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HomeMy WebLinkAbout3614 TOWN OF SOUTHOLD, NEW YORK / APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3o� DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. J 1, (We). ..���1t . .11!lG.l7f.s1Gh(.C 'f...Y....of ........a ... R :P.,r...��ti?.f:........ Name of Appellant Street and Number ........................................... ...... ... ...........HEREBY APPEAL TO / Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON e'e/1W.'1V L 0-01rmpi-4110- ��ITE� November as/�i�� "oe/ire/IVAZ_ MMays APPLICATION FOR PERMIT NO. ..........................�........ DATED ......, .ua.ucz ....`� ,.../..`I�'7........ i(/OT%F/L/7 WHEREBY THE BUILDING INSPECTOR DENIED- TO Ache? ... ... J... e6?.Y .'............ Name of Applicant for permit of .. t ....�.......................... /.. .................................................. Street and Number Municipality Stote ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ✓) Pi o/a h ao °f �/Qir, mac% 0 v e a S 1. LOCATION OF THE PROPERTY ...............Q...........(.�.....�.......: ......../�..��.R�5.[��!?��...�.-,�.r�� Street Use District on Zoning Map .............................................:.Current Owner e-t-fhc/ Seh roe e,- Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)' /OCR — 1 144 A CQ , [a) o nc� (3) 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 W b�j Z X3 PU rs v a nt -fio M-- 1,2 I � �,L d �!��7) 4. PREVIOUS APPEAL A previous appeal as (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 rra variance and was made in Appeal No. ......6 � .Dated ��(. ag.J..�.1�8 ..................... ............... .... ............................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (,() {fie 4erm'ir�a ho n by Zor,�nc� �Joa rct of �Q� is requested for the reason that e, ey dcd ��bruar� ,�, l 187 Form zsi (Continue on other side) REASON FOR APPEAL j Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because 19?7 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss ... ... ......... ::� ... ............... COUNTY OF ) Signerfure Swornto this ..... ............................. day 'of...... .......................... 19 d 7 V r .............................. . ............................................. otory Public .MARY DiN State FOSTER w York NDp1oR524 g55242, Suffolk County commission -xPlres March 30, 19 0 `,f C�,�L •a�a� �inu.� ATTORNEYS AT LAW MAIN ROAD SOUTHOLD.NEWYORK 1 1971 LEFFERTS P. EDSON (5 16)765-1 222 RUDOLPH H. BRUER IS16)765-2500 February 9 , 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert Schroeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121,. Robert Schroeder and Ethel Schroeder request the following action by the Southold Town Zoning Board of Appeals : (1 ) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9 , 1987 , an appeal is made of the interpretation by the Southold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining . a Certificate of Occupancy.. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants ' premises without obtaining a Certificate of Occupancy, (2) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Southold town Law Sec. 100-13 by reason of Building Inspector 's interpretation of building zone ordinance as set forth in paragraph (1) above. (•3) That Zoning Board of Appeals determine whether Appellants ' use of a Public Garage falls within the definition of Public Garage in Southold Town Law Sec. 100713 . Sincerely, Patricia C. Moore, Esq. PCM/df , Enc. S`I �Y3 ;.w gp:,, 734-5100 �� AREA CODE 516 Ol * /�LemGet-4 .Y. Am4, -Fd&.6m 9267S r 3 4-fq March 61 1987 Town of Southold Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Attn: Mrs. Linda Kowalski Re: Application of Robert and Ethel Schroeder; premises: Route #25, E.Marion, NY Dear Mrs. Kowalski: Relative to the above captioned matter, which is presently pending before the Zoning Board of Appeals, I respectfully request that I be advised, at my office address above indicated, of any date or dates scheduled for public hearing before your Board concerning this application. Thank you for your courtesies in this matter. Very truly yours, C""'� CRvN ES r ichard J. on RJC:e _ oo��FFo��oG uthold Town Board of Appea Sols MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS February 20 , 1987 JOSEPH H. SAWICKI Patricia C. Moore , Esq . Edson and Bruer Main Road Southold , NY 11971 Re : Application No . 3614 - Robert and Ethel Schroeder Dear Pat : In response to your recent request , please let this help to clarify item (b) of our February llth letter to you. Please furnish , either by survey or affidavit , any and all uses and activities being conducted 'upon the premises . If more than one use is being conducted , please depict the areas of the uses and , if possible , the square footage of the land occupied by such use . (For example , storage of equipment area , vehicle-repair area , office area , gasoline service area , parking of employee vehicles , parking of customer vehicles , utility rooms , etc . ) Yours very truly GERARD P . GOEHRINGER CHAIRMAN lk ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEW YORK 1 1 971 LEFFERTS P. E050N (J\ (516)765-1222 RUDOLPH H. BRUER February .13, 1987 (5,6,765-2500 Gerard P. Goehringer , Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3614 Schroeder Dear Mr . Goehringer : I have received your correspondence of February 11, 1987 , and intend to provide you with all the information that you have requested . Roderick Van Tuyl, P.C. , Surveyors and Engineers have been contacted and will prepare a survey showing " ( a) existing buildings" and " (c) present egress, ingress , parking of customer vehicles, parking of employee and other vehicles , storage area etc. " As to Item " (b) all uses being conducted upon the premises ( inside and out) " , I will need clarification of the above, particularly as to how the uses inside the building can be shown on a survey. Item (b) seems an unusual request, and your explanation will assist me in properly directing the surveyor to provide exactly what you want. Sincerely, Cae-e- Patricia C. Moore, Esq . PCM/df Enc. FFo ur�oG o � Southold Town Board of Appeals Oy�01 ��Ot MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ROBERT J. DOUGLASS February 1 1 , 1987 JOSEPH H. SAWICKI Patricia C. Moore , Esq. Edson and Bruer Main Road . Southold , NY 11971 Re : Appeal No . 3614 - Robert and Ethel Schroeder ( Interpretations ) Dear Pat : This letter will confirm our conversation yesterday that you will be furnishing our office with four prints of a survey of the premises in question in the above matter . Please be sure to have shown .on the survey the following information : (a ) existing buildings ; (b ) . all uses being conducted upon the premises [ inside and outside] ; (c ) present egress , ingress, parking of customer vehicles , parking of employee .and other vehicles , storage areas , etc . Yours very truly , GERARD P.. GOEHRINGER CHAIRMAN By Linda Kowalski 1 / d1l § 100-121 ZONING § 100-121 A..Appeals. To hear and decide appeals from and review any _ order, requirement, decision or determination made by the Building Inspector. -- - B. .Variances. Where there are practical difficulties or un- necessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such _.. regulations so that the spirit of the cha ter shall be ob- served, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located, subject, however, to the —— following: - (1) Before such approval shall be given, the Board of 1 Appeals shall determine: . (a) That the use will not prevent the orderly,and reasonable use of adjacent properties or, of properties in adjacent use districts. l (b), That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established . uses in adjacent use districts. (c) That the safety, the health, the welfare, the ! / r comfort, the convenience or the order of the town l.\^ will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. (2) In making such determination, the Board of Appeals � shall also give consideration, among other things, to:. , i 10055 4-25-83 ;i/A / § 100-121 SOUTHOLD CODE § 100-121� (a) The character of the existing and probable _I development of uses in the district'. and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values' and the _ encouragement of the most appropriate uses of ,- land. (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways. (d) The availability of adequate and proper public or private water supply and facilities for the treatment,removal or discharge of sewage,'refuse or other effluent (whether liquid, solid, gaseous or otherwise)that maybe caused or created by or as a result of the use. j (e) Whether the use or the materials incidental thereto or produced thereby may give' off ob- noxious gases, odors, smoke or soot. (f) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or i noise. (g) Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the-public of parking or of recrea- tional facilities. if existing or if proposed by the town or by other competent governmental agencies. (h) The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles in- cidental to the use, and whether such space is _ reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. i 10056 4-28-83 f § 100-121 ZONING § 100 122 (i)' Whether a hazard to life,limb or property because of fire, flood, erosion or panic may be created by - reason of or as .a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and _ other emergency apparatus, or by the undue concentration or assemblage of persons upon such - plot. [Amended 7-31-731 (j) Whether the use or the structures to be used therefor will cause an overcrowding of land 'or undue concentration of population. (k) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. (1) Whether the use to be operated is unreasonably near to a church, school, theater, recreational area - ,P,.- or other place of public assembly. D. [Added 2-1-83 by L.L. No. 2-19831 Interpretations. On appeal from an order, decision or determination of an administrative officer, or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. - �~ (2) Determine the exact location of any district boundary shown on the Building Zone Map. / ri § 100-122. Additional conditions and safeguards. e In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. (Cont'd on page 10057) • 10056.1 4-25-83 § 100-143 ZONING § 100-144 § 100-143. Stop orders. [Amended 6-26-76 by L.L. No. 3-19761 Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted �- in violation of the provisions of the applicable law, ordinances or regulations, or not in conformity with the provisions of an ap- plication, plans or specifications on the basis of which a building permit was issued,or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under , which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail." --- C § 100-144. Certificates of occupancy. --__=A. A certificate of occupancy shall be applied for from the _ = Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy is issued therefor: (1) ,Occupancy and use of a building erected, recon- structed, restored, structurally altered or moved, or — any change in use of an existing building. (2) Occupancy, use or any change in the use of any land. - (3) Any change in use of a nonconforming use. Br'No certificate of occupancy shall be issued for the use of a building or lands requiring a special exception or special permit by the Board of Appeals, or for any land or use requiring a site plan approval by the Planning Board, unless and until such special exception or special permit % use or site plan approval has been duly granted. Every r certificate of occupancy for which a special exception, special permit or site plan approval has been granted, or in 10071 4-25-83 i § 100-144 SOUTHOLD CODE § 100-144 connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any - -- -- i condition to which the same is subject. [Amended 7-31-73] 1 PP C. Application for a certificate of occupancy for a new �- building or for an existing building which has been altered shall be made after the erection of such building or part `~-- thereof has been completed in conformity with the - provisions of this chapter, and, in the case of a new building, shall be accompanied by an accurate plot plan, or if not available, by a, survey prepared by a licensed land surveyor or engineer, showing the location of the building as' built. Such certificate shall bel issued within ten (10) days after receipt of the properly completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. D. If the proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten (10) days after receipt of a properly completed application. If a certificate of oc- cupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. Every application for a certificate of occupancy or a _ temporary certificate of occupancy shall be accompanied by a fee of five dollars ($5.). Copies of such certificate will be issued upon payment of one dollar($1.) per copy. jF. A certificate of occupancy shall be deemed to authorize and i is required for both initial occupancy and use of the building or land to which it applies. G. Upon written request and upon payment of a fee of fifteen ; dollars ($15.), the Building Inspector shall, after in- spection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or not the I - 10072 4.25-83 I i I r?-40 R 0 .a R 80 /^L EAST ION a B M I.tN ti R-80 { � a RR W Q Marion 40 M _ + R-40J RR Lake OF _ SOUTHOLD_ ,rower •r ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 11971 LEFFERTS P. EDSON �C / (516)765-1222 RUDOLPH H. BRUER February 13 , 1987 (5 1 6)765-2 Soo Gerard P . Goehringer , Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3614 Schroeder Dear Mr . Goehringer : I have received your correspondence of February 11 , 1987 , and intend to provide you with all the information that you have requested. Roderick Van Tuyl , P.C . , Surveyors and Engineers have been contacted and will prepare a survey showing " (a) existing buildings" and " ( c) present egress , ingress , parking of customer vehicles, parking of employee and other vehicles , storage area etc. " As to Item " (b) all uses being conducted upon the premises ( inside and out) " , I will need clarification of the above, particularly as to how the uses inside the building can be shown on a survey. Item (b) seems an unusual request, and your explanation will assist me in properly directing the surveyor to provide exactly what you want. Sincerely, Patricia C . Moore, Esq . PCM/df Enc. o y Southold Town. Board of Appeals F MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS Fe p r U a ry 11 , 1981 JOSEPH H. SAWICKI Patricia C. Moore , Esq . Edson and Bruer Main Road Southold , NY .11971 . Re : Appeal No . 3614 - Robert and Ethel Schroeder ( Interpretations ) Dear Pat : : This letter will confirm our conversation yesterday that, you will be furnishing our office with four prints of a survey of the-.premises in question i_n the above matter . Please be sure to have shown on the survey the following information : (a ) existinlg buildings ; (b ) all uses being conducted upon the premises [ inside and outside] ; . .(c ) present egress , ingress , parking of customer vehicles , parking of employee .and other vehicles , storage areas , etc . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski C=3 Ln outhold Town. Board off ea Sls MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS Fe P r u a ry 11 , 1987 JOSEPH H. SAWICKI Patr.icia C. Moore , Esq . Edson and Bruer Main Road Southold , NY 11971 Re : Appeal No . 3614 - Robert and Ethel Schroeder ( Interpretations ) Dear Pat : This letter will confirm our conversation yesterday that you will be furnishing our office with four prints of a survey of the premises in question in the above matter. Please be sure to have shown on the survey the following information : (a ) existing buildings ; (b ) all uses being conducted upon the premises [ inside and outside] ; (c ) ' present egress , ingress , parking of customer vehicles , parking of employee .and other vehicles , storage areas , etc . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski r' o��FFo��o s ' Town Hall,53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. #3614, appeal of Robert 8 Ethel Schroeder to the Southold Town Zoning Board of Appeals to appeal the interpretation of the Southold Town Building Inspector regarding a criminal summons that was issued by the Building Inspector on January 9, 1987. Letter of appeal and copy of information are attached. . ry Southold Town Clerk RECEIVED � - Town Clerk %uttjjF ATTORNEYS AT LAW MAIN ROAD L� �/� ( '� �•/ �el+� SOUTHOLD,NEWYORK 11971 U Y LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. BRUER (51 6)765-2500 February 9 , 1987 e Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert Schroeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121, Robert Schroeder and Ethel Schroeder request the following action by the Southold Town Zoning Board of Appeals : (1 ) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9 , 1987, an appeal is made of the interpretation by the Southold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining a Certificate of Occupancy. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants ' premises without obtaining a Certificate of Occupancy. ( 2 ) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Southold town Law Sec. 100-13 by reason of Building . Inspector 's interpretation of building zone ordinance as set forth in paragraph (1 ) above . (•3 ) That Zoning Board of Appeals determine whether Appellants ' use of a Public Garage falls within the definition of Public Garage in Southold Town Law Sec. 100-13 . Sincerely, Patricia C. Moore, Esq. PCM/df Enc. »o ^ . . ^ {xxwNxiSUMM0N8 � 0/�147/7) . ' ' C.P.L. 1»�m FORM NO. |oa _-------___'-__' _--_---____---'__---____--__ ----' -__-_- | | STATE OF NEW YORK COUNTY OF SU]/FO[K ' __-_- 3OuOl|rDjD_-_ � . ` --- ----------- i -be jqrvV|r of t&C EIIUIC of New VorL . o3oi«s/ Dvunddm' / | ----' ) To: Name ( Rte . 25 � Street Address East Marion , New York 11939 � City/State ` ' YOU ARE HEREBY NOTIFDED that an Accusatory instrument huo6eonQxJ {nthisCovrtcharginSyuu. osur)efenJaot. | with the offense o/ Violation Town Code ( Information Attached) � ' } / � \ in violation ofSection )Subdivision_- -__- / ( of the Law o/ the State mJy�ewYork ' Southold Invvo Justice | - / YOU ARE THEREFORE DIRECTED to appear personally before this Court at / | � in the Town ` / ! N.Y. on Friday .the day | of .19 _ l2' .at 9 ^ 30 M in the fore —noon for arraignment upon the Accusatory instrument above mentioned. - | � UPON YOUR FAILURE TO APPEAR AS ABOVE DIRECTED A WARRANT ' MAY BE ISSUED FOR YOUR ARREST � / | � ` D../,� a�� - --- _--__-��_-__ _ _ .Ny. / November 20 ' , - | ,�i -Juu«x ' K .l . TFD[';Cl|] , 5OUT|k)[17) \ JU'ITI [}� sy mvex in^m�� '.�"v.v,^. uo�"."n^" "/v A ^" 4 � STICE COURT OF TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK - - - - - - - - - - - - - - - - - -X THE PEOPLE OF THE STATE OF NEW YORK , I against INFORMATION ROBERT SCHROEDER and ETHEL SCHROEDER, . Docket No. Defendants . - - - - - - - - - - - - - - - - - - -X ACCUSATION BE IT KNOWN THAT by this Information , CURTIS W. HORTON, a Building Inspector of the Town of Southold as Complainant herein , accuses ROBERT SCHROEDER and ETHEL SCHROEDER, the above named defendants residing at 2190 Stars Road, East Marion , New York 11939, with violations of: Count #1: Section 100-144 A ( 1) of the Code of the Town of Southold (changing the use of an. existing building without obtaining a Certificate of Occupancy) . Count #2: Section 100-144 A ( 2) of the Code of the Town of Southold (changing the use of --1awd-wf'th,out ­obtaitVftg a Certificate of Occupancy) . Count #4: Section 100-141 4 A ( 3) of the Code of the Town of Southold (changing the use of a non-conforming use of a gasoline filling station on defendants ' premises without obtaining a Certificate of Occupancy) . FACTS I On or about July 16 , 1986 , Curtis W. Horton , as Buildinq Inspector of the Town of Southold inspected the premises owned bJ defendants , ROBERT SCHROEDER and ETHEL SCHROEDER , located on the I southerly side of North (Main ) Road (State Route 25 ) , East I Marion , Town of Southold , New York (Suffolk County Tax Map i 4 Designation : District 1000 , Section 035 . 00 , Block 05. 00 , I.ot 004 . 000 ) which is located in an "A" Residential and Agricultural District under the Southold Town Zoning Code . During tho course I of inspection , Curtis W. Horton found defendants had changed the ' use of the existing building on the premises ; changed the use of j these premises ; and changed the use of a non-conforming use, from a previously approved gasoline service station granted as a Special Exception by the Southold Town Zoning Board of Appeals on June 14, 1958 , to a storage area for heavy industrial equip- ment and materials , without obtaining a Certificate of Occupancy from the Building Inspector of the Town of Southold, all contrary to the provisions of the Code of the Town of Southold in such case made and provided . �i The above allegations of fact are made by the Complainant ..I herein on direct knowledge and upon information and belief with the sources of the Complainant 's information and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays a criminal summons be issued directing the defendants , ROBERT SCHROEDER and ETHEL SCHROEDER, to appear before this Court . Curt:i.s l4. Iiorton , �,cmA�li��ant Buildi.nq Inspector i Swo . to before me this SC1 day of No"tuber , 1986 Town Justice ------ -- - j Town of Sou>_hoid Suffolk County , New York I . matte by ;this bc, 4 before any action is ta - -1, C` //o/ SHORT ENVIROMME11TAL A55Fri!:MF!1 YOP!4 INSTAI'CTIUSs (a) In order to answer the questions in this short EAF is is assr:ned that the prero.rer will. use currently available infor raticn concerning the project and :hA I :kely L.pae.ts of the action*- It is not expected that additior.al studio-, roeoarch or cther, Investigations will be undertaken, (b) If, any question has been answered Yea thn project easy be significant and a ee-a;eted Envlrcilmental Assessmunt Form is nece:;Zar•/. (e) If all questions have been answered No 1 , is likely that this project is • nr- significant. (d) Environmental Assessment 1. Will project result .in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . • Yea ✓ tin 2. Will there be a major change to any unique or unusual land form found on the site? Yea ✓No 3• WU 1 project alter or have a large effect on ✓ an existing body of water? Yes No . b. Will project hivo a potentially largo impact, oil groundwater quality? • • Y03 ✓ No 5. Will project significantly affect drainage flow on adjacent .aitcs? Yus ✓ ,yo 6• •dill project affect any threatened or endangcrod plant or anir..;l species? • • • • • • • • • • • Y03 ✓ No 7• will project result in a major advorsu effect on air quality' . . ._ . Yc, ✓ No g. Will project have a rajor effect on visual char- acter of the co:n"nunity or scenic views or vistas known to be important to•tho corinunityT Yea �✓►;o 9• Will project adversely impact any alto or struct- ure of historic, pro-historic, or paloontologicul I importance or any site daaignatod as a critical environmental area by a local agoncy? Yes No 10. Will project have a major effect on existing or future recreational opportunitios? • . Yes ✓ 110 lie Will -project result in major traffic problems or cause n major effect to existing transportation SYStert:9? • • • • • • • • • • • • yes ✓ !!0 12. Will project regularly cause objectionable odor., noise, glare, vibration, or electrical disturb- / once a, a result of the project'3 operation? Ycs ✓ !;o 13. Will 'project have any impact on public health orgy . safety" • • • • • • • • • • • • . '�— Yes ✓ ��0 lb• Wi:l project affect the existing community by directly causin4 a growth in pornnnent poptua- t:cn of rare than 5 percent over, a ono-yoar period or have a major nep,ari.ve effect on r-ne character of the cor.nunity ;r nel4hborhood? . Yea t:o 1S. Is there publi cenr.r:ver.sy concerning the project, Yr5 Z!70 TITLE: DA T r. Y made by this ba 'A before , any action i.s to I . S14ORT ENVIP.OMMEI(TA[. ASSt"!J.^,uF.'!; PCPM INSTAICTM_ Sr (a) In crdar to answer the questions in this short EAF is is assimed that the prar4rer will use currently available infor-aticn concorning the project and the likely i:pdc.ts of the actions- It is not axpected that additior.al studio.:, roeearch or other ..Investigations will be undertaken• (D) If. any question has been answored Yes tho project may be significant and a cc:npleted Envircamental Assessment Form is necevzar•/. (e) If all questions have been answered No it is likely that this project is nc, significant• (d) Environmental Assessment to WL11 project result in a large physical chanoa to the project site or physically alter more / than 10 acres of land? . . . . . . . Ye, Imo • 2• Will there be a major change to any unique or unusual land form found on the site? . Yos ✓No 3• Will project alter or have a large effoct on an existing body of water? . . . . • Yes ✓ No t•. Will project have a potontially largo L%pact• on groundwater quality? • . . . . . . . . . Yos V", Ire 5• Will project significantly effect drainage flow on adjacent sites? . . • • • • . Yus ✓ •yo 6• Will project affect any threatened or endangerod plant or anir.il species? • Yes ✓ No 79 Will project result in a major advorsu effect on / air quality? . • . • • . Yc, V No 8• WM project have a cijor effect on visual char- acter of the community or scenic views or vistas known to be irsoortant to'the community? . . Yes ✓,t'o 9• Will project adversely impact any site or struct - ure of historic, pro-hiscoric, or palbontologicul I i portanco or any site dosigratod as i critical environmental area by a local agency? Yes No 10• Will project have a rea jor a ffoct on existing or future recreational opportunitios? • . • Yes ✓ ?!o 11. Will •projeet result in major traffic problems or cause a major effect to existing transportation systerS9 • • • • • • • • • • . • Yes ✓ !r0 12. 'Mill project regularly cause objectionable odor:, noise, glare, vibration, or electrical disturb- / once an a result of the project'u operation? Ycs ✓ !;o 13. Will 'project have any impact on public health ori . safety*,' Yes NO 1L• 'Win project affect the existing community by directly caucin4 a growth in pornnnent popiLla Lien of morn than 5 percent over a one-yosr period er have a :::a for n,�rative effect an t:e / character of the cor:nuni:.y ;r r,!14htorhood' . Yc.1 ✓. No 15• Is there publi centsavers? ,Concern ing the proje= Y�� .�`70 • r'RrFA;if:�'; S:��;aTCiiS: TITLE: � U/lGrf 4i:ire a �� --- I (Tc;d;:y 3 Datc) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Anolication of /shed So�ira� Location of Property, %1�00 --• 3 5 — 5-- - Dear Sirs: In reference to the: Now York State Tidal tletlanc:.; Band-us Rcqulations, 6 NyCaR, Part 6G1, and Article 25 of the t1c:r York Statc• Enviromantal Conservation Law, please be advised tllut t: Subject property in the within appeal applica,io:i : (pl►asu— chi_C` Une boa) t • Afr I ) MI./ be located Within 300 feet of tidal wr_:tl.ar.cl ; hm-lover, con.t_•ucted along the water-lyinch eda,-2 of this property ir; a bulkhaad in very good condition and at leas l0U ;.eet- in ;length. + I ) r1ay. be "located within 300 Feet, of tidal wetlands however, construct:cd along the water-lyi edge i of this pro•pe+-ty is a bul;:hcad in need o= r 11 (major) repairs , and appro::i.�lately feet in length. . May be located within 300 feet of tidal wet?anc'_s; however, constructed along ' the water--lying e --da of . this property is a bul}:head less thin 100 fc.eL in length. ( I' Msy be . loc.::ted within 300 feet of tidal wetland.; ; a.nd there is no bul-khead or cW1cret--' wall exis__n on the prcmisca. . M ( 1 Is not located within 300 font of tidal wetlands to the test of my knowledge . " , [:;tarred itoln- ' N illdiC.-ILO your pl-operzy doer not apaca to. fall wit.`ii:1 tilt. juri::,e.le,.ion o: the. td . r, a . `0 . C.C. Sincerely ;lour 91 ,1 r !;,2) 17' NOTE: If proposed project f.111s %ril:11d" juri:.;di,ction , approval must be rceci:,ed and to D. E.C.,our office before your. application can . be scheduled [or a pup)lic hcaring. --V (Tc:day ' s Datc1 To: Southold Town Board of Appeals Main Road Southold-, NY 11971 Re: Appeal Application of _ 1Doherl- �ti✓�. t ✓ Location of Property: • l�l�D - 3 S - 5- - Dear Sirs : In reference to the New York State Tidal I•letlanc z r:a:id-Uc Rc:gul.ations, G UYC:Z , Part 661, and Article 25 of the York State- Environmental Conservation Law, please be advisecl that t: Subject property in the within appeal ap:,Ilic-tion : (plo:►c_u chi::ck ape box) t i ( ] Phi,/ be located Within 300 feet of tidal w„tlar.cic 1:r,wever, con.t_ucted alonr, the water-1yinc1 ec:c,c of this pro?Orty is a bulkhaad in verf good ^ condition and at least l0U feet in ,length. ( ) May be •loci ted within 300 feet of tidal wetlan(; however, constructcd along the water- lyi;c o.' this pro-perty is a bul::head in need of r (rt;..o_) (major) repairs , and apprO:ci�.:,tely feet in length. ( J May be located within 300 feet of tidal leJetlands; however; constructed a1.Ong the %la:.er-lying ed3e of this property is a bulf.hoad less than 100 feet • in length. ( l May be located Within 300 feet or tidal wetlanc ; and there: is no bulkhead or cc.�cicretu' %,,- on the prcmi,ca . ` ( J I not located Within 300 feet of tidal wetlands to the best of my knOw.ledge . (:;tar red it0111-2 ' ( + ) illdic:;,te yOur p!-operty cloc2r not appear to fall wit:ii:i the juzi::,c?ictian 0', the N .Y .S . Sincerely you:::, NOTC: If proposed project falls :jiullii, jurisdiction , approval must be received and sut: ni Qc1 l•o Our Office before your application can be scheduled [or a i:)ublic aeal-i:Ig. 1,61 N N K I I' I 8f1 •4 11­ Sale­d ,Ie Mpl,with C,­i,,w% against f,­m .1 iki,lu'al w Cuipm,dmt. r>inglt.heel) 4, CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD DEUSED BY LAWYERS 01 THIS INDENTURE, made the 20th day of July n-ineteen I hundred and. eighty-( BETWEEN WILLIAM BALLAN, residing at 122 South ocean Avenue, Bayport, Now York 1.1705, 0,9 party of the first part,and ROBERT SCHROEDER and ETHEL SCHROEDER, his wife, both resid3,ng , at1 _fl90 Stars.- Road, East Marion, New ,York 11939 , LOT .69 4-r6l STRICT SECTION BLOCK LISJO [T-B26 ty of the second1part, 17 . .... .... par WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable conidcratl paid by the party of the second part, does hereby grant and release unto the party of the second part, the lie ai( or successors and assigns of the party of the second part forever, . ALL�that certain plot, piece or parcel of land, with the buildings I and improvements thereon erected, situa DISTRICT lying and being in the Hamlet of East Marion,, Town of Southold, County of 1000 Suffolk and State of New York, bounded and described as follows : BEGINNING at a point on the southerly line of North (Main) Road .SECTION at the northwesterly corner of the premises described, being the 03500 northea' sterlly corner of land of Apodiacos and Tartaros; said point being also distant 402 . 90 feet easterly,' asImeasured along BLOCK the �southerly side of North (Main) Road from the corner formed o 5 0 by the intersection of 'the easterly side of Wiggins Lane with the southerly side of North (Main) Road; running thence along said , LOT southerly line of Main Road, two courses : (1) North 66 degrees 04 000 01 minutes 20 seconds East, 66. 95 feet; ' (2) North 166 degrees 19 mi nutes 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) '1 South 66 degrees 39 minutes 50 seconds West, 150 feet to said land 'of Apodiacos and Tartaros; thence along said land two courses: (1) South 66 degrees 01 minute's 20 seconds West 59 . 33' feet; thence (2) North 23 degrees 58 minutes 40 seconds West, 1419.181 feet to the point or place of beginning. SUBJECT TO 'A first mortgage in the original amount of $38,091. 60 heldby Charles M. King and Lydia P. King. SUBJECT TO a second mortgage in the, original 'amoiint 'of $14 ,533 . 32 held by Likuh Realty, Inc. SUBJECT TO covenants and restrictions in Liber 4380 cp. 100, amended by Liber 5143 cp. 462. T'0G E,rJlER with all right, title and interest, if any, of the party of the first part in and to any streetsar roadsl abutting the above described premises to the center lines thereof; TOGETIAER, with the appurtcnanc, and All the estate' and rights of the party of the first part in and to said premises; TO HAVE AND 'I H01111) the premises herein granted unto the party of the second part, the heirs or successors and assign, the pArty of the second part forever. AND' the party of the first part covenants that the party of the first part has not done or iuffercd anythii whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party the first part will receive the consideration for this conveyance and will hold the right to receive such consif cration as a trust fund to be applied first for the purpose of paying the cost of the improvement and willapp*... the same first to the payment of the cost of the improvement before using any part o the total of the same f, any other purpose. I - pre 'So requi The word "party" shall be construed as :if it read "parties" whenever the sense of this indent IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day.and year firstaho% written. it 00471 TN PRESFNCEO RL L -D $ ' WILLIAM BALLAN �ESEIICEO - T' .STA R AUG R ARTHUR J. FELICE0 AUG r..... APR 171986 8!_fiG D� I IPT TOWN F THOLD CLEAVES POINT PROPERTY OWNERS I j ASSOCIATION, INC. EAST MARION, L. 1., NEW YORK j April 14911986 ,I I Mr. Frank Murphy, Supervisor. I Town of Southold Town Hall, Main Rd. Southold, N.Y. 11971 I. u I - Re; Gas Station and 6onst. Equip. Storage W /o ! Maple Lane, Greenport. Dear Sir, I; Please be advised that this letter is to ask for I ' ' clarification of Boning and permitted use of the sub= ject property. The area is now used and operated tI its capacity by a very active trucking and excavating I ' corporation The above association presents this que,stion' b i because of objections to the following. 1 - Early operational noises, starting up trucks, cranes, bulldozers etc. 2- Traffic confusion and near accidents' on North Road morning an4 aYening. i 3- Unattended equipment during day and night hours weekends and holidays. 4 Area being used seems to extend well beyond', 1. lot limits. 5- Zoning regulations are apparently being ignored by the present usage. ! ii I . � i ;OWN OF SOUTHOLD, NEW YOb._. APPLICATION NO. �l APPLICATION FOR PERMISSIVE USE DATE. ... .1..5� S� TO THE Z IN BOARD OF A PEALS,.SOUTHOLD, N. Y. I, ('C ..... . ... ............. .of .... ....................... Name Street and Number `� I . .. ....... . .. ....... .......................................... f.. J.. .t `... Hereby applies to Municipality �- ate THE ZONING BOARD OF APPEALS in accordance with the ZONING ORDINANCE Article VIII ' i Section 801a Subsection C for the permissive use of the land hereinafter described. + �Za AV. The Permissive Use is requested because 1. STRICT APPLICATION of the Zoning Ordinance would produce UNDUE HARDSHIP because 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 3. The permissive use would observe the sp' it of the ordinance and WOULD NOT CHANGE TH CHARACTER OF THE DISTRICT because /J tj GC.. ✓1 c 2 mot/ �cl! STATE OF NEW YORK ) COUNTY OF���'°`.p"4 ss11, S' ature.......... Sworn to thi .../a11%.. of.... . .�, .........196 i' Notary Public HELEN B. VERNON Notary Public, Stat© of New York No.52-9460850,Suffolk county Term Expires March 30, 1960 Form ZB3 i , �1 yt4 COUNTY OF SUFFOLK ss. !w.: .61E STATE OF NEW YORK f✓yit,}I m{�j'�re•s" .+d p ,C" .'r•�;.5 P reliant } sec iqn,,,QT:"Of th eToyun I.tiw-snd'. he,prov�eiot Q�the 8uilding; Zone'Or itie co;',� pry. �snetidrnente)' Frederick C. Hawkins, being duly sworn, says that bL .tliea,� '�lf.%;�'o_ Qkl,:;.E�ffolk'•r y` I1 1 he is the owner and publisher of THE LONG ISLAND County;.�!1','' .:cQ p11b)a�iln8, � held:by'ath©i.Zoaiag,$oafid"Qf'.Appeala;� TRAVELER - MATTITUCK WATCHMAN a public news- of the;Tovaq,p,�,Qouthold,at,thO.Town Clerk's"Offka;Qldal__13 eet.'Boitthold;' poper•printed at Southold, in Suffolk County; and that N. Y.;•:Til�. tsF 28;;1968.at. ?:30 P. Nl: (ED•13.TJ;<.uAon"�he�appiieation the notice of which the annexed is a printed copy, has been of •charlesi'KinB ,fora�EQEiecial ;exce f tion to'replaae'p'.•nolneonformlw b published in said Long Island Travel er-Mattituck Watch- I nes�ild}tia'1rtlole'X sli tdbn,4007 (0). 'l / props}ty;` pea�ed=l�orth'' oaQ,' man once each / r t.fi.../. <:...... e k erect port. r'.f;:-;a, a,.* ;; , week for .... ,; w s N:�.:Y,, Any•person'desiring,to'be rd.on ) the above;apAca�lon•,should,appear. successively, commencing on the .........•. . . ..... ................ ssiv ,'. at the timdand'pU►co'pboyo®peoifioc�i Dated �ay;19:'1958 a,,�;,,,�.: .: day of ..... , ....�.. 19........ 8y.order`of'trhe�ZOWO 13oOM Of Appeab of Town'0:8quth61d::• ` ;:_,, ;, • ufldh*'ynspector.� .......................................` `C Sworn to before me this ........... .:/:........ day of ..... ..........<i........ 19........�1 r _ ........t ...(............. ..... ........ �...................... Notary Public j MELE PAYNE ftol;ry I'ullic, Stale of New York • I;rsn:.r,„! iu Sullulk L�.uuly No. 52-30410;J0 Camrnission Expires March 30, 19!i9 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined............. ..19.tit-19 ........�;��.. Application No. r Approved........................................19........Permit No. ..... �.1�......... Disapproveda/c .............................................................................................. .............1.V. � �.. ........... • (Building .Inspector) APPLICATION FOR BUILDING PERMIT Date.................... .ca ..........I q..V j INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Buildir Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this locatio c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue, a Building Permit to the applicant. Sup permit shall be kept on the premises on, for inspection throughout the progress of the work. e. No building shall bL occupied or used in whole or in part for any purpose whatever until a Certificate.of Occupon( shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to 0- Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or a Iterations, or for removal'or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances and regulations. L........ ..� ,,. ..... . ........... •(Signature of ap cont, or name, if o c rporotion) ........... .. . . ` .. . (A ress of oppli ant) State whether applicant is.owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde .............................../ ............................. ............................................................................................. ............ ................... .. . .....................y................................................................. Name of owner of premises. If applicant is a corporate, signature of duly authorized officer. ................................................................................................ (Name and title of corporate officer) 1. Location of land on which propose work will be done. Map No: ............................ ............... Lot No. .................. Street and Number�'L�l.a... � ltj. . .............. Acl��! .. .. .. .. ........... Munlcity 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy..., 4 ............. .. ...........................................:...•.............................. b. Intended use and occupancy, „ lnA:— ,:............................................................................................... 3. Nature of work (check which •icable): New Building....................Ad',. �n ..................:.Alteration ................... Repair ....................R�rnoval ....................Demolition....................Other Work (Describe) .................... 4. Estimated Cost......... ,1�..!}? .........................Fee ..... ...... ,�,,. .. .... ........ . ........ .. .... ................ (to be paid�on filing this application) 5. If dwelling, number of dwelling units................................Number of dwelling units on each floor........................... Ifgarage, number of cars................................................................................................................. ..................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of us . . ........ ....... 7. Dimensions of existing structures, if any: Front............................ Rear............................ Dept .:.............,........... Height ............................Number of Stories .................................................................................................... ... Dimensions of some structure with alterotions or additions: Front ................................ Rear ............................... Depth .............................. Height ..............................Number of Stories ................................ 8. Dimensions of entire new construction: Front...........�.�..s...�. Rear ......��..5� .... Depth ............ Height ......,�..,�,�%,.�.,., Number of Stories . � ..... 9. Size of lot: Front ...............�vrr, Rear ....... ... Depth ..................: -2 10. Date of Purchase ........................................................Nam of Former Owner C�Q,y 11. Zone or use district in which premises are situate "............ ..............r. ............................ ...... �.� 12. Does proposed construction via a any zoning law, ordinance or regulation? ..... .�J.2.c1.................................. 13. Name of Owner of premises... r..... ....... .....Address .....: ti / Ffone NO. Name of Architect.. ' ............... ddress .... `' �` :.Phone NO. ................... Name of Contractor... .............1� . . .. ,r ......Addreso�..,/ '...��� hone NO. j PLOT DIAGRAM j Locate clearly'and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions fror )roperty lines. Give street and block numbers or description according to deed, and show street names and indicat• xhether interior or corner lot. A • 6D' ;TATE OF NEW�YyO ) S S. :OUNTY OF 125/ ...) ........•....f`S/..... v /°�5.. . Q..��!;:....................being duly sworn, deposes and says that he is the applican (Name a indi�ual si ing a(pplica--tion) :bove named. He is the............ 1? .rrf...�.'..'� ..............................6.......... .. ......... ..................................... (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and fil( -)is application; that all statements contained in this application are true to the best of his knowledge and belief nd that the work will be performed in the manner set forth in the applicatio filed therew worn to before me this fs vZe /?S' ... day of .. . d.: 1 ..,. - '9 PP ! ............�n... ................ .... ( i nat of a lican lotaryPublic, ,�:4. :.. .......... ...............:..... • oS�FFOC�� C�N&COPY FOR YOU INFORMATION . OFFICE '" RVISOR All TO O LD FRANCIS J.MURPHY TELEPHONE SUPERVISOR (516) 765-1800 MAIN ROAD (516) 765-1939 SOUTHOLD, L.I., N.Y. 11971 October 28, 1986 , I Mr. Simeon Weston I' Cleaves Point Property Owners Assoc. 450 Snug Harbor Road Greenport , New York 11944 Re: Gas Station Property North Road, Greenport Dear Mr. Weston: Please be advised that the legal papers have been ;Idrawn-up by the Southold Town ' Building Inspectors Office and are presently at Special Counsel to the Town, Richard Lark, Office. ii Enclosed please find the minutes from the Zoning Board of Appeals -Meetings placing restrictions on this property! I suggest that,; you call Richard Lark at 734-6807 to. ascertain what the status of this ',litigation •.is:.at this time. ! i I - Very truly yours , ncis J. Murphy nl upervisor r^ Town of Southold I FJM:c,j h Enc. CC: Richard Lark Victor Lessard I I I i I I1 Road e . , .jrt, New York 11944 �y 15, 1986 I Southold Town Building Dept. FMAY Southold Town HallMain Road 91986Southold, New York 11971DG. D[FT,Attn: Mr. Curtis Hortonj D . DEDear Mr. Horton �,� iHOE-t.)'.� I Re: Sound Shore Excavation Corp. North Road Greenport, New York - - - - - - - - - - - - - - - - - The purpose' of this letter is to register a complaint concerning the specific business use of ;the above property which is across the street from my property. My inquirylof your office several months ago led me to believe that the above property is classified as a Non-Conforming use and, as such, is allowed1to be used as a SERVICE STATION ONLY. ii j' My complaint concerns the present use of the above property as listed below: i (1) At NO TIME since I bought my property (October, 1984) has the proper—�ty been Used as a SERVICE STATION OPEN TO THE PUBLIC. (2) The apparent sole use of the above property is to operate an Excavtion Business and the storage of numerous trucks and ; related equipment. i (3) The property is presently being used to store construction related supplies including: A. Precast concrete cesspool units, B. Large amounts of heavy construction pipe, i C. Heavy construction timbers and, D. Various related construction equipment and supplies. I feel that the use of this land is not in conformance with existing zoning requirements and it is an eyesore to the neighborhood. I would appreciate your office looking into th s violation and taking the necessary steps to make corrections. Thank you. i Sincerely, David L. Gillisp�e, r. 51 Simeon Weston, P iident 450 Snug• Harbor Rd. Greenport, N.Y. 11944 jij CLEAVES POINT I PROPERTY OWNERS ASSOCIATION, INC. I ; EAST MARION, L. 1., NEW YORK • I I I' Sept. 27, 1986 1 i � I if Mr. Frank Murphy, Supervisor II,. Town of Southold Town .HallI Main Rd. , Southold, N.Y. 1197(1 Re : Ex-Gas Station property North Rd. w/o Maple Lane, /side Greenport, N.Y. Dear Sir,,1 Please 'be advised that this is additional corresponden onthe subject matter. It is being forwarded to the Same�, e depart- I: I ments as : previously in hope that some action will be initiated or some advice will be received that will help clear things up.' li I I The present use of the area in question does n t 'satisfy the zoning restrictions.' ""It is not merely a gas satiori? fit is ;I +. in fact a; storage area for heavy equipment ( 2 cranes, 12 bull dozers front end loaders, four 10-wheel dump1trucks, IIow trucks and pickup trucks - see enclosed photos) and is a nuisance most � I of the time as outlined in our letter of April '14, 1986. Gasoline, ! in fact, cannot be bought at this so called 11gas station!' .I There being previous objections, all unanswered, the legal existence of this enterprise is questioned. It is requested that: some explanation be forwarded and/or a sequence outlined so' that this condition can be eliminated. I I � I1. Please advise at your earliest convenience. Very tr y yours, 1, Simeon Weston Enc. . I CC : Victor Lessard,' Bldg,, Dept. Henry Smith, Trustee i I I i i, 11 I , i I I III • I' i I i I i I I j it (2` 1 i . In order to discuss this properly with our member&- - shi p (50) dwellings) the status of this property has to . be outlined as we wish to process this objection. It is therefore requested that we be advised of our rights and a method of approach to have this{ condition remedied, Please advise at your earliest convience. Very Truly Yours, i- eident G' l CC Victor Lazard, Bldg. Dept, j Henry Smith, Trustee ' I ' I I i I ; I i I , i ' i i ' RICHARD F. LARK FEB � ATTORNEY AT LAW FEB �8 �,+ � } MAIN ROAD-P.0. BOX 973 CUTCHOGUE. NEW YORK 11935 LD DEPT. TELEPHONE 516 734-6607 t1' '�OF SOUiHOLO February 6 , 1987 Francis J. Yakaboskir Esq, 456 Griffing Avenue Riverhead, NY 11901 RE: People v. Robert Schroeder and Ethel Schroeder Dear Frank: In connection with the above--captioned matter, I am enclosing a copy of the Informatipn. The Southold Town Building Department has the entire file in its office. Due to a conflict in this matter, I will not be able to handle it. Judge Tedeschi adjourned the matter until March 6 , 1987 to enable the . defendants time to obtain an attorney. From what I can determine, the matter will be contested, so you should contact Curt Horton at your earliest convenience, Very truly yours, Richard F. Lark RFL/mld cc: Hon, Frederick J. Tedeschi, Justice Court, Town of Southold ✓Curtis Horton, Building Inspector I , 734-5100 �S,�(i•il_I I{)' ) f'il�f'il.l-f AREA CODE 516 1 96.1 MX" 95Jr' �i'�%'c/�.a���ToiAax I I J'.loa+c� o�ecc lid a�tJtar�eCtnear.�cu�: I � I r/ea�re. �r.lani�.r• 9�67�9 Delivered by hand.' .j , � i September 26 , 1986 I � . Southold ' Town Building Dept. �I Town Hall i' Main Road j Southoldi, NY 11971 Attn: Curtis Horton Building Inspector Re: Sound Shore Excavating Corn. I East 'Marion, NY , Dear Mr. Horton! In 'accordance with our conversations relative', to the above captioned matter, and as a follow-up. to our letter to you of Sep- tember should like to advise that a continuing tres- pass and violation of the Southold Town Zoning Ordinance is occur- ring with respect to premises owned by myself and my wife, at East I ' Marion,+, by ,Sound Shore Excavating Corp. A review of thelsituation as it now exists would clearly evidence an intolerable violation and destructionlof property which I respectfully request the Building Department takejimmediate steps to rectify: The violations that • 'Ij „ are occurring on a :daily basis constitute a serious violation of the residential character of the surrounding area and show �a patent dis- regard forithe Southold Town Zoning Ordinance. j J should appreciate, upon receipt of this letter, if you ; ' would take ;an immediate course of action to prevent any further violations 'of the ordinance and of the trespass upon the adjacent ; , properties; also, that I be apprised of any such course of action followed by your, Department. . ;Thank you for giving this matter your immediate attention. Very truly yours , CRON and CRON, ESQS: a J. Cron J j734-5100AREA CODE 516SEP 3 019 DEPTBLDG.TOWN OF SOU1' I I I, September 26 , •l9'85 Southold Town Building Dept. j Town. Hall 'Main .Road !' Southold, NY 11971; Attn: Curtis Horton j Building Inspector Re: Sound Shore Excavating Corp East Marfl ion, NY Dear Mr. Horton: The purpose of this letter is to advise your office of, a continuing violation of the Southold Town Zlon'ing, Ordinance which is apparently taking place at my residential' p 'operties I I stuat'e' at Main Road, East Marion, NY, adjacent to a gasoline service, station owned and/or operated by Sound Shore' Excavating Corp. ; at which heavy industrial equipment and materials have been• placed ,.and stored, contrary to expressed direction to forth- ! '' I .with 'remove same. It is respectfully requested that our office take P Y q Y c I I � immediate steps, •civil or criminal, to rectify the continuing trespass upon residential lands and the maintenance f indus- trial equipment in''.an'; "A" Residential Zone; all cont ary ,to th6e Zoning; 'Ordinance of the Town of Southold. Ve Y truly -yours , � , rd on . RJC:e• I .1L L, fII , r+... �.._�,.�...e...,.. .. 734-5100 AREA CODE 301985 TOWN DEPT. O. OF SDOEMOLD i� �.� �.lor�a nf�ece1 G� a�1/ta'+ctareal ox�i: V S./OD Of Id d f'.o e 01 September 26, 1985 Southold Town Building Dept. Town Hall - Main Road Southold, NY 11971 Attn: Curtis Horton Building Inspector Re: Sound Shore Excavating Corp. East Marion, NY Dear Mr. Horton: I' The purpose of this letter is to advise your office of a continuing violation of the Southold Town Zoning Ordinance which is apparently taking place at my residential properties situate at Main Road, East ,Marion, .NY, adjacent to a gasoline service station owned and/or operated by Sound Shore Excavating Corp. , at which heavy industrial equipment and materials have been placed and stored, contrary to expressed direction to forth- with remove same. I' It is respectfully requested that your office take immediate steps, civil or criminal, to rectify the continuing, trespass upon residential lands and the maintenance of indus- i trial' equipment in an "A" Residential Zone; all contrary to the ' . Zoning Ordinance of the Town of Southold. : ' Very truly ours , rd on RJC:e I i �1. Looations Easterly aside of new building line to be at least 20 feet from prevent easterly property line of Charles M. King. Worth side of now building to be located at least 20 foot oouth of and parallel to'northorly line of. present building.. 2. Present alga must be relocated to conform to five foot setback from all property linos, if present location is in violation of Ordinance as amended. 3. No major repair work shall be performed in the open. 4. Pumps, lubricating and other devices shall be located at least fiftoon (15) feet from the line of any street or highway, right of way or property lino. 5: All fuel or similar substances shall be stored at least fifteen (15) feet distance from any street or lot line. 6. No automobiles, or automobile parts, dismantled or damaged vehiolee and similar articles ahall be stored in the open and no parking of vehicles, other than those being vervioed, shall be permitted. Bout reasoned that the new station does not conatituto an expansion of a non- eontorming use and that it will in faot be manor than the procont aatation and may be expeoted.to enhance the obarnotor of the noighborhood.. (NOTE RE: FINDINGS OF THE BOARD) This special exception for the removal of the delapidated gas station to a point well in back of its present location and the replacement (a new modern set up) was, among other consider- ations, the probable development of this area as well as the improvement of appearance cf the 'area. The need of the neighborhood for better service station facilities and the arrangement of the new station so that unsighly vehicles etc. would be kept under cover. There were many minor considerations as well and inasmuch as the owner was willing, as one of the conditions, to purchase land adjoining, the whole set up was definitely to the advantage of the neighborhood. The present gasoline pump island is now practically on the highway and cars are parked, at times,' on,. the road. This will be eliminated. SEE SEC.no.030 ._ SEE SEC. NO.030 MATCH LIME - - - — /`— LIME —Z— f' `��`` b a �61 _ _ - 2. ld �� •o �.• ? pip . .. 90 p\c\ \. 25 cl- .6 p\�� A9P\ ,mod y • �-SP ..•, C° ,� Z o`L e $' >•. „� •,o -_a ``d b. ' -.� - _ 2�P�cl - ••s ,d> '•t 3"� �. .d �J .n,, '. ��� o� � � ,>1�0, 2�'-� i. ': 2• 'ap s\ •_"r23"s.° i`z '' r GGlNS•>' `yy 's 2ao. Al- ol S 0.s> 4 6 a 1 yOC • o_ ,>2'3 22 2\ y? \3'0'0�_y0 ar. 06 ...°`2; 7 ea _ ." r •.� � •-• t•5 '_ f/J f 2e'od" - 2 .: ,.> s" Iry°°'J • r� _ Aso� t'.a .+..9?- :°,- ,�U,It`� 2 ; >. 18-- c-r•J>>�� ` •.{ _______-. y.• STERLING CENIETERT - •, _ �. 04. eta' V �s �• " P .`•,3 Sit _ o� S .eo ° y\6 •w GULL GULL POND :w •� SEE sec. No. 034 t 9„ POND „ /NLET n to • 1` _ l /NLET . ` •°i" `'�'\ , /I W�CEa raiE. •.Mor s,.1� l7 ST. aGkES CEs+E7Eati 0#7, v[ i`?� x&^" SOl 'A"y k'i�'+'�4zil"L 1� �,d � rF`�1� � S�rfatl`.'?"it. yf �. � r► .,�`�;is �,� ,�r. F i k� i,f � � y a}�,+„ t`a ��.+• trek d�+� a a � � 8 Ar ARD Bonn memo own LA ♦ II �IIL , � ♦ e ■WA ■� LIM lil willmim 11 it } Minutes Board of Appeals May 29, 1958il I A regular meeting of the Southold Town Board of Appeals was I , held at the Town Clerk's Office, Southold, New York, on Thursday . evening , May 299 at 7:30 P.M. There were present:', Mr. R.W. Gillispie , Jr.; Chairman, ; Mr., ; I Robert Bergen, Mr. Herbert Rosenberg and Mr. Charles Grigonis , 'Jr. ',, Absent: Mr. Serge Doyen, Jr. ! '' Also preseet; Mr. Howard M. Terry, Building , Inspector. !; I � I � a PUBLIC HEARING: Appeal. No. 63 - Application ,of C".arles M.� King of Sunset Shores , East Marion, New York, ' for a; special exception under the Zoning Ordinance to demolish present gasoline filling station and erect a new gas station on the same location. ' Application was read by the Chairman as well ass the legal notice of public hearing and affidavit from the Long Island Traveler-Mattitu Watchman attesting to the publication of notice, and letter to ,tApp- lira nt advising date of public hearing. Chairman: Is there anyone present who wishes to speak for o. this application? mMr. King submitted a blueprint of the proposed gas station' Q 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 approximr-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. U) Chairman: Is there anyone present who wishes to speak against , '; this application? No one spoke against the appeal. General conditions relative, ' to gasoline stations , stipulated in the Minutes of! April 3, 1958; were read and imposed. Discussion was held regarding relocating present sign and it was the decision of the Board! that the sign, must be moved , if necessary, to conform to five foot seyback from all property lines , ,in accordance with the Zoning Ordinance ., The estimated cost of the new building - 0131500.00: It was noted that a "B" Business district was applied for but ;that no action' I ; has yet been taken by the Town Board on this Matter,. , I It was the Board 's decision that the, easterl'y side of the new building should be located at least 20 feet from present 'easte:rly property line of Charles M. King and that north side of proposed building .be located at least 20 feat south of and parallel to . location of present structure. Appeal was unanimously granted. Board reasoned that the 'new station does not constitute an expansion of a non-conforming use and that it will in fact be -smaller than the present station and may be expected to enchance the character of the neighborhood. 1 ' i ��� �_; `�•�- TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE.J!?�. I..1� 8 ✓ Appeal No. 63 ' Dated I+ y 14, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Charles U. King Appellant i'3u�tet Q��j?1ant�L9��cion��'1e�...York— — At a meeting of the Zoning Board of Appeals on My 29S 1958 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ($ ) Regn©at for a special "ception undor the Zoning Ordimnee 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 i (a) Strict application of the Ordinance (would) .(would not) produce undue hardship because (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the 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,Buildinq Inspector ( ) be confirmed ( ) be'reversed 3. SPECIAL EXCEPTICRJ By revolution of the; Board it van deterainod t}mt the special exception to demolish procaent gasoline filling station and erect a now stations me per plans sutuittedp waller in total a"a than p.aeent station be granteds, subject to the golloeing stipulationN WSee Over ZONING BOARD OF APPEALS ' Grace be Meyer Secretary Porm ZB4 ✓'' r ;�; ✓/ 1• Locations Enaterly aide of now building line to be at lust 20 feet from present easterly property lino of Charles Ile King. North side of now building to be located at leaot 20 feet ctouth of and rarallel to northerly line of present buildings 2• Prosent sign mumt be r©looated to conform to five foot setback from all property linang if present location is in violation of drdinance as camendede 9• No, major repair work shall be performed in the open. 4e Pm a. lubricating and other devicee. ehall be located at lenet fifteen (15) feet from tho line of nny street or highway® right of way or property limes 5• A11 fuel or similar subotanoe9 shall be stored at lea at fifteen (15) Poet distance from any etreat or lot linee 6• No automobil®a, or autokobile partng dimantled or damaged vehialea and similar articles than be stored In the open and no parking of vehiclest other than those being aerviaedq cha.11 be permitted. Board romeoned that tffie 1s w station doos tot conatitute an expansion of a norr- ocntarming me and that it will In foot ba smaller than tho prasont station and may be exaotsd to enbanae the ob#motor of the naigbborhood.- i i z J.a"d js TOWN OF SOUT HOLD P16ROPERTY RECORD CARD OWNER STREET VILIAGE DISTRICT SUB. LOT �6Of��(3W(NER �Pu �v,J N E } ACREAGE J W P& 1-4414 L S = W - � � TYPE OF BUILDING RES. SEAS. VL. FARM COMM. 3 Z I IND. I CB. I WSC. LAND IMP. TOTAL DATE REMARKS / �' J ✓ � / � � � � � �--/� mil'i .' �./� ii ��� �' / 1 �`"' `' AGE BUILDING CONDITION NE\"/ NORMAL I BELOW ABOVE - C o 6d, I ,G^ u // �^y^2 E- ` 1S- -cOr7 !\lI1'1 tti L ,-Lr1 F I LSt Farm Acre Value Per Acre Value /79 S4-0 /2-oa0 f '12, 9co. Mi7. � uKIIZ f ?7o Tillable 1 Sd L , 1a - 3�G�79 � �� a�� 4Sa v� M i r�l fluK,Ll /o Lt tl'ut! . Ef,�sy IrJtP Tillable 2 ---------- - -- --- - 31(,! Tc,LD Z3!,/ li' (l�? -�..1 I-Y4 Qln PALLA tj L_ao0 Tillable. 3 � ,nT .r�1.(.0+-Z E�17G, 1L �..,3z Woodland Swampland - - - — Brushland House Plot ' Total - I'�v'�^'r•�Y` �'-'w1_'iS^:Y_�+v.p}o^�•^... .f.C''�1L'if' 'i -w`1L.�+-i;ib. - ..+ .+' T},n.-'lt. ��4d.Y¢$ -. R�Y1 .4Av,�'v�.1>ry.-. �A SA.F:S .. _ -.-.._.+�. - .. RIO W W - .. . o■■■■■MU■■S■■O ■■i■ ME MIM NONE MEEME { rot r- �y f A "`` -r�'.. - _ � `'''��'G� •.a �''�r`�i„' !� .h� .k� � c T "S x4- _y-�_- ;r. .,a.r. � •�.,, _' _...�•:°�' ->«a-'�*� .� _- .Y_f_:. •..Y:. _ "�, .-� - `'i•= ��,.� ..�V1+�.5.'s'�•� �.... 'S , � -�:� ^c � "�vS�.a. r,,.=.'4 r •n ..-. - �. �',. _. :e,..._ •, ,• ♦ �.c . .s g_ 'r''^"f'i' s]K '�.. _N n Y'-L �7`'�. "�+:JEs. •.k'�ER-`S^'"a� � a�'.�y �,;k 3y - .-; _ ..l: ',�, a•S' -F- .s _ "'�' ,•� ��w - •,a-�`i •,y a a.=� ..s.. .ai. � ''w!. ,a--.�`�. •.;s„k=� �': .'1, ,, .,;e .,`:,, a at. a x•= ♦.1{'.� t x -_v. °�- - va".: -mot" weld' ♦..-..`P tom.,..., "?I.....ti a-`.!" � =_ �fir. + i :.' •G�^ ..e a�x,7 .fr. a.-` N.a:•"`�, Y. ^. c.a .,i� 't n3i t4.. .�^C.• -.,. -;:r_. . � � ,� .. ,,._ x �, ..a 'ras.. o .t ,_�< ,�� ��.�.�- t �,�}, 'x a• e.,s.u�s ,r'A' Rw.o xy- S. >1 SAIT.. - _ - ...F Se"S'Y `�'y�,�,� _ 4�a_y♦.- �_a ..J,..'� .k Y�♦'y�r •F'�vr .�•. Elm e , GF 5 _ �ar'a+s 9�+am'f+�5}.a•' i _ f ,, 4 � 'L ti =t , i a .v S Est � ' � ,�V ::/� �'' rJ"_St4.;ray i 1 ��°•` }"` 5° •i„� if_ � t.r 1 VWr p' .' h� 'a d `'-� i� ,y jfl ll ! tr 47, t` IA"41 .41 V„l.��rq�'t���n�)F- jet ....ap�IhiavlL/1fI 1 /, r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Ro4ip-L and Eh I kkoeder NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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] �t1Ica ire fic�i r o r, ii (3 ,1 I rJ t'nr Th�,W C+Dr Nt r,de b`r r!e on cc- Criminal 3UMrPons d004d �a►,uar� c1, lcir7 . 2. That the property :which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: rOccx4rcl 6n +I \e Sotjth rlv 5(d m Nori-h (1''tGin ) 2ecaj ` CIAQ Rouir Fa&+ K von Naw York 3. That the property which is the subject of such Petition is located in the following zoning district: "A Apr<< 4. That by such Petition, the undersigned will request the following relief: .TnicYnt V hicn bki .S-\wb(AA C1()_3n --�-v►sr,n �r � Ir' �hl� ��r �e 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article K Section- ( n0 - ( a I [ ] Section 280-A, New York Town taw for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�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 Watchmarn, 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: oi Petitioner Owners ' Names : c� G�iizo��c� Post OffiSA Address (Tel .CSl6J PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 7oCtn NLw yo (I ► ) � 3s . EraklS P Fod iaCoS a,. (Ztdge. Blvd . t3%C oolc n N ew yo( I<-' I I o STATE OF NEW YO.RK ) ss.: COUNTY OF SUFFOL.K) residing.at i being duly sworn, deposes and says that on the day of 19 , 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- ,fic.e at that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of 19 Y Notary Public ' (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 1 197 1 LEFFERTS P. EDSON IS 16)765-1222 RUDOLPH H. BRUER IS 16)765-2500 February 9 , 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert Schroeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121, Robert Schroeder and Ethel Schroeder request the following action' by the Southold Town Zoning Board of Appeals: (1) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9, 19.87, an appeal is made of the interpretation by the Southold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining a Certificate of Occupancy. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants ' premises without obtaining a Certificate of Occupancy. (2) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Southold town Law Sec. 100-13 by reason of Building Inspector 's interpretation of building zone ordinance as set forth in paragraph ( 1 ) above. (•3) That Zoning Board of Appeals determine whether Appellants ' use of a Public Garage falls within the definition of Public- Garage in Southold Town Law Sec. 100-13 . Sincerely, Patricia C. Moore, Esq. PCM/df Enc. Y BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Rc�4-�P_xk onc) C'+he_1 Sdrne8e.r NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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] �:Tnic_rore.tc-h0r% Ll wiHe b`r r O�,On C ). CY(M*1Y17Ct-t 3u or)mons do.T_2d' Jc�r,va.r 9, 1Gt7 . 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1 100�—3.5 ,_ .S- y 1 fOCc� ec� 6n fie_ Sou-�heyly �lU� or North ("coin) 2ectc� �`o�C�ie Rowr a5) Erasf MO.vton , Maw YofV 3. That the property which is the subject of such Petition is located in the following zoning district: a�r Xaf - 4. That by such Petition, the undersigned will request the following relief: �i2v i ecJ OF .Tnieir ce ki_\-on h,r ,Shw hol�. Icakan 'ice l)�� 1\Y)Ci —1v,snec 2t' G� c 60-ramie . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X ( ( Section ( Q0 f I [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7t 5-1809. 7. That before the relief sought may 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 Travel er-Matti t uc k 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: 12?7 Petitioner Owners ' Names : Post Office Acl ress 4�2Lw—e cb?!/f�1 e,/o/ .kY ZIX71 (T e 1 .616) 76 J — iS 00 ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL„RECEIPTS ADDRESS Ma(n 2oCILd C),j&o U-p- N� Yo �f� I1 �i35 . Erahs A 'yod i a cos -7 i c2a Rtd 9e Blvd . f3�f.00lCl`f n N eW yot'►� I I o2(�� STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) residing at being duly sworn, deposes and says that on the day of , 19 , 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- :fce at ; that said Notices were mailed to each of said persons by. (certified) (registered,) mail. Sworn to.before me this day of 19 Notary Public (This side does not '.have' to be completed on form transmitted to adjoining .propertyl owners.. ) �.d�G .lL1cCL r�illl.PiT ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 1 1971 LEFFERTS P. EDSON IS 1 6)765-1 222 RUDOLPH H. BRUER (516)765-2500 February 9 , 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert Schroeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121, Robert Schroeder and Ethel Schroeder request the following action by the Southold Town Zoning Board of Appeals : (1) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9, 1987, an appeal is made of the interpretation by the Southold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining a Certificate of Occupancy. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants ' premises without obtaining a Certificate of Occupancy. (2 ) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Southold town Law Sec. 100-13 by reason of Building Inspector 's interpretation of building zone ordinance as set forth in paragraph (1 ) above. H) That Zoning Board of Appeals determine whether Appellants ' use of a Public Garage falls within the definition of Public Garage in Southold Town Law Sec. 100-13 . Sincerely, Patricia C. Moore, Esq. PCM/df Enc. Y �. /// an BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Roynpar- and F+he_) �Y__,D►roec p_r NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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] _Fn-V--r orei mho„ b Ll (3 vi I&n� -1 y�yt�0 ar �t�.ide bu r Pn�,on ck ). Cr(mi tcLt 3ury)rpons daXtd Jcariuctr�_j 9 IGg7 . 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000—3.5 S q fOCC\JrC� Eri +VNe- �O�ft,eyly �tc�� c► �eri`r� ("Clk'n> 2eccc� `�i sL (loc►ic r�S) �-aa+ I"10.v(On NQAA) Yof1C, r 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: RC�VIeLk) —TM—_YPfEAMV; 0V) bs► 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- J signed are Article X ( ) Section_ ( 0o -- 1 ,� I J [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 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: /0 /9f7 Petitioner Owners ' Names :__ Post Office Address 4!!�7elS017 -'F/ So bgX,1..1 yy 11171 .(Tel PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Joctr) Clr 0 n M of i n (ZC)c.-d I C: ut c�, Erak� s P FochacoS O?a Rta9 . Bkjc( _ �c ook t�f n STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: TCZTy1GrGr cf //7©p/V residing at 52r a Y�T 2Ls C W Met, yc r/�_ , being duly sworn, deposes and says that on the /'0 day of 119 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 500M0/c/ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day o� , 19 � Notary PAic NARY DIANA EOS Yotk 11OTARY PUBLIC, State of New No. 52-4655242, Sufi°ch 30tm19 8'1 1GOM ISSion Expires M (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) '7