You' re welcome. 0 18 THE CHAIRMAN: Anybody else who would s = 19 like to speak? m 20 Go ahead, Mr. Bressler. 21 MR. BRESSLER: Mr. Chairman, I think u z W ` 22 the comments we heard tonight point to the 23 direction with this particular application. 24 The problem that the Board is faced with 'i 25 again, simply to review the order of remedy, h 1 50 2 leads me to the conclusion that that ought 3 to be stricken and thrown out , and if truly 4 a problem exists down there that the issue 5 ought to be brought by the Building Depart- 6 ment quickly before the Board. I think the simple statement there be a change of use m a has left the objectants, whatever they are s objecting to, has left them as bewildered as 10 we are as to how to act or deal with this 11 ' particular situation, and I think if the 12 Board wants to reassess and bring Mr. 13 Schroeder in, that is fine and I would ask 14 the Board to do that if they want to hear 15 from him. But I don' t believe that is going 16 to cure the underlying dissent here which is 0 0 17 that the issues are not clearly in front of 18 the Board and the simple statement that s 19 there be a change of use just has to fall on 20 what will happen after that to bring the 0 21 issues into focus . u z W L 22 THE CHAIRMAN: I 'm thinking about 23 having the Building Inspector here at the 24 next hearing. *- 25 MR. BRESSLER: That would certainly 1 51 2 be helpful . I am not sure . . . I am not sure 3 that would cure the problem that the Board 4 has with respect to the written determina- 5 tion. I am pretty certain that the law on 6 that issue is you take your notices as you 7 find them, and while the Building Inspector e m 8 may augment and complain to the Board what 9 he meant, I don' t think that is going to i0 save the infirmity. I do think it may aid 11 in future resolutions. 12 I certainly would not be objecting if 13 the Board chose to do that . However, 14 legally speaking, I would object to the 15 significance of what he had to say on the 16 actual application. It may, however, as a 0 17 practical matter, be beneficial . 0 THE CHAIRMAN: Thank you. 18 MR. GILLISPIE: Dave Gillispie. I 19 came back from Boston for this hearing and I m 20 think that all parties should have made the 21 u effort to be here. But there is also one 22 point in here, it says "hardship" , that Mr. 23 Schroeder has a hardship if they couldn' t 24 use this property for whatever he wants to 25 t .. � ..........,..._• ,1'a .$�.. a-"$. ..,....r is... - 1 52 2 use it for, I guess , no one here is really 3 sure what he wants to use it for but- it is 4 not the filling station. 5 As I understand, he has acquired 6 other property in the Town of Southold that 7 he can use for his business . So the use of m 8 this property or lacy: of use of this 9 property is not going to harm his income or 10 the people he employs . I would hope the 11 Board also keep that in mind. Thank you. 12 THE CHAIRMAN: Thank you. 13 Yes , Mr. Bressler. 14 MR. BRESSLER: :fir. Chairman, if I 15 could just address that . I believe, of 16 course, as the Board is aware, a hardship is 0 0 17 not a legal issue here and the fact that it 0 18 appears on the Board' s form or something is 19 filled in, I think is of no legal signifi- W 20 cance. We are not at this point asking for 21 a variance. If we were having a variance u z 22 hardship or a practical difficulty it would 23 be . before the Board properly, and to the 24 extent that it caused any confusion or legal 25 misunderstanding to the objectants , a 1 53 2 I apologize for that . 3 THE CHAIRIALA i : Any other comments 4 from anybody? 5 Will Mr. Schroeder be back on the 6 15th? e 7 MR. GILLISPIE: What date, excuse me? m 8 THE CHAIRMAN: The 15th of February, 9 two weeks from tonight . 10 MR. GILLISPIE: No, I will be in 11 Florida. 12 THE CHAIRMAN: Will Mr. Schroeder be 13 back here, Mr. Bressler? 14 MR. BRESSLER: I am not certain, Mr . 15 Chairman, and when the assigned date was 16 first sent out we made a diligent attempt to 0 17 contact Mr. Schroeder. I have been advised 18 by Mr. Schroeder° s family that Mr. Schroeder 0 19 has the luxury, unlike some of us , of taking 20 vacations without being bothered by the 0 21 telephone or other methods of contact . So _ W 6 22 as soon I find out where he is and when he 23 will be back, I will let you know. 24 THE CHAIRMAN: I guess the best - 25 thing to do is recess without a date. 1 54 ` 2 MR. BRESSLER: As soon as he returns , 3 I will advise the Board by a letter so the 4 hearing can be set , if that is satisfactory . 5 THE CHAIRMAN: Anybody have any 6 objection to that? Anybody have an objec- 7 tion to our recessing without a date and m 8 reconvening the hearing when the applicant 9 is here? Then we will recess without a date 10 on my motion. 11 MR. DINIZIO: I would like to make a 12 statement . I would just like to inform 13 everybody involved in this that I don't feel 14 1 have a problem making, a decision one way 15 or the other. - My brother-in-law does .own 16 land adjacent to this property and across e 0 17 the street . You should consider that 0 18 certainly for our next hearing. I certainly s 19 would not be offended if you don't want me W 20 to be here. However, I don' t feel that is m 21 anything that would effect . . . I just want V ` _ W ` 22 you to know. I know Bob knows . 23 MR. BRESSLER: I will remind Mr-. 24 Schroeder if he is aware of it . I can only 25 assume he doesn' t have .any objection if you g. 1 . 55 2 don' t view it as a conflict . I will just 3 remind him. I am sure there will be no 4 difficulty, but if there is we will meet and 5 let you know. 6 THE CHAIRMAN: Hearing no further S 7 comments , I make a motion to recess the $ hearing without a date. 9 BOARD MEMBERS: Second. 10 THE CHAIRMAN: All in favor? 11 BOARD MEMBERS: Aye. 12 THE CHAIRMAN: I thank you very much 13 for coming in everybody. 14 We are reconvening the hearing on the 15 Port of. Egypt , which was reconvened from the 16 last regularly scheduled meeting. At that e 17 time, I believe we asked you for a map which 18 we presently have in our file . And we asked a 19 you for the single and separate search. I m 20 guess I should let your attorney speak for 0 21 you. W 22 MR. MOORE: William Moore, of Moore 23 and Moore. 24 I 've got certified copies of deeds of 25 each of the parcels in question. I trust Southold Town Board Appeals Fe:br. y. J ; :1-MZegular Meeting S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3895 Project/Applicants: Robert and Ethe.11e Schroeder County Tax Map No. 1000- 35-5-4 Location of Project: 4380 Main Road , East Marion Relief Requested/Jurisdiction Before This Board in this Project: _ Reversal of building inspector for change of use of land and existing building wi*thout obtaining certificate of occupancy . 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. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type TI Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr w lion 100-30 p 3• ArucleArea d NOTICE OF AEARV p� Section-.� "Z`� hulk. I Section ySHoto of the Pa�kingg. .A a s from 15 1 d N(rIICE S11 eaton 261 100-239.4. ands,for permission ,ant tom��eC of the win` — D wing water or wail dwelling. OWRIA the. folio .'to construct a one family leII Court, South e 990 ,e.riogs old a NN BOARD Oa Cp utc ogucl�Countys lloock 01, STATE OF NEW YORK) SOVTKOLD Mecutig. 1p00� Secuot!'.083, )SS: PLAY 3 0 i �pgA1S at a Sperm Hall, Main 895 . COUNTY OF SUFFOLK) the Southold TO14 j 119"11• on •:_7:45 P.m:'APPI. No. Road. Southold, - 30,1990, ROBERT AND. 'ETHELL WEDNFSDAY• Variance for rave dies: A. SC(BtOEDER• actor for Yvonne Lieblein of Mattituck In the following L No.3920 of the. building iusP 1:30`P- APP �e 700!ugOrdir � ge'of use of lard and existing said County,being duly sworn,says that he/she is Principal ace, 10. LIOS• Article 36w,duo nr,nis. building without:obtaining �Y nonce,Art roved, for p s� certificate of Occupancy' Prope Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, 244• as disapP ct deck addition► tip; 4380 Mam.lt°ad: s published at Mattitue in the Town of Southold County of stra Tax M P .. excel ,� Luca a No. Sion to ear► County Con d Marion.. . low Lot 4 Suffolk and State of New York and that the Notice of which Proposed t7overage, tan set- 1000,Secuor!•35.$ r tied lot m..APPI: No.. 3907 have insuffrcrent ° on 310 0'variance the annexed IS a printed copy,has been regularly published in 'backs. Pr°Periy• untYTaa DiICHOLAS�Ail�pdcIIIA, said Newspaper once each week for �_ weeks Linda Road•Mate 06,Block the Zoning Article XXV. nd No d, Section too-30.A- ( as disap- successively, commencing on the 24 day of Section 100-253 p►). construct fg 90 L 1 14. 0 3933 — Sion°to can May ::.7:35 P VA APPLIIyIHI,IIs Vsrianceto proved,for parrots complex, proposed ` iris a retailloffice cotn►P tied m pAM ;rig Ordinance- A t per construction is :not-permi the Sedi�100 231 ft fence. this R_40 Zone.Distnclt 30 X%�• construct an 8 tie I,00ation: 29950..Mau< Road,., mission tO and area q{r in pequash Avenue, Cutchogue. in the front Y No.1000:section yard area¢Ot�ation; 34655 CounBlock 038P 01fton ."= . height. Properly. Coon y Tax 102, l .No'.3915:--- incipal Clerk t Main Road• Orient, 019.Block 7:55 P m•: P Variance map No. 1000•$ecnon AN'S.P �' JORD. Ordinance .,Ariicle O1.Lois 5&6. . No• 3914 to the Section. .100-71+ 'as 40 m• APO, exyoii- VII.;:: . . imission:`to 7' H�,�..Varon p,Sec- disapprove for 'a retail stores:. Sworn to be re me this adiiiance. A icle consuuci office is. not ,L9F1RY K.DEUfdAN Proposed:.,construction: day of 19 NUTEtRY PUBLIC,Stare of idew York permitted :use in:thin District. Suffolk Counly No.4898cU Locntion:,:'.1000. Mau► ') -- - --- ;;` S ec uyid`lt0 Main.Road.Grp'` Term Expires februarY1Li35�V` �R,:County Tax Map.No..10009,: Section 54. k 2.IDt.l:` 'rhe Board of APP�s will at.said "= lace hear any,and all Per-. ,tame and p sons or reptesenauves desiring to be heard in each of the above al to o tiers. Written comments maY the t submitted prior' conclusion of the subject hearing' . will not start before- --Each hearing Additional time for time allotted. beail avable. your presentation ore will information, . if need For I 765-1 ,.please 21.1990 Dated May BY ORDER OF TEffs SOUIIIOLD TO GERARD P.GO ... $Y 1 Ferw�". N0110E OF BEARINGS NOTICE IS HEREBY _ GIVEN,pursuant to the Section :.267 of the Town Law and the a Code of the Town of Southold, COUNTY OF SU FFOLK ..,,,.,the following hearings will be ss: ,k 4held by ,the SOUTHOLD STATE OF NEW YORK MAY 3 0 i990 r•;;}�OWN BOARD OF APPEALS `,'t.,0"'a`Special Meeting, at the `.Southold Town Hall; Main ```f',Road, Southold, NY 11971, on Patricia Wood, being duly sworn,_ ' WEDNESDAY,MAY 30, 1990, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, "at the following times: a public newspaper printed at Southold, in Suffolk County; 1:1;7:30 p.m. Appl..No.3920— .,A. LIOS. Variance to the Zon- and that the notice of which the annexed is a printed copy, :;Jng Ordinance, Article XXIV, has been published in said Long Island Traveler-Watchman , ,•.Section,100-244,as disapproved, once each week for .,•for permission to construct deck weeks additions. Proposed construc- tionexceedspermittedlotcover- successively, commencing on the age, and will have insufficient • • • • • • • • • • • • • • • • • • • • . . side yard `setbacks. Property Location:310 Linda Road,Mat- day of . / =?i 19 •7.o tituck, County Tax Map No. ' ;. ,1000,Section 106,Block•1.,Lot .14 ;:,• 7 35 p.m Appl No. 3933- PAMELA VALENTINE.Vari- ance to the Zoning Ordinance, •Article XXIII, Section 100-231 A, for permission to construct . . . . •an 8 ft. fence Sworn to before me this . . . . .in the front yard'. • ` y. . . . . . . day of area.Fence in the front yard area not to exceed 4 ft.in height.Pro- l 19 .! U perty Location:. 34655 Main Road,Orient,County Tax Map : _No.1000,:Section-019,Block.0l- ...- Lot 5 &6 p.m, Ap . No. 3914= � v EVA Variance HALLA. Variance to'the . . . . . . . . . . . . . . . . . ,; . . . . . . . . . . . . Zoning Ordinance,Article III A, Notary Public Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, "Area and Parking, Article 7:55 p.m. Appl. No. 3915— BAR ARA A. SCHNILE-IDER "" XXIII,Section 100-239.4 build- JORDAN'S PARTNERS. Vari- State of New York ing setbacks from water or wet-' ance to the Zoning Ordinance, !`io. h.",684S lands, for permission to con- ;Article VII, Section 100-71, as Coy ty struct a one family dwelling. 'Property Location: 55 Glen disapproved for permission to Com,:;issict i^xpi:as ��3 /y� Court, Cutchogue, County Tax construct office and retail stores. Map No. 1000, Section Tax Proposed construction is not -Block 61,,Lot 01.' permitted use in this District. 7:45 p.m. App1. No. �3895 -.Property Location:. 1000 Main 'ROBERT •AND ETHELLE. -Mstreetrand_160 :Main Road,. SCHROEDER.Variance for re- Greenport County Tax Map versal of the building inspector No. 1000, Section 34, Block 2; Lot 1. for change of use of land and -existing building without obtain- The Board of Appeals will at Jng a Certificate of Occupancy said time and place hear any and allpersons or representatives de yProperty,:location: 4380 Main 'siring to be heard in each of the', <t Road,East Marion,County TLx above''matters. Written com-' s Map-No.,•1000,, Section 35, ments may,also .be submitted lock S; Lot 4 "` prior;to the conclusion of the 7:50 p.m Appl. No. 3907= subject hearing: Each hearing NICHOLAS ALIANO. will not start before time allot- Variance to the.Zoning Ordi- ted. Additional,time for your -nance, Article. III A, Section 100-30 A.2 (Article XXV, Sec- Presentation will be available,.if rt,tion 100-253 A), as disapprov needed. For more information; i ed, for permission to construct Please call 765-1809. •.,,:,,,<,, . Dated May 21, 1990 rt� •„, a retail/office complex,. pro- N;,.,,_,:gy ORDER OF posed construction is not per- Y mitted in this R-40 Zone Dis- :. THE SOUTHOLD DOWN `, trict.Property Location:29950. BOARD OF APPEALS -'Main Road,30 Pequash Avenue; ' ,GERARD P GOEHRINGER CHAIRMAN -Cutchogue,-County Tax.Map a f� *�;By Doreeri:Ferwerda iLot 0�,Section 102,Block 03, 1X, 5/24/90 (7) S��FO�c } T Southold Town Board of Appeals ':�Ol �•��� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. r 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 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 df f C b�V / Y APPEALS BOARD MEMBERS 'sY, � SCOTT L. HARRIS ( Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. �� � y Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to the 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 Special Meeting, at the Southold Town Hall, Main Road, Southold, NY, 11971, on WEDNESDAY, MAY 30, 1990, at the following times: 7 : 30 p.m. Appl. No. 3920 - A. LIDS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. Proposed construction exceeds permitted lot coverage, and will have insufficient side , yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section .106, Block 1, Lot 14. C ?c:lye 2 - Notice of Hearings Southold Town Board of Appeals Special Meeting of May 30, 1990 7 :35 p.m. Appl. No. 3933- PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7 : 40 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII, Section 100-239 .4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083 , Block 01, Lot 01 . 7 : 45 p.m. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of the building inspector for change of use of land and existing building without obtaining a certificate of Occupancy. Property location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. Page 3 - Notice of Hearings Southold town Board of Appeals Special Meeting of May 30, 1990 7 :50 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.2 (Article XXV, Section 100-253 A) , as disapproved, for permission to construct a retail/office complex, proposed construction is not permitted in this R-40 Zone District. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Block 03, Lot 01. 7: 55 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores. Proposed construction is not permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 21 Lot 1. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, please call 7.65-1809. Dated May 21, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda 1 r Y NOTICE OF HEARINGS 7:50 p.m. Appl. No: 3900- 820 p.m: Appl. T l NOTICE OF HEREBY GERHARD SCHREMMER. ROBE NoRT AND ETHELLE J GIVEN, pursuant to Section Variance to the Zoning Ordi- SCHROEDER.Variance for re- 267 of the Town Law and the I nance, Article XXIV, Section versal of building inspector fir Code of the Town of Southold, 100-244 B, for permission to change of use of land and exist the following hearings will be construct a one family dwelling, ing building without obtaining held by the SOUTHOLD Proposed construction will have a Certificate of Occupancy.Pro- TOWN'BOARD OF APPEALS insufficient front and side yard perty Location: 4380 Main at a Regular Meeting, at the setbacks,. lot has insufficient La East Marion,County Tax Southold Town ,Hall, Main width. Property Location 1380 No. 1000; Section 35, Road, Southold, NY 11971, on Oak Drive, Southold, County% Lot 4. THURSDAY, FEBRUARY 1, Tax Map No. 1000,.Section 080," 8:25 p.m. Appl.,No. 3770- .' 1990, at the followingtimes: Block 02, Lot 001. PORT OF EGYPT. Variance to 7:30 p.m. Appl. No. 3902- 7:55 p.m. Appl. No. 3897- the Zoning Ordinance, Article HENRY HUNSTEIN.Variance PARKER J.WICKHAM.Vari- XII,Section 100-121C-122,Sec- to the Zoning Ordinance,Arti- ance to the Zoning Ordinance, tion 100-239d,,as disapproved cle III A, Section 100-30.3, Article XIII, Section 100-132, for permission to construct Boat - (100-33), as disapproved, for for permission to construct a Storage Building with insuffi- permission to. -construct ac- building;for antique vehicles, cient setbacks and excessive lod'' cessory building in frontyard proposed construction will have coverage in this Marine II (M- area. Property Location: 90 bulk, area and parking regula- II) Zoning District. Property Kimberly Lane and 135 North tions and insufficient side yard . Location: 'Main Road, Bayview Road,Southold,Coun- setback.Property Location:410 Southold,County Tax Map No. ty Tax Map No. 1000, Section- Airway Drive,Mattituck,Coun- 1000,Section 056,Block 04,06, 70, Block 13, Lot 20.20. :f ty Tax Map No. 1000, Section Lot 10.1, 11, 12.2,3.2,3.3,4,6.1. 7:35 p.m. Appl. No. 3901- 123, Block 01, Lot 02. The Board of Appeals will at THOMAS ESCHMANN. 8:00 p.m. Appl. No. 3899- said time and place hear any and Variance to the Zoning Ordi- AGNES AND CHERYL PAG= all persons or representatives de- nance, Article III A, Section NOZZI.Variance to the Zoning siring to be heard in each of the 100-30 A.4, (100-33), as disap Ordinance, Article XXIV, Sec- above matters..Written com- proved for permission to con- tion 100-244 B, for permission ments may also be submitted 1 struct accessory building in the to construct an addition to ex- prior to the conclusion of the 1 frontyard area and accessory isting dwelling, proposed con- subject hearing. Each hearing shower in sideyard area.Proper- struction will have insufficient will not start before time allot- ty Location: 495 Mesrobian side yard. Property Location: ted. Additional time for your Drive,Laurel,County Tax Map 1450 Jockey Creek Drive,' presentation will be available,if No. 1000,Section 145,Block 4, Southold,County Tax Map No. needed. For more information, Lot 10. 1000,'Section 70, Block 5, Lot please call 765-1809. 7:40 p.m. Appl. No. 3905- „ 17 Dated: January 22, 1990 ANTHONY J. MERCOREL 8:05 p:m:'Appl. No. 3898 BY ORDER OF LA.Variance to the Zoning Or- PECONIC BAY VINEYARDS. THE SOUTHOLD TOWN dinance,Article XXIII,Section Special Exception to the Zoning BOARD OF APPEALS „GER 100-239.4 B,as disapproved,for Ordinance,Article VII,Section ARD P. GOEHRINGER 100-71 B (6) for permission to permission to construct deck ad- CHAIRMAN dition to dwelling, proposed use existing barn for winery pro- '11 B Doreen Ferwerda . ) Y construction will be less than 75 duction and storage. Property 1X, 1/25/90 (7) I ft. from the bulkhead. Proper- Location: 32180 Main Road, Cutchogue, County Tax Map Bay Boulevarrdd,,Laurel,County ty Location: Great y No. 1000,Section 103,Block 01, . Lot 19.2. Tax Map No. 1000,Section 145;' 810 p.m. Appl. No. 3882- Block 4, Lot 4. BIDWELL WINERIES.Special HARRIET 7:45 p. No. 3904- Exception to the Zoning Ordi= SPILPILMAN. Vari- , Article III, Section , ance to the Zoning Ordinance, Hance nance for Article XXIII,Section 100-239.4 approval of con- B, for permission to construct sumer tasting and retail sales addition to existing dwelling. from the winery.Property Loca- Proposed construction will be tion: Route 48, Cutchogue, less than 75 ft. from the bulk- County Tax Map No. 1000,Sec- head. Property Location: 1730 do 6, Block 4, Lot 4.3. West Creek Avenue,Cutchogue, t565 8:15 p.m. Appl. No. 390I 1 RT OCHSENREIT 1 County Tax Map No. 1000,Sec- EDWARD LENCES tion 110, Block 1 Lot 7.3. - e for reversal of build to construct a one faing.Property Locati yer Road, Mattitu Tax Map No-1000,S9, Block 3, Lot 14. . COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 . . . . . . . . . . . . . . . . . . . . .f. . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . day of . . . , 19 .g0. . . . . . .lam—�t1. Sworn to before me this . . . . . . a .S. . . . . . . . . . . day of 19 R . . . . . . . . . . . . . . . . . Notary Public f3;?;r�,";Rl� A. SCH>\E11 NLTr ny i'UU_IC, State of i'JeVr York +;o. 12M ill. SLI folk Co+l1t'j JII I.i11.:JIVi1 Li�Nii�$ (�/3�/J`. i I z � Southold Town Board of Appeals , a MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516)765-18z3 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO, JR. 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 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' df f Southold Town Board of �n ea is taik ": �d c� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. 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 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, FEBRUARY 1, 1990, at the following times: 7 :30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3 , (100-33),, as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20. 20. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7: 35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (100-33) , as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7 : 40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. -from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7 : 45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, for permission to construct addition to existing dwelling. proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7. 3. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7 :50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. 7 : 55 p.m. Appl. No. 3897 - PARKER J. WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8: 00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17 . Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8: 05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B ( 6) , for permission to use existing barn for winery production and storage. . Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19. 2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4. 3 . 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. C 1 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK 2 --------------------------------------x Q�t_ 3 SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING, 4 ' 5 --------------------------------------x 6 Town Hall 53095 Main Road 7 P.O. Box 1179 Southold, New York 11971 8 May 30, 1990 9 7: 36 P.M. i 10 11 B e f o r e: 12 GERARD P. GOEHRINGER, Chairman q 13. 14 APPEALS BOARD MEMBERS: 15 CHARLES "GRIGONIS, JR. , Absent 0 1. 16 SERGE DOYEN, JR. . i; 17 JOSEPH1 H. SAWICKI 18 JAMES DINIZIO, JR. s 19 20 Also Present : 0 21 Doreen Ferwerda e Board Secretary 22 23 24 GAI L ROSCHEN . 25 Official Court Reporter 1 16 2 and reserving decision until later. 3 MR. SAWICKI: Second. 4 THE CHAIRMAN: All in favor? 5 MR. DOYEN: Aye. 6 MR. SAWICKI: Aye. 7 MR. DINIZIO: Aye. 8 THE CHAIRMAN: The next appeal is j C::sal ay 9 Number 3895, in behalf of the firm of Wickham, 10 Wickham & Bressler and we ask Mr. Bressler if 11 there is something he would like to furnish 12 us with? 13 MR. BRESSLER: Yes. For the Applicant: 14 Wickham, Wickham & Bressler, P.C. , Main Road, 15 Mattituck, New York 11952, by Eric J. Bressler. 16 At this time, gentlemen of the Board, s 0 17 I have been instructed by my client to withdraw 0 18 this application without prejudice. I apologize s -_ 19 to the Board members for the late notice and Z 20 any members of the public who are in the 0 21 audience tonight who thought there would be u z W 6 22 something happening, but only this afternoon 23 I communicated with Mr. Schroeder who expressed 24 his intentions to me in this regard. 25 THE CHAIRMAN: Would you furnish us with 1 17 2 a letter? 3 MR. BRESSLER: Certainly. 4 THE CHAIRMAN: We appreciate that. 5 MR. BRESSLER: Because of the lateness, 6 obviously, I did not have time to get one. 7 THE CHAIRMAN: Thank you so much. 8 Anybody else? In this particular case, 9 it is kind of pro forma that we are going to 10 accept the request. I do not know what other 11 avenues are involved here, so if there is 12 anybody in the audience that is concerned about 13 this, I would suggest they contact the Town 14 Attorney after we are in receipt of the letter 15 which basically is something we have, at 16 this point, even though it is not reduced to o a 17 writing. I make a motion -- what I better 0 18 do is recess it pending the receipt of the s z 19 letter, and what I will do is actually close m 20 it pending the receipt of the letter. 0 21 MR. SAWICKI: Second. t . u z s 22 THE CHAIRMAN: All in favor? 23 MR. DOYEN: Aye. 24 MR. SAWICKI : Aye. 25 MR. DINIZIO: Aye. 1 34 2 C E R T I F I C A T I O N 3 4 I, Gail Roschen, an Official Court Reporter, 5 do hereby certify that the foregoing is a true and 6 accurate transcript of my stenographic notes taken on 7 May 30 , 1990. 8 9 10 GAIL ROSC EN 11 12 13 14 15 16 0 ° 17 0 18 S 19 W ° 20 m 0 ° 21 ° W 22 23 24 25 COUNTY OF SUFFO.LK TOWj1q OF SOUTHOLD ---------------------.----------------------X T^1-'IN OF SOUTHOLD Versus ROBERT SCHROEDER, . ETHEL SCHROEDER, . Defendants : ----------------------------------------X May 15 , 1987 Southold, New York BEFORE : HON. FREDERICK J. TEDESCHI, Justice APPEARANCES: FRANCIS YAKOEOSKI, ES ?. , Town Attorney W Ir 0 IS. PATRICIA r1OnRr, Attorney for the Defendants LL O n 0 i zz z 0 r m O u m ' z z w IL Myrtle K-1--fer , Court Reportr 2 . Conference/Disposition re: Robert and Ethel Schroeder Pages 3 - 11 m W Y K O LL N O O n 0 i w z z 0 r a m 0 u 0 a z W a i 3 . This is the matter of the Town of Southold versus Robert Schroeder and Ethel Schroeder held in Southold Town Justice Court on Mav 15 , 1987 before the Honorable Frederick J. Tedeschi, Justice. THE COURT: Robert and Ethel Schroeder, Number 62 . (Mrs Yakoboski and Ms . "bore before the bench. ) THE COURT: May 29 , Trial Date, peremptoril, MS . MOORE: I object. You're not giving W him proper time for an attorney. f 0 THE COURT: You had six months and you could N O have gotten all the attorneys you wanted. Z w Everybody ' s in on this case. It has to be Z Z 0 m _ resolved and I 'm not going to drag it on. 0 o MS. MOORE• Your Honor, I 'm going to make a Z Va request if it goes to trial that we get another judge, that we ask for another judge . THE COURT: I ' ll deny that application. MS . MOORE: Exception. THE COURT: I 'm not a prejudiced man. Just let's look at those pictures . 4 . MS . MOORE: I believe you've had prior deal- ings with Mr. Schroeder? THE COURT: I 've never represented fir. Schroeder., I have been on opposite sides of the fence with Mr. Schroeder. He's a fine gentleman but like everybody else, we must comply with the law. MS . MOORE; I 'd just like to make my excep- tion. THE COURT: Your exception is noted, May 29th for trial . MR. YAKOBOSKI : May we respectfully set a time? THE COURT: 11:30 . W o MR. YAKOBOSKI : May we go off the record? THE COURT: Yes . 0 0 Z (Off the record discussion between i4r. Yako w Z 0 r boski and Ms . Moore and the Court. ) a m (Continuation on the record) 0 a W MR. YAI:OBOSKI: I 'm proposing that lr, IL Schroeder plead guilty to two of the three counts in the information that is before the Court and that there be a fine and no other type of punishment. A fine totaling 5 . one thousand dollars , and that he immedi- ately remove --- THE COURT: That means like one day or two? MR. YAKOPOSKI : That is immediately, that he remove the crane which is situated on the east side of the building on this premises . THE COURT: It is the east side? MR. YAKOEOSKI: Yes . THE COURT: Toward the Kron property? MR. YAKOEOSKI: Yes . MS. MOORE: For the record, he went out to survey and Kron had no complaints about him m f storing property --- O MR. YAKOBOSKI : Immediately remove the N O O n ° crane on the east side of the building and Z that he remove and not park any of his con- 0 } 0 struction equipment in the front yard of this parcel henceforth and that furthermore, Z W the crane which is currently behind the building --- MR.._L; .SSARD" ; Your client must understand that trucks are a part of construction equip ment. THE COURT: Including trucks . 6. MR. YAKOBOSKI : That the crane which is at the rear of the building, that the boom be lowered to the ground. He knows how to make it safe. so not to create a dangerous situation and that be permitted to remain until the 15th of July at which point that piece of equipment is gone, the parcel is never used again. THE COURT: If I may interrupt, Mr. Yakobosk' , that's all that was there? MR. YAKOBOSKI : All that was there as of this morning were two cranes and this truck. There were two pick-ups and big dumpsters--- E THE COURT: So, in other words you're really 0 LL saying is to keep one crane in the back pro- s 0 r. vided the boom hits the ground, until the Z z 15th at which point that is gone and no 0 other equipment can be there? 0 U ° MR. YAKOBOSKI : Yes . 0 Z W XL THE COURT: Are we clear on that? MS . MOORE: I 'm clear. THE COURT: I want everybody to be clear and no misunderstandings . MR. YAKOBOSKI : During that period of time, 7 . barring any breach of this proposal or agree- ment, we will not file any other charges against him for that crane continuing to be there. THE COURT; The date is July 15th? MR. YAKOBOSKI : Yes . May we go off the record? THE COURT: Yes . (Off the record conference between Mr. Yak- oboski, Ms . Moore and the Court. ) (Continuing. back on the record. ) MR. YAKOBOSKI : Your Honor, after much dis- cussion we are going to put before the Court m W o a proposal to resolve the matter of Peoole LL versus Robert Schroeder and Ethel Schroeder 0 0 Z Your Honor, first I have an application w that in contemplation of a plea of guilty r m o to two of the three counts alleged in the 0 Z information which is before the Court, and W a that information I don't have a docket num- ber, Your Honer. THE COURT: There it is . (Indicating) I don't know if it's on there. Take a look. MR. YAKOBOSKI : That at that time, we 8 . respectfully move to dismiss as to Ethel Schroeder and that is as I said, in contem- plation of a plea of guilty to counts nuin- ber one and two on the information. Ile woul recommend to the Court and the defendant ha accepted that there be a fine imposed of one thousand dollars and that further, the construction equipment including the truck currently on the premises which is on Main Road in East Marion; a condition consists of a crane, truck and dumpsters , be removed forthwith. By that we mean no later than Tuesday of this coming week. THE COURT: That is the 19th ? W f R ° MR. YAKOBOSKI : Yes , it should be removed 0 by the 19th day of May, 1987 and that the Z crane which is the second crane which is on w Z Z m the premises to the rear building be per- 0 mitted to remain on the site so long as the a W boom is lowered to the ground to reduce any a visibility from the highway and also may be for safety purposes . THE COURT: That the crane in the rear build- ing, that be permitted to remain till the 15th day of July, after which time on or 9 . before such date it be removed. Therefore no construction equipment including the trucks dumpsters or the like or any construc- tion material --- MR. LESSARD:: Not, "therefore no more con- struction equipment. " Put it after July 15th. MR. YAKOBOSKI : That henceforth commences the 19th. MR. •LESSARD: That no construction equipment including construction materials, grading materials , stones , topsoil, sand and the like be stored on those premises . m MR. YAKOBOSKI : We also respectfully request W f o the third count be withdrawn. I think it is referred to as count four on the information O Z but that count be withdrawn and we understand W Z Z r that Counsel has authorization and has talked to her client. 0 a W THE COURT: Just to clarify, maybe summarize AL so we all understand what it 's all about and correct me, Ms . Moore and Mr. Yakoboski , if I 'm not accurate. The defendant who Ms . Moore is his attorney, agrees to immediately remove one 10 . crane and that' s on May 19 , 1987 , one crane located on the east side of the premises . MR. YAKOBOSKI: Correct. THE COURT: He 's going to remove and not park any construction equipment whatsoever, in front of the premises . MR. YAKOBOSKI: Correct. THE COURT: We 're speaking of May 19, 1987 as the deadline here. The crane in the rear the boom is to be lowered to the ground and it is to be removed by July 15 , 1987. MR. YAKOBOSKI : Correct. *1R. LI SSARn: Na other equipment is to be W on the premises . Everything is to be gone f and to be removed by July 15, 1987. MS. MOORE: I don 't know what equipment 0 z we 're talking about. W Z m IIR; LFSSARn:= Then he will not bring it back. U MR. YAKOBOSKI : Not operate a turnstile O Q 0 operation. That' s gone as of the 19th. THE COURT: Ms . Moore, pursuant to your wit- ness ' s authorization dated May 15 , 1987 whic has been submitted to the Court and which was acknowledged on May 15 1987 how do Y ► you plead to count number one and count number 11. two on behalf of your client? MS . MOORE: As to Ethel Schroeder, I believ the counts have been dropped. THE COURT: That was dismissed. MS. MOORE: As to Mr. Schroeder, guilty to counts one and two. THE COURT: I notice you have authority in- cluding but not limited to accepting sent- ence and/or fine . Hoiv are you going to pay this fine? MS . MOORE : I have a check to pay today. THE COURT: Dismissed as to Ethel Schroeder. So now we need cooperation to carry this M w out. f 0 MS. MOORE: He indicated he would do so . Unfortunately I was not able to speak to Z w Mr. Schroeder. I spoke to Mrs . Schroeder Z Z 0 ' and she said, ` Yes . "m 0 THE COURT: Fine. Thank you. z Z W IL 12 . C E R T I F I C A T I O N I, Myrtle Kiefer, Official Court Reporter, hereby certify that the foregoing pages are a true and correct transcript of the Justice Court proceedings held on May 15; 1987 at Southold Town Justice Court, in this matter. 9'7 e• Y� . Date Myrt Kiefer, Cour Reporter C m W E 0 4 N O O n O Z W Z Z O Q m O U Q U Z W a Page 5 - Notice of Hearings Southold Board of Appeals. Regular Meeting of February 1, 1990 Llandand . Appl. No. - ROBERT AND ETHELLE SCHROEDER. reversal of building inspector for change of use of ting building without obtaining a Certificate of roperty Location: 4380 Main Road, East Marion, p No. 1000, Section 35, Block 5, Lot 4. 8: 25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII , Section 100-121C - 122, Section 100-239d, ' as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10. 1, 11, 12.2, 3 . 2, 3 .3, 4, 6.1. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809 . Dated January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda , r Southold Town Board of Appeals Regular Meeting of February 1 , 1990 Copies to the following on or about January 24 , 1990 Suffolk Times , Inc. L. I . Traveler Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall ) ZBA Board Members (with copies of files ) ZBA Individual Files Mr . H. Hunstein 302 Saville Rd. , Mineola , NY 11501 Riverside Homes , as Agent for Thomas Eschmann 1159 W. Main St. , P. O. Box 274 , Riverhead , -NY 11901 Mr. Anthony Mercorella 131 Duxbury Road , Purchase , NY 10577 Karen Hagen , Esq . for Harriet Spilman Wickham , Wickham , Bressler Main Road , P. O. Box 1424:; Mattituck , NY 11952 Salvatore DiSalvo as Agent for Gerhard Schremmer 47-39 162nd Street , Flushing , NY 11358 J . Parker Wickham 410 Airway Drive , Mattituck , NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive , Southold , NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive , Southold , NY 11971 Mr. Ray Blum for Peconic Bay Vineyards Main Road , P . O. Box 709 , Cutchogue , NY 11935 Mr . Kerry Bidwell for Bidwell Wineries Route 48 , Cutchogue , NY 11935 Daniel Ross , Esq . for Ochsenreiter and Lenceski Wickham , Wickham & Bressler Main Road , P . O. Box 1424 , Mattituck , NY 11952 Daniel Ross , Esq . for Robert & Ethelle Schroeder Wickham , Wickham & Bressler Main Road. , P. O. Box 1424 , Mattituck , NY 11952 Southold Town Board of Appeals Regular Meeting of February _1 , 1990 . Copies to the following on or abo.ut January 24 , 1990 Mr. Theodore Traturis for Robert & Ethelle Schroeder 5804 7th Avenue , Brooklyn , NY 11220 Mr . Eraklis -Apodiacas for Robert & Ethelle Schroeder 7122. Ridge. Boulevard , Brooklyn , NY 11209 Mr. David Gillespie for Robert & Ethelle Schroeder 221 North Road , Greenport , NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates , 1 Bootleg Alley , Greenport , NY 11944 7 J O „A O Southold Town - Board of A PP eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN February 1 , 1990 CHARLES GRIGONIS,JR. SERGE DOYEN, JR. S 'JOSEPH H. SAWICKI " JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3895 Project/Applicants: Robert and Ethelle Schroeder County Tax Map No. 1000- 35-5-4- Location of Project: 4380 Main Road , East Marion Relief Requested/Jurisdiction Before This Board in this Project: Reversal of building inspector for change- lof use of land and existing building without obtaining certificate of. occupancy. 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. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617. 2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617.2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr. 9f��J F 9 v m� - . S5/�t!• '� Town Hall, 53095 Main Road P.O. Box 1 179 Southold New York 11971 s: JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: November 27, 1989 Transmitted herewith is Zoning Appeal No. 3895 application of Robert & Ethelle Schroeder for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. r0+1f!� Judith T. Terry TOWN OF SOUTHOLD N r ORDER a APPEAL FROM ) OF BUILDING INSPECTOR APPEAL NO. NOV 2 7 1989 ` 1 kt)F1 R.% DATE November. .,, .. .� 1989 TO THE ZONING BOARD OF APPEALS, TOWN OF LLT6rA. 7k K, (We) ..lambert..&-..Ethelle..Schrc)eder............of .....���R..S S.. . ..F. S:t.> s�I�............... Name of Appellant Street and Number Town of. Southold, New York .....HEREBY APPEAL TO . . .. ...................................... ....................... Municipality State ORDER TO R )Y THE ZONING BOARD OF APPEALS FROM THE DECM10MOF THE BUILDING INSPECTOR ON . MT20020MM DATED: 10/3/88 11 ISSUED WHEREBY THE BUILDING INSPECTOR X)fNW TO ROBERT & FTH9,LE SCHROEDER ................................................................................. . Name of Applicant for permit of 2190 Stars Road East n'larion New York ... ..... .... ...........................r.. ,.. . .. .... ....................... Street and Number Municipality State ( ) PERMIT-TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY „4380..!Kain....Road,..East Marion, A .......... ................................................................... Street and Hamlet Zone District 1000 Section 35 Block 5 Lot 4 OWNER(S) : . .. ... .. . . . . . . . .. . . . . . . . . . . ................................................................................. Map No. Lot No. DATE PURCHASED• . . . . .. . . ... .. . ... . . CITED IN ORDER � • � 2. PROVISION (S) OF THE ZONING ORDINANCE XPREAUM (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Chapter 100-144 A/ Chapter 100-141-4A 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 (X ) Reversal of Order of Building Inspector 4. PREVIOUS APPEAL A previous appeal MM(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. ................................Dated ...................................................... .......... REASON FOR APPEAL ( ) A Variance to.Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X ) Reversal of Order of Building Inspector is requested for the reason that the order of the building inspector, copy annexed as Exhibit A, is erroneous, as more particularly set forth below. The order to. remedy sets forth the alleged violations of the Southold Town Zoning Ordinance, none of which is correct. The first alleged violation is a "change of use,-ofan existing.building without obtaining a certificate of occupancy." There have been no change of use of any building on the premises and there .is no specification in the order of what change it is alleged has been made or the date thereof. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued The second alleged violat "change'of rase of land without obtaining a certificate of occupancy": There has been no change of use of the land and there is no specification in the order of what change it is alleged has been made or the date thereof. The third alleged violation is "changing the use of a non-conforming gasoline filling station without obtaining a certificate of occupancy." There has been no change of use of any land or building and there is no specification in the order of what change it is alleged has been made or the date thereof. As a matter of,law, due process demands that the applicant.:�.c. be advised in an order to remedy of at least the nature and date of the conduct which it is alleged constitutes a violation. Failure to so specify.mand.ates a reversal of the order. As a matter of fact, no changes have occurred in the use of either the building or property. For these reasons the order to remedy of the building inspector should be reversed. In support here,of'the applicant submits affidavits showing the prior use of the property. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because other properties do not.have the non-conformity which this property has. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this property is on a main road. The property has been used commercially as indicated by affidavits submitted herewith and there are other commercial uses in the immediate vicinity. STATE OF NEW YORK ss .. ...... COUNTY OF SUFFOLK ) Signature ROBERT SCHROEDER Sworn o t is ..... i!.j .. . .. .................... day of...........November............................. 19 89 ........ o a Ic �MNIIr��' name ! 1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ROBERT AND ETHELLE SCHR9€D€R NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Southold Town Board of Appeals PROPERTY OWNER Town Hall Main Road Southold, NY 11971 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) .(Special Permit) (Other) [circle choice] Reversal of Order of Building Inspector ------ ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 4380 Main Road, .East Marion, New York SUM No. 1000/35/5/4 h 3. That the property which is the subject of such Petition is located in the following zoning district: A Zone 4. That by such Petition,the u-ndersigned will request the following relief: Reversal of Order of Building Inspector 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section Chapter 100-144A, Chan_ 100-141-4A E ] Section 280-A, New York Town Law for approval of access over rights)-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�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be:published at least five days.prior to .the date of such hearing in.the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: November 0) 1989 Petitioner Owners ' Names : Robert & Ethelle Schroeder Post Office Address 2190 Stars Road East Marion, N.Y. 11911939 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. Eraklis Apodiacas 7122 Ridge Boulevard Brooklyn, New York 11209 Mr. Robert Heaney Main Road Greenport, New York 11944 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Virginia Magi nn , residing at 850 Bunqal ow Lane, Matti tuck; NY.. 11952 being duly sworn, deposes and says that on the day of November / 3, , 19 89 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as.shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at _ Matti tuck, New York ; that said Notices were mailed to each of said persons by (certified) ( %X mail. Virgini Maginn Sworn to before me this /c3_ dayl November 019 89 l Notary�Pul y� JEpNT ZpppA (/ / Noted►Public.State of New Yaft No.4875120 C,ualffied in Suffolk Coutrit► Commission Expires Deo.22.T9 .(This side does not have to be completed on form transmitted to adjoining property owners.. ) r �U��"'�"`'ir^ i>Y A kdi /T4.i �•...+...a'k i '+••i*+r�-.•.,-�--',uw;...+.�. .i..'.� _ .,...:yy.:.•„t.. ..,.,.r;:_.. ,.>. Y. - :f«w v ,� L �r .` lr f:�"�h.(k 2' I'•..,�.,I I ,, r ..r... f , •st' i ��a s��S�'19.,,�,,ee�{kf y� � �e J t � • Y,t-,. 41 en t f ''i.t!?�.�+u^ ��'S�'�"r.t�V �t} 1 tt Y./ . � �1G l'C•A� }+� }�/�y'} . t(;fillly'}.1�:r h' ° _Y Y !+L �( ri 1solf h!.<o�'UI �C?"C. N.fora�39 50 E �oVVN OF �s .. . f111 ige'trt Q // l ,S 'B- 0 R�ILI r t I ....-�. .t,•� :Q Q 190 J � Secefe' ICJ- �t ao N N' Q ' 59. 3 50.0 7. f S.h�°or'�o"►Y S.G6,'_39'50"W. r � , Othl�1 survey iR a�violatlon of / ' I' �,--icn 72M of thce yerr York SV16 P3[� C} vefit wit r ` `'CoNPr of thl3 ourvc0 map not boarin� pF N k i I I }�•,e lend surveyor'e Inked"ol or �—'t AlO E�.-Nov.VIS0.a'�3E3C� �'�� �GK Vq �O ' 1 emb,,�d seta sticli not be oonsiderpd sej Q -�; tx r veal?trgo oozy. �. 4li�r� �'..1L`�,y'F" a G-G aF. s Guarantoera Indicted herean shrfl run 1 only to the person for vAwn the curvet' a f le prepere Lind oft his behalf to the tfth com o n ontci eyo end vcr m ncy 8 lk Cout-Hy Tdix' MaP De-slc mad otts ' FO sv 3 ' tir icnvtina I^siit�]tQon HrXed horoo^c^d LIG 'f75t-d Land X S 26 to thy a&aignoos;.of the londinp inst! (`lSW Ytar LAND , i y .tn Wtt 6^0.: utiansn or subsequent M � C - FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector --_ - Town Hall Southold, N.Y. _ Certificate Of Occupancy Z10589 Date . . . . . . . Ju.ly. 1?... . . . . . . . . . . . . . . . 19 .81 THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Location of Property 4380 Main Road , Rt. 25 Greenport , New York House No. Street Hamlet County Tax Map No. 1000 Section 35 . . . . .Block . . . . 5. . . . . . . . . .Lot . .4 . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . .. requirements for a Public Garage built prior to conforms substantially to th.&:A-0plteation-for-$ttff(ing-Permit--heretofore-fibed irr phis-office-dated-- . . April 23 . . . . . . 19s7. pursuant to whicg%;Ac�gip t•IQS.-Qccupancy Z1 0.5.89. . dated . . . .July. 1 7 . . . . . . . . 19 .$ ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . A Public Garage None-Conforming in the "A" Residential - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agricultural District.The certificate is issued to .W i l l i ciry. 13.a.I�.ap. . . . . . . . . . . . . . . . . . . (owner,le_ssgQQr_fw&jtL_ of the aforesaid building. Suffolk County Department of Health Approval . . . . . R/.R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . .N!n . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . Building Inspector Rev. 1/81 ' - Ainutes toard of Appeals May. 29, :i958 - A regular meeting of the Southold Town' Board of Appeals_"wa:s ' . . - held at the Town Clerk's Office, Southold, New York, on Thursday , evening, May 29," at 7:30 P.M. There were present: Mr. R.W. Gillispie, Jr. ; Chairman, Mr'. Robert Bergen, Mr. Herbert Rosenberg and Mr. Charles Grigonis , Jr. Absent: Mr. Serge Doyen, Jr. Also presnet; Mr. Howard M. Terry, Building Inspector, PUBLIC HEARING: Appeal No. 63 - Application 'of C".arles M. King of Sunset Shores , East Marion, New York, for a special exceptiG: under the Zoning Ordinance to demolish present gasoline filling" station and erect a new -gas station on the s?me location. Applic-tion was read by the Chairman as well as the legal- notic, of public hearing and affidavit from the Long Island Traveler-Mattit- Watchman attesting to the publication of notice, and letter to 'l;app- licant advising date of public hearing. Chairman: Is there anyone .present who wishes to speak for this application? m Mr. King submitted a blueprint of the proposed gas station building for the Board's review. Discussion was held regarding distance from easterly line of property to east side of present buildingbuilding, a distance of approxim?tely 16 feet. A p possibility of acquiring fifty feet additional frontage on the East Z exists. Discussion was also _held on the. proposed location, setback, tank size and location, etc. - Chairman: Is there anyone present who wishes to speak against this application? No one spoke against the appeal. General conditions relative to -gasoline stations, stipulated in the Minutes of April 3, 1958, were----read and imposed. Discussion was held regarding relocating present sign and it was the decision of the Board that the sign must be moved, if necessary, to conform to five foot setback from all property lines , in accordance with the Zoning Ordinance . The estimated cost of the new building - 013 , 500.00. It was noted that a "B" Business district was applied for but that no action has yet been taken by the Town Board on this Matter. It was the Board 's decision that the easterly side of the new building should be looted at least 20 feet from present easterly property line of Charles M. King and that north side of proposed building be located at least 20 feet south of and parallel to lccation of present structure. Appeal was unanimously granted. Board reasoned that the new 9 station does not constitute an expansion of a non-conforming use and that it will in fact be smaller than the present station and may ��= be expected to enchance the character of the neighborhood. )WN OF SOUTHOLD, NEW YORK �f~ ACTION OF THE ZONI OF APPEALS' D�aTE..............�.....�r. NG BOARD LS � Juae 4 1 " Appeol 'No. 63, Dated 1�4, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To 'Charles Y. Ring Appellant Swat Eho t_ %rion,_tea_York At a meeting of the Zoning Board of Appeals on Bay z9. 1958 the appe i al was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance (x ) Requeot for a apecitll exception undor the Zoning Ordinance 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article.................... Section.................... Subsection............ paragraph.................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce undue hardship because I ' (b) The hardship created (is) (is not) ,unique and (would) (would not) be shored by all properties alike it the immediate vicinity of this property and in the some use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the.Building Inspector ( ) be confirmed ( ) be'reversed 3. SPECIAL EXCEPTICYJ By resolution of the Board it was dotern ned that the special exception to demolish proaent gasoline filling station and er©ot e Act, station, as per plans vutaitted, maller in total am tb*n p:-jeent atation he granted, sub eat to the following stipulations$ *Sae Over ZONING BOARD OF APPEALS Grace be Meyer Secretary form GB4 y'. 10 ,• Locations Easterly aid a of now building line to be at least 20 feet from present easterly property line of Charles U. xinge Horth side of now building' to be located at least 20 feet south of and parallel to northerly line of pro mt buildings 2. Protent sign mu*t be relocated to conform to five foot setback from all property lines, if present location is in violation of ,Ordinance as amended. 3, Ho' major repair work shall be performed in the open. 4e Pay , lubricating and other devious shzIl l be locar located of nny lanOt fif toon Ghwayp (15rfeet from the line of any t or property line. 5e All fuel or similar subotanose\*hall be stored at least fifteen (15) foot diatanae from any street or lot line- b. No sutomobilos, or autohobile partas dismantled or damagod vehicles and similar articles shall be stored in the opon and no parking of veltloles, other than those being serviced# shall be permitted. Hoard reasone that the trim station does cot conotitute &a expansion of a noa- cenforming Uwe aad that it will in foot be =aller than tho present atation and may be oxpootad to anhaaoe tha ahameter of the n0i9,bb0 e UV / A,, November ro 1989 (Today' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ROBERT AND ETHELLE SCHROEDER Location of Property: 4.380 Main Road, East Marion New York SCTM No. 1000/35/5/4 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of -the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) j ( ] May be located within 300 feet oftidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at' least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands.; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. . ( ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ X ] Is not located within 300 feet of tidal wetlands to `the best of my knowledge. * [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C. ] Sincerely yours, Robert Schroeder. ► ire + . r . J . I_rL�> � ron;ncntL, l (jual rty I�r victir �rct rcyirrrc, ; �U(;- ` mission of this rm , and an environmental view will be made by this boars before any action is tal,_ . '11ORT .FNVIP.O`;;•'.FT-1 AT. AS7);';i.`!�Fll-, yeF!4 (a) In crder to answer the questions in this short EAF is is anst:ned that tFjn preparer will use currently available infor-rzticn concerning the Fro;oct and thr likely impacts of the action. It is not expected that additior.al otudio^, rocearch or ether investigations will be undertaken. (b) If any question has been answered Yes tho project =y be aignilicant and a ccr-.pleted EnvircrLmental Asnessrent Form is neceSnary. (c) If all questions have been answered No it is likoly that this project 1.3 nr'. significant. (d) Envircr.r7:rnta1 Ansessr_ent I. Wi11 project result in a large physical change to the project site or physically alter more than 10 acres of land • • • • • • • • • • • . Yea X Ito 2. Will there be a major change to any unique or unusual land form found on tho site? Yes �(_ No 3. +Will project alter or have a large offect on an existing body Of water? • . • Yea X do 4. Wi11 project have a potentially largo impacts on groundwater quality? 2 9 • . . . • . • . . • . Yes X Iio 5. Will project significantly offect drainage flow on adjacent sites? . • o • . • . Yea X No 6. Will project affect any threatened or endangered plant or ani.:.11 species? • . . • . • . • o • • Yes X_ No 7. '+fill project result in a major adverse effect on air quality? . . . . . . . . . . . Yea X do 8. Will project have a major effoct on visual char— acter of the con:.unity or scenic views or vistas X known to be important to tha community? Yea Uo 9. Will project adversely impact any site or struct— ure of historic, pro—historic, or palbontologicul imp ortanca or any site dosigratod an a critical environmental area by a local agoncy? Yes X No 10. 'dill project have a rajor effoct on existing or future recreational opporturiitios4 Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportaticn systerr.3? o o Yes X NO 12. Will project regularly cause objectionable odors, n013o, glare, vibration, or electrical disturb-- X ance an a result of the project'!; operation? . Yes NO 1). Will project have any impact on public health or Safety'' •' • . . . • • . o • . • Yes X 1;0 14. Will project effect the existing community by dirrr.tly caunin4 a growth in permanent popu1a— t1cn of morn than 5 percent over a one—year period cr have a major n^r,:jtive. effect on Lne• character of the community :r r.eightorhood? . Yes X No 15. Io there public contrivers' cc_ crrnln►r, the; pro c:: X Yes No �'RFi'AiiE:..' i:rNAT lii E. �� TIT.LE'• OWNER "=rP F ROBERT SCHROEDER DATE; 8 vi��ra F i LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O.BOX 1424 MATTITLICK,LONG ISLAND 'n WILLIAM WICKHAM ll' MORTGAGE OFFICE ERIC J.-BRESSLER- NEW YORK 11952 300 ABIGAIL A.WICKHAM 5X NO.5- -298 516-298-8353 TELEFAX NO.516-298-2012 DANIELC.ROSS KAREN J.HAGEN TELEFAX NO.516-298-8565 HUBERT F.SULLIVAN December 5, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Attention: Mr. Gerard Goehringer, Chairman Re: In the Matter of the Appeal of Robert and Ethelle Schroeder SCTM• 1000L035/5/4 Dear Mr. Goehringer: Enclosed is the executed Questionnaire with respect to the above referenced matter which was inadvertently left out of the November 16, 1989 correspondence. Very truly yours, Dan� �� � C. Ross/ DCR:vm Encl. QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED VTH YOUR APPLICATION FO-1ZMS TO THE BOARD OF APPEALS 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 No 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 N b)Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios , foundations , etc? Yes No 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . . . . . . . . ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes - Town Board Yes o Town Trustees Yes CN03 County Health Department Yes No Village of Greenport Yes o N.Y.S.D.E.C. Yes Id Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes To 12. If new construction is proposed in an area within 75 reet 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? Yes 13. Please list present use or operations conducted upon the subject property at this time Gas Station and proposed to continue to use the property as it has been used since prior to 1957 Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property Owner) (Authorized Agent) 1/88 ) U i G r. WETLANDS [Amended 8-26-76 by L.L. No. 2-1976: 3-2G- - 85 by L.L.No.6-19851: A. TIDAL WETLANDS: j (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh • subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordt;rass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All and immediately adjacent t'o a-tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and • (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 � _ x•za•Hs ' i f COUNTY OF SUFFOLK) ) SS: STATE OF NEW YORK) THOMAS B. CAULFIELD, a Title Examiner, being duly sworn deposes and says: THAT he has had a search made of the records of the County Clerk's Office of Suffolk County for the following described property: ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Southerly line of North (Main) Road at the Northwesterly corner of the premises described, being the Northeasterly corner of land of Apodiacos and Tartaros; said point being also distant 402,,90 feet Easterly, as measured along the Southerly side of North (Main) Road from the corner formed by the intersection of the Easterly side of Wiggins Lane with the Southerly side of North (Main) Road; RUNNING THENCE along said Southerly line of Main Road, two courses: (1) North 66 degrees 01 minutes 20 seconds East, 66.95 feet; (2) North 66 degrees 39 minutes 50 seconds East, 50 feet to land of Dawn Estates Shopping Center Corp.; RUNNING THENCE along said land, two courses: (1) South 21 degrees 04 minutes East,150 feet; (2) South 66 degrees 39 minutes 50 seconds West, 50 feet to said land of Apodiacos and Tartaros; THENCE along said land two courses: (1) South 66 degrees 01 minutes 20 seconds West 59.33 feet; thence (2) North 23 degrees 58 minutes 40 seconds West, 149.81 feet to the point or place of BEGINNING. ALSO being known and designated on the Suffolk County Real Property Tax Agency Map as: DISTRICT: 1000 SECTION: 035 BLOCK: 05 LOT: 004 SAID search completed on the 12th day of November, 1988 shows the following chains of title since 1957. BY THOMAS B. CAULFIELD SWORN TO BEFORE ME THIS DAY OF -988. BY MA ARETTUM1LOWICZ Notary Public, State of New York No.4862403 Qualified in Suffolk County V, Commission Expires June 23, 1 LIABILITY IS LIMITED TO THE AMOUNT OF FEES PAID. J'. CHAIN OF TITLE 1. Mildred Cowley DEED: to Dated: 10/1/46 Charles M. King Rec'd: 10/3/46 Liber 2630 cp 189 (Westerly part of premises) 2. Maple Lane Farm, Inc. DEED: to Dated: 2/1/55 Cleaves Point Corp. Rec'd: 10/6/55 Liber 3989 cp 106 (Easterly part of premises) 3. Cleaves Point Corp. DEED: to Dated: 10/11/58 Charles M. King Rec'd: 2/2/59 Liber 4581 cp 424 (Easterly part of premises) 4. Charles M. King DEED: to Dated: 8/4/77 Donald L. Ethier Rec'd: 8/17/77 Liber 8290 cp 18 (All of premises) 5. Donald L.Ethier DEED: to Dated: 1/10/79 W. Perry Hukill Rec'd: 1/11/79 Liber 8565 cp 378 6. W. Perry Hukill DEED: to Dated: 3/6/79 Likuh Realty,Inc. Rec'd: 3/14/79 Liber 8595 cp 383 7. Likuh Realty,Inc. DEED: to Dated: 2/11/81 William Ballan Rec'd: 2/17/81 Liber 8960 cp 588 8. William Ballan DEED: to Dated: 7/20/81 Robert Schroeder Rec'd: 8/6/81 Ethel Schroeder Liber 9048 cp 38 LAST OWNERS OF RECORD. BY THOMAS B. CAULFIELD Sworn to be re me this fiday of Li1988. BY MARGARET TUMILOWICZ Rotary Public,State of New fork No.4062403 Qualified in Suffoll<County C� Commission Expires June 23, 19y 1 'I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD -----------------------------------------X In the Matter of an Appeal by ROBERT SCHROEDER and ETHELLE SCHROEDER AFFIDAVIT of the October 5, 1988 Order to Remedy Violation of the Building Department of the Town of Southold. -----------------------------------------X STATE OF NEW YORK) .ss: COUNTY OF SUFFOLK) ALBERT M. DINIZIO, beinrgq-duly sworn, deposes and says: Wz 1. I reside at-* * Sunset Lane, Greenport, Town of Southold, and I make this affidavit at the request of Robert Schroeder. I understand there is a question regarding the use of a certain piece of real property known as 4380 Main Road, East Marion and that the Town of Southold has asserted the present owners, Robert .Schroeder and Ethelle Schroeder, should not be allowed to park vehicles upon the property. I have been told that the Town claims the parking or storing of vehicles on the property is a change of use with respect to the property. The parking of vehicles on the premises is not a change of use. I base this statement and the facts set forth herein on personal knowledge. V956 2. From ar9ZR to 1969, I operated the gas station at the property. During this period it was my understanding that the property was owned by the late Charles King. I had a sublease from Long Island Ice and Fuel which was a Shell :"distributor that leased the premises from Charles King. Prior to my operation of the gas station it was operated by George Arnold, i c_. r and after me Richard Pilles operated the station. Continuously during the period that I operated the gas station there were vehicles, trucks and equipment kept on the premises. Some of the vehicles were being repaired and some were just stored on the property. There were light trucks, power trucks, and equipment kept continuously on the premises during the time period I operated the gas station. During the time that I operated the gas station at the premises I fixed cars, trucks and equipment and stored them outside at the premises. I also rented space for the storage of trucks on the premises. The Town never objected or contacted me with respect to the outside storage of the cars, trucks and equipment. 3 . I have resided in Greenport since I operated the gas station and have observed vehicles, trucks, and equipment on the premises since that time except for recently and as I understand it, the Town has required Bob Schroeder to remove the vehicles. ALBERT M. DINIzzb 4,7 Sworn to before me this 3 day of wwvw , 1989. Notary Pub r' Notwy PuNo 1876 of Now YWk GUWIfWd in Suffolk Coul Commission Expires Do&22. 9 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD -----------------------------------------X In the Matter of an Appeal by ROBERT SCHROEDER and ETHELLE SCHROEDER AFFIDAVIT of the October 5, 1988 Order to Remedy Violation of the Building Department of the Town of Southold. -----------------------------------------X STATE OF NEW YORK) ) .ss: COUNTY OF SUFFOLK) RICHARD PILLES, being duly sworn, deposes and says: 1. I reside in the Town of Southold, and I make this affidavit at the request of Robert Schroeder. I understand there is a question regarding the use of a certain piece of real property known as 4380 Main Road, East Marion and that the Town of Southold has asserted the present owners, Robert Schroeder and Ethelle Schroeder, should not be allowed to park vehicles upon the property. I have been told that the Town claims the parking or storing of vehicles on the property is a change of use with respect to the property. The parking of vehicles on the premises is not a change of use. I base this statement and the facts set forth herein on personal knowledge. 2. From 1967 to 1970, I operated the gas station at the property. Prior to 1967, the gas station was operated by Albert M. Dinizio. Subsequent to my operating the gas station, it was operated by Lew Raymond. During the time period I operated the gas station it was my understanding that the property was owned by the late Charles King. I had a sub lease from Long Island Ice and Fuel which was a Shell distributor that leased the premises from Charles King. Continuously during that time period I fixed and stored all types of equipment including cars, trucks and tractors all of which were kept outside on the premises. The Town never objected or contacted me with respect to my use of the premises. 3 . Since operating the gas station at the premises, I have lived in the area, and have observed automobiles, trucks and equipment on the premises except for recently and as I understand it the Town has required Bob Schroeder to remove the vehicles. 7z4j -P-4A RICHARD PILLES Savor o efore th'. ay of 89. o Public ONING BOARD OF APPEALS OWN OF SOUTHOLD ----------------------------------------X n the Matter of an Appeal by OBERT SCHROEDER and ETHELLE SCHROEDER AFFIDAVIT f the October 5, 1988 Order to Remedy iolation of the Building Department of he Town of Southold. ----------------------------------------X STATE OF NEW YORK) ) .ss: COUNTY OF SUFFOLK) LEW RAYMOND, being-.duly sworn, deposes and says: 1. I reside at Rocky Point Road, East Marion, in the Town of Southold, and I make this affidavit at the request of Robert Schroeder. I understand there is a question regarding the se of a certain piece of real property known as 4380 Main Road, East Marion and that the Town of Southold has asserted the resent owners, Robert Schroeder and Ethelle Schroeder, should of be allowed to park vehicles upon the property. I have been old that the Town claims the parking or storing of vehicles on he property is a change of use with respect to the property. The parking of vehicles on the premises is not a change of use. base this statement and the facts set forth herein on personal nowledge. late 2. From 1971 to /1972', I operated the gas station at he property. Prior to 1971, the gas station was operated by ichard Pilles. Subsequent to my operating the gas station, it as operated by Don Ethier. During the time period I operated he gas station under a sublease from Shell which I understand eased the property from the late Charles King. Continuously during that time period I fixed and stored all types of equipment including cars, trucks and tractors most of which were kept outside on the premises and were repaired outside on the premises. I rented space to S & S Fuel Co. and to Baker Fuel Co. for the outside storage of their fuel trucks. The Town never objected or contacted us with respect to our use of the premises. 3 . Since operating the gas station at the premises, I have lived in the area, and have observed automobiles, trucks and equipment on the premises except for recently and as I understand it the Town has required Bob Schroeder to remove the vehicles. d - J LEW RAYM99D Swor to b ore me this da of , 198q o a ub1ic OAMEl.0 A�d ii�Moa�i atAAi ZONING BOARD OF APPEALS TOWN OF SOUTHOLD -----------------------------------------X In the Matter of an Appeal by ROBERT SCHROEDER and ETHELLE SCHROEDER AFFIDAVIT of the October 5, 1988 Order to Remedy Violation of the Building Department of the Town of Southold. -----------------------------------------X STATE OF NEW YORK) ) .ss: COUNTY OF SUFFOLK) DONALD ETHIER, being duly sworn, deposes and says: 1. I reside at 316 Front Street, Greenport, in the Town of Southold, and I make this affidavit at the request of Robert Schroeder. I understand there is a question regarding the use of a certain piece of real property known as 4380 Main Road, East Marion and that the Town of Southold has asserted the present owners, Robert Schroeder and Ethelle Schroeder, should not be allowed to park vehicles upon the property. I have been told that the Town claims the parking or storing of vehicles on the property is a change of use with respect to the property. The parking of vehicles on the premises is not a change of use. I base this statement and the facts set forth herein on personal knowledge. 2 . From 1973 to 1979, I operated the gas station at the property. After my operating the gas station, it was operated by John Diaz and my son. From 1973 to 1977 I operated the gas station which was owned at that time by the late Charles King. I bought the property from Charles M. King . in 1977 and continued to operate the gas station until 1979 . In 1979 I conveyed the property to W. Perry Hukill. During the time period I operated the gas station I continuously fixed and stored all types of equipment including cars, trucks and tractors and kept them outside on the premises. I repaired engines outside on the premises. I rented space for the parking of vehicles. The Town never objected or contacted us with respect to our use of the premises. 3. Since operating the gas station at the premises, I have lived in the area, and have observed automobiles, trucks and equipment on the premises except for recently and as I understand it the Town has required Bob Schroeder to remove the vehicles. DONALD ETHIER Sworn before a this day of 1989. Pu is C.PASSwYorl� NdW► W0,190717