HomeMy WebLinkAbout14696-zFORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Zt9137
Date JUNE 12, 1990
THIS CERTIFIES that the building
Location of Property. 32400 C.R. 948
House No.
County Tax Map No. 1000 Section 074
Subdivision
RETAIL SERVICE STATION
PECONIC
Street Hamlet
Block 04 Lot 07
Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated JANUARY 6, 1986 pursuant to which
Building Permit No. 14696Z dated MARCH 25, 1986
was issued, and conforms to ail of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is RETAIL SERVICE STATION
The certificate is issued to TARTAN OIL CORP.
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL PE~10 JUNE 1, 1990
UNDERWRITERS CERTIFICATE NO. N792127 FEBRUARY 4, 1987
PLUMBERS CERTIFICATION DATED W.HIM PLUMBING & HEATING JANUARY 22, 1990
B ilding Inspector
Rev. 1/81
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N. Y,
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF TIlE WORK AUTHORIZED)
14696 Z
Permission is hereby granted to.,:-~ .
...... ~.....~.:.......~......~....~..~'.~ .........
......~...~....v..~.~ ....................................................
,o
at premises located at ..~.....~...~.....4~.. ...................................................
County Tax Map No. 1000 Section ..... ..C~...?...k/ ........ Block..............,.......0 ~ Lot No, .....0.....~ .............
pursuon, ,o application doted .....~..~.~....~. .................. , Jg.'.~....~.., ond approved by the
Building Inspector.
Fee $../ ......... t .........
Building Inspector
Rev. 6/30/80
FORM NO. 6
TOWN OP SOWEUOLD
B1JILDING DEPARTMENT
TOWN UALL
76.5- 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS
This application must be filed in typewriter OR ink and submitted to the Building
Inspector with the following; for new buildings or new use:
]. Final survey of property with accurate location of all buildings, property lines,
streets, and unusual natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage-disposal(S-9 form).
3. Approval of electrical install~Eion from Board of Fire Underwriters.
4. Sworn statement from plumber certifying that solder used in system contains less'
than 2/10 of IZ lead.
S. Commercial buildings, industrial buildings, multiple residences and similar.'
buildings and installations, a certificate of code compliance from the Architect
or Engineer responsible for the buil'dlng.
6. Submit Planning Board Approval of completed site plan requirements.
For existing buildings (Prior to April 9, 1957] non-conforming uses, or buildings
and "pre-existing" land uses:
I. Accurate survey of property showing all property lines, streets, buildings and
unusual natural or topographic features.
2. A properly completed application, a consent to inspect signed by the applicant
and a certified abstract of title issued by a title company which shall
show single and separate ownership of the entire lot prior to April 9, 1957.
· If a Certificate of Occupancy is denied, the Building Inspector shall state the
reasons therefor in writing tn the applicant.
3. Date of any housing code or safety inspection of buildings or premises, or other
pertinent information required to prepare a certificate.
For Vacant Land Certificate of Occupancy:
i. An application for vacant land Certificate of Occupancy shall be submitted,
and a certified abstract of title issued by a title company showing single and
separate ownership of,the entire lbt prior to April 9, J957 shall also accompany
the application. If a Certificate of Occupancy is denied, the Building Inspector
shall state the reasons therefor in writing to the applicant.
FEES:
I.
CERTIFICATE OF OCCUPANCY - New Dwelling $25.00, Additions to Dwelling $25.00,
Alteration to Dwelling $25.00, Swimming Pool, $25.00. Accessory building $25.00
Addition to Accessory buildings, $25.00 - Businesses $50.00.
Certificate of Occupancy on pre-existing dwelling - $100.00.
Copy of Certificate of Occupancy - $5.00 - over $ years - $I0.00
Vacant Land Certificate of Occupancy - $20.00
Updated Certificate of Occupancy - $50.00
Temporary Certificate of Occupancy -$]5.00 Residential
Commercial
er. I0/14/88
TOWN OF SOUTHOLD
BUILDING DEPAKTHENT
TOWN HALL
SOUTNOLD, NER YORK
765 - 1802
I
BLDG. DEPT.
TOWN OF SOUTHOLD
APPLICATION FOR CERTIFICATr~ OF OCCUPAt~C¥
Location of Propercy ..: .................... ..
~0 NO. STREET ~AMLET
~SecCzon ...... Block ..... LoC' . ......
Subdivision ............. i ........ ~iIed
' ' ' ~3P ........ LoC ..........
Permi: No ...... Da~ie of Permit ..... aontican~ IL ~
.................. ~nd~r~ri~ers Approva
Request £or Temporary Ce:r~,,z£1caCe ....... Final
Fee Subm:[::ed: $~.~.L.C~..: .............
rev- 10114/88
THE NEW YORK BOARD OF FIRE UNDERWRITERS
BUREAU OF ELECTRICITY
00740 85 JOHN STREET, NEW YORK, NEW yORK 1003B
"o,~ ~ob~y 04. 19~7 Ap,.,,~.,,o. Na...~,,~ ~/~ N 792127
THIS CERTIFIES THAT
o~y t~ e~ctrica/equipment ~ &scribed be~w and i~trodaced by the appl~a~t ~d on the a~ve application number in the premises o~
Tart~ Oil Co., ~iddle Road, & ~lio ~ad, Peconi~, ~,~.
~S examined on J~&~a~ 29 t ~987 and found to be in cootpllance a'it h the reqtt~reotent s of this Board.
FIXTURE FIXTURES RANGES OVENS
OUTLETS SWITCHES FLUORESCENT
Lot
EXHAUST FANS
32 6 21
DRYERS
SYSTEMS
NO. OF FEET
E
)THER APPARATUS:
Ele¢. Water Hea~ers: l-l.6$kw
Motors: 2-3h~ 1-1bp, 8-Fhp
A w G NO OF HI-LEG A W G INO ~OF NEUTRALS
OF CC, COND OF HI.LEG __
3/0
Redmond El~c. CO~.
242B Rt. 109
Fazmingdal~, N.Y. 11735
Lio~863
GENERAl. MANAGER
THis certificate must not be altered in any mann.~; return fo the office of the Board if incqrrect. Inspectors may be identified by their credentials.
COPY FoR BU~ILDING DEPARTMENT. THIS COPY OF CERTIFI~,M~$T~iNOT BEii~I~,tERED IN ANY ~NNER
i -
Signature
WILLIAM ~), MOORE
PATR[CIA C. MOORE
MOORE & MOORE
ATTORNEYS AT I.AW
SUITE 3 CLAUSE COMMONS
MAIN ROAD P,O. BOX 23
MATTITUCK, NEW YORK 119S2
September 21, 1989
Southold Town Planning Board
Town Hall
Main Road
Southold, NY 11971
Re: Tartan Oil / Peconic Mobil
Dear Members of the Board:
I am writing to confirm that your Board has authorized the
Building Department to issue a Certificate of Occupancy for the
Peconic Mobil station.
Please advise me if this is not correct information.
VetZ tr%~l-~yours,
William D.'-Moore
WDM/mr
cc: Tartan Oil Corp.
Building Department/Vic Lessard
Permit No. 14696z
STATE OF NEW YORK: COUNTY OF SUFFOLK ss.:
I, William H. Mauff, being sworn, say; W.H.M. Plumbing & Heating Contractors,
Inc., D/B/A Your Plumbing Company, hereby certifies that at the Mobil Gas Station
on County Road 48 in Peconic (the corner road being Pauls Lane) we installed all
copper domestic water piping using 95/5 solder as per New York State Code.
W.H.M. Plumbing & Heating Contractors, Inc.
D/B/A Your Plumbing Company
Sworn to bef..ore me o~m~
Notary Public
LAURA A. BUSH
Notary Pubhc, State of New York
No. 4817063
Qua{ified in Suffolk County
Commission Expires May 31
W.H.M. Plumbing & Heating Contractors, Inc,
D/B/A Yofir Plumbing Co.
16 Hulse Road East Setauket, New York'11733
(516) 473-3568
Fa~ # (516) 473-3762
Unico Service
57 Mall Drive
Comm~ck, N.Y. 11725
Attention: Bill
January 4, 1990
Dear Bill,
W.H.M. Plumbing & Heating Contractors, Inc., D/B/A Your Plumbing COmpany, hereby
certifies that at the Mobile Gas Station on COunty Road 48 in Peconic (the corner
road being Pauls Lane) we installed all copper domestic water piping using 95/5
soder as per New York State Code.
Sincerely, ' /
William H. Mauler President
WM/j lh
FIELD INSPECTION DATE COMMENTS
F OU~D~ I~ -- (1st) ~
FOUNDATION (2nd) - P~F_ ~
ROUGH FRAME &
PLUMBING
INSULATION PER N. Y.
STATE ENERGY
CODE
4.
ADDITIONAL COMMENTS:
'FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
$OUTHOLD, N.Y. 11971
\ TEL.: 765-1803
Examined..~J4...a~....~..~..., 19~..~.
Approved.... . . 19 5. Permit No. 5..%
Received ........... ,19...
Disapproved a/c .....................................
................................ .....
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date . ~a..n.u.a.r.y..6 ...... ,198..6.
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on promises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, buildir~g,j~e, housing co~d~, and regulations, and to
admit authorized inspectors on premises and in building for necessary inspectj!ffnfij~/,y //[/~ _ .//_
(Signature of applicant, or name, if a corporation)
...~ q: .~.o..~...q~¥ .... ¥~..~..~.o..<~.~. ~..,q..~..//.f).
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Allen W. Ovsianik .. .............................
Name of owner of premises ..................... - .........
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
............ .~/.% ..............................
(Name and title of corporate officer)
Builder's License No ..........................
Plumber's License No .........................
Electrician's License No .......................
1. Location of land on which proposed work will be done.. ?lfi..d.d.l.?..R.o.a..d.,..P..e. 9.o.n.J:9,..~]e.V' .Y. qr..k ............
House Number Street Hamlet
County Tax Map No. 1000 Section ..... .7.4 ........... Block ........ 4. ......... Lot ...... 7 ............
Subdivision ........ ~/A ......................... Filed Map No ..... .- ......... Lot ..... .- ......... (Name)
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy N/A
b. Intended use and occupancy ...~ '~ z~- .~...~..~..~/~ C 5f?..~..w? .Q.~. ............
3. Nature of work (check which applicable): New Building ...X ' Addition .......... Alteration ..........
Repair . .".'~ .......... Removal ...... '7.- ...... Demolition ...-.'7 ......... Other Work. :-.'~ ...........
(Description)
4. Estimated Cost ..... .$.5.3. ,. 0..09... Q .0 ..................... Fee ......................................
(to be paid on filing this application)
5. If dwelling, number of dwelling units ...bI/A ......... Number of dwelling units on each floor .... N./.A .........
If garage, number of cars ....N/.% .................................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ~.~.g.~.]-. %~...rv..i~...S~.t;i. gn
7. Dimensions of existing structures, if any: Front... N/3% ........ Rear .... 'z ......... Depth .... ? ...........
Height -.-. ............. Number of Stories .... .-.-. .................................................
Dimensions of same structure with alterations or additions: Front .... .7.7 ........... Rear ....-.'z ............
Depth..-.': .................. Height ..... ':7 ....; .......... Number of Stories .... ':.7 ................
8. Dimensions of entire new construction: Front .... .3.z. ........ Rear .... 3. .~. ' .. Depth ~- v '
Height -/'/cO" NTumher of ~tnrle~ /
9. Size of lot: Front ....1.9.4[ ...5.4..f.O~.t ...... Rear...J.~.5...5.0. f~qgl .... i Depth .1.8.2., ~..f,~o~: .........
10. Date of Purchase (.Io~c~). P, prj.,1, 24.,. ,l,9.85. ........ Name of Former Owner .. J.erry..V..i llani ...........
11. Zone or use district in which premises are situated....B.r J: ..............................................
12. Does proposed constmction violate any zoning law, ordinance or regulation: ...~J9 ...........................
13. Will lot be regraded ..... Y..e.s .................... Will exq~ss fill he re0a~oved from premises: Yes No
14. Name of Owner of premises .A~.i..e~. J.q:..O3,~..i..a_~. '.~5... Address .~oc~,cl .S ,y .... Phone No...7.3. 4- 56.0. 2. ....
Name of Architect ........................... Address ................... Phone No ................
Name of Contractor .......................... Address ................... Phone No ................
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and~indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or comer lot.
SEE DRAWINGS.
STATE OF NEW YORK,
COUNTY OF..SUI~F.O. LI5 ....... S.S
ALLEN W. OVSIANIK
................................................. being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
above named.
He is the ........................................................................................ ..
(Contractor, agent, corporate officer, etc.)
~'fxsl~il~ owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
...... .6.t.h. .............. day of ..... q.a.n.u.a..r¥ ......... 19 .8.6. ./~~~
Notar,5,.Public, ... ~ ........ .S.u.f..f.o.l.k. ............ County //~ ~
Notary Public BAP, n~',P~A Db',CHUN (Signature of applicant)
Notary Pubiic, State o~ flew York
No. 52-4635190 Suffolk Countu
~ommission Expires March 30, 19~
Permit No. A~,?.Z3 ......
PERMIT UNDER SECTION 136 of ARTICLE VI of HIGHWAY LAW
WHEREAS, a certaln highway known as the Middle Road C.R. No. 48
has been improved and is on the Suffolk County Road System end
Tartan Oil
WHEREAS,
P.O. Box 1017, Melville, NY 11747
re uests er ission to
build 210LF-+ of concrete curb, 6" asphalt paving, driveways to be signed ~r r~g~t turns
in & right turns out; restore County R.O.W. All per S.C. Specs & Typical Sections. On
aspersketchormepeltached, the s/s/o Middle Road, C.R. 48, @ s/w/c of Public Road, Hamlet of
Peconic, Town of Southold.
NOW, THEREFORE, permission is hereby granted to said Tartan Oil
to do said work upon the following conditions:
CONDITIONS AND RESTRICTIONS
1. When concrele Is removed, cul concrete wtfh concrele saw Iwo feel outside the limits of Ihe proposed
excavagon and for Ihe full panel width. When Ihe cut is made In pavement wllhln 10 teal of the panel Jolnf, Ihe
pavement shall be removed for lull panel width Iron the cut on the far side el the excavation to the panel joint.
2. Backllll and thoroughly compact IIII using POWER TAMPER, placing soils so that various types of soil are In
same relative position as before excavallng. Grade to original surface.
3. Replace pavement, sidewalk or surface same as existing; if concrete, replace using 1:1:3/4:3 1/2 mix siena
mix concrete; if bilumlnous material, replace using same lype aa removed.
4. tf concrete curb Is removed, replace with similar curb 1:1 3/4:3 1/2 mix.
5. Edge of Jacking Pits or any olher excavation shall be not less lhan 5 feel Iron Edge of Pavement. No
undercutting allowed In Pit.
6. Noilly Ihe Department at Yaphank924-3451 when Ihe workls to begin so that enlnspecllon canbe made el
the operegon.
This permit shall not be assigned or transferred without the written consent of the Commissioner of Public Works.
The work authorized by this permit shall be performed under the supervision and to the satisfaction of the Commissioner of Public
Works or his representative.
Particular attention is called to the necessity of thoroughly compacting the back fill, which will be required by the Commissioner of
Public Works.
The Commissioner of Public Works shall be given one week's notice by said applicant of the date when it intends to begin the work
authorized by this permit, and prompt notice of its completion.
The said applicant hereby agrees to hold the State, County and Town harmless on account of damages of any kind which may arise
during the progress of the work authorized by this permit or by reason thereof.
Applicant certifies all persons concerned with actual work under this permit are duly covered by Workmen's Compensation Insurance
and the State, County and Town shall be held harmless on account thereof.
The Commissioner of Public Works reserves the right to at any lime revoke or annul this permit should the said applicant fail to comply
with the terms and conditions upon which it is granted.
The appllcant agrees to pay all necessary expenses Incident lo supervision and inspection by reason of the granting of'such permit as
certified by the Commissioner of Public Works, such payment to be made within ten days from the rendering of the certified account.
Work under this permit to be commenced within Ihirty days from the date of permit and continued in an expeditious manner.
The applicant shall submit a detailed plan of structure to be built, with a description of proposed method of construction.
It is understood that should future changes in the alignment or grade of the highway require changes in the work covered by this
application and permit, th~ applicant shall on reasonable notice from the Commissioner of Public Works make such necessary changes at
his own expense within the time so specified in notice.
Traffic shall be maintained by the applicant on this section of the highway while the work is in progress and until its final completion.
Certified Check . 0 0,00
A ~ ~ in the sum of $ ...~,..0 .............................. payable to the County Treasurer of Suffolk County is
~en~fiol:ited assecv t~thatthehtghwaywillberestorndtottsorigina condt onwheredisturbedattheexpenseoftheapplicant, aasoonas
tbe workhas* Yc pl;sd. endthesaid CommissionerofPuh,cWorkslsherebyautborizedtoexpenda, orasmucbolsuchdepo ,as
may be neck'?ertl ~l.ha~ purpose, sbould the said applican! neglect or *eluse to perform the work.
In cons~der~ib ~qf.g~nting this permit the undersigned accepts it subject to conditions described.
.......... l>~¢m e~:. 22,. J. Olt6 .................
Date
TO AVOID SERI~ ~S DAMAGE TO VITAL UNDERGROUND FACILITIES, PLEASE CALL LONG ISLAND LIGHTING COMPANY AT
JUNIPER 2-9000 :1 FOR TELEPHONE FACILITIES CALL N.Y. TEL. CO. FLORAL PARK 2-OFFICIAL 25 BEFORE STARTING THE
WORK AUTHORIZED BY THIS PERMIT.
CC: Town of Southold
Form P-136 4~.~or: .,3
william D. Moore
Patrlcla C. Moore
MOORE & MOORE
Attorneys at Law
Clause Commons Suite 3
Main Road P.O. Box 23
Mattitnck, New York 11952
Tel: (516) 298-5674
Fax: ($16) 298-5664
MAR I 31990
Margaret Rutkowski
Secretary
March 9, 1990
Southold Building Department
Town Hall
Main Road
Southold, NY 11971
Re: Tartan Oil / Peconic Mobil
B.P. No. 14696Z
Dear Ladies/Gentlemen:
Enclosed please find two (2) letters from the plumber regarding the solder
used at the above premises. It is our understanding that all that is necessary
for the issuance of a Certificate of Occupancy for the premises is Health
Department approval. We will forward same to you under separate cover.
Please advise if there is anything further that you need.
WDM/mr
Encls.
Our file # 163-87
cc: Tartan Oil Corp.
MOORE & MOORE
ATTORNEYS AT LAW
MAIN ROAD P.O. BOX 23
(S 16) 298- 567~
· ",,,~ u~ ~r2L,,THOLD
August 2, 1988
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, New York 11971
Re: Tartan Oil/Peconic Mobil
Dear Members of the Board:
In response to your letter of May 18th, the owner of the Peconic
Mobil Station commissioned a lighting study to be done based upon
concerns that had been raised regarding the amount of light on
the property.
Enclosed please find the specifications with respect to the
lighting in Peconic. Also enclosed is a copy of the lighting
study which was done. The original lighting at Peconic consisted
of the "Riviera" model of lighting which consists of drop lenses
with glass on five sides. After conversation with Valerie Scopaz
it was agreed to replace this style of light with the "Marquis"
style of light which is a one sided lens which is a flush lens
with metal shields around all sides. The lighting study was
done after these lights were replaced and the results are
indicated on the study itself.
The replacement lighting fixtures have corrected the lighting
problems at Peconic and the lighting survey bears this out. The
site does comply with the requirements of the Town Code and we
respectfully request that the Board authorize the Building
Department to issue a certificate of occupancy. If I may provide
any additional information please do not hesitate to contact me.
WDM:er
encl.
cc:Tartan Oil Corp.
Southold Building Dept.
DocId:080288.2
mo, rquis/Riviero,
PRODUCT FEATURES
Lurninaire-One piece welded ak~minum housing, Com-
pletely waterproof. The extruded aluminum refractor frame
is mitered and sealed with adhesive to the refractor. Re-
fractor frame is hinged to luminaire w~th concealed alumi-
hum h,~ges and locked with stainless steel % turn fasteners.
Neoprene gasketing seals housing and refractor Neoprene
backed stainless steel washers assure a waterproof seal
between lummalre and ca~opy.
Lampholder-Enclosed, qlazed porcelain socket with spring-
loaded, nickel-plated center contact and lamp grip mogul
screw shell.
Integral Ballast-Starting rated to -20OF; mercury vapor and
metal halide lamp ballasts are constant wattage autotrans-
former type.
Finish-White, baked-on alkydmelamine. All finished sur-
faces are degreased, deoxidized and etched before finishing.
Whiteway's finish is guaranteed for 5 years.
Lamps-Furnished with a single lamp; 250 or 400 watt
deluxe mercury vapor or 400 watt metal halide and high
pressure sodium lamp,
Marquis--Flat Prismatic Glass.
Riviera-2" Drop Symmetrical Clear Acrylic.
~ , · This report has been prepared in accordance with lES guides on testing procedures. It is representative of luminaires tested under standardized
LUMINAIRE SERIES 390§9-09 2 (Flat Glass}
LAMP 400W Clear Metal Halide
RATED LUMENS 32,000
LUMINAIRE SERIES 39099-46 4 (Drop Symmetric Refractor}
LAMP 400W Clear Metal Halide
RATED LUMENS 32,000
ORDERING SELECTION LUMINAIRES
MERCURY VAPOR
250W Luminaire w/C73 Flat Glass 33 30059~03 5
250W Luminaire w/Acrylic Drop Symmetric Refractor 33 39059-42 3
400W Luminaire w/C73 Flat Glass 33 39059-05 0
39059-43 1
400W Luminaire w/Acrylic Drop Symmetric Refractor 33
METAL HALIDE
400W Luminaire w/C73 Fiat Glass 39 390S9-09 2
400W Luminaire w/Acrylic Drop Symmetric Refractor 39 39059.46 4
HIGH PRESSURE SODIUM
400W Luminaire w/C73 Flat Glass 55 39059-33 4
400W Luminaire w/Acrylic Drop Symmetric Refractor 55 39059~49 8
Note~ Specify t~ll~st vo~ta~e--120, 20~,, 240, 277 or 480.
OPTIONS
Recess Kit 15 47045-01 8
Plaster Frame 6 47026-01 8
Pendant Mounting Kit 12 47090-01 4
For Quartz Auxiliary Lighting System Add Suffix QZ
AVAILABLE WITH QUARTZ AUXI LIARY LIGHTING SYSTEM
Adaptor
24" Rough Opening
Piaster
Recessed
Pendant
4
Southo!d Town Board of Al peals
HAIN RI3AD STATE RnAD 25 SOUTHOLD, L.l., N.Y.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRtGONIS, JR.
SERGE DOYEN, JR.
ROBERT J, DOUGLASS
JOSEPH H, SAWIC~41
William D. Moore, Esq.
Clause Commons, Suite 3
Main Road, Box 23
Mattituck, NY 11952-
April 4, 1987
Re: Appl. No. '3597 - Tartan Oil Co. (Special Exception)
Dear Bill:
Thi'~ letter will confirm that the board members have
reviewed your recent correspondence at our Regular Meeting
held last evening concerning the above matter.
With reference to your second and third paragraphs,
please be advised that the .board members would not offer
a motion to reconsider our previous decision based on the
reasons given in your request in order to allow self-
service kerosene and diesel. Although "partial self-
ser¥ice'~asoline service stations" are listed as a permitted
use by Spec~l' Exception under Article VII, Section 100-70(B)[5],
the self-service operation of diesel and kerosene fuels is
not spe.cifically listed as a permitted use (by Special
Exception). The.specifics necessary to permit the self-
service operation for the sale of kerosene and diesel
did not appear sufficient in the Board's opinion and
the Board accordingly disallowed it as indicated in our
March 5, 1987 decision.
With reference to paragraphs 4 and 5 of your letter,
please be advised that the amendments requested were not
p.art of the previous application under No. 3597, and
accordingly, may not be .considered except by separate
Page 2 April 4, 1987
To: William D. Moore, Esq.
Re: Tartan Oil Co. Appl. No.
3597
formal application.
Enclosed for your convenience are packages for a
variance application and special exception application in
the event you choose to file in the near future.
Your's very truly,
GERARD P.
CHAIRMAN
GOEHRtNGER
lk
Enclosures
cc: Building Department
Planning Board
29 IRVING DRIVE WOODBURY, NEW YORK 117,9~7
PHO~F* ($16) 692-8~16
AU~ObIATIC,FIRE EXTIngUISHeR REP,ORT
LOCATION/NAME__ Mobil ~il
, S6und Rd &
S~ST~M Pemall
Paul Lane PGS-70
Peconic NY
GaS s~&tion system
We have completed the installation of the automatic fire extinguisher
system at the above location.
Installation was completed and tested: 12/17/86
Disposition (How Tested) 12/17/86 physcial ~est
Date
Town Permission to install %,
Zns~&llation was done in accordance with:
PEMALL PGS-70
Manual
N~te's
Installation Company Name?
Notary ~ ~-~-.~_~.-w
/
County
/ Title ,,,
ELITE ACTION EXTINGUISHER EQUIPMENT & SERVICE INC
~omi~llssioa ~xpires June
Term Expires
T WN EI'F S El,_ UTH O "'' '
rIFFlE:E: OF,BUILDING INSPEDTr"IR.r
Dote .......... 0 ~ ........ ,~,, .............../c~(o
Suffolk County
Yaphank Ave., Yaphank, N. Y.
Deqr Sir:
In. accordance with Section 239K of the General Municipal Low of the
consolidated Laws of the State of New .York, this is to noti{y the Commis-
sioner of Public Works of the County of Sulfa k that ....T...a..r...t..a...n....O...z..1....C..o...m. pany,
P.O. ;Bo× 1017, MeZville/'N¥ 11747
has applied to the Town of Southold for a permit to construct n building
on Co.u...n,%.l~...R.o.u, te 48, 'Peconic, Tax Map No. 1000-74-4-6.
as shown on the attached plot plan, submitted in triplicate, d~ted ~Sz ........
.... ¢..~.,.....Z.~.,8..6. ..................... and titled ..'i..~..~.,,~.~...~.....O.~..1....C...°.,m,~.,~.,~.~.~] ...........
We shall withhold further action on this application for ten days or as
otherwise provided in the aforementioned Section 25C)K.
i0/20/86-AP~ROVED.~ To the Tow~ of Southold
pursugnt to Section 239K.of th~""General VeW truly yours,
Municipal Law subject to ,-the stated co~d±tions:
As per revisions & comments in red..A ~ermit,/
'is required pursuant' to Section 136 of th~;
Highway Law. ,Only one (1) access to C.R~,.,'48
'will be allowed. ,Right turns' in and right
turns out SUFFOLK COUNTY DEPT. OF PUBLIC Building Ir~spector
only; ~. WORKS. Town o~ Southold, N. Y.
signed ' A. BARTON CASS, COMMISSIONER
accordingly. ,.
*As per phone com~aunication of 10/3/86 with the Town
· (D.' Sch~l~,.ze, Planning ;Board, 765-1938)
CHIEF ENGINEER ,, -,. - ....
December 23, 1986
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, NY 11971
Dear Mr. Orlowski:'"
Re: Tartan Oil amended site plan
This letter is being submitted to the Southold Town Planning
Board in compliance with the conditional site plan approval
requiring a detailed list of the items intended to be sold in the
sales area of the kiosk.
The station will offer for sale only those items permitted
for sale in the B-1 zoning district in which the property is
located. The items to be offered are those commonly found in a
small convenience store; such items will include the following:
soda, beer, milk, bread, butter, eggs, hot coffee, newspapers,
magazines, and sundry items and notions. No foodstuffs that
would require a food service permit from the Suffolk County
Department of Health for sale will be offered.
Very truly yours,
Barry Tattering
President, Tartan Oil Corp~
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ........ ~ ......................
~o~Z~..~ .~.~....%.. ~ ~ ....
....z~-..~...~... ~.~.....
PLEASE TAKE NOTICE that your application date~. '.~.[St-~. b~ ........19. ~...
for pemdt ,o construct. ~.. ~.~~. ~~..~ ....... at
Location of Property . .~.~.~.~ ....
County Tax Map No. 1000 Section ..'.~.~ ...... Block .... O. ~ ..... Lot . ~.~,.[ ......
Subdivision .................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on tile following grounds..~...~... ~.~. k ~ :.T~ 3
~.~...~ .... ~ .........
Building Inspector
RV 1/80
T
D
Southold, N.Y. 11971
(516) 765-1938
August 27,1986
Mr. Allen Leo~
Secretary
Tartan Oil Corp.
150 Broad Hollow Road
Melville, NY 11746
Re: Site plan for
Tartan Oil at Peconic
Dear Mr. ~eon:
The following action was taken by the Southold Town
Planning Board, Monday, August 25, 1986.
RESOLVED that the Southold Town Planning Board approve the
amended site plan for Tartan Oil Corporation (formerly Allen
Ovsianki) for construction of a gas station located at County
Route 48, Peconic, survey dated May 31, 1986, tax map no.
1000-74-4-6; subject to:
detailed list indicating those items
sold in the sales area of the kiosk.
Receipt and approval by the Planning Board of a
intended to be
If you have any questions, please don't hesitate to contact
our office.
cC~~ndgL~erpkar tment
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
T' iLD
Y
Southold, N.Y. 11971
(516) 765-1938
August 7, 1986
Mr. Victor Lessard
Executive Administrator
Town Hall
Southold, NY 11971
Re: Tartan oil
Dear Mr. Lessard:
The following action was taken by the Southold Town Planning
Board, MOnday, August 4, 1986.
RESOLVED that the Southold Town Planning Board refer the amended
site plan of Tartan Oil Company, for construction of a gas
station located at North Road, County Route 48, Peconic to
the Building Department for certification. Survey dated as
amended 5/31/86.
Enclosed are three copies for your review pursuant to
certification.
Please contact this office if you have any questions.
Very truly
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
Southold Town Board of Appeals
MAIN RnAD- sTATE R{3AD Z5 SE3LITHE]LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
ROBERT .J. DOUGLASS
JOSEPH H. SAWICKI
June 24, 1988
~.CENED
jUN 24 1988
TO:
RE:
Office of the Town Clerk
Notices of Petitions, Petitions in the Matter
of Tartan Oil Co., Main Road, Mattituck
Appl. No. 3633 and No. 3636
Transmitted for your record are copies of the above two Notices
of Petition, Petition, etc. received today at approximately 2:50
p.m. Copies of same have been hand-given to the Town Attorney's
Office at this time al~o.
lk
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TOWN OF SOUTHOLD,
Respondent.
cc: Town, Board
Town Attorney
Chief of Police
Super. of Hiqhways
Grlffing & .~outhwick
McMann PrIce
William Mullen
Bldg. Dept.
NOTICE OF PETITION
'Index No.
PLEASE TAKE NOTICE, that upon the Petition of
Tartan Oil Corp. ("Tartan"), verified on the 23rd day of
June, 1988, and upon the annexed Affidavit of Barry
Tallering, sworn to on the 23rd day of June, 1988, the
annexed Affidavit of Joel H. Joseph, Esq., sworn to on the
23rd day of June, 1988, and the exhibits attached thereto,
and upon all testimony, papers and proceedings had before the
Respondent, Board of Zoning Appeals of the Town of Southold,
("Board"), with respect to the matters set forth in the
Petition herein, the undersigned will move this Court at an
IAS Part thereof, to be held in and for the County of
Suffolk, at the Suffolk County Courthouse, located at 235
Griffing Avenue, Riverhead, New York on the /~day of July,
1988, at 9:30 A.M. or as soon thereafter as counsel can be
heard for:
1
!) a review of the determination of the
Respondent! Board denying Petitioner's application for an
Interpretation of Article VI, S100-62.B, Chapter 100 of the
Code of t~e Town of Southold ("Zoning Code") referring to
retail sh,~opping centers, or, in the alternative, for a
Variance f~om said Article VI, S100-62.B of the Zoning Code,
to permit ~stablishment of a retail shopping center on a less
than one-aCre lot, so as to establish a convenience store as
an accessory to the existing gasoline service station on the
premises, ilocated at the south side of Main Road along the
west sideI of Marratooka Lane and" along the east side of
Sunset Avenue, Mattituck, New York, and,
2) for a judgment annulling such determination
and directing the Respondent Board to grant Petitioner's
applieati6n for such rel£ef upon the grounds that the
determination of the Board under review herein, is illegal,
arbitrary,i capricious, unjust, contrary to law, and an abuse
of discretlion; and
i3) such other and further relief as this Court
deems justi and proper.
PLEASE TAKE FURTHER NOTICE, that demand is hereby
made that Respondent certify and send to this Court within
the time ?resoribed by C.P.L.R. S7804(e), all actions and
proceedings of the Board in
designated Appeal No. 3636,
2
the above-entitled matter and
with a certified copy of all
petitions, appeals, applications,
documents, letters, affidavits, diagrams,
any and all other papers before or acted
together with a certified copy of
determinations, decisions and opinions of
minutes of all proceedings, hearings, and
reports, notices,
plans, drawings and
upon by the Board
all resolutions,
the Board and the
the reports of all
inspections and examinations and all other matters and things
considered or acted upon by the Board in arriving at the
determination now under review for the purpose of reviewing
all the acts and proceedings of the Board in the matter of
the Application of Tartan Oil Corp~'% Appeal No. 3636.
PLEASE TAKE FURTHER NOTICE that answering papers,
if any, must be served on the undersigned at least five (5)
days before the return date of this Petition.
Dated: Mitchel Field, New York
June 23, 1988
Yours, etc.,
LEVINE & ROBINSON, P.C.
50 Charles Lindbergh Boulevard
Mitchel Field, New York 11553
(516) 794-6900
Attorneys for Petitioner
To:
Board of Zoning Appeals
Town of Southold
Main Road - State Road 25
Southold, New York 11971
(516) 765-1809
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TOWN OF SOUTHOLD,
Respondent. '~ :
PETITION
Index No.
ii TO THE SUPREME COURT OF THE STATE OF NEW YORK:
Petitioner, Tartan Oil Corporation,- by its
attorneys, Levine & Robinson, P.C., as and for its Petition
pursuant to Article 78 of the C.P.L.R. to review a Decision
and determination of Respondent Board of Appeals filed May
27, 1988, in Application No. 3636, respectfully alleges as
follows:
1. Petitioner, Tartan Oil Corporation ("Tartan"
or "Petitioner")
, is a corporation duly organized and
existing under the laws of the State of Delaware and duly
licensed to do business in ~.~ Yo'rk, with principal offices
at
150 Broad Hollow Road, Melville, New York 11747.
1
Respondent, Zoning Board of Appeals ("Board"),
is the dui~ly constituted Board of Appeals of the Town of
Southold, ~ounty of Suffolk, established pursuant to $267 of
the Town Law.
~. Petitioner is the owner in fee of certain real
property ~ocated within the hamlet of Mattituck, Town of
Southold, County of Suffolk, and situated at the corner of
Main Road,i Marratooka Lane and Sunset Avenue, Mattituck (the
"Premises"!). The Premises are presently operated as a full
service st.lation in compliance with the Zoning Code.
:!4' The Premises were the subject of an
Application to Respondent Board requesting an interpretation
and/or Variance of Article VI, $100-62.B, of Chapter 100 of
the Town of Southold ("Zoning Code") concerning
the Code 6f
the establishment of a convenience store as an accessory use
to an existing gasoline service station.
i5. The aforesaid Petition was presented and heard
on February. 18, 198~ and continued on April 14, 1988, at the
Town Halli of the ~own of Southold, in conjunction with a
companionl Application No. 3633-S;E. filed by Petitioner to
review the denial of a Special Exception on the same
Premises.
i6. On or about May 30, 1988, Petitioner's
attorneys[ received a copy of Respondent's Decision dated May
12, 1988~ denying. Petitio~ the Variance requested, and
indicatin~ that the original thereof had been filed in the
Office of the Town Clerk on May 27, 1988. (A photocopy Of the
Decision is annexed herewith as Exhibit No. "1".)
7. The Premises is located in the "B-l" General
Business Zoning District and is identified on the Suffolk
County Tax Map as District 1000, Section 115, Block 3, Lot 9,
containing a total area of approximately 34,700 square feet
or approximately three quarters (3/4) of an acre.
8. The' Premises fronts along three streets as
follows: along the south side of Main Road (State Route 25)
201.82 feet; along the west side of Marratooka Lane 185.95
feet; and along the east side of Sunset Avenue 158.89 feet.
9. Petitioner, which is in the business of owning
and operating or leasing to operators gasoline service
stations throughout the counties of Nassau and Suffolk, has
been the fee owner of the Premises since 1970 and has
continuously maintained thereon a gasoline service station.
10. The Board in its Decision found that the
Premises comprised "a previously established full service
gasoline station" (Exhibit No. "1", ~ll), and that as far back
as 1956 the Premises "was used as a gasoline sales office and
minor vehicle repairs and that
existed". (Exhibit "1", ~4(a).)
11o On May 30, 1986,
one gasoline pump or island
the Town of Southold Building
Inspector duly issued a "Certificate of Occupancy-
Nonconforming Premises'~?#Z14455. stating that the
nonconforming Premises "existed on the effective date the
present Building Zone Code of the Town of Southold, and may
be continuled pursuant to and subject to the applicable
provisions 'of said Code." (A photocopy of this document is
annexed hereto as Exhibit No. "2".)
112. On or about March 17, 19~87, Petitioner applied
to the Town Building Department for a permit to perform
in order
certain construction and
renovation to the Premises
self service operation
as an accessory use.
and to
to convert~' it to a partial
' ' store"
install a convenience
~3. By Notice of Disapproval dated April 1, 1987,
the application was denied by the"Building Inspector on the
grounds, relevant herein, that "Artiole VI 100-62.B requires
ZBA Varianlce for Shopping Center Status." (A photocopy of
this document is annexed hereto as Exhibit No. "3".)
~4. Petitioner took the position then, and still
does, thait a "convenience store", i.e., a small retail
operationi selling various food and non-food items in
conju~ctiolh with a gasoline service station, is
a
recognized
accessory !and incidental use, and as such does not require a
Variance, i~permit, or Special Exception from the Town. (See
photocopy, of August 19, 1987 letter from Petitioner's
attorney to Board of Appeals, annexed hereto as Exhibit No.
i15. A "retail shopping center" is a permitted use
in a B-1,'District by virtue of Article VII, Sl00-70.A(1)(d)
of the Z~ning Code, which relates back to Article VI, Sl00-
4
62. That section permits such usage subject to requirements
A. through I.
16. Article VI, ~100-62 defines a "retail
shopping center" as "a building or a combination of buildings
containing retail stores, mercantile establishments, offices,
banks and financial institutions, commonly known as shopping
centers .... "
17. Clearly the phrase "commonly known as shopping
centers", characterized by multiple independent retail uses
in one or more buildings, such as Roosevelt Field, Walt
Whitman Mall, Smith Haven Mall," etc., or smaller local
establishments commonly consisting of a supermarket "anchor"
with satellite specialty shops, or even the relatively new
"strip centers" being Constructed on Long Island and
elsewhere, cannot be compared with a single building with a
principal and accessory retail use by the same owner. The
interpretation of a gasoline
accessory convenience store as a
illogical, contrary to experience,
service station with an
"shopping center" is thus
and, frankly preposterous.
(See photocopy of Memorandum in Support of
hereto as Exhibit No. "5".)
18. Subparagraph B of Article VI,
the establishment of
that for
Appeal, annexed
§100-62 provides
a retail shopping center" ...
the lot area shall be not less than one (1) acre and the lot
width shall be not less than~he hundred fifty (150) feet".
19. Petitioner's parcel meets the width
requiremen:t but is about 20% short of the area requirement.
i20. Accordingly, on or about May 13, 1987,
PetitionerI caused to be filed an Appeal from the decision of
the Building Inspector in which:
i "Interpretation of Zoning Ordinance is
irequested for reasons that a retail
igasoline service station with a
iconvenience store has been ruled to be a
Iretail shopping center necessitating
compliance with S100-62.B which requires
minimum lot size of one acre. It is
irequested that this Board establish by
inter, pretation that the Cbnvenience store
~use is an accessory use to the gasoline
!service station and not an additional or
iseparate use establishing a retail
!shopping center of multiple independent
fuses. In the alternative, appellant
iseeks a variance from the one acre lot
irequ~rement for retail shopping centers."
i(A photocopy of the Appeal is annexed
hereto as Exhibit NO. "6".)
121. In its decision the Board considered
Petitioner's citation of the Board's prior decision in the
ApplicatiOn of SUKRU ILGIN AND OTHERS ("ILGIN"), Appeal No.
3618, dated April 23, 1987. (A photocopy of this Decision is
annexed h~reto as Exhibit No. "7".)
122. In ILGIN, the applicant applied for a Variance
of Article VI, ~t00-62.B of the Zoning Code for the
establishl~ent of a "convenience store" for the on-premises
sale of food and non-food~%tems, as a permitted "retail
shopping ~center", in conjunction with an existing gasoline
6
service station. The applicant was located in the same
Zoning District ("B-l" General Business) and on the same road
(Main Road - State Route 25) as Petitioner's Premises.
23. In ILGIN the premises contained a total
area of only 11,984 square feet or approximately 27.5% of
one-acre required under ~100-62.B. (The decision does
mention whether the premises meets the
at a total area of under 12,000 square
that it could do so (it would have to
long!)).
24. In ILGIN the Board'' unanimously
Variance, finding that a "convenience store" is
and incidental to the gasoline
minimal conditions. (Exhibit "7",
25. In its decision
lot
the
not
150' width rule, but
feet, it is doubtful
be 150' wide by 80'
granted the
"accessory
service station use", with
p. 2.)
the Board noted without
comment that a Certificate of Occupancy existed, and that a
site plan application was presently pending before the Town
Planning Board (in accordance with ~100.62.A). (Exhibit "7",
II6. )
26. The Board made the following additional
findings:
"(a) that the use as proposed is
consistent with and will promote the
general purposes of the zoning code and
maps; (b) the circumstances of the
property are unique; (c) there will not
be a substantial change in the essential
character of the neighborhood; (d) there
is no other method feasible for
appellants to pursue other than a
variance; (e) the relief requested is
7
~substantial in relation to the
:requirements; (f) the relief as
icond~tlonally granted will not prevent
ithe orderly and reasonable use of this
idistrict or. adjacent use districts; (g)
ithe safety, health, welfare, comfort,
iconvenience and order of the Town will
~not be adversely affected by the proposed
ibusiness use and its location; (h) the
iinterests of justice will be served by
!allowing the variance, as conditionally
:~noted below." (Exhibit "1", ~[7.)
i27. In its May 12, 1988, Decision herein, the
Board att.empted to distinguish its decision in ILGIN by
describin~ that application as:
"an area variance for'~ approval of a
convenience store for the sale of
packaged and non-food items (without food
preDaration or on-premises food
services), in conjunction with the
!existing gasoline station with minimal
!floor area for retail sales (less than
!700 sq. ft.). In that application an
:interpretation was not requested, and a
iconditional variance was granted for the
ismall-scale retail sales area and further.
:required that the use be related,
l'accessory and incidental to the existing
Igasoline station use.' There is no
.interpretation of record by this Board
idetermining any retail use to be an
!accessory use to a gasoline station."
i[emphasis in original] (Exhibit "1", ~19)
1'28. The Zoning Code, ~i00-13.B "Definitions"
defines "Accessory" as:
"A building or use clearly
incidental or subordinate to and
~customary in connection with, the
ipr~nc~pal building or use on the same
lot."
8
Specifically in a "B-l" District "accessory uses" are defined
as:
"Accessory uses on the same lot with
and customarily incidental to any
permitted use and not involving a
separate business."
(Section 100-60.C(1), made applicable by ~100-70.A(1)(c)).
29. Nowhere in the Zoning Code is there a list of
specific accessory uses which are either permitted or
prohibited with a gasoline service station.
30. Nowhere in the Zoning Code is there
definition, or even mention of, a "convenience store".
31. There is ample evidence in the record that
uses
are increasingly
convenience stores are now commonly accepted accessory
to gasoline service stations and that they
"customarily incidental" thereto.
32. In its decision herein the Board made the
following additional findings:
"(a) the variation is substantial in
relation to the requirements, being 8900+
sq. ft. or 20% less than the requirement;
(b) a substantial change will be
produced in the character of the
residentially-zoned neighborhood;
(c) a substantial detriment will be
created to adjoining residential
properties;
(d) strict ~a'pplication of the
ordinance will not prevent a reasonable
return upon the property for the existing
a
~se or other use permitted in this Zone
istrict;
(e) the project as submitted is not
compliance with all other zoning
~egulat~ons of the Town of Southold;
i (f) the variance, if allowed, may
cause traffic hazards at both street
intersections, and accordingly will be
9dverse to the health, safety, order
gonven~ence and welfare of the town;
: (g) in view of the manner in which
khe difficulty arose and in considering
all the above factors, the interests of
~ustice will be served by denying the
Variance, as applied, without prejudice.".
~'(Exhibit "1", ~4)
~o
The action.~ of the Building Inspector in
grant the application of the Petitioner for a
refusing
building permit for the construction of a convenience store
and in interpreting such use to be a retail shopping center
subject tO the one-acre area requirement of ~100-62.B rather
than a permitted accessory use, and the action of the Zoning
Board of Appeals in affirming the decision of the Building
Inspector and denying the application of the Petitioner to
said Zoning Board of Appeals were arbitrary, capricious,
unreasonable and unwarranted for the following reasons:
a) Both the Building Inspector and the Board
were arbi~'trary and capricious in categorizing the proposed
use as al"retail shopping center" in the face of a Zoning
Code definition which clearL~was inapplicable by reason and
experience.
b) Both the Building Inspector and the Board
were arbitrary and capricious in refusing to accept the
status of the proposed convenience store as a normal
accessory use customarily incidental to a gasoline service
station.
c) The Board acted illegally and beyond its
authority by setting up its own arbitrary and subjective
standards as to what constitutes an acceptable convenience
store (e.g., "packaged and non-food items" versus "on-
premises food services") in the absence of objective
standards in the Zoning Code.
d) The Board improperly held that a retail
convenience store is not an accessory use because it "is not
necessary for the operation of a gasoline service station"
[emph. supp.] thereby arbitrarily overriding the Zoning Code
standard of "customarily incidental" with its own irrelevant
and subjective standard ("necessity").
e) The Board acted arbitrarily, capriciously
and illegally by determining in the ILGIN case that a
convenience store could lawfully operate on a lot only about
one-quarter (¼) of the required size of a "retail shopping
center" as an accessory use to the gasoline service station
in a B-1 Zoning District, without doing harm to the character
of the neighborhood or the general purposes of the Zoning
Code, but that a convenience store could not lawfully operate
in a lot approximately eighty (80%) percent of the required
- 11
size in the
circumstan6es.
same Zoning District
This determination was made
under the same
upon an arbitrary
finding that "the variance is substantial in relation to the
requirements" herein (where the difference is approximately
twenty (20~) percent) whereas no such finding was made in the
ILGIN cas~ wherein
five (75%): percent.
f)
the variation was approximately
seventy-
The Board acted illegally in its
that the Variance "may cause traffic
of support in the record for such a
arbitrary! finding
hazards" iin the absence
finding.
The Board acted illegally in arbitrarily
denying t~e validity of a validly issued Certificate of
Occupancy-iNonconforming Premises and of raising the issue of
numerous alleged violations, all of which had no bearing
upon the s.~ubject application and were beyond the authority of
the Board!to make rulings upon in its determination herein.
iWHEREFORE, Petitioner prays that this Court issue a
judgment ~ursuant to Article 78 of the C.P.L.R. directing
said Zonihg Board of Appeals to issue a determination that
Petitioner's proposed convenience store is a permitted use
accessorylto its gasoline service station in a "B-i" Zoning
District 9r in the alternative issue a Variance of Article
VI, ~100-~2.B of the Zoning Code permitting Petitioner to
establish a convenience store as accessory to a gasoline
12
service station on a parcel of less than one (1) acre as a
retail shopping center, and for such other and further
relief as to this Court may seem just and proper, together
with costs of this proceeding.
Dated: Mitchel Field, New York
June 23, 1988
Yours, etc.,
LEVINE & ROBINSON, PoC.
50 Charles Lindbergh Boulevard
Mitchel Field, New York 11553
(516) 794-6900
13
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
BARRY TALLERING, being duly sworn, deposes and
says:
That I am the President of Tartan Oil Corp.,
Petitioner iin the above-entitled proceeding; that I have read
the foregoing Petition and know t'he contents thereof; that
the same i~ true to my own knowledge except as to the matters
therein stated to be alleged upon information and belief, and
that as tO those matters I believe them to be true. The
grounds of: my belief as to all matters in the foregoing
Petition, Stated upon information and belief, are based upon
the books and records of Petitioner.
Deponent further says
verification is not made by the
him, is that the Petitioner is a
Sworn to b.~fore me this
23rd day o~ June, 1988
~ARY pUBliC, 5rate of ~eW YO~
No. 30-4630269
Quo],f:ed ~n Nassau Cou W
Commiss on E~p,res ~
that the reason why this
Petitioner, and is made by
foreign corporation.
BARRY TA_~.LERING, as. Pr~sJ.d'ent of
Tartan-Oil Corporation
TO:
Wtl. liam. D. Moore. Esq.
T^.TA. O~L CORP.
Mattituck, NY )19§2
~Appellant (s) ]
taken
Access to Property
At a Meeting of the Zoning Board of Appeals held on May 12, 1988,
the above appeal was considered, and the action indicat---~d belo-~'w--as
on your
[ ] Request for Variance Due to Lack of
New York Town Law, Section 280-a
[ ] Request for Special Exception under
the Zoning Ordinance
Request for Variance to the Zoning Ordinance
Article V! , Section
~X~ -.. ~3 ;~.. ~.~', ~;- ~., ~ ~- r:' ~'~ -~,~ '~':4 ~~' -- ~.~r .~Z ~
, Public hearings were held In
APplication of T~R~AN OIL COR under Appl.
February 18, ]gaa,'%~-a--~Ti-~i, ]g88; and
~REAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, wrftte, statements have been submi%ted for the
record in favor and in opposition of the pending application;
and
WHF~[&$, the Ouard nas carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familar With the premises In question ~ts presen~ zoning, and
the surrounding areas; and '
WHEREAS, the ~O~rd made the fo)lowing f~ndfngs of fact:
l. This fs an lication requesting {al
tion lon.~/~ ..~ an Interpreta.
~lon t00-62 B) referring to shopping
tenters; and {b) as an alternative, a Variance to the Zoning
Ordinance, Article III, Section 1DO-122, From the one-acre lot
requirement for a retail shopping center.
Z. The prooerty in question is ]oo{J~ted in the
,~enero) Business Zoning District and is identified on the
Suffolk County Tax ~aps as District lO00, Section Il5, Block 3,
~ot g, containing ~ total area of apDroxiniataly .
34,x0~ sq. ft.
(CONT_~INU£D ON PAGE T~O)
~ATZD: May
Form ZB4 (rev. 12/8I)
CHAirMAN, SOUTHoLD TOWN ZONING BOARD
OF APPEALS
the Matter of the
No. 3636 on
~aneJ~x~. Awl. NO. 3636
Decision R~-~dered May
3, The subject premises fronts along three streets as
follow: along the south side of the Main Road (or State
Route 25) 201.82 feet; along the west side of Marra~ooka Lane
1B5.95 feet; and along the east side of Sunset Avenue 158.8g
feet. The premises is surrounded by properties zoned "A"
Residential and Agricultural.
4. ?he following information is furnished concerning
the premises, the existing building and structures, and
previously existing construction for the record:
ia) During lg$6, the premises was improved with an
one-story frame building set back 21 feet from the northerly
front property line [along the Main Road] and 71~ feet from
the easterly front property line [along Marratooka Lane],
a~ more particularly shown by survey prepared by Otto W.
VanTuyl & Son surveyed June 8, 1956. Although there is no
gasoline pump shown on this 19G6 survey, it is the Board's
understanding that that building was used as a gasoline
sales office and minor vehicle repairs, and that one gasoline
pump or island existed to the north of that building.
(bi Some time subsequent to'lg57, the building
was removed, and another building was placed as more
particularly shown on the june 15, 1970 Survey prepared by
Vanluyl & Son which shows setbacks from the northerly front
property line at 60 feet and from the easterly front
property line aL 40 feet. The record is unclear as to
whether or not Lhis building was constructed under a
buildi~9 permit and ~pproval by any ether town departments.
Town records do sh~w ~hat the subject premises during 1970
was zoned "A" Residential and Agricultural, and that a
gasoline-service station was not listed as ~ "permitted
use" [except in the "B-l" Business Zone District] since
April 1957)
(c) On or about June 7, 1965, the Zoning Ordinance
provisions for the "B-l" Business District were amended to
require a Special Exception approval by the Board of Appeals
for a building or prumises to be used as a gasoline service
station or public garage [Section 420-2];
(d) On or about November 23, 1971, the Zoning Maps
were amended to include the rezoning o~'~-6'(-~ property from
"A" Residential-Agricultural to "B-l" General Business, and
including the requirement for Site-Plan approval by the
Planning Board in addition to Special Exception approval by
the Board of Appeals, etc.
(e) No town approvals have been found during the
above time periods for the new~ located buildinqand~o_g-C,r
.... ~
site as existed sin~e__]~s dh~n__g_Q_~n 19_8~ to ~.~
(fi The record is unclear as tO iss~
permits for~ co~ii)J~cial buildin~ and sit~ prior to lg70~
(g) D~_?rin9 l~B~ ~ tJ~Le~&, the site
b_uJ_ ~LJ_L~oj_~were c.h~d, and as of this date, s~te-plan
approval has not been received from the Planning Board
as wel) as other zoning criteria which have not been
Complied with, ab fullows:
Page 3-- Appl. No. 3636
Ma~ter of TARTAN OIL CORP.
Decision Rendere~-~-~'y~--lgo8
wooded areas and
extensive blacktopping, eliminating natura!
other natural landscaping;
2. relocation of one gasoline island from the
previous loc~tion to a point lO feet from the northerly
property line;
3. creation of a second gasoline island
approximately 19 feet north of the building in the front-
yard area; ..
front yard area;
relocation of air pump in the westerly
5. creation of new colonnade with roof of
a size 24' wide by 59' deep in the frontyard area with an
insufficient setback of two feet [2'] from the northerly
front property line, and extending over existing building;
(Article VII of the Zoning Code requires a minimum setback
for buildings at not less than 35 feet from the front lines);
6. strucutural alterations of building,
including, hut not limited to, removal of two garage vehicle
overhead doors, placement of large picture window{s) new
store front, etc. ·
7. new placement of three or more pole
lights which create glare beyond the lot lines;
8. new placement of florescent (unshielded)
wall lights along the sides of the exist(rig building for
a total running length of approximately 36 feet which do
appear to be adverse Co Surrounding properties when used in
conjunction w~bh the overhead lighting unde, r the roofed
colonnade and the separate lighting poles;
9. conversion of garage bays and front
office area into a retail store for sales of beer,
prepared foods, and other items which are not incidental
or accessory to the gdsoline-service station use [see
this Board's action rendered under Appl. No 3633 same
date hereofJ. ·
lO. location of a
booth at the most northeasterly
near the Main Road;
glass-enclosed telephone
corner of the premises
ll. placement of new ground signs at
the most northeasterly corner of the premises near
Main Road.
the
5. Also noted for the record is a Certificate of
Occupancy for Nonconforming Premises #Z14455 dated
May 30, 1986 which appears to have been based or, the
June 8, 1956 Survey of Otto W. VanTuy) & Son for ~he
P,~mises and building as existed prior to 1957, but
which does not apply Since the bu~]~i~g referred Co
has been removed frnm its origina? footprint based upon
informatinn sub~i~ted. ~
Pa~e 4 -.Appl, No. 3626
.Matter of TARTAN OIL CORP.
Decision R~'~ered May'T2~-', lg88
6. Based on the facts in the record, it appears that
the applicant proceeded, as noted above, without appropriate
authorizations. The Board notes that there appear to be
several areas of noncompliance under the Zoning Code
{inc)udtng but not limited to Article VII, Sections 100-70,
lO0-11, Bulk and Parking Schedule, Article ×I, Section
lO0-119, Article XIII, Article XIV), such as setbacks,
site-plan consideration and approval by the Planning Board,
appropriate screening from the residential properties.
appropriate t~affic access and safety consideration,
building and sign permits, unobstructed corners at each
intersecLion, curbing, shielded lighting).
7. In researching Town records, it is noted that the
only building permit issued appears to be for the construction
of. the "canopy" under Permit #15833Z issued April l, lga/.
8. Article V~, Section 100-62 of the Zoning Code reads
as follows~
100-62, Retail Shopping Centers.
Notwithstanding any other provisions of this
Article, a building or a combination of buildings
containing retail stores, mercantile establishments,
nffic~s, banks and financial institutions, commonly
known as shopping centers, may be erected or altered
in the B Business District, subject, however, to
the ~ollowing requirements:
A. Approval of site development plans by the
Board in accordance with Article ~II! hereof.
B. The lot area shall
and the lot width shall
fifty {1BO) feet,
Planning
be not less than one il) acre
be not less than one hundred
C. At leas{ twenty-five percent {25%} of the lot area
shall be landscaped with grass and plantings.
D. The required front yards shall be not less than
thirty-¢ive {25) feet, except that where the
property is in the vicinity is partly built up with
permanent buildings and an average setback line has
been established, no building shall project beyond
the line of the average setback so established.
E. The required side yards shall be not less tha~
twenty-five (25) feet.
F. The required rear yard shall be not )ess than
twenty~five (25) feet.
G. Parking shall be provided in off-street parking
areas which shall provide one (1) parking space,
three hundred fifty (350) square feet in area, for
each one hundred {100) square feet of sales fl(~or
area or office Clear area in e~ch buildings.
H. All rainfall and stormwater accu~ulated on
the premises s~all be returned to the ground within
~he boundaries of the premises.
I. The total floor area For each re~a,F~t or service
establ~h,;ent located therein shall not exceed ten
thousand (lO,O00) sq. ft.
'Page 5 -.Appl,. No. 3636
,Matt,er of TARTAN 01L CORP.
Deci sion R~'~-r~-~qa-Tl'~. 1988
9. It has been noted as part of the applicant's
testimony that the subject variance should be granted
based upon a prior Aopeal rendered April 23, 1987 under
Appl. No. 3618 for premises now or formerly of Sukru llgin.
Under consideration before the Board at that time was an
area variance for approval of a convenience store for
the sale of ~acka~ed and non-food items {without food
-,-o~,'~,ion ~r o'~-oremises food services), in conJu~tion
~ ,,~-l~no ~'a~'~ll~-~'~-~tation with minimal floor
area for retail sales (loss than yuu sq t:.l, . c
application an interpretation was not requested, and
a conOitional variance was granted for Lhe small-scale
retail sales area and further required that the use be
reldCed, "accessory and incidental to the existing
gasoline station use." There is no interpretation of
record by this Board determining any retail use to be
an accessory use to a gosoline staKion.
lO, I~ is the interpretation of this Board that
the definition of a retail shopping center is clearly
deemed to be "a building"Or a combination of buildings"
containi)~ retail stores~ mercantile establishments,
offlce~j__.banks and f~nanc~aT ~nstitutlons, and that
~'-F~6~l cS~Ent-T6-~-6 ~6-F6 use. for th~urposes of
selling prepared foods, alcoholic beverages, prepack-
ages foods, and many non-food.items, is not necessary
for tho operation of a gasoline-service statton~ and
~herefore is not an accessory qse incidental thereto.
ll. The application requests, as an alternative,
a variance for the retail store, on less than the
required 43,560 sq. ft. of lot area. The lot in
question contains a lot area of 34,700 sq. ft., and
the amount of relief requested is approximately 8900
~q. ft.
12. The amount of floor area for the retail sales
convenience store has not been furnished.
13. The site plan submitted has not been certified
to comply with Subsections A, C, G, and H of Article
VI, Section 100-62 noted above and appears deficient.
No information has been furnished as to compliance
with Article XI, Sections C, D, K, loadin9 and unload-
ing.
14. In considering the variance requested, the
Board finds:
ia) the variation is substantial in relation to
the requirements, being 8900~ sq. ft. or 20% less than
the requirement;
(b) a substantial change will be produced in the
character of the residentially-zoned neighborhood;
(c) a substantial detriment will be created to
adjoining residensial properties;
id) strict'application of the ordinance will not
prevent a reasonable return upon the property for the
'Pag~ 6 Appl.'No. 3636
~atte'r of TARTAN OIL CORP.
Decision R~-~ May i~1988
existing use or other use permitted in this Zone District;
(e} the project as submitted iS not in compliance
with all other zoning regulations of the Town of
Southold;
(fl the variance, if allowed, may cause traffic.
hazards at both street intersections, and accordingly
will be adverse to the health, safety, order, convenience
and welirare of the town;
{(Il in view of the manner in which the difficulty
arose and in considering all the above factors, the
inturests of justice will be served by denying the
variance, as applied, without prejudice.
Accordingly, on motion by Mr. Goehringer, seconded
by Mr. Doyen~ it was
RESOLVED, to DENY the Application under Appl. No. 2626
in the Matter of ?~-~]/kN OIL CO_R_P.,` WITI(~UT ~_R.£JUDICE, as
appl led,
Vote of the Board: Ayes: Messrs. Goehringer, Gri~onis,
Doyen and Douglass. (Member Sawicki was absent.) This
resolution was duly adopted.
TOWN OF SOUTIIOLD
OFFICE OF BUII.DING INSI'ECTOII
TOWN IIALL
SOUTIIOLD, NEW YOPd'2
CERTIFICATE OF OCCUPANCY
NONCONFORiMING PREMISES
TIIIS IS TO CERTIFY that the
~_.! Land
/ / Building(s)
/-/ Usc(s)
9O
located at 16850
Pre C.O. ~- Z14455
Date- May 30, 1986
Marratooka Lane
Main ~d, Mattituck
shown on County tax map as District 1000, Section
Street I-tamlet
115 Block 3
Lot
does(not]conform to the present Building Zone Code of the
Town of Southold for the following reasons:
On the basis of information presented to the Building Inspector's Office,
it bas been determined that the above nonconforming /~[ Land [Z/Building(s)
/Z/Use(s) existed on the effective date the present Building Zone Code of the
Tox~m of Soutbold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CEi~TIFLED that, based upon information presented to
the occupancy and use for which this Certffi-
Proper~y contains a one-story wood-framed
in front. Property is situated in the B-1
the Building Inspector's Office,
cate is issued is as follows:
buildin~ with gas pumps
General Business Zone with access to Main Rd.; a state maiutained road
and Marratooka Rd.; a town highway.
The Certificate is issued to
of the aforesaid building.
TARTAN OIL CORP.
Suffolk County Department of t{ealth Approval
N/A
UNDERWRITERS CERTIFICATE NO.
NOTICE IS IIEREBY GIVFN that the owner of the above premises tL~S
NOT CONSENTED TO AN INSPECTION of thc premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
has beeu conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tious.
l;uiid:ng mspector
FORM NO. 3
TOWN OF SOUTIlOLD
IIUIIA)ING I)1':1'^ RTM I:.NI'
'i'O1¥N CL. ERK'S OFIqCE
$OUTIIOLI), N.Y.
NOTICE OF DISAI'I'ROVAL
File No ................................
· ~o .co~.,...'~ ..~. ~..v....o~.....~....co.
· '~..9.~.., ./V..~,, .U.%'.~ ....... ~ ~- ~-~
~'~EAs~ ~'~ ~O~'~cc ~t~ yo,,~ ~p,~tio~ U~i~d .. ~.~.. ! ~ ......... ~9 .~ 7..
rot permit to construct . N . ~.~... ~O~t
uo.. ~o. ' ....... ~}/e~i ................ ~,;,~
Cou.iy Tax Mup No. 1000 Section . .'.. !/.~7 ..... Blouk ..... ~ .~ .... Lol . .9.~ .........
Subdivision ............... Filed Map No .............. Lot No ...............
is roil.ned hcrewifl, and tlisal,provcd on lhe lbllowing l~roumls ~~ ,~ ~.(~ 7 7.q~ .~-)
. ,~.~ . ~
Building Inspector
nV 1180
WILLIAM D. MOORE
August 19, 1987
Southold Town Board of Appeals
Southold Town Hall, Main Road
Southold, New York 11971
Att: Linda Kowalski
Re: Applications ~3636V and #3633SE
Tartan Oil Corp, Our File #161-87
Dear Linda:
Enclosed please find one print of the site plan for the Mobil
station in Mattituck showing the lights and previous location of
the pump island. I have requested additional copies of the site
plan and will foward them upon receipt.
Permits have not yet been received for the use of the property as
a self-service gasoline station, and, in fact, that use has been
terminated on the premises. With respect to permits for the
occupancy for the convenience store, there has been
misunderstanding and disagreement with respect to just what
permits are necessary to operate the convenience store.
Applicant was advised that the convenience store was permitted on
the property as an accessory use which applicant proceeded to do.
Subsequently, applicant received notice of disapproval indicating
that the renovation to establish the convenience store required a
variance from the Zoning Board for shopping center status
pursuant to Article VI 100-62 B, and that the partial self-
service use required a special exception from the Board.
Application has been made to this Board for approval of a partial
self-service gasoline station pursuant to the requirements for a
special except.ion use.
Application has also been made for an interpretation that a
gasoline station/convenience store does not constitute a retail
shopping center. The convenience/~tore use is accessory to the
principal use as a gasoline station, and as such does not require
a variance by this Board. ,
Southold Town Board Of Appeals
August 19, 1987 i
In the alternative,! applicant has requested a variance from the
one acre minimum lot!size required for a retail shopping center.
If a necessary building permit for the renovations
done was not obtained, proper application will be
Building Department ~o remedy such error.
which were
made to the
Very truly yours,
/ tlI 27 , "'
~-~.' ~ore
WDM:er
encl.
DocId 081987.1
-2-
SOUTHOLD TOWN BOARD OF ZONING APPEALS
In the Matter of the Application of
TARTAN OIL CORP.
MEMORANDUM IN SUPPORT
OF APPEAL NUMBER 3636
FOR TARTAN OIL CORP.
Introduction
This memorandum is offered in support of Appeal number 3636
made by the Tartan Oil Corp.. The property which is the subject
of this appeal'is located at the intersection of the Main Road
and Marratooka Lane in Mattituck. The property has the Suffolk
County Tax Map designation District 1000, Section 115, Block 3,
Lot 9.
The gasoline service station located at this site pre-dates
the enactment of the Southold Town Zoning Code. The property is
presently zoned General Business (B-l).
A building permit was requested to perform certai~
renovations to the interior of the building on the site in order
to provide a convenience store in the station. This was to be
accomplished by renovating the service bays in the garage.
The building permit was denied/ on the basis that a gasoline
station which includes a convenience store is considered to be a
retail shopping center which must comply with Section 100-62 of
the Southold Town Zoning ordinance. Appeal number 3636 is a
1
:request for an ~nterpretation of the definition of "retail
shopping center"~ and in the alternative, for permission to
operate a convenience store as an accessory use to the gasoline
service station.:
Section
Definition of Retail Shoppin~ Center
100-13 of the Southold Town Code sets forth
definitions to be used in the zoning ordinance. This section
does not provid~ a definition of a retail shopping center.
~Instead, Section 100-62 which sets forth the requirements of a
retail shoppingicenter, attempts to define a retail shopping
center as follows:
"A building or combination of buildings containing
retail stores, mercantile establishments, offices,
banks and financial institutions, commonly known as
shopping centers"
A reasonabie interpretation of the phrase "commonly known as
shopping centers" cannot conceivably include a gasoline station
with a convenzence store. No reasonable person would define such
use as a shopping center. The A&P and King Kullen centers with
their multiple independent uses are more accurately described as
retail shoppingicenters. A single building with a principal and
accessory use cannot be considered a retail shopping center.
Certainly therei is no clear cut definition in the Southold Town
Zoning Ordinanc~ that compels an interpretation that a gasoline
station
a ~onvenience store constitutes a retail shopping
with
center. A gasoline station with a convenience store is no more a
2
retail shopping center than a hardware store which sells
televisions, washers and dryers or a marine store selling boats,
trailers and, at the same time selling and servicing lawn mowers.
It is therefore requested that the Zoning Board of Appeals
establish an interpretation Of a retail shopping center which
does not include properties used in conjunction with an accessory
use as in this case a gasoline station with convenience store.
Operation of a Convenience store i~ CqDjunction with a
Gasoline station is an accessory use ~
Section 100-70(C) of the Southold Town Code permits
accessory uses as follows:
"Accessory uses on the same lot with and customarily
incidental to any permitted use and not involving a
separate business."
In appeal number 3618 in an application by Sukru Ilgin and Mine
Peksin d/b/a ~cean Holding Corp., the Zoning Board stated that it
was "the consensus of the Board... to permit the establishment of
a "convenience store" in the southerly half of the existing
structure to be used accessory and incidental to the gasoline-
service station use, and not as a separate principal business
use." (Emphasis added)
existing vehicle lifts,
and replaced with this
The board also stated that "the
vehicle-repair areas will be eliminated
accessory convenience store' use." Thus
in appeal number 3618, the Zoning Board determined that a
convenience store in conjunction with a gasoline station is an
3
accessory and incidental use to the principal business. Having
determined that the convenience store use is accessory, it was
unnecessary for the board to have considered a request for a
variance under thc retail shopping center provisions requiring
one acre lots. Requiring such a variance was inconsistent with
the previous determination that the convenience store was'an
accessory use. A~cessory uses by their definition do not
constitute retaillsh0pping centers consisting of multiple,
independently operated retail stores. Furthermore, an accessory
use need not be a~proved by the Zoning Board of Appeals or the
Planning Board Pursuant to Section 100-70(C). Planning Board
and/ or Zoning Board approval is required only for those uses
established in 100-70(A) and (B) where such requirements are set
forth. There is bo such requirement set forth in sub-paragraph
(C) for accessoryluses.
The operation of a small convenience store in combination
with the sale of ~asoline has become common place throughout the
country over the ~ast few years. At present, in excess of 70% of
all sales of gasoline are conducted-from self-service pumps and
some 55,000 gasoline stations are being operated in conjunction
with a convenienc~ store. Furthermore, as referenced above, this
board had previously approved the combined uses of a gasoline
service station' w~th a convenience store as an accessory use.
Alternative Rglief
In the event that the Zoning Board of Appeals rejects the
argument that thel convenience store is a permitte~d accessory use
4
as set forth above, petitioner seeks a variance from Section 100-
62B requiring "retail shopping centers" to be on at least one
acre in size.
The subject proDertY is approximately 36,000 square feet in
size so that the variance requested in light of the requirement
is minimal. In appeal number 3618 this board granted a similar
variance to Ocean Holding Corp. for a parcel containing a total
lot area of 11,984 square
allowed, there will be no
on available governmental
feet. If the variance as requested is
increased population density produced
facilities, nor.will a substantial
change be produced in the character of the neighborhood. The
property has been used as a gasoline-service station since prior
to the enactment of zoning and has continued as such throughout.
The small convenience store operating in conjunction with the
service station requires, property of one acre in size even
though the proposed use shall be accessory and incidental to the
principal use~ Sales records indicate that gasoline sales
typically exceed convenience store sales on a ratio of 4:1 up to
10:1. With the convenience store sales making up this small
portion of total sales, the impact of a convenience store added
to gasoline service is minimal. The uses proposed are consistent
with and promote the general purposes of the zoning code and
maps. The variance, if granted will not prevent the orderly and
reasonable use of the district or adjacent use districts. The
use for which the variance is requested is an accessory use and
will remain incidental to the principal use as a Gasoline
5
station.
CONCLUSION
It is respectfully requested that the Zoning Board of
Appeals provide {n interpretation of the zoning ordinance with
respect to retal~ shopping centers in such a way that princiDal
uses combined wi~h an accessory use are not considered to be
retail shopping denters. In the alternative, petitioner requests
this board grantlan area variance of the one acre lot
requirement of S~ction 100-62B to permit the convenience store in
conjunction with the existing gasoline-s~rvice station.
DocId:021888.4
6
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) TARTAN OIL CORP. of 150 BROAD HOLLOW ROAD
Name of Appellant Street and Nur:nber
MELVILLE NY
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
( )
WILLIAM D. MOORE, ESQ.
Nome of Applicant for permit
of
S.U I.T.E.. ~ .. ~LA-U S13 .. C.OMR O.~S.,...MAT.T.I ~.UC ~, ..i~ EW... 2{.O ~ ..........................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
I. LOCATION OF THE PROPERTY Marratooka Lane & Main Road, Mattituck, NY B-1
Street /Hamlet / Use District on Zoning Mop
District 1000 Section llSB10ck3 Lot 9 ~ . Tartan Oil Corp.
.................................................................................. current Owner
Mop No. Lot No, Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Articles vi &xz~ecti0ns 100-62b 100-122
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( x} A VARIANCE to the Zoning Ordinance or Zoning MaJ~
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
(x) Interpretation of zoning ordinance re: retail Shoppinq c~nter definit;
4. PREVIOUS APPEAL A previous appeal (ff~) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such cppeol was ( ) request for o special permit
( ) request for a variance
and was mode in Appeal No ................................. Doted .........................~ .............................................
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
×) A Variance to the Zoning Ordinance
X) Interpretation of zoning ordinance
requested for the reason that a retail gasoline service station with a convenienc
store has been ruled to be a retail shopping eenter necessitating complia
with section 100-62B which requires minimum lot size of one acre. It is
requested that thie Board establish by interpretation that the convenienc
store use is an accessory use to the gasoline service station and not an
additional or 'separate use establishing a retail shopping center of
multiple independent uses. In the altermative, appellant seeks a varianc
FOrTh ZBI (Continue On other side)
from the one acre lot requirement~r retail shopping centers.
REASON FOR APPEAL
Continued
1, STRICT APPLICATION OF,~THE ORDINANCE would produce practical di!flculties or unneces-
sary HARDSHIP because
.... use for a convenience store is accesso~ry to the primary
rTne proposeu ~ ·
use as a retail gasoline station~.~?' The property is aipproxlmately 34,500
square feet in area making the requested variance small in relation to
the required 40,000 square feet. The owner does no~ own adjoining
property which could be used to increase square footage to the required
area. The property complies with the lot size required for B-1 and it
is solely because the gasoline station use coupled With a convenience
store is de~med a retail shopping center that the v~.riance is necessary.
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 B-1 zoned properties need
only comply with the 30,000 square foot requirement. The gasoline
station with convenlen e store is treated uniquely to require compliance
with the retail shopping center provision requirin! 40,000 square feet.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
C}.tARACTER OF THE DISTRICT because the proposed uses are ~ermitted in the B~i
zone and the 40,000 square foot requirement for t~ese combined uses is;
more onerous than the requirements of other B-1 uses. The combination
of a gasoline station with convenience store is n6t unique to business
zoned property. Such uses have become commonplace as the demands of
the motoring public have changed.
STATE OF NEW YORK )
)
COUNTY OF Suffolk )
SS
Signqture
william D. Moore
Sworn to this ................. day of ........................................................ 19
Notary Public
Southolcl Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SI:3UTHOLD, L.I.o N.Y, 11971
TELEPHONE (516} 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3618
Application Dated February 19, 1987
TO:
Andrew E. Go6dale, Esq.
as Attorney for SUKRU ILGIN
Main Road, Box lEA .._
Mattituck, NY 11952
&'OTHERS
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on! ~3, ]987,
the above appeal was considered, and the action indlcate--~l~ was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
Request for Variance to the Zoning Ordinance
Article VI , Section 100-62
[ ] Request for
Application of SUKRU ILGIN AND MINE PEKSEN d/b/a OCEAN HOLDING
CORP. for a Variance to the Zoning OrJinance, Article VI, Section
~2 for permission to operate convenience store in addition to
existing gasoline service station uses at 7400 Main Road, Laurel,
NY; County Tax Map District 1000, Section 122, Block 7, Lot Ol..
WHEREAS, a public hearing was held and concluded on April 2,
1987 in the Matter of the Application of SUKRU ILGIN and MINE PEKSEN
d/b/a OCEAN HOLDING CORP. under Appeal No. 3618; and
WHEREAS, at s'aid hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, t.he board made the following findings of fact:
1. By this application, appellants request a variance under
the Provisions of Article VI, Section 100-62, (which requires a
minimum lot area of one acre for a shopping center), in order to
establish a "convenience store" for the on-premises sales of
packaged food and non-food items (without food preparation or
on-premises food services), in conjunction with the existing
gasoline-service station use.
2. The premises in question is a described parcel of land
located in the "B-l" Genem-aj~Business Zoning District, containing
a total lot area o~ 11,984~. ft.
3, The subject premises is improved with the following
structures: (a) two islands with full-service fuel-dispensing
ICONTINUED ON PAGE TWO)
DATED: April 23, 1987. CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
Form ZB4 (rev. 12/81)
ZONING BOARD
Page 2 -'Appeal No. 2'618
Matter of SUKRU ILGIN AND OTHERS
Decision Ren-"~ April 23, 1987
pumps; (b) gasoline station office and two-bays, all as shown
on survey prepared FUbruary 13, 1987 by Peconic Surveyors &
Engineers, P.C. ~
4. The area ~o be used for the "convenience store" is
at the southerly half of the existing structure of a size
27.6 ft. x 28.9 ft. iThe most northerly half will continue
to be used as a gasoiine-station office area,
5. The consensus of the Board is to permit the estab-
lishment of a "convenience store" in the southerly half of
'the existing structure to be used a~cessors and inciden[Q1
'to the gasoline-service station use,' an~-~='~o~_s_~_separ~
principal business u~e. It shall be understood that only
one exterior entranceway shall be permitted at the,west side
of the existing building which is presently for the gasoline-
station office area,land a second entranceway which the
owner finds necessar~ shall be located only at the east side
of the existing building. The minimum eight parking spaces
must remain open and!unobstructed at all times to allow
safe and convenient parking for customers.
6. It is noted for the record that a site-plan applica-
tion is presently pe!nding before the Southold Town Planning
Board, and Certificalte of Occupancy #Zl0810 was issued by the
Southold Town Buildi!ng Department on December 9, 1981 to
Peter J. Warren and !Linda L. Ryan (predecessors in title)
for a gas service stlation.
7. It is als!o understood that the existing vehicle
lifts and vehicle-r~pair areas will be eliminated and replaced
with this accessory:"convenience store" use.
In considering this application, the board also finds
and determines: (a) that the use as proposed is consistent
with and will promote the general purposes of the zoning code
and maps; (b) the ¢ircumstances of the property are unique;
(c) there will notibe a substantial change in the essential
character of the neighborhood; (d) there is no other method
feasibl6 for appell6nts to pursue other than a variance; (e)
the relief requested is substantial in relation to the require-
ments; (f) the relief as conditionally granted will not
prevent the orderly:and reasonable use of this district or
adjacent use districts; (g) the safety, health, welfare,
comfort, convenienc¢ and order of the Town will not be
adversely affected bY the proposed business use and its
location; (h) .th~ interests of justice will be served by
allowing the v~.r~an~e, as conditionally noted below.
Acco~dingly,lon motion by Mr. Sawicki, seconded by
Messrs. Douglass an~ Goehringer, it was
RESOLVED, tol GRANT a Variance under the Provisions
of :Article VI, Sectlion 100-62 for the establishment of a
"convenience store"i accessory and incidental to the
existing gasoline-service station use in this "B-l" General
i!8us'iness Zoning Dis,~trict., as applied under Appeal No. 3618,
i~Matterof SUKRU ILGiIN and MINCE PEKSEN dL~/.a OCEAN HOLDING
\~CORP., SUBJECT ~O~.T,HE FOLLOWING CONDITIONS:
1. Any addi!tional proposed exterior entranceway
shall be located onl the east side of the existing building,
(only one as exists! shall be permitted on the west side);
2. The parkiing area(s): (a) shall be paved along the
'~age'3 - Appeal No. 3618
Matter of SUKRU ILGIN AND OTHERS
Decision R6~der~d April 23, 1987
east side of existing building; (b) shall remain open and
unobstructed at all times for customers use; (c) shall be
sufficiently lighted;
3. All outside lighting shall be sufficiently
shielded from the highway and neighbors;
the front
side) FOR
A maximum four sq. ft. sign shall be
of building indicating "PARKING AT THE
CONVENIENCE STORE CUSTOMERS;
)laced on
REAR" (east
5. The "convenience store" use granted hereunder
is permitted only accessory and incidental to the gasoline-
service station use presently established, and not .as a
separate principal business use;
6. No food service or sales of prepared foods, no
cold cut/deli items, or other food services (except pre-packaged);
7. No expansion or further construction without
reapplication or new application for consideration to both
the Planning Board and Zoning Board of Appeals, and any other
department or agency having jurisdiction thereof.
8. This' variance is temporary for a maximum period of
two years, EXCEPT where a building permit has been properly
issued and construction commenced to convert this building as
proposed herein, within this limited two-year period.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
~ P. G--O-~-HR-~-~-~ER, CHAIRMAN
April 28, 1987
INDEX NO .............................................................................
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
-against-
BOARD OF ZONING APPEALS OF THE
TOWN OF $OUTHOLD,
Respondent.
NOTICE OF PETITION
and
VERIFIED PETITION
LEVINE & ROBINSON, P.C.
Petitioner
Attorneys for
CHARLES LINDI3ERGH BLVD.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TOWN OF SOUTHOLD, :
Respondent. :
AFFIDAVIT
Index No.
STATE OF NEW YORK )
)SS:
COUNTY OF NASSAU )
BARRY TALLERING, being duly sworn, deposes and says:
1. I am the President of Tartan Oil Corp.
("Tartan"), Petitioner herein, and accordingly have personal
knowledge of the facts and circumstances set
2. This Affidavit is submitted
Tartan's Petition, pursuant to Article 78 of
review the determination of the Southold Town Zoning Board of
Appeals ("Board") in denying Tartan's application for
Interpretation or Variance to use its existing gasoline
service station at Main Road and Marratooka La~e, Mattituck
(the "Premises"),
an accessory use.
forth herein.
in support of
the C.P.L.R., to
1
in conjunction with a convenience store as
3i'. Tartan is engaged in the business of owning
real property which it operates and/or leases as gasoline
service sta:tions throughout Nassau and Suffolk Counties.
4i. Tartan has been in this business, through
predecessolr companies, for over forty (40) years, and
presently Owns and/or operates and/or supplies approximately
fifty~ fiveI (55) gasoline service stations throughout Long
Island, thirty (30) of them in Suffolk County.
Tartan maintains an experienced staff at its
corporate headquarters in Melville, Suffolk County, New York,
who are fully familiar with the '%omplexities of operating
gasoline Service stations today, including real estate,
leasing, petroleum franchising, taxation, environmental
regulationi zoning and local controls, etc.
6. Tartan purchased the subject Premises in 1970.
At that ti~e it was an existing full service gasoline service
station, a~d as the Board found herein, had been a gasoline
servi'de station since at least 1956.
~. In 1986 Tartan decided to upgrade the
Mattituck istatlon as part of a general program of bringing
all of it~ properties up to the latest standards of gasoline
service s~ations on Long Island.
18. Before investing the large sums of money
necessary to upgrade the property, Tartan wished to make
certain t~at it had the legal right to continue the operation
as a gasoline service station as had existed at that location
2
for the past thirty (30) years or so. Accordingly, it sought
a new Certificate of Occupancy from the Southold Town
Building Department, which it received on May 30, 1986,
confirming its right to continue operation as a
nonconforming use (Petition Exhibit No. "2").
9. In reliance upon that Certificate Of
Occupancy, Tartan commenced a renovation project which during
the past two (2) years has involved the expenditure in excess
of Three Hundred Twenty-Five Thousand ($325,000.00) Dollars
for reconstruction and installation of the latest equipment
for the storage~ pumping and sale of gasoline at retail,
incorporating the latest environmental protection features
and devices, such as new leak-proof double-walled fiberglass
underground storage tanks, vapor control equipment, self
service dispensing and monitoring equipment and convenience
store facilities.
10. Convenience stores -- small retail stores
selli'~g various non-food and food items as an accessory use
to gasoline service stations -- have become commonplace
throughout the county during the last few years. There are
now in excess of 55,000 of them nationwide. They provide a
service to the public by enabling motorists to make small
purchases of milk, cigarettes, snack foods, etc., often at
times and locations when supermarkets and grocery stores are
unavailable.
i: as accessoriy
With the proliferation of convenience stores
to gasoline service stations it has becpme
increasingly necessary for gasoline service station operators
to provide i'such facilities in order to remain competitive,
since motoriists will tend to seek out such facilities for
their gasoline purchases and avoid service stations which
lack them.
1~. Accordingly, Tartan has been converting its
properties ~!on Long Island to convenience store facilities.
For example, within the past year its gasoline service
station ioclated in Peconic, Town of'~Southold, within the same
Zoning Dist.lrict ("B-l") was constructed as a combined partial
self-servi~e gasoline service station and convenience store,
precisely !as requested in this matter. Because of the
partial sielf-service feature a Special Exception was
required, as here, and was granted by the same Board (Town of
Southold zoning Board of Appeals) with no requirement by the
Building D~partment or the Board that the convenience store
feature cobform to the "retail shopping center" requirements
of the Zen ng Code.
~3. Since there is no provision in the Southold
Zoning Cg'de either prohibiting or regulating convenience
stores, an.~d since it seemed obvious that such a use should be
considere~ accessory and customarily incidental to the
permitted iuse of gasoline se~,~ice station, and based on the
recent approval by the Town of a similar facility in Peconic
without the issue having been raised by the Board, Tartan
requested the same interpretation from the Building
Inspector in this Application.
14. The Building Inspector refused to interpret
Tartan's proposed convenience store as an accessory use and
instead interpreted it as a "retail shopping center" under a
Code section which requires a one-acre site. Tartan's
existing gasoline seruice station has operated continuously
for over thirty (30) years on its approximately three-
quarter (3/4) acre site.
15. We believe that ~e interpretation of a
convenience store operated on the same premises by the same
operator of a gasoline service station as a "shopping center"
flies in the face of reason, experience, and common sense,
and is a patent absurdity. Common experience teaches that a
shopping center is a building or group of buildings
containing multiple independent retail sales operations,
typically a supermarket or discount store, surrounded by
smaller shops. Under the Town's strained definition, any
single owner retail facility, no matter how small or self
contained, could be considered a shopping center as long as
it devotes separate sales areas to different types of
products, such as a garden supply store with a lawn mower
department, or a department store with an on-premise
cafeteria. This is certainly not What is commonly known as a
shopping center.
16. In order to protect itself from the
possibility that the Board might agree with the Building
Inspector'~ strained interpretation, Tartan sought, in the
alternative, a variance of the one requirement of a shopping
center which the Building Inspector found lacking, the one-
acre site.i
17. The Board adopted the Inspector's reasoning
that the !proposed convenience store would actually be a
shopping !center, requiring a variance, instead of an
accessory Ito a permitted use, and denied the variance, on
grounds Which as Tartan's Peti"~ion and its attorney's
Affidavit! have demonstrated, are arbitrary and capricious
and lacking in substantial evidence.
118. During all the years that Tartan has owned and
operated this facility, we have no record of ever having been
issued any "violation" of the Zoning Code by the Town
Building Department, and none was introduced in evidence at
the ~eari~g for the variance, either in connection with
previous work done on the Premises or the renovation here
described,i No representative of the Building Department was
even call9d as a witness.
119. We believe that the objections raised by the
Board are'not based on substantial evidence in the record and
are irrelevant to Tartan's status as a legally recognized
non-conforming use which is ready, willing, and able to
conform tO any reasonable standards required by the Town for
a convenience
incidental use
station.
20.
the Town's
approximately
case, .granted
store operated as an accessory and customarily
to its established use as a gasoline service
Tartan's position is further strengthened, and
weakened, by the fact that the Board,
one (1) year prior to its decision in this
permission to a gasoline service station to
operate a convenience store as an accessory use on a lot
within the same Zoning District, on the same road, but on a
lot approximately one-third the size of Tartan's (and only
about one-quarter (1/4) of the reqaired one-acre site for a
shopping center!), and by the fact that the Town permitted a
similar operation by Petitioner (Peconic) without even
raising the issue.
WHEREFORE, your deponent respectfully requests that
the relief sought in this application be granted in its
entir6ty.
Sworn to before me this
23rd day of June, 1988.
No. 30-4630269
Qualified m Ncssau County
Ca~nm,s~,on Expires ~2 7
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TOWN OF SOUTHOLD,
AFFIDAVIT
Index No.
Respondent. :
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
JOEL H. JOSEPH, being duly sworn, deposes and says:
1. I am an attorney admitted to practice before
the courts of the State of New York and am counsel to LEVINE
& ROBINSON, P.C., attorneys
familiar with the facts and
Article 78 Proceeding.
2. I
instant Petition,
for Petitioner. As such, I am
circumstances surrounding this
make thi~..~,affidavit in support of the
pursuant to Article 78 of the C.P.L.R.t to
1
review the
]etermination of
the Southold Town Zoning Board of
Appeals ("BOard") dated May 12, 1988, and filed in the Office
of the Townl Clerk May 26, 1988, under Application No. 3636.
3:~. The determination denied the Application Of
Petitioner ,Tartan Oil Corporation ("Tartan" or "Petitioner")
i i .
for an nt~rpretatlon and/or Variance of Article VI,
62.B of C~apter 100 of the Code of the Town of Southold
("Zoning COde") concerning the one-acre lot requirement for a
"retail shopping center".
4. Petitioner's primary concern, as indicated in
its Appeal l from the Decision of ~'he Building Inspector and
its memorandum in Support of Appeal submitted to the Board,
was for regiew of the designation by the Building Inspector
of its proposed convenience store as a "retail shopping
center", Which requires a one-acre lot under Article VI,
S100-62.B.~ Petitioner's existing, nonconforming/gasoline
service station has been in operation for over thirty (30)
years on ai lot of approximately 34,500 feet in a "B-i" Zoning
District, Where a gasoline service station is a permitted use
(S100-70.B,:(4)).
Petitioner introduced evidence that
convenience stores, i.e., small retail stores selling various
small inexpensive food and non-food items, are increasingly
common thrloughout the country as well as throughout Suffolk
County, ~s accessory uses~%~o gasoline service stations.
There are]over 55,000 such combinations nationwide and they
are a growing segment of the retail gasoline industry.
6. Nowhere does the Zoning Code prohibit
convenience stores. In construing a zoning regulation "the
issue is not whether the use is permissible but rather
whether it is prohibited". C. DeMarco Scrap Iron & Metal
Corp. v. Zirk, 62 A.D.2d 92, 405 N.Y.S.2d 260 (2nd Dept.
1978), aff'd 46 N.Y.2d 864 (1979).
7. The Zoning Code defines "retail shopping
center" as "a building or a combination of buildings
containing retail stores, mercantile establishments,
offices, banks and financial institutions, commonly known as
shopping centers .... " [emph. supp.]. In its decision the
Board focuses on the language "'a building or a combination
of buildings' oontainin~ retail stores, mercantile
establishments, offices, banks and financial
institutions .... " [emphasis in original] , conveniently
ignoring the key modifying phrase "commonly known as shopping
centers." (Exhibit "1", ~ll0).
8. The Board's failure to deal with the Code's
language "commonly known as shopping centers" is crucial.
Shopping centers are "commonly known" to be one or more
buildings containing various multiple independent retail
uses. An individual gasoline service station with an
accessory convenience store is no more a shopping center than
is a department store with many different selling areas or a
hardware store which also has an appliance department or a
pharmacy wi~h a soda fountain. The Board's "interpretation"
flies in th~ face of reason, logic, and most of all, common
experience, 'rendering it arbitrary and capricious.
9.' The Board goes on in its "interpretation" to
state that:
"a retail convenience store
use, for the purposes of
selling prepared foods,
al coho 1 i e beverages,
prepackages [sic] food and many
non food items is not necessary
for the operation of a gasoline
service station, and therefore
is not an accessory use
incidental thereto." [emphasis
added]. (Exhibit "1"~' ¶10.)
1:0. The Board thus injects a new standard into the
concept of~ accessory uses - "necessity~". ~ But the Zoning
Code defihes "accessory" as "a building or use clearly
incidental lot subordinate to and customary in connection with
the principal building or use on the same lot." (~100-13.B.)
In a"~ "B-1" District "accessory uses" are defined as
,,customar%ily incidental to any permitted use and not
involving ~ separate business." (S100-60.C(1).) Nowhere is
there a requirement that the use be "necessary" to the
permitted use, let alone even related to it in any directly
connected manner. Indeed, such a requirement is foreign to
the concep? of accessory use.
iil. The Board in its determination is restricted
the
to the sta:ndards or criteria contained in the sections of
4
Zoning Code before it, and cannot arbitrarily "invent" new
standards. Zoning regulations may not be extended by
implication, Monument Garage Corp. v. Levy, 226 N.Y. 339
(1935).
12. There is no requirement in the Zoning Code
that an accessory use be one that is "necessary to" the
permitted use, nor even that it be "related" to it; had the
Town intended to impose such a condition it could have easily
done so. Allen v. Adami, 39 N.Y.2d 275 383 N.Y.S.2d 565
(1976). The courts of this state have expressly rejected
such a connection. For exampYe, the First Department
recently held that a Board of Appeals, in considering an
application for a convenience store as accessory to a
gasoline service station, could not arbitrarily impose a
requirement that the use "must directly relate to the care
and maintenance of automobiles" in the absence of language to
that effect in the Ordinance. Exxon Corporation v. Board of
Standards and Appeals, 128 A.D.2d 289, 515 N.¥.S.2d 768 (lst
Dept. 1986); leave to appeal denied, 70 N.Y.2d 614 (1988). A
fortiori, ~the Board herein cannot impose a standard of
"necessity" which does not exist in the Zoning Code, and
having done so its decision is rendered arbitrary, capricious
and unlawful.
13. Petitioner, in its application to the Board,
emphasized the need for an ~-~rpretat~.on of its proposed use
as accessory and incidental to the permitted use, and in the
5
process a rleversal of the Building Inspector's determination
that the proposed accessory use transformed an ordinary
gasoline service station into a "retail shopping center". In
the alternative, Petitioner sought a Variance of the one-acre
requirement! which the Building Inspector's interpretation had
imposed upon it. Obviously had the Board seen the
irrationaliity and illogic of labelling a convenience store as
a shopping center it would not have been necessary to deal
with the qulestion of a Variance.
1:4. If the Board is deemed correct in its
interpretation, then the type of Variance thus required is
an "area v&riance", rather than a "use variance", which does
not involve a use which is prohibited by the zoning
ordinance. Friendly Ice Cream Corp. v. Barrett, 106 A.D.2d
748, 483 N~Y.S.2d 782 (3rd Dept. 1984). An applicant for an
area variance need not prove "unnecessary hardship", a burden
carried by one who seeks a use variance. Village of
Fayettevil~e v. Jarrold, 53 N.Y.2d 254, 440 N.Y.S.2d 908
(1981). Rlather, an applicant for an area variance need only
show that i strict compliance with the zoning ordinance will
cause prac~tical difficulties. Consolidated Edison Co. of
N.Y.v. Ho~fman, 43 N.Y.2d 598, 403 N.Y.S.2d 193 (1978).
i15. In determining whether to grant an area
variance the Board must consider:
"(1) how ~!~,bstantial the
variance is i~ relation to the
requirement, (2) whether a
substantial change will be
6
produced in the character of
the neighborhood, (3) whether
the difficulty can be obviated
by some method feasible for the
applicant to pursue other than
a variance, and (4) whether, in
view of the manner in which the
difficulty arose, the interest
of justice will be served by
allowing the variance." (See 2
Anderson, New York Zoning Law
and Practice [3d ed], S23.34,
DD. 208-209); Friendly Ice
Cream Corp., supra.
16. As to requirement (1), the Board found that
the variance is "substantial in relation to the requirements,
being 8900+ sq. ft. or 20% less than the requirement"
(Exhibit "1", ~ll4(a)). Whether 20% is "substantial" or not
will be discussed, infra, in relation to another decision by
the Board in similar circumstances.
17. As to requirement
record to sustain a finding that
be produced in the character of
(2) there is nothing in the
a "substantial" change will
the neighborhood, since the
use is not being changed from that of one already permitted
in the Zoning District and existing there for over thirty
(30) years.
18. As for requirement (3), Petitioner had already
sought to obviate the difficulty by having the use of a
convenience store declared an accessory use to a permitted
one, without success; it was the Building Inspector's refusal
to do so which necessitated this application for a Variance.
· As
for requirement (4), the Board made a
finding in this respect (Exhibit "1", ¶14(g)) but the finding
is wholly . conclusory in nature and not supported by
substantialievidence in the record.
20. In its Decision the Board considered
Petitioner'~ citation of the Board's prior decision in the
Appll. catl. on of Sukru Ilgin and others ("ILGIN"), Appeal No.
3618, Aprill 23, 1987. (Exhibit "7".)
21. In ILGIN, the applicant applied for a variance
of Article VI, S100-62.B of tt~'e Zoning Code for the
establishme'nt of a "convenience store" for the on-premises
sale of fgod and non-food items, as a permitted "retail
shopping center", in conjunction with an existing gasoline
service station. The applicant was located in the same
Zoning District ("B-i" General Business) and on the same road
(Main Road[- State Route 25) as Petitioner's Premises.
· " ~2. In ILGIN the premises contained a total lot
area of o~ly 11,984 sq. ft. or approximately 27.5% of the
one-acre required under ~100-62.B.
23. In ILGIN the Board unanimously granted the
variance, iflnd~ng that a "convenience store" is "accessory
and incidental to the gasoline service station use", with
minimal colnditions. (Exhibit "7", p. 2.)
8
findings:
24. The Board made the following additional
"(a) that the use as proposed is
consistent with and will promote the
general purposes of the zoning code and
maps; (b) the circumstances of the
property are unique; (c) there will not
be a substantial change in the essential
character of the neighborhood; (d) there
is no other method feasible for
appellants to pursue other than a
variance; (e) the relief requested is
substantial in relation to the
requirements; (f) the relief as
conditionally granted will not prevent
the orderly and reasona~ble use of this
district or adjacent use districts; (g)
the safety, health, welfare, comfort,
convenience and order of the Town will
not be adversely affected by the proposed
business use and its location; (h) the
interests of justice will be served by
allowing the variance, as conditionally
noted below." (Exhibit "7", ¶7.)
25. In its May 12, 1988, Decision
Board attempted to distinguish its decision
describing that application as:
herein, the
in ILGIN by
9
"an area variance for approval of a
convenience store for the sale of
packaged and non-food items (without food
preparation or on-premises food
services), in conjunction with the
existing gasoline station with minimal
floor area for retail sales (less than
700 sq. ft.). In that application an
interpretation was not requested, and a
conditional variance was granted for the
small-scale retail sales area and
further required that the use be related,
'accessory and ln~uental to the existing
gasoline statio~¥ use.' There is no
interpretation of record by this Board
determining any retail use to be an
accessory use to a gasoline station."
[emphasis in original] (Exhibit "1",
26. A careful reading of this attempt by the Board
to distinguSsh its decision in ILGIN from its decision herein
reveals little of substance to distinguish. Perhaps the
Board, by, underlining the phrase "packaged and non-food
items (wilthout food preparation or on premises food
~ervices)" imeant to distinguish a convenience store which
does no~ s~ll food items, which it finds to be an acceptable
accessory a permitted use, and a convenience store which
does sell .~food items, which it ~inds to be a prohibited
accessory to a permitted use. If that is what the Board is
driving ak, it is of course applying an arbitrary and
capricious: standard of its own invention, since no such
distinction appears in the Zoning Code. Furthermore, there
is nothing! in the record to indicate how the selling of food
items can .llead to negative findings as opposed to positive
findings for non-food items, nor do the Board's findings and
determinations themselves address this question.
~27. The only other distinguishment that can be
gleaned f~om the Board's dense prose is the word "related".
Apparentl~ the Board is attempting to impose another new
standard Of its own invention, that the proposed use be not
only accessory and incidental to the permitted use but also
"related" Ito it. We have a~bady shown that both by virtue
of the absence of such language in the zoning Code, and by
10
virtue of the established concept of "accessory use" as
interpreted by current case law, such an interpretation is
impermissible, and represents the Board once again applying
arbitrary standards of its own invention (see ¶'s 9-12,
supra). In brief, "accessory to" does not mean "related to",
especially since the Zoning Code does not so provide.
28. As noted in ¶16 supra, the Board found that
the twenty (20%) percent variation between the Zoning Code
area requirement and the parcel was "substantial", yet in
ILGIN a variation of about seventy-five (75%) percent was not
found to be sufficiently substantfal to preclude approval.
Thus, the application in ILGIN was approved, and the
application herein disapproved, despite the fact that:
a) Both are located in a "B-l" General
Business District, and both along the same road in the same
Town;
b) the primary usage of both is as a
gasol.lne service station, a permitted use in both cases;
c) the alleged distinctionsas to the sale of
"food" and "non-food" items are impermissible standards
imposed arbitrarily by the Board in the absence of such
standards in the Zoning Code or of substantial evidence or
findings of any harmful effect of one over another in the
record or Decision;
d) the attempted application of a standard
of the accessory use being "related" to the primary use is
11
without foulndation either
in the Zoning Code or in case law;
e) the application approved by the Board
involved aiparcel only about one-quarter (~) of the required
size, while the parcel disapproved by the Board involved a
parcel ove~ three-quarters (3/4) of the required size; and
f) in the one case (ILGIN) the Board found a
convenience store operated in conjunction with a gasoline
service station to be an allowable accessory and incidental
use, and in this case, the instant one, it found just the
opposite. ;
~9. An administrative a~ency may not rule in such
a way as !to result in inconsistent treatment of similarly
situated parties. Society of the New York Hospital v:
Axelrod, 1~6 A.D.2d 426, 501 N.Y.S.2d 820 (let Dept. 1986):
: "Although the doctrine of stare
~ecisis does not apply to decisions of
a~trative bodies, consistency of
iadministrative rulings is essential, for
itc adopt different standards for similar
isituations is to act arbitrarily." R.C.
'~ iMotor Lines, Inc. %;. United States, 350
,:F.Supp. 1169 (MD Florida, 1972), aff'd
See, also~ Exxon, supra, in which the First Department was
critical 9f the fact that in "a significant number of oases"
the New Y6rk City Board of Standards and Appeals had approved
of the u~e of a convenience store as an accessory to a
gasoline 'service station, but had denied it in the case of
Exxon.
12
this
WHEREFORE, your deponent respectfully requests that
Court issue a judgment pursuant to Article 78 of the
C.P.L.R. directing the Zoning Board of Appeals to issue a
determination that Petitioner's proposed convenience store
is a permitted use accessory to its gasoline service station
in a "B-l" Zoning District, or in the' alternative issue a
Variance of Article VI, ~100-62.B of the Zoning Code
permitting Petitioner to establish a convenience store as
accessory to its gasoline service station on a parcel of less
than one (1) acre as a retail shopping center, and for such
other and further relief as to this Court may seem just and
proper, together with costs of this proceeding.
Sworn to before me this
~C~ay of June, 1988 '
Notary Public
13
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TOWN OF SOUTHOLD,
Respondent. :
own Attorney
cc: ~own ~oard'
Chief of Police
Supt. of Highways
Grilling & Southwick
McMann Price
William Mullen
Bldg. Dept.
NOTICE OF PETITION
Index No.
of Tartan
PLEASE TAKE NOTICE, that upon the annexed Petition
Oil Corp~ ("Tartan"), verified on the 23rd day of
June, 1988, and upon the annexed Affidavit of Barry
Tallering, sworn to on the 23rd day of June, 1988, the
annexed Affidavit of Joel H. Joseph, Esq., sworn to on the
23rd day of June, 1988, and the exhibits attached thereto,
and upon all testimony, papers and proceedings had before the
Respondent, Board of Zoning Appeals of the Town of Southold
("Board"), with respect to the matter set forth in the
Petition herein, the undersigned will move this Court at an
IAS Part thereof, to be held in and for the County of -
Suffolk, at the Suffolk County Courthouse, located at 235
Griffing Avenue, Riverhead, New York on the / ~ day of
July, 1988, at 9:30 A.M. or as. soon thereafter as counsel can
be heard for a Judgment:
Zoning District located on the South Side of Main Road, West
Side of Marratooka Lane and the East Side of Sunset Avenue,
Mattituck, New York, upon the grounds that the Respondent
Board's decision was contrary to the law, contrary to the
evidence, arbitrary and capricious'7 and constituted an abuse
of discretion; and
2) directing that this matter be remanded to the
Respondent~Board with a direction that it grant Petitioner's
special exception as applied for without further hearing and
within thirty (30) days after entry of such judgment and
service of a copy thereof upon Respondent; and
.3) for such other, further and different relief
as the Coulrt deems just and proper.
made
PLEASE TAKE FURTHER NOTICE, that demand is hereby
that Respondent certify and send to this Court within
the time iprescribed by C.P.L.R. S7804(o), all actions and
proceedings of the Board in the above-entitled matter and
designated~ Appeal No. 3633-~,~.~..~ with a certified copy of all
petition , appeals, applications, reports, notices,
2
1) annulling and setting aside the Decision of
Respondent Board which denied Tartan's application for a
special exception, pursuant to Article VII, Section 100-
70.B(5), C~apter 100 of the Code of the Town of Southold
("Zoning Code"), to permit the establishment of a partial
self-service gasoline station in a "B-l" General Business
documents, letters, affidavits, diagrams, plans, drawings and
any and all other papers before or acted upon by the Board
together with a certified copy of all resolutions,
determinations, decisions and opinions of the Board and the
minutes of all proceedings, hearings, and the reports of all
inspections and examinations and all other matters and things
considered or acted upon by the Board in arriving at the
determination now under review for the purpose of reviewing
all the acts and proceedings of the Board in the matter of
the Application of Tartan Oil Corp., Appeal No. 3633-SE.
PLEASE TAKE FURTHER NOTICE that answering papers,
if any, must be served on the undersigned at least five (5)
days before the return date of this Petition.
Dated: Mitchel Field, New York
June 23, 1988
Yours, etc.,
LEVINE & ROBINSON, P.C.
50 Charles Lindbergh Boulevard
Mitchel Field, New York 11553
(516) 794-6900
Attorneys for Petitioner
. To:
Southold Town Zoning Board of Appeals
Main Road - State Road 25
Southold, New York 11971
(516) 765-1809
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TOWN OF SOUTHOLD,
Respondent. :
PETITION
Index No.
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
Petitioner, Tartan Oil Corp., by its attorneys,
Levine & Robinson, P.C., as and for its Petition pursuant to
Article 78 of the C.P.L.R. to review a decision and
determination of Respondent Board of Appeals filed May 26,
1988, in Application No. 3633-SE, respectfully alleges as
follows:
1. Petitioner, Tartan Oil Corp. ("Tartan" or
"Petitioner"), is a corporation duly organized and existing
under the laws of the State of Delaware and duly licensed to
do business in New York, with principal offices at 150 Broad
Hollow Road, Melville, New York 11747.
1
ii is
2
the dully
Southold, COunty of Suffolk,
the Town La~.
3:. Petitioner is
Respondent, Zoning Board of Appeals ("Board"),
constituted Board of Appeals of the Town of
established pursuant to S267 of
the owner in fee of certain real
property located within the hamlet of Mattituok, Town of
Southold, County of Suffolk, and situated at the corner of
Main Road, Marratooka Lane and Sunset Avenue, Mattituck (the
"Premises" )i' The Premises
service gasoline service
applicable zoning code.
4o The Premises were the subject of an
ApplicatiQn to Respondent Board requesting a Special
Exception ~nder Article VII, Section 100-70.B, of Chapter
the! Code of the Town of Southold ("Zoning Code") for
100 of
are presently operated as a full
station in compliance with the
approval of the establishment of a partial self-service
gasoline sSrvice station.
"~ 5. The aforesaid Petition was presented and heard
on February 18, 1988 and continued on April 14, 1988, at the
Town Hall of the Town of Southold, in conjunction with a
companion Application No. 3636 filed by Petitioner
the denialiof a Variance on the same Premises.
. attorneys
12, 1988,
and
to review
~. On or about May 30, 1988, Petitioner's
ireceived a copy of Respondent's Decision, dated May
idenying Petitioner the Special Exception requested,
indicating that the original thereof had been filed in
the Office of the Town Clerk on May 26, 1988. (A photocopy of
the Decision is annexed herewith as Exhibit "1".)
7. The Premises is located in the "B-l" General
Business Zoning District and is identified on the Suffolk
County Tax Map as District 1000, Section 115, Block 3, Lot 9,
containing a total area of approximately 34,700 square feet,
or approximately three-quarters (3/4) of an acre.
8. The Premises fronts along three streets as
follows: along the south side of Main Road (State Route 25)
201.82 feet; along the west side of Marratooka Lane 185.95
feet; and along the east side of S~nset Avenue 158.89 feet.
9. The Board found that the Premises comprised "a
previously established full service gasoline station"
(Exhibit No. "1", ~ll), and that as far back as 1956 the
Premises "was used as a gasoline sales office and minor
vehicle repairs and that one gasoline pump or island existed"
(Exhibit No. "1", ~12, ~14(a)).
10. On or about May 30, 1986, the Town of Southold
Building Inspector duly issued a "Certificate of Occupancy-
Nonconforming Premises" #Z14455 for the Premises stating that
the nonconforming premises "existed on the effective date the
present Building Zone Code of the Town of Southold, and may
be continued pursuant to and subject to the applicable
provisions of said Code." (A photocopy of this document is
annexed hereto as ExhibitNo~.4"2".)
3
1i. On or about March 17, 1987, Petitioner applied
to the To~n Building Department for a permit to perform
certain construction and renovation to the Premises in order
to convert it to a partial self-service operation and to
install a "convenience store" as an accessory use.
12. By Notice of Disapproval dated April 1, 1987,
the application was denied by the Building Inspector on the
grounds, relevant herein, that "Article VII, Section 100-
70.B(5) Pa[rial Self Service Requires Special Exception from
Z.B.A." (Aiphotocopy of this document is annexed hereto as
Exhibit No.! "3".)
~3. Section 100-70.B(5) of Article VII of the
Zoning Cod!e, effective April 11, 1978, provides for the
approval of a "partial self-service gasoline facility" as a
permitted Use in a B-1 District, by Special Exception by the
Board of APpeals, subject to requirements (a)-(g) inclusive.
$4. In its Application, Petitioner alleged that
the changei from full service to partial self-service would
have "no .i
l:mpact upon the surrounding neighborhood" and that
all requirlements of the Zoning Code would be met. It was
further polinted out that "self service now accounts for more
than eiqhtly (80%) percent of petroleum sales." (A photocopy
of the AppLication is annexed hereto as Exhibit No. "4".)
The hearing ~iord supports these allegations
and there iis nothing therein to dispute them.
16. In its Decision, Respondent Board also noted,
solely "upon information and belief" alleged "historical
information concerning the premises". (Exhibit "1", ~14.)
17. The Board also alleged in its decision that
the Certificate of Occupancy for Nonconforming Premises duly
issued May 30, 1986 by the Town Building Inspector "does not
apply". (Exhibit "1", ¶5.)
18. The Board in its Decision denying Petitioner
the Special Exception, determined:
"(a) that the use will
adversely affect the safety,
health, welfare,'' comfort,
convenience and order of the
Town, (as noted above);
(b) that the use is not
consistent with the general
purposes, regulations, and
intent of Chapter 100 (zoning);
(c) that the use will
prevent the reasonable use of
adjacent or nearly
properties;
residential
(d) that the use will
cause disturbing electrical
discharges, light, vibration,
and noise." (Exhibit "1", ¶8.)
19. Petitioner denies each and every finding set
forth above.
20. The Board made no findings whatsoever
concerning the standards for partial self-service gasoline
service stations enumerated in the section of the Zoning Code
under consideration, Sl00-70.B(5)(a)-(g).
5
22. The Board did not explain why a self-service
gasoline selrvice station would be likely to "adversely affect
the safety', etc., of the Town, "prevent the reasonable use
of adjacent residential properties", or "cause disturbing
electrical idischarges", etc., to any greater degree than the
existing full service gasoline service station, which the
Board found had existed on the Premises as a nonconforming
use since :at least 1956 (long prior to the passage by the
Town of ordinances controlling gasoline service stations) and
was subject to a 1986 Certificate bf Occupancy-Nonconforming
Premises.
~2. The Board failed to explain how the "use"
i.e. partial self-service gasoline service station -- the use
which is b~eing applied for as a Special Exception -- "is not
consistentl with the general purposes regulations, and intent
of Chapterl 100 (Zoning)", when that use is a permitted use in
a "B~i" ZQning District under Article VII, S100-70.B(5) of
the Zoning Code.
Petitione~
a partial
23. The action of the Respondent Board in denying
's application for a Special Exception to establish
self-service gasoline service station in a "B-l"
Zoning District
of the Z~ning
contrary to law
in accordance with Article VII, S100-70.B(5)
Code was arbitrary and capricious, unjust,
and an abuse of discretion for the following
reasons:
a) The Board abused its discretion and acted
unlawfully by considering "historical information" solely
"upon information and belief" outside the record, concerning
a validly existing nonconforming use (full service gasoline
service station), concerning the specific determination
before it, i.e., an application for a partial self-service
gasoline service station under Article VII, ~100-70.B(5) of
the Zoning Code;
b) The Board acted arbitrarily by going beyond
its authority in alleging that a validly issued Certificate
of Occupancy-Nonconforming Premises "does not apply", a
determination which it lacks the power to render.
c) The Board acted arbitrarily and capriciously
in not making any findings or determinations in accordance
with the enumerated standards of Article VII, S100-70.B 5)(a)
through (g);
d) The Board acted arbitrarily and capriciously
in finding that "the use will adversely affect the safety,
health, welfare, comfort and order of the Town, ... will
prevent the reasonable use of adjacent or nearby residential
properties, ... and will cause disturbing electrical
discharges, light, vibration and noise" when there was no
evidence in the record to sustain such findings; and
e) The Board acted arbitrarily and capriciously
in determining that the e~ablishment of a partial self-
service gasoline service station is "not consistent with the
7
Southold Town Board o£.4ppeals
~ NtAIN ~Al~- BTATE nO,&D 25 SCIUTHOLD. L.l.. N.Y.
TELEPHONE (516} 765-I~09
ZONING BOARD. O¥
Appeal No. 3633-SE
Application Dated May 13, 1987
?Os William D. Moore, Esq.
Moore & Moore as Attorneys for
, TARTAN OIL CORP.
Ma ~ n-]~6-a~x---~j-"
Mattttuck, NY 11952
At a Meeting of the Zoning Board
the above appeal was considered,
on your
I1
[]
[Appellant (si ]
of Appeals held onM_~az_~2_~_j]g88'
and the action indicated bel6w was taken
Request for Varia~%ce Due to Lack of Access to Property
New York Town Law, SectiOn 280-a
Request for Special EXception under the Zoning Ordinance
A~ticle ¥I! , Section ]00-70(8)
Request for Variance to the Zoning Ordinance
~urticle , Section
f ] Request for
Application of TARTAN 0)/ C.0_RP. for a Special Exception under
Article VII, Section ~~)~ 5~-the Zoning Code for approval of
the establishment of a partial self-service gasoline station.
Location of Property: South Side of Main Road, West Side of
' Marratooka Lane, and the ~ast Side of Sunset Avenue, Mattituck,
NY; lO00-116~3.g. Zone: "B-l" General Business.
WHEREAS, public hearings were held in the Matter of the Appli-
cation of TARTAN OIL CORP. under Appl. No. ~633 on February )8,
1988, and
WHEREAS, at sai'd hearing a)l those who desired to be heard
were hea).d and their testimony recorded; and written statements
have been submitted for the record in favor and in opposition of
the pending application; and
WHEREAS, the 8oard has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personalty viewed and are
familiar with the premises in question, its present zoning, and
.the surrounding areas; and
WHEREAS, tH'e Board made the following findings of fact:
1, This is an application requesting a Special Exception
under the Provisions of Article VII, Section lO0-70(B) of the
Zoning Code for the approval of newly added self-service
pumping stations in conjunction With a previously established
full-service gasoline station.
2. The property in question is located in the
General Business Zoning District and is identified on the
Suffolk County Tax Map as District lOOO, Section ll5, Pluck 3,
Lot 9. containing a to~dl area of approximately 34,/00 Sq. ft.
!C~ONTIN__UED~ON PAGE TWO)
DATED: May l 2, ] 988. CHAIR.~b%N, SOUTHOLD TO~
OF APPEALS
Form ZB4 (rev. 12/81}
ZONING BOARD
Pa~e 2 .- Appl. No.~3633-S£
'Hatter of TAR~AN..~.~L CORP.
Decision R~n~red Ma~-'-i'~'~-1988
3. The subject premises fronts along three streets as
follow: along thelsouth side of the ~ain Road (or State
Route 25) 201.82 feet; along the west side of Marratooka Lane
185.95 feet; and along the east side of Sunset Avenue 158.89
feet. The premise~ is surrounded by properties zoned "A"
Residential and Agricultural.
4. For the record, the following historical information
concerning the premises and previous construction is noted
upon information aQd belief:
{a) Duriqg 1956, the premises was improved with an
one-story frame buiilding set back. Z1 feet from the northerly
front property line [along the Main Road] and 71t feet from
the easterly front Jproperty line [along Marratooka Lane],
as mo)'e particularlly shown by survey prepared by Otto W.
ganTuyl & Son surveyed dune 8, 1956. Although there is no
gasoline pump shown)on this 1956 survey, it is the Board's
understanding that ilthat building was used as a gasoline
sales office and mi)nor vehicle repairs, and that one gasoline
pump or island axis)ted to the north of that building.
lb) Some )time sub?q~ent to 1957, the building
was removed, and an.bther bulldTng was placed as more
particularly shown On the dune 15, lgTO Survey prepared by
YanTuyl & Son whfchrs~ows setbacks from the northerly front
property line at 601 feet and from the easterly front
Property line a: 40i'feet. The record is unclear as to
whether ur not this)building was constructed under a
building permit andlapProva1 by any other town departments.
Town recorUs do sho~ that ~he subject premises during 1970
Was ~oned "A" Residential and Agricultural, and that a
gasult~)e-servtce stbtion was no~ listed as a "Permitted
use" [except in that"B-1, Business Zone District] since
{c) On orlabout dune 7, 196§, the Zoning Ordinance
provisions for the 'iB-l" Business District were amended to
require a Special E~ception approval by the Board of Appeals
for a building or p~emises to be used as a gasoline service
station or public garage [Section 490-~];
(d) On or)about November ~3, lgT1, the Zoning Maps
w~ro ~mended to incl)'ude the rezoning of this property from
"A" Residential.Agriicultura1 to "~-l" General 8~s~ness, and
including the requir!ement for Site~Plan approval by the
Planning 8oard in adjdition to Special Exception approval by
the Board of Appeals), etc.
{el N~ tow)n approvals have been found during the
above time periods f:or the newly located building and/or
site as existed Slncje it~ change in 1986 to the ~resent time
{fl The re~ord is unclear as to issuance of
pern~its for the Commercial building and site prior to 1970;
(g) During)l~86 or thereabout, the site and
buildinq were change~, and ~s of this ddte, site-plan
approvdl has not beeh received from :no Planning BOard
as well as other zoning criteria which have not been
con, plied wi;h, as fo lows:
Page 3 -,App)J. No. 3633-S£
Hatter of TARTAN OIL CORP.
Dec'tsion Ma~ 12~ 1988
1, extensive blacktopping, eliminating natural
wooded areas and other natural landscaping;
2. relocation of one gasoline island from
previous location to a point ID feet from the northerly
property line;
the
3. creation of a second gasoline island
approximately 19 feet north of the building in the front-
yard area;
4, relocation of air pump in the westerly
front yard area;
5, creation of new colonnade with roof of
a size 24' wide by 5g' deep in the frontyard area with an
insufficient setback of two feet [2'] from the northerly
front property line, and extendinu over existing building;
(Article VII of the Zoning Code requires a minimum setback
for buildings a~ not less than 35 feet from the front lines);
6. strucutural alterations of building,
including, b~: not limited to, removal of two garage vehicle
overhead doors, placement.of large picture window(s) new
store front, etc. ,
7. new placement of three or more pole
lights which create glare beyond the lot lines;
8. new placement of florescent {unshielded)
wall lights along the Sides of the existing building for
a total running length of approximately 36 feet which do
appear to be adverse tO surrounding properties when used in
conjunction with the overhead li '
· htlng under the roofed
colonnade and the separate )ight~ng poles;
9, conversion of garage bays and front
office area into a retail store for sales of beer,
prepared foods, and other items which are not incidental
or accessory to the gasoline-service station use [see
this Bo~rd's action rendered under Appl No. 3633 same
date hereof], ·
10. location o¢ a glass-enclosed telephone
booth at the most northeasterly corner of the pren)ises
near' the Main Road;
11. ,,placement of new ground signs at
the most northeasterly corner of the premises near
Main Road.
the
5. Also noted for the record is a Certificate
Occupancy for 'Nonconforming Premises #Z14455 dated
May 30, ~956 which appears to have been baseo Dn the
J~ne 8, 1956 Survey of Otto W. YanTuyl & Son for the
premises and building ~s existed prior tu 1957, but
which does no~ apply Sln~e th~ bu~'~-~'~g referred to
ha~ been rumored from its Original footprint, based upJn
information subm3t~ed.
of
Page 4 - Appl.. No. 3633-SE
Matter of TARTAN OIL,'CORP.
6. Based on the facts in the record, it appears
that the applicant p~oceeded, as noted above, without
appropriate authorizations. The Board notes that
there appears to be Several areas of noncompliance under
the Zoning Code (including but not limited to Article VII,
Sections 100-70, lO0~71, Bulk and Parking Schedule,
Article XI, Section lOU-11g, Article XIII, Article XIV), for
the suhj.ct self-service gasoline p?p islands as required
by Article VII, Section lO0-70B, which reads in part as
follows, as well as other siLe plan elements (Art. XIII):
1NO-70 -B. Uses permitted by special exception by the
Board of ~ppeals. The following uses are permitted
as a special exception by the Board of Appeals, as
:hereinafter provided, and, except for the uses set
forth in Subsection Bi7) hereof, are subject to
site plgn approka) by the Planning Board in accord-
ance with Article XII1 heKeof;
the
4, Public garages, gasoline service stations,
all .subject to the following requirements:
(al Entrance and exit driveways shall have
an unrestricted width of not less than 12
feet and not more than 30 feet, and shall
be located not less than l0 feet from any
Iroperty line...,
e) NO gasoline or fuel pumps shall be
located less than fifteen feet from any
.street)or property line.
~. Partial self-se'rvice gasoline service
statiohs shall be subject to all of the
provis!ons of IOD-7OB(4) [above] and subject
to the!following requirements: (al through
(gl [inclusive].
7. In researching Tuwn records, it is noted that the
only building permitJissued appears to be for the construction
of the "canopy" unde~ Permit ~15833Z issued April l, 1987.
8. Also in considering this application, the Board also
determines: :
{a) that the use will adversely affect the safety,
health, welfare, comfort, convenience and order of the Town,
[as noted above];
(bi that the use is not consistent with the
teneral purposes, regulations, and intent of Chapter lO0
Zoning]; i
(c) that tho use will prevent the reasonable use
of adjacent or nearly residential properties;
id) that the use will cause disturbing electrical
discharges, Tight, vibration, and noise.
Accordingly,
Mr. Duyen, it was
on motion
by Mr. Grigunis, seconded by
RESOLVED, due to the deficiencies under the zoning
ordinance for the existing building and structures, and
d structures, that the application
for the proposed use an .. ~-n for IARTAN OIL C_~O_O~P~.
in the Matter of the Appl~¢~mv., ~er~-'T~-OENI~
under Appl. No. 3633, must oe a~_?~.~). ~-l~e it
(WiTHOUT~R~jUDICE to future apP~c~u,~- ,,
FURTHBR RESOLVED, that the applicant/property owner
upon receipt of this aecision be a~d hereby is notified
that all improper operations should cease and desist
immediately.
Vote of the Board: Ayes:
Douglass and Grigonis, (Member
resplutiun was duly adopted.
Messrs. Goehringer, Doyen,
sawicki was absent.) This
TOWN OF SOUTIIOLD
OFFICE OF BUll. DING INSPECTOR
TOWN IIALL
SOUTIIOI.D, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFOI~MING PiIEMISES
TIIIS IS TO CERTIFY that tile
/X_--/ Land
[ [ Building(s)
I-I Useis)
9O
located at 168q0
Marratooka Lane
Main ]~d ,
Pre C.O. ~- Z14455
Date- May 30, 1986
shown on County tax map as District 1000, Section
Mattituck
Street }tamlet
115 , Block
3
Lot
9 ,, does.~not)conform to the present Building Zone Code of tile
Town of Southold for tile following reasons: ,'
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming ~]Land /.~/Building(s)
/--/Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code. ~
IT IS FURT}IEt~ CERTIFLED that, based upon information presented to
the Building Inspector's' Office, the occupancy and use for which this Certifi~
cate is issued is as follows:
buildin~ with gas pumps
General Business
Property contains a one-story wood-framed
in front. Property is situated in the B-1
Zone with access
,I
to Main Rd.; a state maintained road
and Marratooka Rd.; a town
The Certificate is issued to
of the aforesaid building.
highway.
TARTAN OIL CORP.
Suffolk County Department of Health Approval
N/A
UNDEIIWRITEfiS CERTIFICATE NO.
N/A
NOTICE IS tlEREBY GIVEN that the owner of tile above premises tLtS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspectioa
has been conducted. This Certificate, therefore; does not, and is not hRended
to certify that the premises comply witt[~¢ll ,other applicable codes and regula-
tions.
rz;uildin~ mspector
NOI'ICE OF I)ISAI'I'I{OVAL
File No ................................
.ro .~,,...'~ ..~. Z.~...o~....~. ~.
....q. ...........
your application dated ...~.~9~..
I'I.EASE
NOTICE
that
I.ocation of Property ...................... ~.
Itouse No. Streot /lam/et
Cotmty Tax Map No. IOOO Section . .'.. L/.~ .... Block ..... ~. ~ .... Lol . ?.~ .........
Subdivision .................. Filed Map No ................. Lot No ..................
i~ ~cl,m~d h~vilh ~nd disapproved on lira lbllowin~ groumls ....................... ~..
. .~ ...... ~, .~ .~ .......
Building Inspector
TOWN OF SOUTHOLD, NEW YORK
Tc'~a C~erk
APPLICATION FOR SPECIAL EXCEPTION
Application No.',~3
Date Filed:
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
I (We), TARTAN OIL CORP. ofl50 Broad Hollow Rd.
(Residence, House No. and Street)
Melville, NY c/o William D. Moore, Esq. Suite 3 Claase Commons Mattit
(Ham]et, State, Zip Code, Telephone Number) 298-5674
hereby apply to /HE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE VII , SECTION 100-70 , SUBSECTION b5
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale): partial self-service gasoline station 'at
Mobil station at Marratooka Lane and Main Road in Mattituck, NY
A. Statement of Ownership and Interest.
Tartan oil Corp. is(are) the owner(s) of
property known and referred to as Mmrr~onkm T.an~ ~nrt Ma~n $~n~rt M~t~-ituck
(House No., Street, Ham/et)
identified on the Suffolk County Tax Maps as District ]000, Section llb, Block 3 ,
Lot(s) 9 ,' which is not (is) on a subdivision Map (Filed ,
"Map of "Filed Map No. ,
and has been approved by the Southo'ld Town Planning Board on
as a [Minor] [Major] Subdivision).
The above-described property was acquired by the owner on 1 ~/~n./~qT-2
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or ~e.rsons in t.he neig.hborhood fo.r the .fo~l.owing reasons: Site is presentl~
improveo Dy retai, gaso±ine service s~a~on. The self-serVice aspect
such use will have no impact upon the surrounding neighborhood. Such
a use is reflective of the demands of the public and the costs of
gasoline and petroleum products. Self-service now accoun'ts for more
than 80 percent of petroleum sales. The proposed use will comply in a.
ways with the requirements of sections 100-70 b4 and 5 (see add'l pg.)
C. The preperty which is the subject of this application is zoned B-1 ar
[ ×] is consisto~lt wi~h the use(s) described in the Certificate of Occupancy being
furnished herewith.
L ] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason(s):
COUNTY OF SUFFOLK) ' .
STATE OF NEW YORKi ss.:
·
Sworn to ~b~fore me this /,~/day of
ZB2 (rev. 2/6/86)
TARTAN OIL CORP. SPECIAL EXCEPTION APPLICATION PAGE 2
B. cont'd.
to insure the safe and orderly use of the property. The proposed use
will not adversely affect the health, safety, welfare, comfort,
convenience or order of the town.
The character of the use and development of uses in this zoning district
will not be affected by the approval of partial self-service on this
property. Nor will the proposed use adversely affect property values.
Partial self-service will not unduly increase vehicular traffic con-
gestion. Nor will such a use have effect on the availability and
adequacy of water and sewer resources. No additional parking demands
will be created by the proposed use and there will be no additional
noxious gases, odors, dust~light, vibration or noise by approval of
partial self service facilities. The fire suppression system will
reduce risk of injury and property damage. The proposed use will not
produce overcrowding or undue concentration of people on the property.
Petitioner proposes that southerly side of southern is~.and provide
full service operation with balance of southern island and northern
island to provide self-service. In addition kerosene and diesel
pumps are proposed to be self-service. Diesel and kerosene are standard
petmoleum products offered for sale at gasoline service stations.
Motorists using diesel and keresene are penalized wi~h higher prices
if such products must be provided only on a full-service basis. In
addition, many operators, particularly truck operators, prefer to
pump their own fuel. Such preference is still penalized with higher
fuel prices if full-service must be offered at that pump.
INDEX NO .............................................................................
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
-against-
BOARD OF ZONING APPEALS OF THE
TOWN OF $OUTHOLD,
Respondent.
NOTICE OF PETITION
and
VERIFIED PETITION
LEVINE & rOBINSON, P.C.
Petitioner
/lttorneys for
50 CHARLES LINDBEIRGH BLVD.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TO,tN OF SOUTHOLD,
AFFIDAVIT
Index No.
Respondent.
- X
STATE OF NEW YORK )
)
COUNTY OF NASSAU )
ss:
BARRY TALLERING, being duly sworn, deposes and says:
1. I am the President of Tartan Oil Corporation
("Tartan"), Petitioner herein, and accordingly have personal
knowledge of the facts and circumstances set forth herein.
2. This Affidavit is submitted in support of
Tartan's'Petition pursuant to Article 78 of the C.P.L.R. to
review
{!Appeals
"Special
i'
the determination of the Southold Town Zoning Board of
("Board") in denyl~g Tartan's application for a
Exception to use its existing gasoline
1
_service
station atI Main Road and Marretooka Lane, Mattituck (the
"Premises",), as a partial self-service gasoline service
station.
including
taxation,
controls,
3. Tartan is engaged in the business of owning
real propeity which it operates and/or leases as gasoline
service stations throughout Nassau and Suffolk Counties.
4. Tartan has been in this business, through
predecesso¥ companies, for over forty (40) years, and
presently Owns and/or operates and/or supplies approximately
fifty-fivel (55) gasoline service stations throughout Long
Island, thirty (30) of them in Suffblk County.
5. Tartan maintains an experienced staff at its
corporate headquarters in Melville, Suffolk County, New York,
including specialists who are fully familiar with the
complexities of operating gasoline service stations today,
real estate, leasing, petroleum franchising,
environmental regulation, zoning and local
~tc.
Tartan purchased the subject Premises in 1970.
At that rice it was an existing full service gasoline service
station, a~nd as the Board found herein, had been a gasoline
service sthtion since at least 1956.
9. In 1986 Tartan decided to upgrade the
Mattituck ~station as part of a general program of bringing
all of ltd properties up to ~e latest standards of gasoline
service stlations on Long Island.
8. Before investing the large sums of money
necessary to upgrade the property, Tartan wished to make
certain that it had the legal right to continue the operation
as a gasoline service station as had existed at that location
for the past thirty (30) years or so. Accordingly it sought
a new Certificate of Occupancy from the Southhold Town
Building Department, which it received on May 30, 1986,
confirming its right to continue operation as a nonconforming
use (Petition, Exhibit NO. "3").
9. In reliance upo~ that Certificate of
Occupancy, Tartan commenced a renovation project which during
the past two (2) years has involved the expenditure of in
excess of Three Hundred Twenty-Five Thousand ($325,000.00)
Dollars for reconstruction and installation of the latest
equipment for the storage, pumping and sale of gasoline at
retail, incorporating the latest environmental protection
features and devices, such as new leak-proof double walled
fiberglass underground storage tanks, vapor control
equipment, self-service dispensing and monitoring equipment
and convenience store facilities.
10. Self-service has become an increasingly
important and competitive feature of gasoline service
stations throughout the nation and Long Island, and Tartan
has been converting most of ~s stations to incorporate this
feature for the past several years.
3
1%. Tartan was aware of the fact that while some
communitie~ have no regulations concerning self-service
gasoline service stations at all, and others ban them
entirely, the Town of Southold allows "partial" self-service
gasoline service stations as a permitted use in the "B-I"
General BUsiness Zoning District in which its Mattituck
station was located, as a special Exception subject to
Zoning Boarld of Appeals approval.
~2. Tartan is well aware of this requirement since
within th& past year it sought' and obtained a Special
Exception from the same Board to operate its facility in
Peconic, located within the same Town and within the same "B-
1" Zoningl District, as a partial self-service gasoline
service s{ation. In that Application, as here, Tartan
installed ~ostly specialized equipment to render it able to
meet the requirements of the Zoning Code, which the Board
accepf'ed, i
13. Accordingly, Tartan, working closely with the
Town Building Department and following the requirements of
the Town Zpnlng Code, constructed its facilities in Mattituck
so as to ~omply with the Code and simultaneously applied for
the Specia!l Exception.
114. The only additional permit required by the
Town Building Department was for the "Canopy", a roof-like
structure over the dispensing pumps, which besides providing
4
shelter and light, contains a sophisticated and costly
automatic "foam" fire extinguishing system necessary for
self-service operation. This permit was applied for and
duly issued on or about April 1, 1987 (Petition, Exhibit No.
"1" at ~7).
15. During all the years Tartan has owned and
operated this facility, we have no record of ever having been
issued any violation by the Town Building Department, and
none was introduced in evidence at the hearing for the
Special Exception, either in connection with previous work
done on the Premises or the renovation here described. No
representative of the Building Department was called as a
witness.
16. We understand that a partial self-service
gasoline service station is a permitted use under the
Southold Zoning Code, subject to the standards enumerated.
Tartan has indicated that it is prepared to meet those
standards and has in fact, already installed the costly
specialized equipment to enable it to do so.
17. We believe that the objections raised by the
Board are not based on substantial evidence in the record and
are irrelevant to Tartan's status as a legally recognized
non-confgrming use which is ready, willing, and able to
conform to the additional standards required of a partial
self-service gasoline servic~tation.
WHEREFORE,
the reliefi sought
entirety.
Sworn to before me this
your deponent respectfully requests that
in this application be granted in its
B ering
~3~day of June, 1988.
NOTARY pUBLI~, State of New Yon%
No, 30-4630269
QuoJified il Nassau CounbJ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
TARTAN OIL CORP.,
Petitioner,
- against -
BOARD OF ZONING APPEALS OF THE
TOWN OF $OUTHOLD,
Respondent.
AFFIDAVIT
Index No.
STATE OF NEW YORK )
) Ss.:
COUNTY OF NASSAU )
JOEL H. JOSEPH, being duly sworn, deposes and says:
-~ 1. I am an attorney admitted to practice before
the courts of the State of New York and am counsel to LEVINE
& ROBINSON, P.Co, attorneys for Petitioner. As such, I am
fully familiar with the facts and circumstances surrounding
this Article 78 Proceeding.
2. I make this affidavit in support of the
instant Petition, pursuant to Article 78 of the C.P.L.R., to
review the determination of the Southold Town Zoning Board of
Appeals ("Board") dated May 12, 1988~ and filed in the Office
of
SE
the Towl. Clerk May 26,
(Exhibit. NO. "1").
1988, under
Application No.
3633-
3. The determination denied the Application of
Petitioner iTartan Oil Corporation ("Tartan" Or "Petitioner")
for a Special Exception under Article VII, ~100-70.B of
Chapter 100 of the Code of the Town of Southold ("Zoning
Code"), fog approval of the establishment of a partial self-
service ga'soline service station on an existing gasoline
service station located in a "B-l" General Business Zoning
District.
4' The determination w&s illegal, arbitrary and
capricious, unjust, contrary to law, an abuse of discretion,
and not baBed upon substantial evidence, for the reasons set
forth in the Petition and the accompanying Affidavits.
B. A "special exception" is not defined in either
the enabli~'ng statute (Town Law ~267) or in the Zoning Code.
The Zoning' Code simply states that this use, "partial self
service galsoline service station' is "permitted as a special
exception iby the Board of Appeals" (Article VII, :~100-70.B)
[emph. sucp.]. Obviously, then, a partial self service
gasoline service station is a permitted use, not a prohibited
one or one~ for which a variance is required.
16. The burden of proof on an applicant for a
special 0xception is much lighter than the statutory
"practica~ difficulty or unnecessary hardship" required for a
variance (Town Law ~267.5). The applicant need not show
that it has been denied any reasonable use of the property
but only that the use desired is one that is "contemplated by
the ordinance subject only to 'conditions' attached to its
use to minimize its impact on the surrounding area." No~th
Shore Steak House v. Board of Appeals, 30 N.Y. 238, 331
N.Y.S.2d 645 (1972).
7. The issuance of a special exception "is a duty
imposed upon the Board of Appeals by the terms of the Zoning
Ordinance, which duty is to be performed in the manner
therein proscribed ... [The Board must] determine whether,
upon the proof before it, the prdposed use met all of the
standards enumerated in the Ordinance ... if all the
standards were met, it was under a duty to grant the
request". Syosset Holdin9 Corporation v. Schlimm, 15 Misc.2d
10, 159 N.Y.S.2d (Sup. Ct. Nassau Cry. 1956), modified on
grounds, 4 A.D.2d 766, 164 N.Y.S.2d 890 (2nd Dept.
other
1957).
The Board is restricted to the standards set
forth in the Zoning Code in its decision to grant or deny a
special excePtion. Koch v. Zonin9 Board, 54 Misc.2d 1090,
284 N.Y.S.2d 177 (Sup. Ct. Westchester Cty. 1957).
9. The standards for the establishment of a
partial self service gasoline service station are enumerated
under subdivision (a) through
Zoning Code, which provide:
"(a) Each partial self-service
gasoline facility shall have a
3
(g) of ~100-70.B(5) of the
c)
d)
qualified attendant on duty
whenever the station is open
for business. It shall be the
duty of the qualified attendant
to control and operate both the
console regulating the flow of
gasoline to the dispensing
equipment thereafter to be
operated by the customer at the
self-service pump island and
the dispensing equipment on the
other pump islands.
Gasoline shall at no time be
dispensed without the direct
supervision of the qualified
attendant. A control shall be
provided which will shut off
the flow of gasoline to the
dispensing equipme .nt at the
self-service pump island
whenever the qualified
attendant is absent from the
control console for any reason
whatever, including when he is
operating the dispensing
equipment on the other pump
islands.
The console regulating the flow
of gasoline to the remote
dispensing equipment thereafter
operated by the customer at the
self-service pump island shall
be situated in such a manner as
to g ire the q ual i fied
attendant controlling said
console an unobstructed view of
the operation of said remote
dispensing equipment.
The self-service pump island
shall have controls on all
pumps that will permit said
pumps to operate only when a
dispensing nozzle is removed
from its bracket on the pump
and the switch for this pump is
manually operated.
(e)
(f)
(g)
The self-service pump island
shall be protected by an
automatic fire protection
system in the form of an
approved system of dry power
release which will act as an
automatic fire extinguisher.
No customer shall be permitted
to dispense gasoline unless he
shall possess a valid motor
vehicle operator's license.
There shall be no latch-open
device on any self-service
dispensing nozzle."
10. These standards are.~ssentially operational in
nature, and Petitioner indicated in its application to the
Village, in its appeal to the Board and in its presentation
before the Board, that it was prepared to comply with these
requirements and had, in fact, expended substantial sums of
money to install the necessary equipment in order to meet
these standards (See Affidavit of Barry Tallering, ¶¶ 9-12).
There is nothing in the record before the Board, or indeed in
the Board's decision, to indicate that Petitioner failed to
comply with the standards outlined in the Code or, for that
matter, once conversion to partial self-service was
implemented.
il. As this Court stated in reviewing the decision
of the same Respondent Board in an earlier case: "Where ..o
the record contains
applicant's testimony
meet the standards of
no evidence which controverts the
that he is ready, willing and able to
the Ordinance the Board's refusal to
5
... grant the exception will be reversed by the courts as an
abuse of discretion." Baxter v. Gillespi~., 60 Misc.2d 349,
303 N.¥.S.2~ 290 (Sup. Ct. Suffolk Cry. 1969).
12. The Code section referring to partial self-
service gasoline service stations also provides that in
addition 4o the special provisions of S100-70.B(5) they
"shall be ~ubject to all of the provisions of S100-70.B(4)"
The latteri sets forth the basic requirements of "(p)ublic
garages, g~soline service stations and new and used car
lots", presumably ordinary, non self-service, or what we
might call !"full service" gasoline ~ervice stations.
13. But a full service gasoline service station
had been operated on the premises since at least 1956, by the
Board's own findings {and since 1970 by Petitioner) as a
nonconforming use, and Petitioner had obtained a Certificate
of OccupanCy-Nonconforming Use as recently as May of 1986
{Exhibit No. "3"). It is therefore doubtful that the
provi~ionslof S100-70.B(4) would apply to Petitioner.
The Board in its decision questioned the
validity this Certificate of Occupancy, stating it "does
not apply"I. The Board had not the authority to arbitrarily
invalidateI this Certificate of Occupancy. In the ease of
Bekermus V. Nardy, 123 Misc.2d 378, 472 N.Y.S.2d 570 (Sup.
Ct. Suffolk Cty. 1984) this Court declared that a town Board
of Zoning! Appeals was without jurisdiction to invalidate a
Certificate of Occupancy.
15. The Zoning Code herein gives no specific
authority to the Board to override or invalidate a duly
issued Certificate of Occupancy ($100-144.A through ~).
Furthermore, Bekermus holds that the vacating of a
Certificate of Occupancy must be based on substantial
evidence and not "based upon conjecture [and] speculation".
The Certificate of Occupancy in question was not questioned
at the hearing and there is no evidence in the record to
support the Board's claim that it "does not apply".
16. The Board, in its Decision, alleged certain
"historical information" solely "uDon information and belief"
concerning the premises, including undocumented allegations
of alleged lack of authorization. However, none of this
material was introduced at the hearing and none of it is
contained in the record. Neither the Building Inspector nor
any Town official was called as a witness, no Town records
were introduced as evidence, and the Petitioner had no
opportunity to confront these allegations, which have the
status of nothing more than unsubstantiated, off-the-record
hearsay. The courts have held that it is patently improper
for a Board of Appeals to "penalize ... illegality by
proscribing application for a validating special exception"
where no such authority exists in the Ordinance. Balduf v.
Michaelis, 22~ N.Y.S.2d 175 (Sup. Ct. Nassau Cry. 1961).
17. In its Decis,~n, the Board also alleged that
"the use will adversely affect the safety, health, welfare,
7
comfort, convenience and order of the Town; ... will prevent
the reason.,able use of adjacent or nearby residential
properties; ... and will cause disturbing electrical
discharges, light, vibration and noise." (Exhibit No. "1",
~18(a),(c), and (d)). There is absolutely no evidence in the
reoord to support these determinations. The courts have
consistently held that "the denial of a special permit may.
not be based upon general objections or conclusory findings
without evildentiary support in the record." Sullivan v. Town
Board of Riverhead, 102 A.D.2d 857, 476 N.Y.S.2d 577 (2d
Dept. 1984); Green v. LoGrande, 96" A.D.2d 524, 464 N.Y.S.2d
831 (2nd Dept. 1983); Tandem Holding. Corp. v. Board of
Appeals, 43 N.Y.2d 801, 402 N.Y.S.2d 388 (1977). "Rather the
Board may'only act upon substantial evidence indicating,
e.g., that the contemplated project is substantially
deficient under the legislated criteria governing the
issuance a special use permit" [emph. supp.]. Sullivan,
supra, at ~81; Robert Lee Realt~ v. Village of Spring Valley,
61 N.Y.2d 892, 474 N.Y.S.2d 475 (1984); Tandem, supra.
118. A major determination of the Board was that
"the use is not consistent with the general purposes,
regulatiogs and intent of Chapter 100 [Zoning]" (Exhibit "1",
~18(b)). This determination, besides being wholly conclusory
and not based on substantial evidence in the record, is
unsupportable as a matt~' of law. The courts have
consisten%ly held that since a special exception is a use
expressly permitted by Ordinance, the inclusion of such use
is thus "tantamount to a finding that the permitted use is in
harmony with the general zoning plan and will not adversely
affect the neighborhood." North Shore Equities, In~.. v.
Fritts, 440 N.Y.S.2d 84, 8 A.D.2d 985 (3d Dept. 1981); North
Shore Steak House, supra; Syosset Holding Corp., supra.
Denial of a special exception on the grounds that it is "not
consistent with the general purposes ... and intent" of the
Zoning Code is, therefore, "patently inconsistent", (North
Shore Steak House, ~upra; 3 Anderson, American Law of Zoning
S15.13), and cannot be sustained a~'a matter of law.
WHEREFORE, your deponent respectfully requests that
this Court issue a judgment pursuant to Article 78 of the
C.PoL.R. directing the Zoning Board of Appeals to issue a
Special Exception to Petitioner under Article VII, ~100-
70.B(5) of the Zoning Code of Southold to establish a partial
self -bervice gasoline service station in a ~"B-l" General
Business Zoning District and for such other and further
relief as to this court may seem just and proper, together
with costs of this proceeding.
Swor~to before me this
_~a~y o~f~Jun~e, 19_~88/
Notary P'u b 1~1' 6
9
Sou hold Town Board of Appeals
MAIN ROAD- STAT£ ROAD ~.5 SOLITHDLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3596-85
Application Dated December 26, ]986
TO: William D. Moore, Esq. as Attorney
for TARTAN OIL CORP.
370 Terry
Southold, NY l1971
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on
the above
on your
March 5, 1987,
appeal was considered, and the action indicated below was taken
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
IX] Request for Special Exception ~nder the Zoning Ordinance~
Article VII , Section 100-70(B)[4 & 5]
[ ] Request for Variance to the Zoning Ordinance
Article , Section
Request for
Application of TARTAN OIL CORP. for a Special Exception to the
Zoning Ordinance, Article VII, Section lO0-70(B)[4-& 5] for permission
to establish a partial self-service gas station in conjunction with
full-service gas station approved 6/29/72 under Appl. No._~4. Loca-
tion of Property: 32400 C.R. 48, Peconic, NY; ,County Tax ~ Parcel
No. 1000-74-4-7.1 (6 & 7).
WHEREAS, a public hearing was held and concluded on February 5,
1987 in the Matter of the Application of TARTAN OIL CORP., Application
No. 3596; and
WHEREAS,_~t said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. This is an application for a Special Exception as permitted
by Article VII, Section lO0-70(B), Subsections 4 and 5 of the Zoning
Code for a partial self-service gasoline, kerosene and diesel pumping
station.
2. The premises in question is located in the 'B-l" General
Business Zoning District, containing a total lot area of 34,029 sq.
ft. with 194.54 ft. frontage along the south side of Middle Road
(a/k/a C.R. 48), Peconic.
3. Requested by this application is the use of: (a) self-service
pumps for sales of regular, unleaded, and premium gasoline, on two
existing islands located at the westerly portion of the premises with
minimum setbacks of 69 feet from the front property line [along C.R.
(CONTINUED ON PAGE TWO)
DATED: March 5, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3596SE
Matter of TARTAN O~L CORP.'
Decision R~~~ 5, 1987
48], 48 feet from the west side property line, and 100m feet from
the rear (south) property line; (b) one self-serve kerosene pump,
presently full service; (c) one self-serve diesel pump, presently
full service; (d) overhead canopy; all as shown by Site Plan
amended January 29, 1987, prepared by Merritt H. Deutzman, P.E.
4. The subject premises is improved with the following
structures: (a) full-service island with gasoline pump, just east
of the e×isting service building; (b) new 20' by 32' service
building set back approx!mately 71 feet from the front property
~ line [along Midale Road], '(c).one .kerosene pump and one diesel pump,
.~oth presently f~ull service; (d) two islands just west of the
existing servic9 ~uilding; (e) overhead canopy, all also as shown
on sit~ plan amended January 29, 1987, prepared by Merritt H.
Deutzma~, P.E.
5. ~r the record it is noted that conditional approval was
granted by the Southold Town Planning Board August 25, 1986 con-
serning the Site Plan, and conditional Temporary Certificate of
Occupancy No. Z15158 and Building Permit No. 14696Z were issued
concerning these premises.
6. It is also noted for the record that it is the understanding
of this Board that the service building will be used for office and
sales area incidental to this gasoline service station and will not
be operated as a separate business use or entity. By letter dated
December 23, 1986, the Town is assured that no foodstuffs requiring
a food-service permit from the County Health Department will be
offered for sale.
7. It shall be understood further that this project must
comply with those conditions set by the Board of Appeals June 29,
1972 under Application No. 1584 for the construction of a gasoline
service station, including but not limited to items (b), (c) and
(f) thereof:
(b) Vehicle lifts or pits, dismantled automobiles,
and all parts or supplies shall be located within a building;
(ci-'-All service or repair of motor vehicles other than
such minor servicing as change of tires or sale of gasoline and
oil, shall be conducted in a building;
(f) No motor vehicle sales, used car lots, gasoline
services or repair shops, or similar businesses, are to be
located within 300 feet of a church, public school ... or within
300 feet of any residence district.
In considering this application, the board also finds and
determines: (a) the use requested will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent
use districts; (b) the use will not adversely affect the safety,
welfare, comfort, convenience or order of the town; (c) the use is
in.harmony with and will promote the general purposes and intent of
zoning. The board has also considered subsections Iai through [1]
of Article XII, Section 100-121(C)[2] of the Zoning Code in making
this determination.
Accordingly, on motion by Mr. Douglass, seconded by Mr. Goeh-
ringer, it was
RESOLVED, to GRANT a ~pecial Exception in the Matter of
(CONTINUED ON PAGE THREE)
Page 3 Appl. No. 3596SE
Matter.of~A~TAN OIL CORP.
Decision Rendered March 5,
1987
the Application of TARTAN OIL CORP., No. 3596, for the estab-
lishment of self-se'~vice gasoline sales on the two existing
pump islands on the westerly portion of the subject premises
as shown on Site Plan amended January 29, 1987, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. This Special Exception is limited to the two islands
on the westerly portion of the premises (as exists) for the
sole purpose of selling regular, unleaded, and/or premium
unleaded gasoline; and is not to include self-service pumps
for the kerosene or diesel pumps requested;
2. No food service or preparation of foods, as proposed,
except by additional applications to this Board pursuant to
Article VI, Section 100-62, the Planning Board, County Health
Department, and any other agency having jurisdiction thereof;
3. No additional structures or buildings, nor increase
of sales/office area, without re-application for consideration
to both this Board and the Planning Board, and any other
department or agency having~ jurisdiction thereof.
4. Prior Conditions under Special Exception No. 158~
rendered June 29, 1972 for the operation of this gasoline
service station.
Vote of the Board: Ayes: Messrs.
Doyen and Douglass. (Member Sawicki was
tion was duly adopted.
Goehr~nger, Grigonis,
absent.) This resolu-
lk
GERARD P. GOEHRINGER, C'HAIRMAN
March 10, 1987
Permit No. ~r.2,3 ......
PERMIT UNDER SECTION 136 of ARTICLE VI of HIGHWAY LAW
WHEREAS, a certain highway known aa the Middle Road C.R. No. 48
has been improved and is on the Suffolk County Road System and
Tartan Oil
WHEREAS,
P.O. Box 1017, Melville, NY 11747
re uests er inside to
build 210LF+ of concrete curb, 6" asphalt paving, driveways to be signed ~r r~g~t turns
in & right turns out; restore County R.O.W. All per S.C. Specs & Typical Sections. On
aapersketchormapaBached, the s/s/o Middle Road, C.R. 48, @ s/w/c of Public Road, Hamlet of
Peconic, Town of Southold.
NOW, THEREFORE, permission Is hereby granted to said Tartan Oil
to do said work upon the following conditions:
CONDiTiONS AND RESTRICTIONS
1. When concrete Is removed, cut concrete with concrete saw two feet outside Ihe limits of the proposed
excavation and tor the lutt panel width. When the cut is made in pavement wiihln 10 feet of Ihe panel Joint, Ihe
pavane nt shall be rem oved for lull panel width from the cui on the far side of lhe excavallon 1o ihe pa nel join t.
2. Backfill and ihoroughly compact fill using POWER TAMPER, placing soils so that various types of sci{ are {n
same relative position as before excavating. Grade to original surface.
3. Replace pavement, sidewalk or surface same as existing; if concrele, replace using 1:1 3/4:3 1/2 mix stone
mix concrete; If bituminous material, replace using same type as removed.
4, II concrele curb Is removed, replace with similar curb 1:1 3/4:3 1/2 mix.
5. Edge of Jacking Pits or any oiber excavation shall be not less Ihan 5 feet from Edge oi Pavement, No
undercutting allowed In Pit.
6. Noilly the Department at Yaphank 924-3451 when Ihe work Is to begin so thai an Inspecilon can be made of
the operation.
This permit shall not be assigned or transferred wilhout the written consent of the Commissioner of Public Works.
The work authorized by this permit shall be performed under the supervision and to the satisfaction of the Commissioner of Public
Works or his representat{ve~
Particular attention is called to the necessity of thoroughly compacting the back fill, which will be required by the Commissioner of
Public Works.
The Commissioner of PubBc Works shall be given one week's notice by said applicant of the date when it intends to begin the work
authorized by this permit, and prompt notice of Its completion.
The said applicant hereby agrees to hold the State, County and Town harmless on account of damages of any kind which may arise
during the progress of the work authorized by this permit or by reason thereof.
Applicant certifies all parsons concerned with actual work under this permit are duly covered by Workmen s Compensation Insurance
and the State, County and Town shall be held harmless on account thereof.
The Commissioner of Public Works reserves the right to at a ny time revoke or annul lhis permit should the said a pplica nt fail to corn ply
with the terms and conditions upon which it is granted.
The appNca nt agrees to pay all necessary expenses incident to supervis[on and inspect(on by reason ol the g~anting of such permit as
certitied by the Commissioner of Public Works, such payment to be made within ten days from the rendering of the cerlified account.
Work under this permit to be commenced within thirty days from the date of permit and continued in an expeditious manner.
The applicant shall submit a detailed plan of structure to be built, with a description of proposed method of coestruction.
It is understood that should future changes in the alignment or grade of the highway require changes in the work covered by this
application and permit, th'e applicant shall on reasonable notice from the Commissioner of Public Works make such necessary changes at
his own expense within the brae so specified in notice. '
Traffic shall be maintained by the applicant on this section of the highway while the work is in progress and until its final completion.
Certified Check ir~ the sum of $ .~, 000.00 payable to the Courtly Treasurer of Sulfolk County is
A
on file
deposited as will be restored to its original condition where disturbed at the expense of the applicant, as soon as
and the said Commissioner of Public Works Is hereby authorized to expend all or as much of such deposit as
purpose, should the said applicant neglect or ~efuse to perform the work.
this permit the undersigned accepts it subject to conditions described.
Commissioner of Public Works, Suffolk County
.......... .9~ce~e~. 22.,. .................
Oate
TO AVOID SERI~S DAMAGE TO VITAL UNDERGROUND FACILITIES, PLEASE CALL LONG ISLAND LIGHTING COMPANY AT
JUNIPER 2-9000 OR FOR TELEPHONE FACILITIES CALL N.Y. TEL. CO. FLORAL PARK 2~OFFIClAL 2§ BEFORE STARTING THE
WORK AUTHORIZED BY THIS PERMIT.
CC: Town of Southold
Form P-136
~RTMENT OF
Approval Collstruded
H.D. Ref.
in compliance w~h ]~1~ plans.
JUN 0 i 1990 OL
DATE CHIEF OF
~PlGINEERING
* lo~.9 ~ ...... ~ ~101,4 + IohO~ t Io2,1 [ ~o~L 0
~~ Lo~ 4.0"
To ~su~ oo~O. J t [ ~e ~Ic ' ' ~ , ' .~o~,4 .....
, , ~ ~. ~c~,J~r~ ~ ~i~',~) ~L~ ~t~ ~ 4e~ cu~.t~ T~
~ ~ ~9v~ , / ,, ~ ~
~2'- ~" I ," ~" t G'- ~'' ZC'- ~' ~'- ,3"~' ~ ~;:~ ~4~ UU,T ~F
~ FOLL ~ IS~oO : To ~''W LoTAg~A.34ozg~,~ c~Oo;~o4~ ~l~qaSf. Pnueun~ f2~51
,, c. :
58 CHERRY LANE 112 HO%RD AVE,
,,~ SMtTHTOWN N Y 11787 MIDDLE~X N.J.
CCUPANCY OR
USE IS UNI.AM1JL
WITHOUT CEmlFICA~
OF OCCUP~J~
PI, IIMI~R C~IfflNcA rloN
ON IZAD CONTENT E, EFORE
CERTIFICATE OF OCCUPANCY
ff ooo~er tuM~ b ~oed
APPROVED AS NOTED
765-1802 fl AM TO 4. PM POR THE
FOLLOWING INSPECTIONS:
I'
A
F~or ._~E?.,~m_~_! o__P .....
4-" f 4" ~o o~Z~u~"
0 FII~I.
IL WITHOUT RESTRICTIVE,,~ COVENANT.
.~UFFOLK COUNTY DEPARTMENT OF
~ H.D. Ref. No,
approval is granted for the construction of
and water suppJy [aciJitJes pu
V~ oqd 7 o[ ;he Suffotk Count/
~LOW
~9 1985
DATE
A
.?
0 I
'1
I communications to
must include the Hnulth
Reference I~. und the Tax
No.
0
3L4'
PVT,
~ RTIFICAlr u---
oCCUPANCY OR
USE IS UNLAWFUL
WITHOUT CERIIFICgE
OF OCCUPNqC¥
If coplw' tubing b uIi4
fa' 'wale' dlltriJxltlng
d typJa K er L oNII
AppROVED AS NOTED '~///////
~OTI~¥ BUlLDNG DEPARTMENT
765-1802 9 AM TO 4 PM ~R THE
FOLLOWING IN3pECTIONA:
1 FOUNOAqON ~O REQUIRED
F~P POLJ~O CONniE
J
/ I[4' FU~FE CL,I~S
FI - 4:0" z LAr4p Ft~,og. (.IgOT'
F2 - 0:o" t LA~V FL0O~.. Fit,
A LLE I.J'..~ 51;.P*LV, C ~. CE,UT'D:~L
ALU~
(F'IEL0 INSTAL L~
24 GA. (5~o~
I F'-,=',OTTO,~ O~ F~c~^
TYPICAL
FACIA
2..I b" t Z
2" /:lNc,
\
X \
X \
x \
\ 'x
PANEL
X
X
X
X \
4
~.L£VATION5 OF TOPS
5N,NG~-£ ~F..Clrvr'p TO C.nN~..L.
SIDE
SECTION
x,-\
'x \
\
X\
\
NEL CLIP
/Too~
~,x Ig., Tr...F, ('F~£LD INSTALL) ON
TYPICAL END
FACIA SECTION
As
FACIA LA'YOU T
F-Ac. IA SECT/ON ..~HALL ~1£ /'~ITE/:~EO ToTNE D~PIE/wSioN$
'\
REVISION
FACIA SECTIONS
TEA/ HO~VE ~ROTHER~
~ ~ I ~ OF .~"A LUH/~Um' ,SWlNGLE P&E/~ for
r~
"'"7
March 24, 1986
Building Department
Town of Southold
Town Hall
Southold,
ATT:
New York 11971
Victor Lessard
Allen W. Ovsianik - Tartan Oil
Middle Road, Peconic, New York
Dear Mr. Lessard:
Corp.
In connection with the above-captioned matter, I am
enclosing a Site Plan, DWG# AO-8401-8 which shows the Suffolk
County Department of Health Services approval. Kindly let
me know if there is any other information you need to issue
the building permit.
RFL/bd
Enclosure
Very truly yours,
Richard F. Lark
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southotd, N.Y.
TEMPORARY
Certificate Of Occupancy
No Zl515.8 Date January 2 ..... 19 87
THIS CERTIFIES that the buiJdhlg .... I~ .E .T A.I.I~, .S ~.Px V. ! ~ ~. ,S. ? .A.T.I.Q N. ................. ~
Location of Property . 3. .2 .4.0.0., .C ~..R.... t! .4 .8 ........ ' ............. .P.E.C.O..N.I.C. ..............
County Tax Map No. 1000 Section . .0..7.4 ....... Block .... 9 .4 ......... Lot ...0. 7. ............
Subdivision ............................... Filed Map No ......... Lot No ..............
conforms substantially to the Application for Building Permit heretofore filed in this office dated
Jan. 6 8.6. p h Buildlng P 14696Z
...................... 19. ursuant to whic ermit No ......................
dated.......................Mar' 25 ..... 19.8.6.,wasissued, andconformstoailoftherequlrements
of the applicable provisions of the law, The occupancy for which this certificate is issued is .........
.... Re tg.~.].. $ e.r.x[ ~ c ~..~; O/-.i.o~q ......................................... . .........
The certificate is issued to . .T..A.R.T:~N... p.I.~.. [:.O.R.P.; ......................................
of the aforesaid building.
SuffoIk County Department of Health Approval ...... F./.A ................................
Canopy
Self Service approval
Final coating on paved area .
accepted list of items for
Building Inspector
FORM NO. 6
TOWN OF SOUTROLD
Building Department
Town Hall
Southold, N.Y. 11971
765 - 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be firled in typewriter OR ink, and submitted · ~ to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2.Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3.Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5.Submk Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
[and uses:
1. Accurate survey of pZOperty showing all property lines, streets, buildings and unusual natural or
topographic features.
2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Certificate of occupancy $5.00
2. Certificate of occupancy on pre-existing dwelling $15.00
3. Copy of certificate of occupancy $1.00
4.Vacant Land C.O. $5.00
5. Updaled C.O. $Z5.00 Date..
NewC°nstrucL±°n ...... Old or Pre existing Bugding ............ Vacant Land .............
Locatio. of Property. .2. g.q . ¢. ..... .O. ........
Owner or Owners of Property '~--~/~:~J~ f (~) I ~-
County Tax Map No. 1000 Section ............ Block /'// Lot 7,
Subdivision
................................. Filed Map No ........... Lot No ..............
Permit No ........... Date of Permit .......... Applicant ..................................
Health Dept. Approval ........................ Labor Dept. Approval ........................
Underwriters Approval ........................ Planning Board Approval ......................
Ret?est for Temporary Certificate....~" .............. Final Certificate .......................
Fee Submitted $ .............................
above described building and per it ts ali ' bio c s and regulations.
Applicant ..... . .................
TO
FR~DM
4" .~ ,, ..~ ~ .~,,x,,.~,.~/ ~-4~-'-~-.~ . r ~z~ - --
~ REPLY REQUESTED
~NO REPLY NECESSARY ~ ~/~c ~/~
F~ ~k ~co',
[ 4H
d
~IOPL~
o~J CUSLl¢ ~.c,.
¢
TITL[
OULy
MH. DEUTZMAN PE
58 CHERRY LANE
SMITHTOWN N Y 11787
516-265-2256
PETROLEUM ASSOCIATES
G.F SCHAEFFNER
112 HOWARD AVE
MIDDLESEX N.J.08846
201-356-5188
Of 2
d
,j
+la;L4
TITLE
G.F SCHAEFFNER , ,
11~ HOWARD'AVE. '
MIDDLESEX N,J. O~ 'J
Ob'
c'oo4 r ~ r~5 ~
]
w?
I r
Il2" P'-¥wo,, o-
'6
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TITLE
PETROLEUM ASSOCIATES
M.H, DEUTZMAN f~E.
58 CHERRY LANE
SMITHTOWN N.Y. 11787
516-266-2256
G.F SCH~EFFNER
112 HOWARD AVE,
MIDDLESEX N.J 088~i
OWN SY ~-.~,
CH'K'D BY M-~.~.
PHONE' DAYS (516) 298-4270
EVENINGS (516) 298-4793
TWIN FORKS FIRE EXTINGUISHER COMPANY, INC.
"YOUR PROTECTION IS OUR BUSINESS"
MAIN ROAD R.R. #1 BOX 96B
MA~FITUCK, NEW YORK 11952
October 23, 1989
Town of Southold
Building Department
Main Road
Southold, N.Y. i1971
Att: Ye. Curtis Horton
Recently during my Lnspection of systems, I came
upon renovations that were made to the hoods that are
contrary to NFPA Cede 96. At present these systems
are not properly covered and would present a major
problem in case of a fire.
I would appreciate meeting with you at your
earliest convenience to show you what the problem is
and how it can be resolved. I am awaiting your reply.
Sincerely yours,
LJL: ida Leonard J. Ll[9~vellyn, Jr. / ~/'
TW/N FORKS FIRE EXTINGUISHER' C0.;, INC.
17''' P~'r_ FO~M
ALuM SHINGLES
~ALNt ,,-,~NAP - IN 'N.
CNANN[L
~.4 GA. (5~oP
\
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END
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TYPICAL SIDE
FAClA SECTION,
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~ c'_-'_J '
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\ \
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TYPICAL END
FACIA SECTION
\ ~ CoF~NEF~
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FACIA LAYOUT
C F. NT£ R,5
REVISION
GENERAL OFFICES
-$11 SUNSHINE ROAO
KAN$~,S CITY, KANSAS
o~w~.e .o. / or /
r~ A=Y, ~o?.
il
m J
2
glo" o.c,
TITLE
Ior7
,ay.
PETROLEUM ASSOCIATES
G E SCHAEFFNER
112 HOWARD AVE
MIDDLESEX N.J 08846
201-356-5188
M,H. D! UTZMAN PE.
58 CHE :~RY LANE
SMITH' OWN N.Y 11787
516-265 2256
DRAWING NO
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~ ~' ..... ' .... ~ PETROLEUM A~SOC~aT~s
' , ' , 4