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Home My WebLink About22871-z FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) NP 22871 Z Date . 7 19..E 57 V*4111-1' Permission Is hereby granted to: g-OR . I ~O.4! . ..~1..... . . . ............037.x.. ~a...~ a..7.,~9. -.....G,.......~...- . . at premises located at...... a°y..~~.. ~~.44.-.'S7....... e. v I............ . County Tax Map No. 1000 Section .......d.%L..... Block ..........c.:5-5 Lot No. pursuant to appilcatlon dated ....r° 19..............., and approved by the f Building Inspector. $..1...~... i Fee } 0' . Buildi g Inspector Rev. 6/30/80 THE NEW YORK BOARD OF FIRE UNDERWRITERS' _I 1.000441 BUREAU OF EI.ECTRICITY F- 85 JOHN STREET. NEW YORK, NEW YORK 10038 `dtiie AIRAIIST 13,1 9.1 Application No, onfile 132 t107YI 2 i0 IQ'?s <4 THIS CERTIFIES THAT only the electrical equipment as described below and introduced by the applicant homed on the above application number in the premises of in the ollowin /Deaf' Q lase e . t lst Fl. ? 2nd F'!. tft)"P .Sevtion Bork Lot t K teY~tIrS'a. o.,,Llti~. y was exornined mA artd found to be in compliance with the rrqulreneenty q( this Board. FIXTURE ECEPTACLES SWITCHES FIXTURES RANGES COOKING DECKS OVENS DISH WASHERS EXHAUST FANS G OUTLETS INCANDESCENT FLUORESCENT OTHER AMi K.W AMT K.W AMT K.W "T K W AMT. H P .l l) 9 .l 1 t) - DRYERS FURNACE MOTORS FUTURE APPLIANCE FEEDERS SPECIAL REC'PT TIME CLOCKS , BELL UNIT HEATERS MULTI-OUTLET DIMMERS AMT. K. W OIL H. P GAS H. P. AMT NO. A. W. G AMT AMP. AMT. AMPS TRANS. AMT H P SYSTEMS AMT. WATTS NO. OF FEET I 2p~ SERVICE DISCONNECT NO.OF S E R V I C E METER NO. OF CC COND A W. G. A. W G. A. W G. AMT. AMP. TYPE EQUIP. L0 ]W L~JW 599W S~RW PERe Of CC. COND NO OF HFLEG pF HILEG NO OF NEUTAAlS OF NEUTRAL S. /,UIl GA I Y i 3/0 "t. I/O 1 f OTHER APPARATUS: ` 1TON A/C VNITS_2 l 200AilP,NANVAI, TRAblSF'l`:R Sil GJ~~ J.V. f1T>N.C^;"RfC'. T,NC.r ~ 407 CENTRAL j?, BYTH.PAGN7 NY, 1.1714 GENERAL MANAGER r x.f 1 / FFFF Per p This certificate must not be altered in any manner; return to the office of the Board if incorrect. Inspectors may be identified by their credentials. COPY FOR BUILDING DEPARTMENT. THIS COPY OF CERTIFICATE` MUST NOT BE ALTERED IN ANY MANNER. 3 x THE NEW YORK BOARD: OF FIRE UNDERWRITERS 4 0U 1 ,1119 BUREAU Oi''gLECTRICITY 85 JOHN STREET, NEW YORK, NEW YORK 10038 z J1Tfly ;~9rE_,4)1 '7.1:?7S3) ij`.,9 N SY~3')R = Date Application No. on file THIS CERTIFIES THAT only the electrical equipment" described below and introduced by the applicant named on the above application number in the premises of Mi•;'CRO fSERVTCE, STAT10N, MAIN ROAD & lW('O'V f,ANS, N.Y. z _ in thefollowing brca 1 n: e, ertt LI ]st Ft. ? 2nd Fl. Section Block Lot c was examined on and found to be in compliance with the requirements of this Board. FIXTURE FIXTURES RANGES COOKING DECKS OVENS DISHWASHERS EXHAUST FANS OUTLETS ECEPTACLES SWITCHES INCANDESCENT FLUORESCENT OTHER AMT. K W AMT. K W AMT. KW. AMT K W AMT. H P. Tj DRYERS FURNACE MOTORS FUTURE APPLIANCE FEEDERS SPECIAL REC'PT TIME CLOCKS BELL UNIT HEATERS MULTI-OUTLET DIMMERS RI AMT. K. W. OIL H. P. GAS H. P AMT. NO. A W. G AMT AMP. PMT. AMPS TRANS. AMT H. P SYSTEMS AMT. WATTS NO.OF FEET r a 9 SERVICE DISCONNECT NO.OF S F R V I C E = MAT. AMP TYPE EOElT1EV 1/!']W 1%3W 3%3W 3%4W NO. pPERC%COND OF CC CON0. NO OF HI -LEG OF HILEG NO OF NEUTRALS OF NEUTRAL s OTHER APPARATUS: 10'(1111 6t-W.fl, { ).i.f~fl l+l_ ~ . SYST IN NOIGTOR CONTI?011 IRITIV--'1 XO!'ORS:2-1.5 li.'P. E ~'AAI'rI1~iH)ARDS:7-'"i,>~. C.`7.tt. '1,'l<5 s 3 _ AHC ~ SPARK M,X. 319 OAK AYyI, FfiANDI+IRS, IUY, 11.)03, GENERAL MANAGER 1.1 Per This certificate must not be altered in any manner; return to the office of the Board if incorrect. Inspectors may be identified by their credentials. COPY FOR BUILDING DEPARTMENT. THIS COPY OF CERTIFICATE'MUST NOT BE ALTERED IN ANY MANNER. o~osoFFock~o o~ Gym 02 x Town Hall, 53095 Main Road p • Fax (516) 765-1823 P. 0. Box 91971 y'pl Telephone (516) 765-1802 Southold, NewYork 1 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD July 7, 1995 808 Realty Corp. P.O. Box 1006 Westhampton, NY 11978 To Whom This May Concern: We are unable to complete your Certificate of Occupancy because of the following reasons: xx An application for Certificate of Occupancy is not on file. (Enclosed) No Underwriters Certificate on file. xx The check is not on file. $25.00 No Health Department Approval on file. No final inspection has been made. No Plumber Solder Certificate on file. (All permits involving plumbing being issued after April 1, 1984). BUILDING PERMIT # 22871-Z Please contact our office on this matter. Thank you for cooperation. SOUTHOLD TOWN BUILDING DEPT. - Certification required on suppression system. Affidavit required from professional engineer that canopy construction is in compliance with the N.Y. State Uniform Fire Prevention and Building Code. Signs are not included in this permit. They require separate permits. FORM NO. 3 4 ~ l 000 TOWN OF SOUTHOLD BUILDING DEPARTMENT t 1 TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date June 12..............., 19 91. To John Chase,(V.P.) 808 Realty Corporation P.O. Box 1006 Westhampton Beach, N.Y. 11978 PLEASE TAKE NOTICE that your application dated June 1 1,. 9 I .19..... for permit to CONSTRUCT CANOPY OVER GAS PUMPS at Location of Property . , 28975 MAIN ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 102........ Block ....5......... Lot ...26........ . Subdivision Filed Map No. Lot No. Under Article I% is returned herewith 9a` ddi ap ved~on the following grounds . ~ . " Section 100- `urn-ant front yard s* Article XXIV Section 100-24JA, alteration and enlargement not permitted. Action required by the Zoning Board of Appeals. Under Article XXV Section 100-250 site plan approval is required by the Planning Board. IA B MI nspeco RV 1/80 ti.Eyrf2 ,~rcE?' HARVEY A. ARNOFF N P~ Town Attorney i SCOTT L. HARRIS Supervisor MATTHEW G. KIERNAN Town Hall, 53095 Main Road Assistant Town Attomey P.O. Box 1179 t . Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD August 30, 1991 Allan Ross, Esq. Nydick S Ross 275 Broad Hollow Road Melville, New York 11747 Re: Metro Service Station Main Road S Depot Lane, Cutchogue, New York Dear Allan: It has come to my attention through various officials here in the Town of Southold, that apparently your client, above-named, is advertising space for rent in the stalls existing in the station situated on the corner of Main Road and Depot Lane in Cutchogue. Please be advised, that it is the position of our Town that until such time as there is an approved site plan, not only for the uses presently ongoing, but also for the anticipated use" of the stalls, such use would be beyond the parameters of our Court stipulation and would result in immediate action by this office. I would like to stress that this letter should not be construed as indicating our approval or disapproval of the intended use of the "stalls", but rather an indication that same has never been discussed nor is it within the present use. Obviously, if your client does intend to utilize those stalls same should be indicated on the site plan submitted for Planning Board review. Should you wish to discuss this further please feel free to contact me. Very truly yours, S arvey A. Arnoff Town Attorney HAA:mis cc: Allen Smith i Planning Board ? l~i~ FiaC „ ~i Pe I4ARVEY A. ARNOFF SCOTT L. HARRIS Town Attorney Supervisor MATTHEW G. KIERNAN y''M Town Hall, 53095 Main Road Assistant "town Attorney P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD 'NTER-OFFICE MEMORANDUM TO: Planning Board Zoning Board of Appeals FROM: Harvey A. Arnoff, Town Attornw . DATE: April 13, 1992 RE: Metro Service Station May I please have your written response as soon as possible as to why your Board does not feel that the Metro Station has an absolute right to have the repair base functioning on the premises. For your information only, I am enclosing a copy of the bargain and sale deed which transferred ownership from Kull to the present parties in interest on the fifth day of January, 1990. In essence, what I want you to do is advise me as to precisely what your Board feels is needed in order for them to either be approved or disapproved for this particular use. $o01HOLD~ON PLANPlING 80AP.D 1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Q Date .~/v?! 19/l.. To PLEASE TAKE NOTICE that your application dated ;ro.A 19 9 for permit to Al!`~ /J at Location of Property A92 .7.4? lLl~f /Cc House No. Street Haml County Tax Map No. 1000 Section Block Lot . Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds . 44 ! ..~qe.. P . . ..T . Bu' din nsPector ~ RV 1/80 BUFFO( ; C [a \ "j7`-b NOV 151991 d ~tf PLANNING BOARD MEMBERS =:~SOTT L. HARRIS Bennett Orlowski, Jr., Chairman ° 's n 79 bz, I Supervisor George Ritchie Latham, Jr. Richard G. Ward RTown Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 14, 1991 Frank Nealon Permit Research & Environmental Consultants, Inc. 1108 Route 110 Farmingdale, New York 11735 Re: Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 Dear Mr. Nealon: This is to acknowledge the receipt on November 6, 1991, of a revised site plan for the above-noted property. These plans were found to be generally acceptable with the following exceptions: 1. Three (3) street trees shall be placed along Depot Lane. The use of Sugar Maple or Pin Oak trees is recommended. 2. The landscaping plan shall include a planting schedule with the size and spacing of plants for all planting beds. 3. A four (4) foot wide hedge is to be placed between the moni oring wells and the sidewalk. 4. There shall be no internally-lit signs. 5. The capacity of the existing dry wells is not noted. Consequently it is not possible to determine whether the existing capacity is sufficient to handle the projected storm water runoff. The enclosed copy of the plan illustrates the first three comments. Upon receipt of the traffic study and a site plan that has been revised in accordance with the above-noted comments, the Planning Board will respond to the Zoning Board of Appeals' request for comments. The contents of the traffic study were outlined in our August 12, 1991 letter, a copy of which has been enclosed for convenient reference (page two, item #7). If you have any questions, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Harvey Arnoff, Town Attorney Victor Lessard, Principal Building Inspector NOV 1 5 1991 1., c l r i w. 9s Xz~~ "'eF.:y ar,noG~`` Nov 1 51991 PLANNING BOARD MEMBERS iSCOTT L. HARRIS r C7 L wa t Bennett Orlowski. Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 12, 1991 Frank Nealon Permit Research & Acquisition Co., Inc. 1108 Route 110 Farmingdale, NY 11743 RE: Proposed site plan for Metro Service Station Main Road & Depot Lane, Cutchogue Zoning District: Hamlet Business (HB) SCTM# 1000-102-5-26 Dear Mr. Nealon: The Planning Board has received your site plan application dated July 15, 1991. The following information must be supplied before the Board can proceed: 1. Drainage calculations must be shown as well as location of existing dry wells. 2. The percentage of lot coverage and landscaped area must be shown. Also include area of lot, area of building and parking calculations. 3. Landscape plan must show street trees along Route 25 and Depot Lane. It shall also show a low hedge protected by 6" high concrete curbing between the sidewalk facing state Road 25 and the standing area by the gas pumps. 4. A sketch of any prepared or existing outdoor signs, including dimensions, height and method of illumination. /Vov / J 19 Page 2 Metro Service Station 5. The name and address of the owner of record. 6. Outdoor halide lighting must be shielded so that light does not shine beyond the property boundaries. Please indicate wattage of all outdoor lights. 7. A traffic study which considers the projected volume of traffic; and the projected direction of traffic flow entering and leaving the site at each curb cut. This information is needed as part of the environmental review. 8. A corrected environmental assessment form. Questions 8, 9 and 10 have not been answered correctly. The proposed action is not in compliance with existing zoning restrictions. The land use in vicinity of the project is a mix of residential and commercial. A variance is required from the zoning Board of Appeals. 9. A letter from the property owner authorizing you to represent.-him as his agent. If you have any questions, or require further information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman CC: Nicholas Bartolemeu, Applicant Harvey Arnoff, Town Attorney INSPECTORS (516) 765-1802 O~pSjjFFOLt Co VICTOR LESSARD, Principal SCOTT L. HARRIS, Supervisor CURTIS HORTON, Senior y z Southold Town Hall VINCENT R. WIECZOREK, Ordinance p P.O. Box 1179, 53095 Main Road ROBERT FISHER, Assistant Fire • Southold, New York 11971 Building Inspectors ~ ~0 Fax (516) 765-1823 Telephone (516) 765-1800 THOMAS FISHER GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD STOP WORK ORDER TO:808 REALTY CORP (Owner)BOX 1006, WESTHAMPTON N.Y. 11978 AND TO: PERMIT RESEARCH & ACQUISITION CO.,ATTN:FRANK NEALON,AGENT, 1108 ROUTE 110, FARMINGDALE, N.Y. 11735 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 28975 MAIN ROAD & 55 DEPOT LA. CUTCHOGUE N.Y. TAX MAP NUMBER -1000-102-05-26 Pursuant to section 100-281 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded BASIS OF STOP WORK ORDER:ARTICLE XXVIII SECTION 100-281 A BUILDING PERMIT IS REQUIRED FOR CONSTRUCTION THAT IS IN PROGRESS. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: BY OBTAINING A BUILDING PERMIT Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: MAY 9, 1991 THOMAS . FI ER, BUILDING 2 ECTOR t i Larry E. Tyree Company, Inc. 208 Route 109. Farmingdale. NY 1 1735 • Fax: 516.249-3281 • Phone: 516-249-3150 P MAY 20, 1991 1~~+Y 231991 SUFFOLK COUNTY DEPT. OF HEALTH (o~f~Pd ",roGnf 15 HORSEBLOCK PLACE FARMINGVILLE, NY 11738 GENTLEMEN: ENCLOSED PLEASE FIND A COPY OF A TANK SYSTEM TIGHTNESS REPORT FOR: METRO SJS MAIN ROAD & DEPOT ROAD CUTCHOGUE, NY CONFIRMATION # CONTACTED CURTIS TOWN OF SOUTHHOLD 5-9-91. TESTING TEC: STEVE BRANCEFORTE LICENSE 72 DATE OF TEST: 5-10-91 FACILITY ID#: HM90-019 DISTRICT: LOT: BLOCK: SECTION: SPILL cc: NYSDEC SI/NNCCERLEY, .~~ember REGININ CNI Z~q Tyree TYREE BROS. , Environmental ENVIRONMENTAL SERVICES, INC. Technologies Data Chart for Tank System Tightness Test PLEASE PRINT 1. OWNER Faowh ? ~eyey Rewaenbllve Tebava« Ten.lel ? Nlrlle /b0.e« R0~181" Terwane ulh~~VIZITT /IV 2. OPERATOR waw TN1010n' 3. REASON FOR TEST (Ewl*n fully) , 1. WHO REQUESTED r aft Deal TEST AND WHEN w Tebwa e my W Wlwnan c 9.'W'3 w w We« Mpo. Fp wewn 5. TANK INVOLVED U, wolwel hose Ix mandolded bite. _ lwavlw Cww FNI Vwne Swawe ewnw 6. INSTALLATION / / DATA N.rnl meNe w"rey. Conclave. 9b Top. Ere. "a 4N m«e. C.oe e=4=4 . Rw M await. w, e14 IuOr. Rw.ae FEb La Arnibae0 yMCh at b M rww Over M b«1 7. UNDERGROUND ?T« 13W WATER o«wba++w•bw 6 o ore Anw pee a 6. FILL-UP Twrebaww w« TMbn..r ARRANGEMENTS aw Elaolrn b ioo elr wa rvn I.ne bww "ew ene .M a wrwwe D'onaew "o ewE Twe.nw w.ew e0nlea 166 now a mwwy Cwn•el.y lbw. TeMpane 9. CONTRACTOR. MECHANICS. wly an.r conlrw2a neoEae e 1 ~ n I ~ ' 10. OTHER INFORMATION OR REMARKS Mwalul wbrmwan w elw item. eeo.. Oaaw a an." a a wn~wa wn.n be1M.e r n pepwe a alm•rlW Vr.w a oeeerw" a.ewM eu.ae lew. we TEEN wEee heft on the mbw* g0vanE In Ea adoM'RRh Nw Peocedlne pnEalwld W 11. TEST RESULTS "dotood en alechW NEI o1 eN wkh n«.db ft 110"m ~ , ~ Tleb t..e.e. waww ow. rav« 12. SENSOR 13. iw 11118 ow" as E«ee 1" eENsene 1EEIW on Yse delv(e) Ehoww Tho66 Medial r JW mW ub a%wW edeNW" by the CERTIFICATION Homo" wo pmuc n A66eolwkh Pw"PaeM m d~~ ' Y180A'MENiA! SERY!CES, ING. w ~ Ewl« c«EeE.Een CE lee FARMINGIDALE, N.Y. 11735 a (5161 249.3150 „"6621 Cwewwb111 . ...w • ~ •i___•r~•~•-•^~-- /IJ i NI/I INlPV .d~ • •J Ji I} IN/1 •IMIIII N•~ • 1 f~• 7 : ~ ~ I IrNW Mlwt ~ . tlWuUr •IIM••• .1•.•1N~_ . • ` .O-h q11 •5 ,`mo'w: WI.•••111fill NICJ FI ttxll MI F/IN .1.t•'~ 'i .~q • S• iNl IM 1.1.1Nt11H•NI/ IPN~.x •:•L7 S , • Yrl VM t.el 1W YIN M //x/ t•xy •yN •i to •}'I~Si it Nxl{rtINr11.1 •..1..•w~'/ 'M•IMI...~^w4.. 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T ~ i 1 • : •S., . •'r .:~~•.'r•i eat :'•..i.. •il.e • i. •S.« •,r.-•'rr- • • • N - r' } •-S. lPq \C•'IJ•/'}i~•'1• f • -f••4rr;t/e', . . ! .w N.. n'?e• ~~'•w/\.•r ~•+{w Ittt te. er•: ~•HS/«• S ri~l• ~:y~~.•,t r'itW YS:-!r"7L'~~'°~= y~t`-.{~.~!'~Cti • _ 't, ~L "J~'••: '..={+x.54+',..y. ~"'~S•a•?!( ly•wv?n ir/3!.T..ZI• j~ a•~..e ~I•..•1}N(S ~5't ~~«I•. • "''i': ''~'!•?•i .r.`',~.11~.~~!~~?WT~,'~.•,~iik•'niN•.?,••... N.•Y~t,•li•~1~}:•rZ~~~1••1~• E 15 May 91 PAGE 1 } PETRO•TITE CALCULATION PROGRAM THERMAL CROSSOVER PROTOCOL "A" NUMBER DEG F NUMBER DEG F THERMAL READING AFTER CIRC. 12196 59/60 0 0 DIGITS PER DEG F 320 0 TOTAL QUANTITY IN FULL TANK 6026 6026 NAME & ADDRESS RECIPROCAL > 1473 1473 METRO SIB MAIN ROAD & DEPOT LANE CUTCHOGUE, NY VOLUME CHANGE PER DEG F ------>4,090970807 4.090970807 TANK NUMBER DIGITS PER DEG F > 320 0 TANK 11, 6,000, REG, UHL/GAS, 5.10-91. VOLUME CHANGE / DIGIT (a) FAC > 0.0128 ERR 30 HYDRO P/C 131 VOLUME MEAS. (V) 134 TEN? COMP USE ( 0.0128 138 VOL CHNG 139 ACCUM I I I 1-1-1 STANDPIPE LEVELS 132 PROD IN GRADUATE (PROD REPLI 35 1 36 1 37 1 TEMP ADJ I I I I I I I I I RESOTRED IBEGINING I BEFORE I AFTER (PROD REC ITHERM BEN REICHANGE +/-ICOMPUTATION INET VOL CHNGI I 1 I I 1 12261 1 (C) I(c)*(a FACT):IPER READING I I 11 1 12.6 ( 0,165 I 01195 I 0.03 I 12264 I 3 1 0.038 { -0.008 I 1 12 1 12.7 i 0,195 1 0.23 I 0.035 I 12266 I 2 I 0.026 I 0.009 I 12 12.7 1 0,23 i 0.265 I 0,035 I 12269 3 1 0.038 -0,003 I 12 I 12.8 I 0.265 { 0.305 I 0.04 1 12270 1 11 0.013 1 0.027 1 1 12 I 12.7 0.305 ! 0,34 I 0,035 1 12276 1 6 1 0,077 I •0.042 1 1 12 1 12,8 0.34 0.38 0,04 ! 12280 4 1 0.051 I -0,011 I I 12 j 12.6 I 0,38 I 0.41 I 0.03 1 12283 3 1 0.038 •0.008 I 12 1 12.8 I 0,41 1 0.45 I 0,04 1 12286 1 3 1 0.038 I 0.002 I I 12 i 12.8 I 0.45 1 0.49 I 0.04 I 12288 I 2 1 0.026 I 0.614 { { 12 1 12.6 I 0.49 I 0.52 I 0.03 1 12290 I 2 1 0.026 1 0.004 I I 112 1 12.6 I 0.52 1 0.55 1 0.03 1 12292 I 2 I 0.026 I 0,004 I I 12 I 123 I 0,55 I 0.59 I 0.04 I 12295 i 3{ 0.038 j 0.002 I I 12 1 12.8 I 0.59 i 0.63 I 0.04 1 12299 I 4 1 0,051 1 -0,011 I 12 1 12.81 0.631 0.671 0.041 123011 31 D,038I 0,0021 I 12 I 12.7 f 0.67 j 0.705 I 0.035 j 12305 1 3 0.038 I -0.003 I I 12 j 12.6 i 0,705 1 0,735 ! 0,03 1 12307 I 2 I 0.026 1 0.004 1 12 I 12.5 1 0,735 1 0,76 0.025 I 12310 I 3 I 0.038 { -0.013 4 I 12 1 12.6 I 0.76 j 0,79 I 0.03 1 12311 I 1 1 0,013 1 0,017 I I 12 1 12.8 1 0.79 1 0.825 1 0.035 1 12315 1 4 1 0,051 I -0.016 1 12 1 12.7 I 0.825 I 0,86 I 0.035 1 12318 I 3 1 C338 { •0.003 I j 12 I 12.7 I 0.86 1 0.895 0.035 1 12311 I 3 1 0.0381 -0.003 1 I 12 I 12.8 i 0,895 1 0,935 I 0.04 I 12325 I 4 1 0.051 1 -0.011 1 1 12 I 12.6 { 0,935 I 0,965 I 0.03 { 12326 j 1 I 0,013 1 0.017 I I 12 * 12.7 * 0.21 * 0.245 * 0.035 * 12329 * 3 * 0,038 * -0,003 * •0,017 *<--2 Hour t5-May 91 EE~EYE PAGE 1 PETRO-TITS CALCULATION PROGRAM THERMAL CROSSOVER tt PROTOCOL "A" tt NUMBER DEG F NUMBER DEG F THERMAL READING AFTER CIRC. 12096 59/60 0 0 DIGITS PER DEG F 320 0 TOTAL QUANTITY IN FULL TANK 6026 6D26 NAME & ADDRESS RECIPROCAL 1542 1542 METRO MAIN RD & DEPOT LANE CUTCHOGUE, NY VOLUME CHANGE PER DEG F ------>3.907911802 3.907911802 TANK NUMBER DIGITS PER DEG F 320 0 TANK 12, 6,000, PRIM, UNL/GAS, 5-10-91. VOLUME CHANGE / DIGIT (a) PAC > 0.0122 ERR 30 HYDRO P/C 131 VOLUME MEAS, (V) 134 TEMP COMP USE I 0.0122 138 VOL CHNG 139 ACCUM I I 1 1-1-1 STANDPIPE LEVELS 132 PROD IN GRADUATE IPROD REPLI 35 1 36 I 37 1 TEMP ADJ I I I I I I I i RESOTRED IBEGINING I BEFORE I AFTER IPROD RIC ITHERM BEN REICHANGE +/-!COMPUTATION INET VOL CHNG! 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Il un. , ' proOUm n.nONno wl.m na Mm r..l•O lgnl m l•m lolmm•elnnr•avne un. •n0louumMrnu.ol •nr AYI(?;Ilonel info .C[Ormna 101M Pr«xwn rNl wu.M n auauMO q 1 pa.On•ruOa,IM%nlnpNrof anw•POmOrepOlM~onro H P P A pumlalon 329 Tna u not Inun0.0 Io nbrn, m..nnrpnm•a, u • mm~ of IM malulM blwn el ma p•ImVUOn 01. 1... .wrxn HMIh ConWMnl• AdIM no an, 1.E a H.u n bn Ipp]nanlllly M IIOr ION of 01 gONCI 100 IM I•N.I Co..,. VOIUm..1 on., I... of "On'.. T.I~-epn !T•n1.plOpuNMnGlrlp.YNaI1 nNIMLO1MNn.11P11M. an On111.. &,nnuNOlTnu1 INIIUaWM I01M %«LIan T.. CUInbp m•H.M00y H P P A pualNMn M Tlpp ~lDanNa nn1. c 4>~L ~~~F1Dt,~~®Gt PLANNING BOARD MEMBERS SCOTT L. HARRIS i Bennett Orlowski, Jr., Chairman 4- C Supervisor George Ritchie Latham, Jr. Town Hall, 53095 Main Road 10. 1 ' I I_`r P.O. Box 1179 Kne c• naldE dwards PLANNING BOARD OFFICE Southold, New York 11971 Tel ~iy7~Y99$92 1 TOWN OF SOUTHOLD Fax (516) 765-1823 W t4 0F S UTkOE® February 25, 1992 Frank Nealon Permit Research & Environmental Consultants, Inc. 1108 Route 110 Farmingdale, New York 11735 Re: Metro Service Station NlW/c Main Rd. & Depot La. Cutchogue, New York SCTM 1000-102-5-26 Dear Mr. Nealon: The following resolution was adopted by the Southold Town Planning Board at a emeting held on Monday, Februay 24, 1992. BE IT RESOLVED That the Southold Town Planning Board, acting under the State Environmental Quality Review Act, as the lead agency makes a determination of non-significance and grants a Negative Declaration for the amended site plan of Metro Gas Station, last revised on January 9, 1992, and signed by Kevin H. Bryant, Licensed Engineer. A copy of the Negative Declaration is enclosed for your records. Sincerely, Bennett Orlowski, Jr. S Chairman %Ofr0 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr.~?l Richard G. Ward Town Hall, 53095 Main Road "fir :w Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance February 24, 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Metro Gas Station SCTM4: 1000-102-5-26 Location: Northwest corner of Main Road (SR 25) and Depot Lane, Cutchogue, New York SEQR Status: Type I ( ) Unlisted (x } Conditioned Negative Declaration: Yes ( ) No (x) Description of Action: To construct a 25' by 40' canopy containing fire suppression equipment over existing gasoline pumps. 1 Page 2. Negative Declaration Southold Planning Board Reasons Supporting This Determination: There has been no correspondence received from the Department of Health Services. Therefore, it is assumed that there are no comments or objections from that agency. However, the applicant has obtained the necessary permit for the construction of the canopy and fire suppression system pursuant to Article 12 of the Suffolk County Sanitary Code from the Suffolk County Department of Health Services. There has been no correspondence received from the New York State Department of Environmental Conservation's Stony Brook office. Therefore, it is assumed that there are no comments or objections from that agency. The New York State Department of Transportation reviewed the proposal and indicated that there were no comments. The Planning Board finds that the potential environmental impacts of the proposed canopy on traffic safety and neighborhood character have been mitigated satisfactorily by the proposed addition of landscaping; the'installation of a landscaped barrier between the vehicular standing area and the sidewalk on SR 25 and the proposed addition of curbing so as to move the Depot Lane curb cut further to the north and the limiting of its width to thirty (30) feet in width, all as shown on the revised plan of 1/9/92. These impact of these mitigation measures were reviewed by our environmental consultant in a report dated February 3, 1992. This report has been considered by this Board in making its determination of a Negative Declaration. For Further Information: Contact Person: Valerie Scopaz .`Address: Southold Town Planning Board P.O. Box 1179, Southold, N.Y. 11952 Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Commissioner Jorling, NYSDEC, Albany Judith Terry, Town Clerk Southold Town Building Department Cramer, Voorhis & Associates, Inc. Applicant Property Owner 1 Local Criminal Court °MDEx ~ NUMBE0. 151 VILLAGE OF TOWN Of AflxEST DOCKET NO-(S) DEFENDANTS VIOLATION INFORMATION PROM DATE 6 HOUR IN CUSTODY STATE OF NEW YORK DATE S HOUR COUNTY OF SUFFOLK VILLAGE OF as ; Defendant(s) TOWN OF E. w Name (Complainant) Q of 77' q/ being duly sworn, says that o - ADO at about at Hamlet of z4vedz Town of- County of Suffolk, State of New York, the defendant(s) wrongf ~yi fention ly, n wingly recklessly %"-x 0 ~.C ~ unt p FFF ~ in that /Oo - G woew This complaint is based on (personal /knowledge) the souurrc being the at- dated -1 C the attached laboratory report of the dated x. SIMIN TO BEFORE NIE TIII S DAY OF 19 i4rv ATV xt Df OPf ICI AL AVMIXI S(EFIrv4 UATN tUMPL AINAxT T, TEE Nlt: AD' ~ TOWN OF SSCS- 9000a STRIFE OYT IYORDS NOT •PVLIC"LE FORM NO. 3 O BUILDING DEPARTMENT TOWN CLERK'S OFFICE iJ SOUTHOLD, N.Y. 2 5 1991 j I r: YOwlV 6 NOTICE OF DISAPPROVAL Date June 12................ . 19..9 . To John Chase ,(V.P808 Realty Corporation P.O. Box 1006 Westhampton Beach, N.Y. 11978 PLEASE TAKE NOTICE that your application dated June 11, , . , , 19. 9 . . for permit to CONSTRUCT CANOPY OVER GAS PUMPS . . . . . . . . . . . . . ...........at Location of Property ..28975 MAIN ROAD CUTCHOGUE, N.Y. House No. Sweet -Hamlet County Tax Map No. 1000 Section 102........ Block ....5......... Lot Subdivision Filed Map No. Lot No. IInder is returned herewith and disapproved on the following grounds Article I% Section 100-92 construction has insufficient front yard set back and under Article XXIV Section 100-241A, alteration and enlargement not permitted. Action required by the Zoning Board of Appeals. Under Article M Section 100-250 site plan approval is required by the Planning Board. . B, ild Inspector`" , RV 1/80 INSPECTORS ~OSVf FOL/v (516) 765-1802 SCOTT L. HARRIS, Supervisor VICTOR LESSARD, Principal CURTIS HORTON, Senior r°n g Southold Town Hall VINCENT R. WIECZOREK, Ordinance p P.O. Box 1179, 53095 Main Road ROBERT FISHER, Assistant Fire Southold, New York 11971 Building Inspectors Fax (516) 765-1823 Telephone (516) 765-1800 THOMAS FISHER GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD STOP WORK ORDER TO:808 REALTY CORP (Owner) BOX 1006, WESTHAMPTON N.Y. 11978 AND TO: PERMIT RESEARCH & ACQUISITION CO.,ATTN:FRANK NEALON,AGENT, 1108 ROUTE 110, FARMINGDALE, N.Y. 11735 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 28975 MAIN ROAD & 55 DEPOT LA. CUTCHOGUE N.Y. TAX MAP NUMBER -1000-102-05-26 Pursuant to section 100-281 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded BASIS OF STOP WORK ORDER:ARTICLE XXVIII SECTION 100-281 A BUILDING PERMIT IS REQUIRED FOR CONSTRUCTION THAT IS IN PROGRESS. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: BY OBTAINING A BUILDING PERMIT Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: MAY 9, 1991 / THOMAS J. ISHER, BUILDING INSPECTOR PLANNING BOARD MEMBERS o~o~,~SyFfO~,~cOGy~ Richard G. Ward, Chairman ti Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. y Southold, New York 11971 Mark S. McDonald 'h0( Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD till APR 14 1995 i April 11, 1995 Allen M. Smith, Esq. P. 0. Box 1240 Riverhead, NY 11901 RE: Proposed site plan for Metro Service Station SCTM# 1000=102-5-26 Dear Mr. Smith: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 10, 1995: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated January 9, 1992, subject to a one year review from date of building permit. Conditional final approval was granted on March 27, 1995. All conditions have been fulfilled. A signed copy of the survey will be sent to you as soon as the Board receives the requested four additional copies. Please contact this office if you have any questions regarding the above. ereI , a ichard G. and Chairman cc: Tax Assessors Building Dept. I r=c-~r~zr APPEALS BOARD MEMBERS' SCOTT L. HARRIS eq Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr.{ Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa 3 Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLA ACTION OF THE BOARD JUN - 992 N k t`eI fi4Hs> Appl. No. 4037: 5R3't Application of METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article XXIV, Section 100-241A and Article IX, Section 100-92, as disapproved by the Building inspector for approval of a permanent rooflike structure (canopy) over gasoline pump island. The principal use, gasoline sales with accessory office and necessary inside storage incidental thereto, is nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Corner of the northerly side of Main Road (Route 25) and the westerly side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. WHEREAS, public hearings were held on April 2, 1992 and May 7, 1992, and 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, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant has requested approval of a 40 ft. wide by 25 ft. deep permanent canopy with built-in lighting and fire suppression system, and renovated gasoline island of a size 28 ft. by 4 ft., at a total height of 18 feet. This canopy structure is located in the southerly front yard area and is more particularly shown on the June 14, 1991 survey map prepared by Pat T. Seccafico, L.S. 2. The premises in question is nonconforming as to lot area of 17,933 sq. ft; the principal use of this site as a gasoline sales station is also nonconforming in this Hamlet Business (HB) Zone District. 3. The principal building as exists is shown to be 41.8 feet from the southerly (front) property line, 57 feet from the j I . < Page 2 - Appl. No. 4037 Matter of METRO/808 REALTY CORP. Decision Rendered Mai 18, 1992 easterly (front) property line, 17.9 feet from the northerly (side) property line; and 60 feet from the westerly (rear) property line, each at the closest points from the building. The layout of the principal building is more particularly shown on Sheet 2 of 4 on the site plan prepared by Kevin H. Bryant, P.E. as revised October 18, 1991, and the use of the premises as a gasoline service station was acknowledged by Preexisting Certificate of Occupancy No. Z-18515 dated November 1, 1989. 4. For record purposes, the setbacks for the subject canopy are noted as follows: (a) from the southerly front property line at 2.5 feet and 3.0 feet at its closest points; (b) from the westerly property line at 46.5 feet; (c) from the northerly property line at 84 feet; (d) from the easterly property line at its closest point, 68 feet. (e) no request has been made in this application for a change, modification, or alteration concerning the nonconforming principal building or a nonconforming use. 5. Article XXIV, Sections 100-241 and 100-243 of the Zoning Code provide that a nonconforming building or building with a nonconforming use: A. ...Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel nor shall any external evidence of such use be increased by any means whatsoever. there be no enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance... (and) C. Shall not be changed back to a less-restrictive use if changed to a more-restrictive nonconforming use. 6. In considering this application, the Board agrees with the reasoning of the applicant and its agents and find that although the canopy structure is an expansion in the front yard area for the sales of gasoline (a nonconforming use), the canopy is not a physical obstruction to vehicles entering or leaving the premises. A fire suppression system is built-into the canopy structure, as well as limited lighting which will aid the Page 3 - Appl. No. 4037 Matter of METRO/808 REALTY CORP. Decision Rendered May 18, 1992 traveling public as well as the gasoline attendants during adverse weather. conditions 4rna''easail~~filedtjf colrt stormWa(ter runoff from e- d o n 7. It has been noted that the life of this system would be 20-25 years, depending on certain conditions or unexpected weathering affects. It should be noted that although the canopy is in existence at this time, that a review will be required to readdress proposed safety, environmental, lighting, noise and other considerations in the future, when a similar structure is proposed to be built to replace the present structure. 8. It is the position of this Board that in considering this application that: (a) there is no alternative feasible for appellant to pursue other than a variance; (b) the relief, as requested, is the minimum necessary and is not substantial in relation to the existing conditions at the site and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of the construction of a canopy with fire suppression system as shown on the plans prepared by Kevin H. Bryant, P.E. revised 2/27/92 and on the survey prepared by Pat T. Seccafico, L.S. dated June 14, 1991, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Any future replacement, modification, alteration, expansion or other type of alteration, or relocation of this canopy structure will require a ZBA application for consideration prior to the issuance of a building permit. i f Page 4 - Appl. No. 4037 Matter of METRO/808 REALTY CORP. Decision Rendered May 18, 1992 2. There be no change in the present location. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. lk GERARD P.' GOEHRINGER CHAIRMAN i APPEALS BOARD MEMBERS ®~~§uF~®(~cOG SCOTT L. HARRIS Gerard P. Goehringer, Chairman c~ ~d Supervisor Charles Grigonis, Jr. ti x Town Hall, 53095 Main Road Serge Doyen, Jr. O P.O. Box 1179 James t A Southold, New York 11971 Robert A. Villa a Fax (516) 765.1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD May 29, 1992 Mr. Frank Nealon Permit Research & Acquisition Co. 1108 Route 110 Farmingdale, NY 11735 Re: Appl. No. 4037 - 808 Realty Corp. (Metro) Dear Mr. Nealon: Attached please find a copy of the Board's findings and determination in the above matter. Please be sure to return to the Planning Board and Building Inspector (and any other department agency having jurisdiction) for updates that may be deemed necessary in this project. Very truly` yours, cZ't2J ~'j G2Jct~ -G~ -7t inda a Kowalski Enclosure Copies of Decision to: Allen M. Smith, Esq. Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning t= ' 01~U~O~~~ _R ~ G 53 PLANNING BOARD MEMBERS, SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 19, 1992 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue Post Office Box 1240 Riverhead, NY 11901; a m"" RE: Site plan application for V Metro Service Station NJWc Main Rd & Depot La. n'~9? Cutchogue U Zoning District: Residential Office (RO) Br.oHPi ScTM# 1000-102-5-26 Dear Mr. Smith: The Planning Board has received your letter of August 12, 1992, containing items pertaining to the above mentioned site plan. The Board is returning the below listed items as they are not part of the Planning Board's site plan application: 1. Check in the amount of fifty dollars ($75) payable to Suffolk County. 2. Check in the amount of one hundred eighty one dollars ($181) for site plan application fee. This fee is $175.00 and it was paid on July 24, 1991. 3. Nine prints of revised site plan. The revised site plan does not show the service bays as was requested in the Planning Board's letter to your client, Mr. John Chase, dated July 1, 1992, (copy enclosed). 4. - Three copies of the revised site plan. - Three copies of the property survey. - Zoning Board application. - Short Environmental Assessment Form. - Zoning Board of Appeals Questionnaire.' - Zoning Board of Appeals notice to adjacent property owners. - Appeal from decision of Building Inspector. - Check in the amount of three hundred dollars ($300) for the ZBA filing fee. The above items are part of your client's appeal before the Zoning Board, and as such, should be sent to the Board of Appeals directly, inasmuch as this office cannot accept ZBA applications on their behalf. If you have any questions, or require more information, please contact this office. Very truly yours, / Bennett Orlowski, Jr. Chairman Encl: cc: Harvey Arnoff, Town Attorney Gerard P. Goehringer, chairman Zoning Board of Appeals Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector ~;•AO~' - CMG PLANNING BOARD MEMBERS 'q J a SC077 L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. l Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765.1938 TOWN OF SOUTHOLD Fax (516) 765-1523 July 1, 1992 John Chase 808 Realty Corp. E( --~'ntc}rag>~; New York 43$3-5- / ) V \\v G~a1EJQti /~e~ RE: Metro Service Station 1~y1sS N/W/c Main Rd & Depot La. Cutchogue, New York SCTM # 1000-102-5-26 Dear Mr. Chase: We have received a copy of-the Zoning Board's decision in which you were granted a variance for the canopy. However, we find that we are unable to proceed with our review of your site plan application because of the addition of a car-repair business to the site. The coordinated environmental review of this project was. for the canopy only. And, since you have added a new use, the site plan application before us, which shows the addition of the new canopy, is no longer an accurate representation of your proposed and existing use of the property. In order for us to move forward, the following actions must be completed: 1. A revised site plan application showing the existing use of-the service bays and requisite parking to accomodate that use shall be submitted to this office. This application shall include a short environmental assessment form that addresses the new use, along with the amended application fee and the fee to cover our consultant's review of the assessment form. 2. An application must be made to the Building Department for a Certificate of Occupancy for the second use. you have any questions, please do not hesitate to t this office. Sincerely, Bennett Orlowski, Jr. v Chairman cc: Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector HArvey Arnof£, Town Attorney 1 1 2 SUPREME COURT STATE OF NEW YORK 3 COUNTY OF SUFFOLK : TRIAL TERM PART 1 -------X 4 SOUTHOLD TOWN, 5 Plaintiff, 6 against- 7 JOHN CHASE & METRO SERVICE, 8 Defendants. 9 % July 15, 1991 10 Bay Shore, New York 11 B E F O R E 12 HON. PAUL J. BAISLEY, JUSTICE 13 and a Jury. 14 15 A P P E A R A N C E S 16 HARVEY ARNOFF Attorney for plaintiff 17 Main Road Southold, New York 18 NYDICK & ROSS 19 Attorney for Chase 275 Broad Hollow Rd. 20 Melville, New York 11747 BY: ALLAN ROSS 21 of counsel 22 23 24 25 F I 1 2 2 3 MATTHEW KIERNAN 4 Attorney for METRO 5 6 7 8 9 10 11 12 13 14 15 Diane Zegel, RPR Official Court 16 Reporter 17 18 3 19 20 21 3 3 22 3 23 24 25 II i i 1 2 2 MR. ARNOFF: Whereas this proceeding 3 was brought for certain injunctive relief 4 relating to the erection of a canopy and 5 other improvements made to a gas station 6 situated on the northwest intersection of 7 Depot Lane with Main Road, Cutchogue, 8 Suffolk County, New York, and 9 Whereas counsel for the respective 10 parties have attempted to reach an accord 11 in regard to the present configuration of 12 that canopy,and 13 Whereas the parties are cognizant of 14 the fact that a separate proceeding has 15 been brought for certain violations of the 16 town code of the Town of Southold in the 17 local criminal court of the Town of 18 Southold against one or more of the above 19 named defendants, and 3 20 Whereas counsel for the parties are 21 desireous of resolving this matter, it is 22 hereby stipulated and agreed as follows: 23 1) That the matters presently pending 24 in the local criminal court shall be 25 adjourned sine dine pending final i f i 1 3 2 resolution of this stipulation. 3 2) on or before August 1, 1991, by 4 ,cash, certified check or good business 5 check, defendants will deposit with Harvey 6 A. Arnoff as attorney, the sum of $25,000. 7 Said sum shall be deposited by said 8 escrowee in an interest bearing account. 9 The interest shall follow the disbursement 10 of the money as hereinafter set forth. 11 3) The defendant individually or 12 collectively will diligently pursue any and 13 all necessary applications in order to 14 effectuate the changes that they have 15 desired to make at the aforementioned 16 j service station and shall comply with all 17 reasonable demands of the municipality a 18 through site plan review and the zoning 19 process. 20 4) In the event of any dispute which 0 21 arises under the application process and a i 3 22 upon the defendants or plaintiffs having 23 processed the administrative processes 24 through the municipality, either party may 25 I upon written notice to this court, ask that i 1 4 2 the matter be conferenced with a view 3 towards further settlement discussions. 4 Upon the issuance of a building permit, the 5 monies together with any and all-- strike 6 that. The escrowee shall be authorized to 7 remit all monies together with accrued 8 interest to the Town of Southold and upon 9 the remission of that money the matter 10 pending in the local criminal court shall 11 be restored to the calendar, defendant 12 shall enter a plea of guilty to one of the 13 offenses reflected therein and shall 14 receive a conditional discharge for that 15 violation. All other remaining offenses 16 shall be dismissed in satisfaction of that 17 plea. 18 5) In the event after a reasonable 19 period of time defendant is unable to 20 obtain that building permit--strike that. 21 This matter shall be deemed marked off the 22 calendar but designated active and that in 23 the event that a permit isn of issued, 24 either party may move to restore this 25 matter to the calendar upon written notice 1 5 2 'to the court, written letter notice to the 3 court . 4 6) In the event the matter is in 5 (fact restored to the calendar for any 6 reason whatsoever, this stipulaiton in its 7 entirety shall be deemed without prejudice 8 Ito either side and shall in no way enter 9 jinto any future proceedings brought in 10 !regard to this application. That is to say I 11 neither party shall be able to bootstrap 12 !their present position upon any subsequent 13 changes arising out of further 14 administrative processes. I 15 7) Upon the matter being restored to 16 the calendar, the escrowee shall then upon 17 demand of the defendant's representative, I 18 1 remit the monies together with accrued 19 interest, to the defendant and/or the 20 defendant's designee. 21 8) It is further agreed that this 22 stipulation shall be prepared by the court 23 reporter at a cost to be shared equally by 24 1 the, plaintiff and the defendant and shall 25 j be so ordered by the court. i 1 6 2 9) it is expressly understood between 3 the parties that this stipulation does not 4 operate as a waiver of any of the parties' 5 rights and that upon the matter being 6 restored to the calendar, any penalties 7 which are accrued on a per diem basis 8 against the defendant, shall not be deemed 9 to have tolled by virtue of this interim 10 stipulation. 11 MR. ROSS: We will agree. I have the 12 authority to enter into this stipulation on 13 behalf of the defendants in this action. 14 MR. ARNOFF: On behalf of the Town of 15 Southold I have the authority to enter into 16 this stipulation. 17 MR. ROSS: So stipulated. The only 18 thing I'd like to indicate with respect to 19 the last provision about this not being a 20 waiver of any fines to be tolled, neither 21 would it be an admission that there are 22 fines on a day-to-day basis. 23 MR. ARNOFF: That's correct. 24 ---00000--- 25 1 7 2 3 I hereby certify that the above is a true 4 and accurate transcript. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 "a 20 21 3 22 23 24 25 II rl-r-~c~yzp< I J, iii ~ •ayr~~~ 4 f PLANNING BOARD MEMBERS 'a y SCOTT L. HARRIS Supervisor Richard G. Ward, Chairman George Ritchie Latham, Jr.~, Town Hall, 53095 Main Road Bennett Orlowski. Jr. P. O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Pax (516) 765 -1623 Telephone (516) 765-1938 TOWN OF SOUTHOLD November 16, 1993 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue :n P.O. Box 1240 Riverhead, NY 11901 RE: Site Plan application for Metro Service Station N/Wc Main Road & Depot La. Cutchogue Zoning District: Residential Office (RO) SCTM# 1000-102-5-26 Dear Mr. Smith: The Planning Board has received notification from the Town Attorney that the service operation at the Metro Service Station is a permitted use. The Board is prepared to continue its review of the site plan when it receives the following changes: 1. Service Bay operation should be shown on the plan. 2. Parking calculations and spaces must include all uses on the site, including the service bays and any cars parked on the site awaiting repair. If you have any questions, or require further information, please contact this office. S 0 in Er 1y, / RSber, G. fkassner Site Plan Reviewer Thomas Fisher, Building Inspector in Charge Harvey Arnoff, Town attorney x HARVEY A. ARNOFF SCOTT L. HARRIS Town Attorney Supervisor MATTHEW G. KIERNAN Town Hall, 53095 Main Road Assistant Town Attorney P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: Planning Board Building Department Zoning Board of Appeals FROM: Harvey A. Arnoff, Town Attorne DATE: November 9, 1993 RE: Metro Service Station I am attaching a copy of a memorandum received by me from Matthew G. Kiernan with regard to the above-entitled matter. I have reviewed the applicable law as well as the facts and circumstances of this matter and urge you to comply with Mr. Kiernan's suggestions that the use be approved and a site plan application be processed forthwith. Furthermore, I would suggest that the appropriate agency notify the applicant as to what course of conduct he should pursue. 1 HARVEY A. ARNOFF SCOTT L. HARRIS Town Attorney supervisor MATTHEW G. KIERNAN ~''rrY Assistant Town Attorney Town Hall. 53095 Main Road y r_,~,Y P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (6161765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: Harvey A. Arnoff, Town Attorney / FROM: Matthew G. Kiernan, Assistant Town Attorney 6 I DATE: October 22, 1993 RE: Metro Service Station This will advise you of my recent telephone conversation with Allen Ross, counsel for Metro, with regard to this matter. First, let me outline some background. As you will recall, by Order to Show Cause dated May 23, 1991, the Town of Southold commenced an action in the Supreme Court (Judge Baisley) against Metro Service Station and John Chase alleging that they erected a gas station canopy in Cutchogue without having first obtained a building permit and site plan approval. At or around the same time, the Town initiated an action in the Southold Justice Court alleging violations of the Town Code. On July 15, 1991, the parties, before Judge Baisley, entered a Stipulation in the Supreme Court action whereby Metro agreed to make the necessary applications to the Town to legitimize the canopy (i.e. obtain the necessary building permits, site plan approvals and, if necessary, approvals from the Zoning Board of Appeals) and pay a $25,000.00 fine (which would be held in escrow by the Town of Southold pending final approval by all Town agencies for the canopy). Subsequent to this agreement, Tom Mokus and/or Distinctive Car Care began operating a repair shop in the bays located at the Metro Station. Believing that this nonconforming use had been abandoned for a period in excess of two years, in May, 1992, the Town submitted additional affidavits in the Supreme Court action requesting an injunction preventing this use and a declaration that this nonconforming use had indeed been abandoned. The Town also initiated proceedings against Mr. Mokus in the Justice Court alleging that this use violated the Town's Zoning Code in several respects. Since the commencement of the Justice Court action against Mr. Mokus, nothing has occurred in the legal arena regarding these actions, except that the parties have certified that discovery is complete. The actions in Justice Court have been adjourned in accordance with the Supreme Court Stipulation. ~n Harvey A. Arnoff October 22, 1993 Page 2 By decision dated May 18, 1992, Metro obtained the necessary approvals from the Zoning Board of Appeals with respect to the canopy. Subsequently, Metro has sought site plan approval from the Planning Board for the entire site. The Planning Board has advised our office that the site plan process has been delayed until a determination is made as to whether the use of the repair bays is permitted or will require approval from the Zoning Board of Appeals. In my conversation with Mr. Ross, he reiterated the position set forth in his letter to Judge Baisley of May 28, 1992. Mr. Ross maintains that the status of the gasoline station as a nonconforming use prevents, as a matter of law, an abandonment of the use of the service bays. 1 concur with Mr. Ross's position. The Town is on record that the gas station is a legal nonconforming use and that the repair of vehicles is an accessory use to the operation of the gas station. There is ample case law supporting the proposition that an abandonment does not occur unless there has been a complete cessation of the nonconforming use. Marzella v. Monroe, 69 NY2d 967, 509 NE2d 342, 516 NYS2d 647 (1987). Merrick Cables Association v. Fields, 143 AD2d 117, 531 NYS2d 581 (2nd Dept 1988). In addition to the cases cited above, I have discovered the 3rd Dept's 1991 decision in Town of Ithaca v. Hull 174, AD2d 911 (1991), which also supports the legal proposition set forth in the Marzella v. Monroe. Applying the relevant case use to the instant situation, it would appear that the Town should reconsider its position as to the status of the use of the repair bays. Because the Town has already indicated that the use of the gas station is a legal nonconforming use, it follows, as a matter of law, that all accessory uses to the gas station including the use of the repair bays are permitted as a legal nonconforming uses. If you are in agreement with this position, I would suggest that we advise the appropriate Town departments as to our recommendation on this matter with a view towards recommending that the site plan application be processed forthwith. PLANNING BOARD MEMBERS w + JU SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman i Supervisor George Ritchie Latham, Jr. ~r Richard G. Ward Town Hall. 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 1, 1992 John Chase 808 Realty Corp. 28975 Main Road Cutchogue, New York 11935 RE: Metro Service Station N/W/c Main Rd & Depot La. Cutchogue, New York SCTM # 1000-102-5-26 Dear Mr. Chase: We have received a copy of the Zoning Board's decision in which you were granted a variance for the canopy. However, we find that we are unable to proceed with our review of your site plan application because of the addition of a car-repair business to the site. The coordinated environmental review of this project was for the canopy only. And, since you have added a new use, the site plan application before us, which shows the addition of the new canopy, is no longer an accurate representation of your proposed and existing use of the property. In order for us to move forward, the following actions must be completed: 1. A revised site plan application showing the existing use of the service bays and requisite parking to accomodate that use shall be submitted to this office. This application shall include a short environmental assessment form that addresses the new use, along with the amended application fee and the fee to cover our consultant's review of the assessment form. 2. An application must be made to the Building Department for a Certificate of occupancy for the second use. If you have any questions, please do not hesitate to contact this office. Sincerely, Bennett Orlowski, Jr. v chairman cc: Victor Lessard, Principal Building nspector Gary J. Fish, Building Inspector HArvey Arnoff, Town Attorney - INSPECTORS Victor Lessard SuFFol' Principal Building Inspector ~'p Curtis Horton SCOTT L. HARRIS, Supervisor Senior Building Inspector n Thomas Fisher Southold Town Hall Building Inspector O ` P.O. Box 1179, 53095 Main Road Gar Fish Southold, New York 11971 Building Inspector Fax (516) 765-1823 Telephone (516) 765-1800 Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR D- Telephone (516) 765-1802 TOWN OF SOUTHOLD "J 2 MEMORANDUM " TO: Harvey Arnoff, Town Attorney FROM: Victor Lessard,-Principal Building Inspector Gary J. Fish, Building Inspector RE: Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 DATE: June 25, 1992 We have decided that the tentative agreement reached at the June 23rd meeting regarding Metro Gas Station is not satisfactory. We have discussed our position with Bennett Orlowski, the Planning Board Chairman, and find that he agrees with us. Accordingly, we intend to pursue enforcement action against Mr. Chase. Specifically, we wish to direct him to make an application to the Zoning Board of Appeals for an interpretation as to whether the non-conforming service bay use can be continued. Assuming the ZBA rules that the service bay use can be continued, Mr. Chase then should be directed to submit a revised site plan application to the Planning Board, where the entire project can be reviewed properly and in accordance with SEQRA. Your legal support in this matter would be appreciated. cc: Bennett Orlowski, Jr., Chairman s sq JUN 251992 o~gSUF~u LAN JJ YIVG BOARDS tMBER$ t SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward t Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Harvey Arnoff, Town Attorney FROM: Bennett Orlowski, Jr., Chairman ~0(74 /t/S RE: Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 DATE: June 25, 1992 It is my understanding that a tentative agreement was made at Tuesday's meeting (June 23rd) whereby the Building Department would certify the site plan for the Metro Gas Station subject to a notation that the service bay use was not covered by the site plan. In accordance with that agreement, the Planning Board would grant site plan approval with a condition that the approval did not apply to the service bay use. Upon further discussion with Building Department personnel, I am of the opinion that the Building Department's preferred approach should be supported; that is, that neither the Building Department nor the Planning Board should proceed with the pending site plan application until the existing violation is addressed. Mr. Chase should be informed of his options: either submit a revised site plan showing the service bay use to the Planning Board and to apply to the Zoning Board of Appeals for a determination on both continuing the non-conforming use,and adding it'to the gas dispensing operation or close down the service bay operation. My reasons for taking this position are as follows: Granting a partial site plan approval will encourage similiar transgressions in the future. Also, if the Planning Board approves the application before it knowing that the site plan is not complete, it will have violated the provision of the environmental quality review law which specifies that the Planning Board cannot segment its review of a project. Accordingly!„ I am standing behind the Building Department's position. No action will be taken on the site plan before the Planning Board until it is amended and application is made to the Zoning Board of Appeals. Please advise as to what other actions the Planning Board could take to buttress the Building Department's position. For instance, should the Planning Board, consider denying the pending site plan approval? A response in time for the Planning Board's June 29th meeting is needed. If you wish, please do not hesitate to call me directly. cc: Vvictor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector i ~CA. U-k U Z"- O h~O~~gOFFOj~-~ Z o PLANNING BOARD MEMBERS t/a x SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Oy Supervisor George Ritchie Latham, Jr. .D~ Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Gary J. Fish, Building Inspector From: Bennett Orlowski, Jr. Chairman, Planning Board? r(0~ RE: Metro Station - 808 Realty Corp. - Site Plan Certification SCTM# 1000-102-5-26 Date: June 18, 1992 This is in response to your memorandum of June 25, 1992, in which you raise certain concerns regarding our request for certification of the above referenced site plan. Attached for your review is a letter from the Town Engineering Inspector concerning his review of the drainage requirements for the canopy. As indicated in his letter, there is sufficient drainage capacity if the wells are of the capacity indicated, and installed as indicated on the plan. As it would be difficult to uncover all the wells for inspection, the Planning Board has decided to accept the signature of the licensed engineer on the plan as proof of the existance, location and size of the drywells. We agree that the sign on the southwest corner of the property should be relocated to meet the set back requirements for this zone, unless a variance is obtained. Pending further legal advice from our Town Attorney and enforcement on your part, further action by the Planning Board will be put on hold. Z66519 Z N(l~ V 'i4 'V, J u.~aF o~4FF0(~~0~ RAYMOND L. JACOBS rZi, JAMES A. RICHTER SUPERINTENDENT OF O ® ENGINEERING HIGHWAYS INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD January 29, 1992 Mr. Bennett Orlowski, Jr. Chairman - Planning Board 53095 Main Road, Town Hall Southold, New York 11971 Re: Metro Gas Station - Main Road Cutchogue JUN 2 6 SCTM # 1000 - 102 - 05 - 26 Drainage Review Dear Mr. Orlowski: As per your request, I have reviewed the Site Plan for the above referenced project. The Drawings indicate that four (4) Drywells are existing on-site and they have all been interconnected with drainage pipe. The Drywell Capacity Data Chart on the drawings indicate the size as well as the total volume capacity of the existing Drainage System. Three (3) of the Drywells are noted as being twelve (12) feet in diameter. One (1) of these three pools has been noted as being twenty (20) feet deep. Although not impossible, these dimensions are very unusual. I can not verify these dimensions because I did not see them installed. Verification of the size of these existing Drywells should be required. The overall size of the existing system as indicated on the Drawings is adequate to handle the volume of surface water runoff that could be generated on site. If the existing pitch & slopes of asphalt & concrete pavements are such that all runoff is directed toward the Drywell Inlets the system should adequately contain all on-site runoff. If you have any questions concerning this matte please call my office. ij i f Si ncerely, D TOWN BOARD 4:: James A. Richter, R.A. cc: Raymond L. Jacobs file 9 ;1t~ 2 5 (3Z Cm PL A -6m" E~MAERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman &PA Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Harvey Arnoff, Town Attorney FROM: Bennett Orlowski, Jr., Chairman pj0~ /JS RE: Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 DATE: June 25, 1992 It is my understanding that a tentative agreement was made at Tuesday's meeting (June 23rd) whereby the Building Department would certify the site plan for the Metro Gas Station subject to a notation that the service bay use was not covered by the site plan. In accordance with that agreement, the Planning Board would grant site plan approval with a condition that the approval did not apply to the service bay use. Upon further discussion with Building Department personnel, I am of the opinion that the Building Department's preferred approach should be supported; that is, that neither the Building Department nor the Planning Board should proceed with the pending site plan application until the existing violation is addressed. Mr. Chase should be informed of his options: either submit a revised site plan showing the service bay use to the Planning Board and to apply to the Zoning Board of Appeals for a determination on both continuing the non-conforming use and adding it to the gas dispensing operation or close down the service bay operation. My reasons for taking this position are as follows: Granting a partial site plan approval will encourage similiar transgressions in the future. Also, if the Planning Board approves the application before it knowing that the site plan is not complete, it will have violated the provision of the environmental quality review law which specifies that the Planning Board cannot segment its review of a project. Iil ~ ? I Accordinglyy I am standing behind the Building Department's position. No action will be taken on the site plan before the Planning Board until it is amended and application is made to the Zoning Boardl,of Appeals. Please advise as to what other actions the Planning Board could take to buttress the Building Department's position. For instance, should the Planning Board consider denying',the pending site plan approval? A response in time for the Planning Board's June 29th meeting is needed. If you wish, please do not hesitate to call me directly. cc: Victor Lessard, Principal Building Inspector ,Gary J. Fish, Building Inspector I~ l I i i ~I i I I i i `gEr~, JiG ~ l~r2R y - r_7bp yuu~ r ~ - MEMORANDUM TO: Harvey Arnoff, Town Attorney FROM: Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector RE: Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 DATE: June 25, 1992 We have decided that the tentative agreement reached at the June 23rd meeting regarding Metro Gas Station is not satisfactory. We have discussed our position with Bennett Orlowski, the Planning Board Chairman, and find that he agrees with us. Accordingly, we intend to pursue enforcement action against Mr. Chase. Specifically, we wish to direct him to make an application to the Zoning Board of Appeals for an interpretation as to whether the non-conforming service bay use can be continued. Assuming the ZBA rules that the service bay use can be continued, Mr. Chase then should be directed to submit a revised site plan application to the Planning Board, where the entire project can be reviewed properly and in accordance with SEQRA. Your legal support in this matter would be appreciated. cc: Bennett. Orlowski, Jr., Chairman i HARVEY A. ARNOFF a a, 1 SCOTT L. HARRIS Town Attorney t I co r. Supervisor MATTHEW O. KIERNAN Town Hall, 53095 Main Road Assistant Town Attorney P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD MEMORANDUM TO: Bennett Orlowski, Jr., Chairman, I ipg Board FROM: Harvey A. Arnoff, Town_ Attorn DATE: June 26, 1992 Having read your memo of June 25, 1992, it is felt that a letter from the Planning Board and/or the Building Department should be sent to Mr. Chase informing him of the options which you presently feel exist so that he may take a position one way or the other. Bear in mind, however, that he may choose to await a determination of the Court which, of course, is his other alternative. cc: Building Department INSPECTORS Victor Lessard Principal l Inspector Curtis Horton OGy~ SCOTT L. HARRIS, Supervisor Senior Building Inspector C2 Southold Town Hall Thomas Fisher ti P.O. Box 1179, 53095 Main Road Building Inspector ~y • Southold, New York 11971 Gary Fish 'jlQl ~~O Fax (516) 765-1823 Building Inspector Telephone (516) 765-1800 Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR ( \~fl ; 3 s Telephone (516) 765-1802 TOWN OF SOUTHOLD (1 x„ ` JUN 2 51992 ,i MEMORANDUM L4 `za , x f.r 3 TO: Harvey Arnoff, Town Attorney FROM: Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector RE: Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 DATE: June 25, 1992 We have decided that the tentative agreement reached at the June 23rd meeting regarding Metro Gas Station is not satisfactory. We have discussed our position with Bennett Orlowski, the Planning Board Chairman, and find that he agrees with us. Accordingly, we intend to pursue enforcement action against Mr. Chase. Specifically, we wish to direct him to make an application to the Zoning Board of Appeals for an interpretation as to whether the non-conforming service bay use can be continued. Assuming the ZBA rules that the service bay use can be continued, Mr. Chase then should be directed to submit a revised site plan application to the Planning Board, where the entire project can be reviewed properly and in accordance with SEQRA. Your legal support in this matter would be appreciated. cc: Bennett Orlowski, Jr., Chairman INSPECTORS PrincipaltBuilding I Inspector Lessard Slaffflj/( Curtis Horton 0-1 SCOTT L. HARRIS, Supervisor Senior Building Inspector Go x Southold Town Hall Thomas Fisher P.O. Box 1179, 53095 Main Road Building Inspector 5 a Southold, New York 11971 Gary Fish Fax (516) 765-1823 Building Inspector Telephone (516) 765-1800 Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR Telephone (516) 765-1802 TOWN OF SOUTHOLD `CO: Benny Orlowski, Chairman Planning Board FROM: Gary J. Fish, Building Inspector RE: Metro Station - 808 Realty Corp. - Site Plan Certification Suff. Co. Tax Map #1000-102-5-26 DATE: June 12, 1992 After reviewing the Metro Station Site Plan, it is clear that a number of issues have to be resolved before I could recommend certification. 2 1. First of all, Mr. John Chase owner of the property is involved in legal proceedings in supreme court regarding the canopy over the pumps. He is also in the Town of Southold local court in regards to the canopy and the use of a portion of the building as a service center. It has been brought to my attention by the Town Attorney's office that Mr. Chase at one time had agreed that he would not use any portions of the building for such services. 2. According to the resolution passed by the ZBA on May 18, 1992 "Drainage areas will be installed to collect stormwater runoff from the canopy." 3. There is a new Ib sign on the southwest corner of the property that does not have a permit. In light of these issues I am sure you can see why Site Plan Certification cannot be recommended at this time. Sincerely, YYGa J. h, B ilding Inspector ~GJF:gar cc to: Matthew Kiernan, Asst Town Atty gpFF04CD oI 4~ G< PLANNING BOARD MEMBERS W SCOTT L. HARRIS Bednett Orlowski, Jr., Chairman Supervisor George Ritchie Latham. Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Harvey Arnoff, Town Attorney FROM: Bennett Orlowski, Jr., Chairman a2?l1/S DATE: May 8, 1992 7 RE: Metro Service Station N/w/c Main Road & Depot Lane, Cutchogue SCTM# 1000-102-5-26 This is in response to your memoranda of April 13, 1992 and April 28, 1992, in which you asked for the Planning Board's position on the absolute right of Metro to have the repair bays functioning on the premises. The Planning Board's position is that, typically, service bays are an accepted ancilliary use to a gasoline service business. So long as the intensity of the use remains within the design parameters of the site, there is no inherent objection to service bays being operated along with the gas pumps. That said, 2 must emphasize that the Planning Board does not have the jurisdiction to determine the more specific question that you have asked, which is whether Metro is entitled by right to the service bays. But, the Board can offer these observations. It would appear that there are two separate, but possibly interrelated issues that must be addressed in order to answer your question. The first is that the July 15, 1991 court stipulation binds both parties to work diligently towards resolution of the administrative details that need to be resolved before the Zoning Board of Appeals and the Planning Board. The problem placed before the court and the Town at that time was that of the canopy, and the canopy alone. Your August 30,1991 letter to Allan Ross clearly states that if any uses are to be introduced to the service bays, that an approved site plan be obtained in advance. To act otherwise would be viewed by the Town as a,violation of the Court's July stipulation. We would argue that the stipulation has been so violated. The bays are in use. But there is no approved site plan for same. This brings us to the second issue, which is whether the property owner is entitled to the use of the service bays as such. The service station use (with or without the bays), is a non-conforming use in the Hamlet Business district. If this site were vacant today, a service station use could not be located there upder,present zoning restrictions. In fact, however, the subject site has been in continuous use for many years as a service station. If our collective recollection serves us, the bays had been vacant for some time before the current occupant moved in. If the right to continue the nonconforming use has not been lost, the applicant should be asked to amend the site plan application. But, if the Building Department finds that the bays were unused for a period of two years, then the Town could argue successfully that Metro has lost the right to reinstate that use. If the right to continue a nonconforming use has been lost, the property owners have two options. The first is to remove the present tenant, find a suitable replacement, amend the site plan if needed, then install a use that is allowed within the applicable zoning district. The second is to petition the Zoning Board of Appeals for a variance pursuant to Section 100-241.G., of the Town Code to reinstate the nonconforming use. The Planning Board has brought the site plan application along as far as,it can. The next step was approval, that is, if the Zoning Board granted ,a variance for the canopy. Now, however, it seems that the Town first needs to decide whether the court stipulation has been violated. It then needs to decide whether the nonconforming use of the service bays can continue by right, or whether the owners of the site have to appeal to the Zoning Board for a variance. Beyond that, if we should get to the point of proceeding with the site plan, please be aware that the application before the Planning Board now is for the canopy only. In order for this Board to review the service bay use, the application will have to be amended, the negative declaration rescinded, and the environmental review restarted. I hope this!,addresses your concerns. I I O~~gUFFO(,~co k)eQ o° Gyp d PLANNING BOARD MEMBERS y Z SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Oy Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Victor Lessard, Principal Building Inspector FROM: Bennett Orlowski, Jr., Chairman RE: Metro Service Station 7 N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 DATE: March 4, 1992 The three attached site plans generally meet with the Planning Board's approval. They are being sent to you for certification. It is our understanding that the Health Department's approval for the replacement of the underground tanks and the addition of the fire suppression system is the only Health Department approval that is needed. If this is incorrect, please bring it to our attention. ftT0:WLB MAR61 992 cA- S" s~ utTS y PLANNING BOARD MEMBERS k SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward F Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 17, 1992 William Kelly Morton Buildings, Inc. 22355 Cox Lane, Unit #4 Cutchogue, New York 11935-1146 Re: Proposed site plan for Buccaneer Books, Inc. Depot Lane, Cutchogue Zoning District: LB SCTM # 1000-96-5-8 Dear Mr. Kelly: This is to remind you that this office will need five'(5) copies of the final site plan, showing the Health Department stamp and the location of the fire well, as designated by the Cutchogue Fire District. Please note that the trees shown in the front yard are to be deciduous trees, not evergreens. Also, we do not have a copy of the sketch of the proposed sign showing the sign's dimensions and the method of illumination. It would be appreciated if a copy of same could be submitted along with the revised plans. If there are any questions, please contact this office. Sincerely, ennett Orlowski, Jr. Chairman enc. cc: Victor Lessard, Principal Building Inspector'l.- ~9~~°" xlS 6 1992 MAR o~~FFOure HARVEY A. ARNOFF ` SCOTT L. HARRIS Town Attorney = Z Supervisor MATTHEW G. KIERNAN Town Hall, 53095 Main Road Assistant Town Attorney P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM neWH FROM THE TOWN ATTORNEY'S OFFICE TO: Victor C. Lessard, Principal Building I spe FROM: Harvey A. Arnoff, Town Atto DATE: July 16, 1991 1 would like to take the opportunity to thank you for the cooperation you have given to our office with regard to the handling of the litigation on the Metro Station in Cutchogue. Without your valuable input, thoughts and suggestions, I do not believe we would have been able to have obtained so favorable a result. Individuals are so quick to criticize and not to acknowledge a job well done. Again, Thank you very much. cc: Town Board APPEALS BOARD MEMBERS Fp(<( SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. ` CJ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 s w BOARD OF APPEALS TOWN OF SOUTHOLD - June 18, 1991 All Mr. Frank Nealon Permit Research & Acquisition Co. 1108 Route 110 Farmingdale, NY 11735 Re: Application for 808 Realty Corporation Metro Location of Property: NIS Main & W/s D pot, utchogue Dear Mr. Nealon: we are in receipt of the above documentation, which as you know was left with our office as an incomplete application for the following: a) a Notice of Disapproval from the Building Inspector stating the grounds for the appeal application; b) Lack of a survey showing the existing site elements and structures prior to the alterations and new additions to the site. The appeal application and neighbor notice form are returned in order that you may obtain a Notice of Disapproval from the Building Inspector and amend the application and neighbor notification forms to coincide with the grounds for the Disapproval. Also, please be sure to specify in detail those areas in the Notice of Disapproval, the document from which you would be appealing from. Reference to Article IX, Section 100-91 is not sufficient to describe the basis of the appeal, particularly when the document to be appealed from has not been obtained and since 100-91 covers many different areas of the zoning code (principal, accessory, structures, uses, special exceptions, etc.) Please list each Section and describe the relief requested therefrom. (A separate sheet of paper may be attached to the appeal application, if necessary.) Rage Z - June 18, 1991 To: Frank Nealon Re: Appl. of 808 REALTY CORPORATION (Metro) Enclosed is a new set of forms with instructions for your use when re-submitting the appeal for filing. A "before" survey should be furnished with the application forms as well as a Notice of Disclosure concerning all individuals, corporations or other entities having an interest in the subject property and this project for the record. Please feel free to call at any time if you have any questions. Very truly yours, Linda Kowalski Enclosures cc: Building Department REMITTANCE ADVICE 50-1063 PERMIT RESEARCH & ACQUISITION CO., INC. 214 DISBURSEMENT ACCOUNT 1108 ROUTE 110 FARMINGDALE, NY 11735 1475 PAY CHECK 'QOLLARS AMOUNT ATE TO THE ORDER OF DESCRIPTION I CHECK NO s o 7 J r7 $ THE BANK OF NEW YORK 901 SOUTH MAIN 5T. SOUTH FARMINGDALE, NY 11735 u100i47SII, 1:0 2 14 106 3 71: u'69000793 7116 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) John Chase Owner Nicholas Barto omeo w B. Is the subject premises listed on the 'real estate market for - sale or being shown to prospective buyers? { } Yes { x} No. (If Yes, peen a attach copy of "conditions" of sale ) C. Are there any proposals to change or alter land contours? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? NO 3. Is the property bulkheaded between the wetlands area and the upland building area? NO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? NO E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are • submitting? NONE If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If es of your buildin please submit a copy g permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? NO If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel Gasoline Service Station and proposed use ame as above Mme- ~,~vt-C', Au t' ized Signature and Date 3/8 , 10/901k i 49 - if PLANNING BOARD MEMBERS Richard G. Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham, Jr. 3 a P. O. Box 1179 Southold, New York 11971 Bennett Orlowski, Jr. Mark S. McDonald Fax (516) 766-3136 Kenneth L. Edwards 2u f =7' Telephone (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD a August 30, 1994 Stp°21994 Allen M. Smith BLDG DEPT Attorney and Counselor at Law LtWN OF SOUTHOLD 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901 t RE: Site Plan application for Metro Service Station 5~p 31 ° N/Wc Main Road & Depot La., Cutchogue Zoning District: Residential Office (RO) SCTM# 1000-102-5-26 BLDG. DEPT. TOWN OF S UTFI LO . Dear Mr. Smith: The Board has received your letter of August 17, 1994. The following changes/additions must be made before the Board can proceed with its review: 1. Scale V = 201 . 2. Parking calculations. 3. Sign no less than 15' from front property line. 4. The name and address of the person preparing the plan, sealed with the applicable license seal and signature. 5. Service bays should be noted on the plan. 6. Landscaping schedule should indicate that the planting beds around the perimeter of the property shall be planted with junipers as ground cover. The 18' by 55' planter area between the sidewalk and the pump island shall be planted with Hicks Yews, two feet (2) on center. Page 2 Metro Service Station August 31, 1994 7. There shall be no internally-lit signs. 8. Six copies of the revised plan are required. As indicated in your letter, the current tenant will have to adjust his operation to comply with the physical parking constraints of the approved plan. A note must be placed on the plan to the effect that the on site parking must comply with the plan as of the date of approval. If you have any questions, or require further information, please contact this office, ' cer , Ric and lair Cha'irmma/n CC: vThomas Fisher, Senior Building Inspector in Charge Laury Dowd, Town Attorney LAURY L. DOWD Town Hall, 53095 Main Road Town Attorney P. O. Box 1179 -3 »wr Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: BOB KASSNER, PLANNING FROM: LAURY DOWDO) RE: PENDING CODE ENFORCEMENT WITH METRO SERVICE STATION DATE: MAY 5, 1994 Code enforcement on Metro has been on hold since July 15, 1991 when a stipulation was entered into whereby Metro would post $25,000, get an approved site plan, and forfeit the money to the town. Alternatively, the Town puts the case on the court's calendar, loses the $25,000 and we continue to fight it out. The only violation being litigated is the erection of the steel canopy without a permit. It - has been three years now, and your last correspondence sounds as though we're still struggling over the site plan. I'd appreciate your checking with the Planning Board whether enough progress is being made to continue to hold off on the litigation (with a nice $25,000 reward to us when the site plan process is finished). Second, please advise the Planning Board that only the canopy As currently covered by this stipulation. If there are other site violations, the Town is free to pursue a remedy. cc: Building Department { LS' f Mq~ y ~64 y PLANNING BOARD MEMBERS t' Richard G. Ward, Chairmanf Town Hall, 53095 Main Road George Ritchie Latham, Jr. 7 P. O. Box 1179 Southold, New York 11971 Bennett Orlowski, Jr. 4Z' y,sn _ , Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards r' Telephone (516) 765-1938 ?xr PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 27, 1994 Allen M. Smith Attorney and Counselor at Law III', 737 Roanoke Avenue APR 2 8 . P.O. Box 1240 Riverhead, NY 11901 70 RE: Site Plan application for LID Metro Service Station Nlwc Main Road & Depot La. Cutchogue Zoning District: Residential Office (RO) SCTM# 1000-102-5-26 Dear Mr. Smith: This will confirm our discussion with you of the above referenced project at the Board's work session on April 18, 1994. The Board will still require the changes to the site plan requested in its letter to you of November 16, 1993, (copy enclosed). The site plan should show two service bays on the revised plan drawn by the surveyor. Revised parking calculations must be as mentioned in the Board's letter of November 16, 1993, and as contained in the Town Code Article XIX 100-191. If additional cars are parked on site awaiting repair they should be included in the calculations. ?f you have any questions, or require further information, please contact this office. Zt lG. Kassn`~ Site Plan Reviewer /Thomas Fisher, Senior Building Inspector in Charge Laury Dowd, Town attorney PLANNING BOARD MENIBERS SCOTT L. HARRIS I Supervisor Richard G. Ward. Chairman =.G? ` i` George Ritchie Latham. Jr. '1 -•,~a, Town Hall, 53095 Main Road Bennett Orlowski, Jr. P. O. Box 1179 Mark S. McDonald Southold. New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Fax (516) 765 -Isis Telephone (516) 765-1938 TOWN OF SOUTHOLD November 16, 1993 Allen M. Smith Attorney and counselor at Law 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901 RE: Site Plan application for Metro Service Station N/Wc Main Road & Depot La. Cutchogue Zoning District: Residential Office (RO) SCTM# 1000-102-5-26 Dear Mr. Smith: The Planning Board has received notification from the Town Attorney that the service operation at the Metro Service Station is a permitted use. The Board is prepared to continue its review of the site plan when it receives the following changes: 1. Service Bay operation should be shown on the plan. 2. Parking calculations and spaces must include all uses on the site, including the service bays and any cars parked on the site awaiting repair. If you have any questions, or require further information, please contact this office. /,'Sincerely, / Robert G. Kassner Site Plan Reviewer Thomas Fisher, Building inspector in charge Harvey Arnoff, Town attorney i . ~(n 'nxt urmlwr'a Ante- tnJrv,; ' 'P^ • YEAS ONLY. 11 \\J\'/ Form 8002.4-PB-30M-`IterF^i° °°J IhrJ, wllh Corene„L aF"' CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS ?NSTR= SHOULD BE USER BY LAW Y. S. 10998P0131 ade the 5th day of , January nineteen hundred and ninety , oration with -ansfer THMINDOMREm ax INC., a domestic corporation L,600.00 BETWEEN KULL'S SERVICE STATION, Main Road & Depot office and principal place of buNine Yorkt (no #k) Lane, P. O• Box 712, Cutchoque,`}~~,? party of the first gal lace BofEbusinessPat 112 Montauk Highway, P. 0- Box its principal Beach, New York 1006, Westhampton party of the second part, VyfTNF.SSETH,that the party of theaOes hpart erebrnonsederation of Ten Dollars and other valuable consideration p y grant and release unto the party of the second part, the heirs paid by the party of the second art, r or successors and assigns of the party of the second part forever, thereon County ALL that certain plot, piece or parcel of land, with the buildings the Town improvements ti lying and being in the Village of Cutchoque, particularly bounded and ti of Suffolk and State of New York being more p described as follows: n of 'BEGINNING the corner t Lane eandytheenorthwesterly sidehof Main southwesterly side of Depoo ay, Route 25); running thence from said point Road ( State Highway, along the northwesterly side of psaid ointMonnthe ` place e of beginning So a , :J ~C) South 30° 20' 40" West a distance of 161.90 ofeC lg aate p Design Corp northeasterly side of lands now or formerl rmerly running thence along the northeasterly loaeWestlandistancerofo124r85 of Colgate Design Corp., North 48° 45' feet to the southeasterly side of land nowsaidf rmermentio David H. and Amy L. Albrecht; running thence along last land ee touthe ster uthwesterly North 390 42' 10" East a distance of 173.74 feet side of Depot Lane; and running thence along of Depot Lane, South 40° 17' 50" East a distance of 100.00 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party ~alu~0 of the first part by deed dated April 27, 1982 and recorded in the ~ fice on April 29, 1982 in Liber 9175 Page 's Of Suffolk County Clerk f! i" 182• Premises are not subject to a Credit Line Mortgag TAX MAP DESIGNATION all an Disc. 1000 TOGETHER with all right, title and interest, if any, of the party of the first part in al to ell lU roads abuttiestate and rights of t e party of the ffirst tpart in andeto saiOpremfisesRT the Se<. 102.00 and a i 'the aP Surf~ri HOLD the premises herein granted unto the party of the second part, the peers se guccessors and assigns o nfk. 05.00 the party of the second part forever. 1oc AND the party o[ the first part covenants that the party of the first part has nit done or suffered anything 026.000 whereby the said premises have been encumbered in any way whatever, except as aforesaid. A1ID the party of the first part, en compliance with SeMion 13 of the Lien Law, covenants that the party of t to receive such consid- the first part wile receive the colt ed first for the purpose of paying thelcostloEttl erimprovement and will appl% eration as a trust fund to be app rt of the total of the same for the same first to the payment of the cost of the improvement be{ore using any pa any other purpose. The word "party' shall be construed as e[ it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed tees deed the day and year first above written. IN FRESRNCE OF: i; KULL'S SERVICE STATION, INC. By 1 Robert J. Kull, President ,C'27U BOARD OF HEALTH J FORM NO.1 3 SETS OF PLANS i JW 1 11991 TOWN OFSOUTHOLD SURVEY j BUILDING DEPARTMENT CHECK . . TOWN HALL SEPTIC FORM E -OG. DEPT. SOUTHOLD, N.Y. 11971 TOWN OF SOuiHOL® TEL.: 765.1802 NOT I FY CALL Examined . 199,,. MAIL TO: Approved .7,/, 7 10 Permit No.. r~,3 Disapproved a/c .(1/41(4.................... . . . ' ( ildi Inspector) APPLICATION FOR BUILDING PERMIT Date 19 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 premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. 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,, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. pAQ pAlty. Corporation , , . (Signature of applicant, or name, if a corporation) P.O. Box 1006 Westhamapton Beach, N.Y. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Owner Name of owner of premises 8,08 Realty Corporation (as on the tart roll or latest deed) If applicant is a corporation, signatire of duly authorized officer. ...,john . Chase I. V.. ? . (Name and title of c orate officer) Builder's License No. .....741 Plumber's License No . Electrician's License No. 2176-E Other Trade's License No . I . Location of land on which proposed work will be done. N/W/C of Main Rd. & Depot Lane .....28975,Main Road, Cutchoque_.....................N.Y.. House Number Street Hamlet County Tax Map No. 1000 Section ....102.......... Block 5 Lot ....26. Subdivision Filed Map No. Lot............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy , Metro Service Station -1i; b. Intended use and occupancy . , Metro Service Staiton C.M X J Repair , , , • . applicable): New Building Addition Alteration . , ...1.. . 3. Repair of work (check which P . Rem oval Demolition Other / . -1 s 70 , 00 F (Description) 4. Estimated Cost 4 Fee (to be paid on filing this application) 5. If dwelling, number of dwelling ',units VA. , Number of dwelling units on each floor If garage, number of cars , . 6. If business, commercial or mixed occupancy, specify nature and extent of each tt4..p of use , Service . Station Dimensions of existing st Number if any: Front 4 3 Rear Depth Q Height ~ of Stories 1. . . Dimensions of samstructure with alterations or additions: Front V-A......... , Rear Depth Num . Height + R.. ear . . .Num. . .ber.of Stories 8. Dimensions of entire new construction: Front 40 401 . . . . . Depth . . ?5 ' Height 18, per of Stories . ? • 9. Size of lot: Front 3,7.6, W. 1 Rear , .173.0.'....... Depth 123.0' . 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated R -A V . 12. Does proposed construction vio:lte any zoning law, ordinance or regulation: Yes 13. Will lot be regraded No Will e e fil a from premises: gx No 14. Name of Owner of premises . -4 Realty .Corp Address wa~xv 60 h t each Phone No. 288-02$0.... , Name of Architect P.•..DVTAl l • Fisher Address ...T Phone No.s( 1155 7.43-30.Q0 Name of Contractor Mohawk Metal Products Address ,Utica, N.Y. ,phone No.793-3000 15. Is this property within 300 feet of a tidal wetland? *Yes........ No... 7% yes, Southold 3own Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. SEE ATTACHED PLANS i M i I STATE OF NEW YORK, S.$ COUNTY OF ,Suffolk, , . , ,7pktrl , Ch, ,as@ • , , , , , , , • , • • , , , , being duly sworn, deposes and says that he is the a licant (Name of individual signing, ontract) pp above named. He is the Property I Ownet ' (Contractor, agent, corporate officer, etc.) if said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the York will be performed in the manner se~ h in the application filed therewith. morn to before me this ..day of 1971 Votary P~~ v~-r!i".. County FRANCI~O. NFA ON NorAxv NoBU , Slat ' Now" X . ouelffled in Suffolk County Commission Evir" oaodl r te.198~- (Signature of applicant) r- ~N ----'pX'''35.a+d•:'vr~. ~+,+dc»/~a.:a»~k ~ti~~ 1 t, - q t1,. n.l s K II frtiV`v... .n. h i p4f -iii` Court of special Sessions VILLAGE OF TOwr OF SOUTHOLD fU Li! . I - r- DOCKET NO.(S) VIOLATION COMPLAINT I DEFENDANTS IN CUSTODY STATE OF NEW YOPI( 808 Realty Corp. (x(YIY OF S)FFUI( zs (Metro of Cutchogue) VILLAGE OF John Chase and 1O1%N OF SOUTHOLD Distinctive Car Care (Thoma Mokus) Name (COMPLAINANT) THOMAS J. FISHER of No. BUILDING INSPECTOR OF THE TOWN OF SOUTHOLD being duly sworn, says that on APRIL 3, 1992 at about 3:45 P.M. 28975 Main Road hamlet at 55 Depot Lane %)wkx of CUTCHOGUE. Town of cOI ITHOI F) County of Suffolk, State of New fork, the defendant(s) 808 REALTY CORP. (METRO OF CUT!LHOGUET JOHN CHASE and THOMAS MOKUS d/b/a DISTINCTIVE CAR CARE wrongfully, intentionally, knowingly, XXXXsX)yXXMyci'G)MXD(K)(X rX* committed theoffense(s)of: Changing a nonconforming use to another nonconforming use without site plan approval in violation of Chapter 100 - Article XXIV SEction 100-250 and without ZBA approval in v+ - a certificate of occupancy in violation of Chaptet jA0,ARticle XXVIII, SEction 100-284 (A)(3) of the Code of the Town of Southold in 'that: Pursuant to Section 100-250 of the Code of the Town of Southold, any change in use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. No building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. COUNT #2 Pursuant to Section 100-241C of the Code of the Town of Southold, the nonconforming use of buildings shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more restrictive nature. COUNT #3 Pursuant to Section 100-284(A)(3) of the Code of the Town of Southold, It shall be unlawful to have ariy change in use of a nonconforming use until a certificate of occupancy is issued therefor. This complaint is based on (personal knowledge) & 6dxi~ormac0ia[acxdtdclS&4JTPS49, the source being the at- Cached asxo¢xxbepm:kt>aala(>sl;)o)fx Pprcnnal observation of Depnnpnt 'dated [ the attached laboratory report of the dated ; r SIMEN TO BEFOBE %IE THIS "7lylk-- DAY OF (2PLe f 192 - III vcn+rv+[ ar erncul ?o« Sra+inc o+an cc«.u,..«r LINDA J. COOPER m e+' Stnte-of New Yerk . to TLC No, a822b-.;3, suffolk CountY9 L SSCS-3000 cr) y v CA~ rrnr~,,7r e~ GRASS AR 'HALT AREA I 1 c c c 7 / / OPr\a5 .y a ,9 / Q0P o (J a. EXIST iNNK FIELD a` era f h0- s y~ ° e °c' Ao~~~P as p0 . I I ~s ~ J ~+~y OJ`N5 spa Ep~P p P~~\ I ° oR ewo lL tV .4E P g0 •`~ty a st'~i ~PEPQPPO ~Fa 6p f PO~h 4 ~ 1 t"' o '(o ~e' 0..00• t _ E? ~ ~c,°~~ ~ a ~ ti ~ , 6 i ~5 / ~ Ea e C`.~`• ~}.OQp t~aSOP~~,G(~t , _,Q / ~ppT aa\Clt GpF_S <v ~`t. ~~t F ~+\y t~ vy Eve`\? J z_ a ZONE Of (RUNQFF)\ c, to c,O11-I ppFFf E0O s9 OP _ V 6' D/A MIN. SOR 40 PVC PIPE, tI t( CANOPY ROOF DRAIN r.AL T \ W ~ EXIST 28'X 4' /BLAND W/ TWO (2) HOSE I J DISPENSERS, FIRE SUPPRESSION, :DED FULL-SERV ISLAND. NEW i IG~ cold I i1' 1 OF 4). rs ° 28__0' _.4\) -EXIST PHYSICAL PROTECTION BUMPER, h TYP (1) EA END (SEE DET THIS SHT) EXIST NO SMOKING SIGN (4) REO'D L y [ E G' (SEE DET THIS SHEET) Z / I~ a 4- - - - - - MONITOR WELL O h I Q MOQWTOR WELL _ 1• M ) N <i~l, Y p MLys',;~0[;q j/25'x-O'C,ANOP)~1J"'3 ~11J`U tb•l~iwi - rEZL/ :LSO .'^a I/ 3 5.7: n'NLY 1 ~E~ rl_ ~s r9 CZ 38' D/A MAP/LE U a~C.ys- 4` , rl EL, err? "Rp 7 _J-" . NC 5510 ~ ~•q„ 4Vt~}~ (t•~a ~ cwa o1 I is A lC `J XJ K S__`•B 11` K 1 A I EXIST CURB C! 1 A I N R O A D (Id. Y. S. R T. 2 NOV ? 519 9I (tt_ ti_7L y va ~,~..L=.__~~_~_~b5CgpL-AHF~ -'~"'~,~~=iJ ~73• ~4 4~ 1 NEW 6' CONC. CURB i ` ` ~ CI ZONE 02 SEE DETAIL TH/S SHEET. O QM RUNOFF) I 1 Y ~ ~(J y~ NEW PLANTER AREA 1114Y20,HA STALL (NEW) 1CiQjOPFO'~£ 1 I AI- Tµ,0 (2) 1L; . STALLS (NEWJ O PARK/NG Q2 £i ~0 6 47-ION 44 Q 4AQ ;y W ~Jry Q t O 4S (3 lo \ ~ O NEW 6' CONC. CURS, SEE DETAIL THIS SHEET. 1 11 i \ i (r % r Ti, £1_ f~ . \A (l C r. T~ R(=tl~ ;T DRYN'fLLS 70 RN -MAIN NEW PLANTER AREA ' r. r' o y0 161.30 it w_9 4 O mom. V I7L EXIST CURB NEW RB I K FyJ r >p n_ sss ivy~ 15 £L _9." RESERVED _ 2-1/2' X 12' 24GA DECKING FUAH CDRE LAMINAIED FASCIA PANEL ~~u Y 23 z6" - ~ U V IZX22 W A 'Ir J ~I o = r~ a a - I U W v III xzz J 0 v r,. ---T I ' 25b" a D o I I , I .G„ i IT - J vrZx y L2. -Al -t~- r I I I r EFnT I- 'PECIf IIDr1S F r .I Ar.CHLR bULiS ll~JM A-307 OR A-36 OCCUPANCY OR LRFCIION I1:LIC - iLTM A-325 HIGH SI RENGTH VELD - E 7D DLDANG - 24 GA FALVANIZED STEEL USE IS UNLAWFUL BAKED ENAMEL 20 YR FINIDH WITHOUT CERTIFICATE / ~ y~ D,Iclrra TO v!rMSrANn THE FOLLOWING LEADS WITHOUT DRAINAGE - 24 GA GALVANIZED STEEL IADS VITHOUT BAKED ENAMEL 20 YR FINISH A OF OCCUPANCY ~ Fo,THE ALLOWABLE O STRESSES AS RUCTI BY 'ECIFIED BY AISC SPECIFICATIONS FIIR DESIGN, FABRICATION, JCT.ON, AND ERECTION OF STRUCTURAL STEEL FOR UN ~"%~~,T ~f n!CAN INSTITUTE E OF STf FI. CONSTRUCTION, BUILDINGS, 1980, SHALL APPLY TO ALL _ FSf ROOF LIVE LEAD WIND LOAD STRUCTURAL SIFEL WORK, FASCIA WT 5 lbs. PILE ALL A325 BOLT5 KF-L HE TIGHTENED 6Y THE TURN - 20GA FASCIA BRACES OF THE NUT METHOD AS FOLLOWS: 1) ALL BOLTS Sfb Ll BE BROUGIiT TO A SNUG TIGHTNESS DEFINED AS THE TIGHTNESS ATTAINLD BY THE FULL EFFORT OF A IRAN USING AN ORDINARY SPUD WRENCH. A 4Z° 2) ALL BOLTS IN BHE CONNECTION SWdL THEN HE FGHTENED ADD'TIOIIALLY BY A NU; OR BOLT ROTATION OF 117 TURN. DURING -1 - THIS OPER~FON -HERE SHALL BE NO RO TAHON OF THE PART NOT TURNED BY TI1E 1'RFNCH. NO., Ali nre,ion ai n,u ~ropi tv u b L, COLUMN IS8_XIZ XYl" i ,,,,pccur.' f..rF Slnt.. ~ CLEARANCE L? trohawk Metal Produces Co., Inc - .1 Y (F~~°. +r,~ [ I io neecr y ove r ace Av,/,. t-'G .:'4= Utica, NY 13501 315-793-3000 FINISH GRADE .i.., r lrr'o•.:O wre ~ .7 ~ u,J PEwaEo Nr.~H C~nr CUTCNGGU( lY r _ _ DPAwirG ~u,neEP - - - - _ _ _ 3'X5' HAN9HOLE HANDHOLE - I - L ~•l"ERNAL DRAIN I I I it FINISHED GRADE I I i I I o~ -J ~ it o f~ p C"INDUIT (,BY ?1HCRS) _ J.I-- u;,DE 50 FfBAR 16' :].C EACH WAY _ n I' -.1;LRr!AI_ DRAIN F F eOTIi,!G D'~TIIL FOOTING IAYOIII F FOOTING SPECIFICATIONS: 1) ALL FOOTINGS MUST BE DESIGNED IN ACCORDANCE WITH LOCAL BUILDING CODES. 5' DIA- HOLE i OR CONDUIT 2) FOOTING SIZE BASED ON 3000 PSF MINIMUM _ SOIL BEARING CAPACITY. 3) TOP OF FOOTING ELEVATIONS SHALL BE EQUAL UNLESS STATED OTHERWISE. xs.a/e ws"Lt 4) EXTEND FOOTING BELOW FROSTLINE AS REQUIRED 5 FOOTING SIZE OF "-o WIDTH X LENGTH X _'i DEPTH IS REQUIRED MOHA.WK Iv,LFAL PRODUCTS CO. WILL. ASSUME NO ; 1 I I I - RESPONSIBILITY AS TO THE SUITABILITY OF THESE AND 1'- L OTHER SPECIFICATIONS TO MEET LOCAL BUILDING CODES. 15° - 14" 16" 19" - AtJCHOR f301 T5. (4) 1-1/.'' _ ~ II I~Q o z LLB ooamiun„ . Mohawk Metal Products Co., Inc. I- z I--15° r yo!,{uF,,Y^±' 2175 Beechgrove Place - eers:,e~_z eav r;vx are. utca NY tJnU Y n4TM C C, R, BOLT DETAIL 315-793-3000 BOLT PATTERN - 15"~ X 15"~ '1 ' ~ pawn Br GATE -EVIMO - WH,TL,f,n N 'v - 2= - y,..s/~_.• L,_ 1=GY: c07-CHO(tUG NY wL r I Y,1: a. SLY ` -SAWCUT EXISTING SURFACE PAVING <EGEMD III// 2 MIN. PROPERTY LINE - - - i' MONITORING WELL I ILL LOCI, TION O VCNT LINE a w MANHOLE COVER l IB' PRODUCT IJIJE I b '\~f p P V 0 c A~~ ~ ~ Q N N ~ ~ p III (REF) INEW PLANTS -GONG SLAB (SEE SITE PLAN) W/OTH IKAK,, O17TECPON LINE E IP - / NICH 11. VEL EL AIL ARM VAPOR RCCOV fiY LINE SA- ,R LINE W w w SLW;'R LINE ~s 5 5 Unurr LINE u u u •Y Ty ~ N CAS LINE 3 I I = - Jr f - ~ - Ascr,F_ylARohs W3 0 T .\c ~ rN Fg rN rN ~ B N SECT/ON 'A-A' /v SITE 4~€@C MT S ,Al ~I T p I~ ~D u0 ~ M N LOCATION A?AP 1 \1 1 A?Eq VvJ r~~r.~ NTS. N 0 _ N DA VID oly Fo[ - r b ! r s E11 d ~ ~ f ~ " J ONEFq ~ A[f3/;FCl'l7-V w w < r Q Q NEW 6' CONC. CURE Y { SECT J 7 fi rC4A /[O(JND / NEW [OCK31 ti O O ~ O 1cv I-~n . HANG/CAPp ~T 26 __-'LJ,~•~~.~._ / (SEE DETA/L THIS SHE I C 4 NEW PLANTER AREA I1 ---C-~-~ _ ~ S['APL AREq ~'~-i~-{~ [73,79 n 4 ed m O GRASS ARFJ 61ASS AREA o o = ,Z o 3 y~ U ~ W I~\' I NEW ASPHALT AREA 116 W U Q VI ZONE 82 - NEW 6' CONC. cuRe . J _ e° s r" -S % C s>`ri c =P, rp `m• \ SEE DETAIL THIS SHEET C~ J '`fig 1~ h RUNOFF) T lC N ZW wF1U-1 Q ' SYSB ell p~o a(tzu~ g I ~2 ~POP NEW PLANTER AREA- / azwwot.oo~ p oao°iWU>E¢ 00"a I F ~"»oa'a'a~rz ' "I$T S"Rl IMF \ - c5 OL l I l_ V V k p 3:,-_ 7 Z 06U U60 Wt/)~-F i)5~P gG 0 .ps4X2o(' rS\\ L~l OQ 0\ G c, K/NG STALL HEA}Ny~CAPP \ RADFOF i" Sd.aWONQr]ZZ QO?IOwV1UZQW v ~m EXIST IANK FIELD ~0 ~Io aG Cq< R GCS S,y1• Fl f•1 +\~GJ,\Sp~PaG~ pOO N ED Q /2/ AOF 1G O :Y RO~NgV/ Cq/*YRZS ~SE wLl os~~ N3~y~WOU i 2 zrUtrZ ¢ tlO !-'sir-~a.soao F'YIST. PLANTER V / ECS v \`,F(POJ" yJ ovb r6G ST 20• _ / \ s o es ~0 0 • ( < APE pQ ~aE50. PO ~V- A<LS (Arm,/ ARK/NG/ 1 ' D =C(/• hFYbc0~~+0q-tl 1'\6~ ci ao 4i ti e ;t 7+ a(~pi ~~I P P" ~u o EX/ST. EXIST. DRYWELL CAPACITY DATA_ a ro / 1( GOO. ~toOwxa AIR SIAnoN tr y ~ y \ f V ~t~ - B r OWMI JQ• Oryvell Oucsi n Outside Inside Diameter Effective calcuf ated fT i o, ZONE &I '00 - - - (RUNOFF) Ol ameter (ft.) (ft.) Height (ft) Valime 14 0 r m EOO E~ Du - t t.o 4.0 3.e 3.4 30.6 6 !I / 1 ' `A - z 4.[ 12.0 10.6 7.0 617.7 EXIST ORYWELL INTERCONNECTION PIPES C ' Q [u 3 iz.c 12.0 10.6 'ta.a eszs q as O 4 4.( 12.0 10.6 20.0 1765.0 2^~ w 1 TOtdl Capacity 1 m city 3303.8 t, `1G 4O LI 1I n'' ` 4~' v~y9 39 / ~ NEW B' CONC. CURB t ge Y2~ SEE DETAIL THIS SHEET. ~m 2^~ C, Z m Y ^ y E~ ~y m m t„ V o 1UPry II 4c r ~y J rJ O v I V c. /'A 4 a FD 12 OUTLINE OF NEW 10'-0'X25'-O' CANOPY 6- DIA MIN. SDR 40 PVC PIPE\, O~WN2 v °I;aI T CANOPY ROOF GRAIN irj I \ i= EXIST ORYN'FLLS TO RFN,:IN L ca \ (1) BRADFORD PEAR (PYRUS CALLERYANA - BRADFORD) HAVING A 4 112' TO 5' CALIPER ? / \ I I ry'D/ vWI q O ~ ~ J w O 1 0 ' - EX/ST 28' X I' ISLAND W/ TWO (2) NOSE 4i 9 / DISPENSERS, FIRE SUPPRESSION. NEW PLANTER AREA O q r„ i -EX/ST SINGLE POLE AREA LIGHT, ONE ( 1) SHIELDED =METAL HALL/DE LAMP ON THIS POLE W/NEW to FULL-SERVISLAND. y PAIGE SIGN ATTACHED (SEE PRICE SIGN DET SHT 7 OF 4)- 2 6 ~ UI C ~n t ti N 1 -NEW LD. SIGN (SEE DET SHT 1 OF 4) ~ EXIST PHYSICAL PROTECTION BUMPER. T I m TYP (1) EA END (SEE GET THIS SHT) y ~ 0 2m Y y EXIST NO SMOKING SIGN (4) RED'D ; i EXIST REINF CONC. MAT- - LC'+Cn'J7E I 4 4 (SEE DET THIS SHEET) ~ L g m Q N I O NEW 18' X HH'-O'f/- PLANTER AREA _ 4 p e W/LOW LEVEL PLANTINGS 18' WIDEX THIGH I q DESIGN AND INSTALL BY OTHERS. - W 141,1 O 1- ..44 HelvllaH WELL a00 ~~CWgWELG ~Q O J MQ4ITJR WELL N I~ MCWITOfl WELL y_ i(--, i~jo 14 y O j IL10 n_=.`~_Y9 13 p4 ? Q NJ 4 !.'!T COILh'I Tf N 12 _-I IV ~l F ypl dfi0.V ~ ~J 7V 11 ~ i, n i 1 -•+1 nl : v % r ~;_Z38' D/A MAPLE rL~rf ..c oN / Ivae U m fa it 38'DIA MAPLE EX/STCURB NEW 9, qsv nsvse ros vwwwsm nnuBl /11/9 e. w J !_7L IC c ',.t li~ III I C `_'J J K \_'d K Y 5l g._ p. - EXIST CURB CUT TO REMAIN - _ pll B eEV ASYEF iOWNCi SOUMOID, llA01[111/11/61 118191 N F EXIST CURB CUT TO REMAIN r, I? REVISIONS DATE B U o 4 _ - ^sRH n. s w ~ 3 nf~6[~Od~ i MAR - 2 KJ92 Illlllnjuuu a vwi bfAIN ROAD (N. Y. S. RT.25) 2 5) ) SOUTHOLO TOWN amm1N6' 1 "3 PLANHIMG 80ARD _ APPROVAL STAMPS ~PH <n Cn_ 'RESERVED PARKING i "~E85{ONbP~ ulwxx PROJECT N0. E i L+ : "F_/l IV SCALE SCALE., 1"= 10'-0" SURVEY L`Jl=ORiiATION SHOWN ON SI7E PLAN SUPPLIED BY: - RUNTY, STATE OF NEW YORK PPMJB89587A PROPERTY SITUATED IN CUTCHOGUE, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STAP PAT T SFCCAFICO, 711,1 -1VI P.,yl ESSK)NAL IJNn SURV YOR SECTION 102, BLOCK 5, LOT 26, ZONED H.S.. (N.KS.D.O.L) `i111Ni•- II SHEET NO. 14 SOUnl MAIN STREET, HANDICAPPED 2 6F4 SA, l_LE, NEW YO K 11762 NYS LIC NO O"9IH7 PARKING STALL SIGN TYP. BUMPER CURB DETAIL (516) 561-4773 lSeE 5l1EFLVd FP9:OGIl[Wl ~