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Southold, N.Y. 11971
HENRY E. RAYNOR, Jr. , Chavman TELEPHONE
JAMES WALL 7654 938
BENNETT ORLOWSKI, Jr.
GEORGE RITCH[E LATHAM, ]r.
WILLIAM F. MULLEN, Jr.
,
December 2, 1982
Mr. Allen Ovsianik
Box 485
Cutchogue, New York 11935
Dear Mr. Ovsianik:
The following action was taken by the Southold Town Planning
Board, Monday, November 30, 1982.
RESOLVED that the Southold Town Planning Board approve the
site plan of Allen Ovsianik for the construction of an addition to
the existing building known as Mobile Gas Station located at
Cutchogue subject to receipt of three (3) maps designating buffering
for the corner of Eugene's Road and Main Road and fencing of the
side and rear yards.
If you have any questions, please call our office.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
cc: Zoning Board of Appeals
Building Department
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Southold Town Bvard of Appeals
SDUTHDLD, L.1 N.Y. 11971
O,y~O MAIN RDAD - STATE RDAD 25
''~~ll l J~l 'tEPhF6kEF546! 7~~ ~ gno
RECEIVED AND FILED BY
ACTION OF THE ZONING BOARD OF A P SOUTHOLD TOWN CLERK:
Appeal No. 3049 DATE ~!3/~~ ~ ~/2,
Application 'Dated October 12, 1982
TO: Mr. Allen Ovsianik
Box 485, Main Road Town Clerk, Town of Southold
Cutchogue, NY 11935 _
At a Meeting of the Zoning Board of Appeals held on November 18, 1982
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[X] Request-for Special Exception under the Zoning Ordinance
Article VII Sections 100-71(B)[4] and 100-71
[ ] Request for Variance to the Zoning Ordinance
Article Section
[ ] Request for
The public hearing on this application was also held on November 18, 1962.
Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a
Special Exception to the Zoning Ordinance, Article VI2, Sections 100-70(B)[
and 100-71 for permission to construct addition to existing gas/service sta
tion with reduction in frontyard area in this B-1 Zoned District. Location
of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; Count
Tax Map Parcel No. 1000-097-02-015.
The board made the following findings and determination:
By this application, appellant seeks permission to construct a 16'
by 42' addition (exclusive of 2' concrete apron along west side of
addition) for use as a shop area for the existing service station. The
setback of the new addition at its nearest point with Eugene's Road is
15 feet (southwest corner). The existing service station building is
set. back at its northwest corner from Eugene's Road at 19.34 feet as
indicated on site plan revised 10/2/82 submitted with this application.
The premises is question contains an area of approximately 14,500 square
£eet, with frontage along Eugene's Road of 129 feet and along the Main
Road of 136 feet.
In considering this appeal, the board determines that the use applied
for will not alter the essential character of the neighborhood; that the
use will not prevent the orderly and reasonable use of adjacent properties
or of property in adjacent use districts; that the use will not prevent
the orderly and reasonable use of permitted or legally established uses in
the district wherein the proposed use is to be located, or of permitted
or legally established uses in the district wherein the proposed use is to
be located, or of permitted or legally established uses in adjacent-use
districts; that the safety, health, welfare, comfort, convenience and
order of the town will not be adversely affected by the proposed use and
its location; and that the interests of justice will be served by allow-
ing the variance conditionally as noted below.
On motion by Mr. Sawicki, seconded by Mr. Doyen, it was
RESOLVED, that the relief requested in Appeal No. 3049, application
by ALLEN OVSIANIK for permission to construct addition with reduced
(CONTINUED ON PAGE TWO)
DATED: December 13, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS / /
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3049
Matter of ALLEN OVSIANIK
Decision Rendered November 18, 1982
frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
1, That the present use (service station functions) be continued
for this new addition;
2. That at no time may premises be used for more than one business;
3. That storage of vehicles is limited to the east side and south
rear yard areas [and in no event forward of the building into the
frontyard);
4. If the rear or side yard areas of premises are used for storage
of vehicles, then adequate screening shall be provided as required by
the Zoning Board of Appeals for that purpose;
5. That this variance is subject to review by the Suffolk County
Planning Commission pursuant to Sections 1323, et seq. of the Suffolk
County Charter;
6. That this variance is subject to Southold Town Planning Board
approval and requirements, if any,
Location;o£~Property: S.R. 25~and~EUgene Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-97-2-15.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted. ,
APPROVED
,.-l
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aoS~FFa>k~o~
Southold Town Board of Appeals
o,/LOI ~ r~04' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I„ N,Y. 11971
'"`~~ll TELEPHONE 15161 765-1809
ACTION OF THE ZONING BOARD OF APPE LI~ECEIVED AIVD FILED
THE SOUTHOI:D TOWN CL•
Appeal No. 3048
Application 'Dated October 12, 1982 DATE%/~/~~ HOUR/,~~
TO. Mr. Allen Ovsianik -v~
Box 485, Main Road 0
Cutchogue, NY 11935 Town Clezk, Town of South
At a Meeting of the Zoning Board of Appeals held on November 18, 1982
the above appeal was considered, and the action indicate below was taken
on your j ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
t J Request for Special Exception under the Zoning Ordinance
Article Section
jX] Request for Variance to the Zoning Ordinance
Article VII Sections 100-70(B)j4] and 100-71
[ ] Request for
The public hearing on this application was also held on November 18, 1982.
Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a
Variance to the Zoning Ordinance, Article VII, Sections 100-70(B)[4] and
100-71 for permission to construct addition to existing gas/service station
with reduction in frontyard area in this B-1 Zoned District. Location of
Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County
Tax Map Parcel No. 1000-097-02-015.
The board made the following findings and determination:
By this application, appellant seeks permission to construct a 16'
by 42' addition (exclusive of 2' concrete apron along west side of
addition) for use as a shop area for the existing service station. The
setback of the new addition at its nearest point with Eugene's Road is
15 feet (southwest corner).. The existing service station building is
setback at its northwest corner from Eugene's Road at 19.34 feet as
indicated on site plan revised 10/2/82 submitted with this application.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by a method
feasible to appellant other than a variance; that the relief requested
will be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in consideration
of all the above factors, the interest of justice will be served by
allowing the variance.
On motion by Mr. Sawicki, seconded by Mr. Doyen, it was
RESOLVED, that the relief requested in Appeal No. 3048, application
by ALLEN OVSIANIK for permission to construct addition with reduced
frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
(Continued on Page Two)
DATED: December 13, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form 2B4 (rev. 12/81).
Page 2 - Appeal No. 3048
Application of ALLEN OVSIANIK
Decision Rendered November 18, 1982
1. That the present use (service station functions) be continued
for this new addition;
2. That at no time may premises be used for more than one business;
3. That storage of vehicles is limited to the east side and south
rear yard areas [and in no event forward of the building into the
frontyard);
4. If the rear or side yard areas of premises are used for storage
of vehicles, then adequate screening shall be provided as required by
the Zoning Board of Appeals for that purpose;
5. That this variance is subject to review by the Suffolk County
Planning Commission pursuant to Sections 1323, et seq. of the Suffolk
County Charter;
6. That this variance is subject to Southold Town Planning Board
approval and requirements, if any.
Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-97-2-15.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (PAember Grigonis was absent.) This resolution was
unanimously adopted.
_Pil 1'~\1111~~i!
iz
Chairrrwn board of Ap als
MEMORANDUM
To: Bennett Orlowski,Jr., Chairman
Victor Lessard, Building Department Administrator
James A. Schondebare, Town Attorney
From: Valerie Scopaz, Town Planner
RE: Gas station on Southeast corner of State Route 25 and
Eugene's Road, Cutchogue. SCTM #1000-97-2-15.
Date: May 31,1988
At the above-named site, a large steel-framed "Butler"-Type
building has been erected alongside an existing gas station.
There is no approved site plan on file for the construction
of this building. Further, the site owner was not required to
apply to the Zoning Board of Appeals for permission to expand a
use that is permitted by Special Exception only.
This situation has been discussed on several occassions, by
all the above; however, no move has been made to require that an
amended site plan be filed with the Planning Board's office. In
order to protect the Town, it is essential that there be some
consistency in requiring site plans. Otherwise, the Town is open
to changes of being arbitrary and capricious in its application
of the Town's Code. Furthermore, other owners of business
property may decide to circumvent the procedure by applying for
an accessary building rather than filing a site plan to expand an
existing building. If this happens, there is no point in having a
site plan review procedure at all.
Consequently, the following recommendation is offered: that
the property owner be required to file an amended site plan and
that the amended plan be in compliance with the Code requirements.
MEMORANDUM
To: Bennett Orlowski,Jr., Chairman
Victor Lessard, Building Department Administrator
James A. Schondebare, Town Attorney
From: Valerie Scopaz, Town Planner
RE: Gas station on Southeast corner of State Route 25 and
Eugene's Road, Cutchogue. SCTM #1000-97-2-15.
Date: May 31,1988
At the above-named site, a Large steel-framed "Butler"-Type
building has been erected alongside an existing gas station.
There is no approved site plan on file for the construction
of this building. Further, the site owner was not required to
apply to the Zoning Board of Appeals for permission to expand a
use that is permitted by Special Exception only.
This situation has been discussed on several occassions, by
all the above; however, no move has been made to require that an
amended site plan be filed with the Planning Board's office. In
order to protect the Town, it is essential that there be some
consistency in requiring site plans. Otherwise, the Town is open
to changes of being arbitrary and capricious in its application
of the Town's Code. Furthermore, other owners of business
property may decide to circumvent the procedure by applying for
an accessary building rather than filing a site plan to expand an
existing building. If this happens, there is no point in having a
site plan review procedure at all. '
Consequently, the following recommendation is offered: that
the property owner be required to file an amended site plan and
that the amended plan be in compliance with the Code requirements.
~FFO(,Y
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Southold. N.Y. 11971
(516) 765-1938
October 15, 1984
Allen Ovsianik
c/o Nassau Point Service Station
Main and Eugenes Road
Cutchogue, NY 11935
Re: Site plan for Nassau Point Service Station
located at Cutchogue
Dear Mr. Ovsianik:
We are in receipt of your request for plantings as screening
rather than a fence at the above mentioned site; and this was
reviewed by the Board.
It was the consensus of the Board that this will be an acceptable
alternative to the fencing, however, it is requested that you
submit a planting schedule for the site. This schedule should be
an indication as to the type of trees, what spacing, how large
the tree centers will be, etc. The Board also suggests that,
perhaps, mixed material be used; for example, black pine and
white pine.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
~OUTHOLD TOW~iN~P(LANNING BOARD
By iD ane ~~"Schultz~~e retary
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Date: _ ~~a'
>rs .tibsent, ii any:
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. ~ri~rcc or :aFpcat: _ -
Ct:arles g rce Rcbert Gerard ~Iosep~
Grlgcros D`o}2n Dc~ytass Goenringer awtc i
,.a reads by: ( ) ( ) ( ) ( )
;n; ( ) :\ppr cv'e as applied for ( t~4pprove wish the fotlo~ding conditions:
( ) D%n.• as applied for 'f /x,C Ctx.(:%,~c.c.c yf-l.`- ~a-~
( )Deny
~2f M .f.r=....e' rxcu
( )Dan y' !.~ithout prejudice _
( ) withdrawn without 5 ( SubiPCt to Ccunty Planning referral
Preiuaice 6 (7/~Subjer_tto Plannino 3oard aonrovat
( ) ( )Subject to D.E.C. reaula[ions ( ) Other: _
...Qt~-f_ o.,~,~, ~
~,a of t':o 3o~rd are as follows: ~ ~ _
Othe:
-
1,'ithu: t5e Chcr actor of the :~'eighborhood ( )Granting the Relief Requested is withi:
Vs::~ac^ is Subs[antiat in Relation to Code spirit of the zoning code
,.~t ir. h~~'-c::y wi;.h pu-LS2s of tY:e Codz ( )Relief is not substantial
;i_,rdshin not sufficient ( ) Burden of hardship or difficulty shoe:
C~~cu-!stances are. Not Unique ( ) Cirowmstances aro unique
ill :;et a ~ recedent in thz neighborhood ( ) Variance wilt not change character o
::rri is alread'~ very congested the neighborhood
:;uereats of justice served by denying ( ) Interests of Justice served by grar.tir
( ) Ocher for Special Exceations
t" ;!;c (3cnrrl: A;es: ( } CG •~D (~'RD (~GG JS
Di ,y: ( ) ( ) ( ) ( ) ( )
A~JStaln: ( ) ( ) ( ) ( ) ( )
P~~~FfOLk
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Southold, N.Y. 1 1971
HENRY E. RAYNOR, Jr. , Chairman TELEPHONE
JAMES WALL 765-1938
B£NNETT ORLOWSKI, Jr.
GEORGE RITCHIE [ATHAM, Jr.
WLLLJAM F. MULLEN, Jr.
November 16, 1982
Mr. Allen W. Ovsianik
Box 485
Cutchogue, New York 11939
Dear Mr. Ovsianik:
Our Board is unable to make a determination on your proposed site
plan as submitted. As this area is in the B-1 District, a full
site plan is required by this Board.
We would request that you revise your site plan to include ingress
and egress, proposed parking plan to be dust free, and proposed
buffering for this area. Please refer to Chapter 100-130 of the
Code of the Town of Southold.
Please submit to our office three copies of the proposed site in-
dicating the above, at which time we will schedule a presubmission
conference with the Board for the next available Planning Board
meeting.
Very truly yours,
HENRY E. RAYNOR, SR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
cc: Zoning Board of Appeals
...y
, .v nc,c me ,~.+.~ratl abet[ i.ave negotiated a loan to be made on `V (c) When tiabil[ty has been definitd filed in aceordantx w[th the
[ne xcur9ty of a mortgage on the inurcd'a estate or interest m the I condition of thu licy, the loss or damage shall be payable within
pcemixs and the title shall have been rejected by the propoud lender thirty day? them ter. '+L'~.
Name of Insured Policy No. T1282-1797
ALLEN W. OVSIANIK Amount of Insurance $ 95, 000, 00
pate of Issue 8/25/82
The estate or interest insured by this policy is fee simple vested in the insured by means of
a deed made by Ronald A. McCallom to the INSURED dated 8/25/82,
recorded 9/7/82.
SCHEDULE"B"
The lollowing estates, interests, detects, objections to t/t/e; (tens and inbumbrances and other matters are excepted from the
coverage of this policy: +a.>~sa~ ;,yy--~ t _~~~','ars
7. Defects end incumbrances arising or becoming a lien attar the date of this policy, except as herein provided.
2. Consequences of the exercise and en/orcement of attempted en/orcement of any governmental, war or police powers over the
premises.
3. Any laws, regulations or ordinances (including, but rtot limited to
zoning, building, and environmental protection) as to use, occu-
pancy, subdivision or improvement o/. the premises 8dopted or imposed 6y any govemmental body, or the ellect o! any noncom-
pliance with or any violation thereof. - -
4. Judgments against the insured or estates, interests,defecis, objections, hens or incumbrances created, sullered, assumed or
agreed to, by or with the privity of the insured. , -.7,„„,;:;~ - ,
r"
5. Title to any property beyond the lines of the
premises, ortitle to areas withM or rights or easements in any abutting streets, roads,
avenues, lanes, ways or waterways, ar the light to Inalntain'1her8Jn vaWts, tunnels, ramps, ar any other structure or improvement,
unless this policy specifically provides that such titles, rights, ar easements are insured. Notwithstanding any provisions in this
paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to
abutting owners.
6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise.
A, Boundary Line Agreement recorded in Liber 4252 cp 223. (affects
northeasterly line
B, 1. A building, 2 gas pumps and phone booth on described premises
herein.
2, As shown on survey by dated July 13, 1982.
C. Terms, Covenants and Conditions in mortgage made by Allen W.
Ovsianik to Ronald A. McCallom dated 8/25/82, recorded 9/7/82
in the amount of $75,000.00 and interest,
SCHEDULE "B" OF THIS POLICY CONSISTS OF O SHEET(SI.
THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY
t.a~,_.- ~ ~.r~~~_, ~ s~
~ ~c~~.
t'O htY HO T17n3-1?er twx~t.Rq r_
SCHEDULE"A"
The premises in which the insured has the estate or interest covered by tMS Doncr
ALL that tract of parcel of land situated in East Citchogue,
Southold Town, Suffolk County, New York, with the buildings
thereon, described as follows:
BEGINNING at the intersection of the southeasterly line of
the Main Road with the northeasterly line of Eugene's Road;
from said point of beginning running along said southeasterly
line of the Main Road, North 42 degrees 12 minutes 00 seconds
East - 136.14 feet to a monument and land o£ Abatelli;
THENCE along land of Abatelli, South 50 degrees 34 minutes
00 seconds East 121.00 feet to a monument and land of Mullen;
THENCE along land of Mullen,`..South 42-degrees 12 minutes
00 seconds West 95.47.,feet to;a monuument on said northeast-
erly line of Eugene!s~ROad;
THENCE along said northeasterly line,-North 68 degrees 42 minutes
40 seconds West - 129.39 feet`to the point or BEGINNING.
.
.~r,. °
THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY
x ~ ' 13 UlLUING DEPAIiTM ENT a
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
No . Date ~ ~Qi/,'2 7 ~ 19
k...:~~5
l7 5
PLEASE TAKE NQTICE that your application dated ..~j!'~~~.'/'?,'/."~~ .Z.3, 19~:~ .
' ~~i
permit to construct ~l~cfr .~,r'.y'!~:..~d...~l~ .M/L, ~~yj .,j`'/y~~
%~~~2~7~,... at
_ .,ration of Property ~ C'~f/l~....~. S.:....... S~S"iJ:: ~~~ir{iE '
House No. Street Hamlet
t.rrty Tax Map No. 1000 Section d.
./.....Block Q. Lot /
.-:cdivision ate; Filed Map No. Lot No . .
i ; eturned herewith and disapproved on the following grounds /.'`~c.//..~./.~F;- , ,~a~~e~~ iJ't
- ? 7rG~r~f' G/c~~c~ ca~c'c¢ ~7aciny -
,_~,y~~
f~, ~C . Building Inspector
's Date: !/~~~~a.
...,ors tibsent, if any:
ari~ncc or :appcat: _ ~_~C.Op 1 -'f_
Ch.rles gg ree P.obert Gerard oseo
Gr~ccnts lloj2n Douyrass Goenrtnger awtc/'i
_ ,..i Wade l;y: ( ) ( ) ( ) ( ) (Y,
( ) :lpprcve as applied for ( 1~Approve with the following conditions:
( )Den}' as applied for 'f +8~' fX,~ - ,c4,Q
( ) Dar.y -
( ) Dany without prejudice ~ of 'F'-^`e
( ) hithdrawn without ( Subiect to County Planning referral _
PreiuJice d (t/rSubjec_ito Planning Board annroval
( ) ( )Subiect to D.E.C. regulations ( ) Other:
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of t!:c Ecar~?, are as follows:
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V"~t '~~;i:!:in t':~ Character of the :ceighborhood ( )Granting the Relief Requested is ~wir
1'::r ia~ice is Substantial in 5elation to Code spirit ~f the zoning code
:,~t ir. !:~,~..^.y with pu._~oses of the Code ( )Relief is not substantial
.i_:rdship no[ suflicient ( ) Burden of hardship or difficulty shy
Circu:7stancee> are. Not unique ( ) Circumstances are unique
i!: sec ~ pr~ceaden[ in the neighborhood ( ) Variance will not change character
' ,~a is already very congested the neighborhood
.ctr.res[s onus-ice served by denying ( ) Interests of Justice served by gray
( ) G~hez~ for Special E;cceptions
i3carrl: A}es: ( ) CG (~D (X"RD t,G (i) JS
Ally: ( ) ( ) ( ) ( ) ( )
A`.,atainc ( ) ( ) ( ) ( ) ( )
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