Brown, Dierdorf & Renzi Attorneys at Law 165 Mullin Street Watertown, New York 13601 DAVID A. RENZI TEL (315) 788-3360 FAX (IS) 7881782 November 15, 2017 Peter S. Clough, Chairman Town of Leray Zoning Board of Appeals 8650 Leray Street Evans Mills, NY 13637 Re: Allison Carlos - 26369 NYS Route 3, Town of Leray Dear Chairman Clough: I write to you regarding my client, Allison Carlos, and the Zoning Board of Appeals meeting that, upon information and belief, you have scheduled for reconsideration. As you know, I attended a meeting, which was referred to you from the Town of Leray Planning Board for consideration, on November 1, 2017. At that meeting, I advised you and your Board that it is my client's position that the current use of a mechanical repair shop at 26369 NYS Route 3, Town of Leray, is grandfathered in and that neither the Planning Board, nor your Board, has legal authority to prevent that existing allowed use of the premises, I also submitted for you and your Board's consideration on that night several documents including invoices showing actual mechanical work completed in the allowable period, as well as statements of fact from customers, as evidence that the allowed use of a repair shop did not cease within the requisite period of time. That meeting that was held on November 1, 2017 was a public meeting. It was properly noticed by your Town on the Town's website (Exhibit “ A"). Upon information and belief, the Town of Leray Planning Board, as well as your Board, had received and were able to review objections of a specific neighbor to my client's lawful use of the premises. The neighbor who objected knew of the meeting and submitted his objections for the November 1, 2017 meeting, After reviewing all of that information at that publicly held meeting, your Board unanimously acknowledged and interpreted that the current use of my client's property was a pre-existing use and, as such, there is no needed site plan variance or any other approvals needed from the Town of Leray.As I further advised your Board at the November 1, 2017 meeting, my client has acted. within the complete bounds of the law and, in fact, went above and beyond her requirements by even bringing this information to the Town of Leray. I respectfully submit we did not even need to attend the November 1, 2017 meeting, but again we are not looking for a battle with the Town of Leray. My client, however, will not allow herself to be taken advantage of, because the municipality is seeking to appease an outspoken neighbor, who has no legal grounds to object to what my client is lawfully doing Itis my client's position that they will continue to maintain the pre-existing use. Itis my client's position that even if the Planning Board had authority to refer to your Board, that you have reviewed the applicable evidence and made your decision. My client wishes nothing more than to lawfully conduct her business and be a contributing member of society at a property that has a grandfathered use. Any attempt by your Board to take a new vote on this matter, I submit, is an inherently arbitrary and capricious action that in no way is authorized in the Town of Leray Zoning Ordinance or New York State Town Law. My client intends to operate within the specific authority of that law, and expects and demands the same from the Town of Leray, and will take any appropriate legal action necessary to ensure that. Please advise as to any discussion or action that occurs regarding the property owned by Allison Carlos located at 26369 NYS Route 283, Town of Leray. Thank you Sincerely, David A. Renzi DAR/kjt Ce: Mark Gebo, Esq.Exhibit “A”TaOWT TON 2 ss olignd Vaz :oweN W9Ag J9}SPW :oweN zepuajed 00