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HomeMy WebLinkAbout1000-102.-5-26SECTION 'A-A ' /ICJ /I ,. &. '~ ~-/} IL ZJI'VJ SURVEY INFORMATION SHOW'N ON SITE PLAN SUPPLIED BY: $1TEPLAN SCALE: 1"= 'tO'-O" PROPERTY' SITUATED IN CUTCHOGUE, TOWN OF SOUTHO£D, SUFFOLK COUNTY', STATE OF NEW YORK. SECTION 102, BLOCK 5, LOT 26, ZONED It.B- : REVISIONS DATE; M A I N R O A D (N.Y,S, RT, 2 5) ~. APPROVAl.. STAMPS ( :~' ~.o.w. ) ,.~ __ ,,,,, = ' ' pPMJB8958X~ SHE~ NO. (N.Y.S~D.O.T.) HANDICAPPED PARKING STALL SIGN TYP. BUMPER'CUR8 DETAIL PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 June 13, 1995 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Allen M. Smith, Esq. P.O. 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, June 12, 1995: WHEREAS, the Southold Town Planning Board rescinds its resolution of final approval granted on April 10, 1995 on the final surveys dated January 9, 1992; and WHEREAS, revised final surveys dated July 10, 1992 have been presented to the Board for approval; be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated July 10, 1992, subject to a one year review from date of building permit. Enclosed please find a copy of the survey which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. Sincerely, /,7 Richard G. Ward Chairman CC: Building Dept. eric. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L, Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southoid, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11. 1295 Allen M. Smith. Esq. P.O. 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 Plannin9 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 regardlng the above. Chairman cc: Tax Assessors Building Dept. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett OHowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 March 28,1995 Allen M. Smith, Esq. P.O. 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, March 27, 1995: WHEREAS, 808 Realty Corp. is the owner of the property known and designated as Metro Service Station, located at Main Road, Cutchogue, SCTM# 1000-102-5-26; and WHEREAS, a formal application for the approval of this site plan was submitted on July 15, 1991; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), part 617, declared itself lead agency and issued a Negative Declaration on February 24, 1992; and WHEREAS, a variance was granted by the Zoning Board of appeals on May 13, 1992; and WHEREAS, this approval does not include signs; all signs will require a sign permit from the Building Department; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore Page 2 Proposed Site Plan for Metro Service Station March 28, 1995 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the survey dated January 9, 1992, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. Certification by the Senior Building Inspector. Please contact this office if you have any questions regarding the above. Sincerel ,, L,/Ribfiard G. Ward Chairman cc: Thomas Fisher, Senior Building Inspector Scott Russell, Board of Assessors SITE PLAN Presub mission conference (within 30 days of written request) Complete application received (within 4 months of presub, conference) Application reviewed at work session (within 10 days of receipt) Applicant advised of necessary revisions' (within .30 days of review) Revised submission received Lead Agency Coordination SEQRA determination REFERRED TO: '~ Zoning Board of Appeals ~/~5-.~/~.~.1[~=]['~ (written c.omments within 60 days of request} Board of Trustees Building Department (certification) , Suffolk County Department of Planning Department of Transportation -State 'Department of Transportation - County Suffolk County Dept. of Health Fire Commissioners RECEIVED: Draft Covenants and Restrictions Filed Covenants and Restrictions Landscap~ plan Lighting plan . Curb Cut approval Health approval Drainage plan Reviewed by Engineer /,//4- Sent:. Received: Approval of site plan ' -with conditions Endorsement of site'plan Certificate of Occupancy inspection One year review Southold. N.Y. 11971 (516) 765-1938 APPLICATION FOR CONSIDERATION OF SITE 'Date of Application 7-15-91F~ling'Fee$150-00 Date Rec'd New Use Change of Use Re-Use Extension of Existing Use upgrade Revision of an Approved Site Plan (Date of Approval ) Other canopy & Specify install a new 25' X 40' steel canopy over existi service island ************************** service islands. Name of Business or Site Metro Service Station Location of Site N/W/Corner of Main Road & Depot road Address of Site, if available 28975 Main Road Name of Applicant Nicholas Bartolomeo Address of Applicant 1470 Jerusalem Ave. North Merrick, N.Y. Telephone (516)538-2000 Person to be responsible for Construction Larry E. Tyree & Co. 208 Route 109, Farmingdale, N.Y. Telephone (516)249-3150 Applicant's interest in site-check one: Owner of Land X Under contract to purchase__ Owner of-Fee Title to Land 808 Realty Corp. Address P.O. Box 1006 Westhampton BeaChTelephone (516)288-0280 Site Plans Prepared by N.D. Eryou License No. 060292-1 Address 1108 Route 110, Farmingdale,N¥ Telephone (516)694-9696 Total Land Area of Site 18,800 Sq. Ft. Zone District H.B. · Existing Use of Site Gasoline Retail Proposed Use of Site Same Gross Floor Area of Existing Structure(s) 1218 .sqft. sqft. Gross Floor Area of Proposed Structure(s) 1000 sqft. sqft. Percent of Lot Coverage by Building(s) .07 % Percent of Lot for Parking (where applicable) .07 % Percent of Lot for Landscaping(where applicable) 14- % Datum(Specify)U.S.G.S. Other Has applicant been granted a variance and/or special exception by Board of Appeals No Case Number Name of Applicant Date of Decision Expiration Date Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? If so, have proper permits been obtained? Number and Date of permit issued NO ACTION (EXCAVATION OR CONSTRUCTfON) MAY BE UNDERTAKEN L~TIL APPROVAL OF SITE PLAN BY THE PLANNING BOARD. APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK Nicholas Bartolomeo being duly sworn, deposes and says that he resides at 1470 Jerusalem Ave., N. Merrick in the State of New York, and that he is the owner of the above property, or that he is the President of the 808 Realty Corporation (Title) (Specify whether Partnership which'is hereby making application; that the or Corporation) owner or his heirs, successors or assigns will, at his own expense, install the required site improvements in accordance with Article XIII of the Code of the Town of $outhold for the area stated herein and that there are no existing structures or improvements on the land which are not shown on the Site Plan; that title to the entire parcel, including all rights-of-way, have been clearly established and are shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Signed (Owner) Sworn to before ~ this /----~J~ay of ~ 19 ~/ FRANC~S G. NEALON Qualified in Suffolk Coun~ (Partner d~ Corporate Officei~and/Title) ! - ~1~-16-4 (2187)~Text 12 617.21 PROJECT LO. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) Acquisition Co. I Metro Service Station 3. PROJECT LOCATION: Municipality so]3.thold County Su~= folk 4. PRECISE LOCATION (Street address and toad intersections, prominent landmarks, etc., or provide map) Main Road & Depot Lane Cutchogue, N.Y. 11935 IS PROPOSED ACTION: [] New F-~ ExDan.~lon {~ Modlf icationlalt er at Io;3 DESCRIBE PROJECT BRIEFLY: Upgrade .- Ne%~ 25' X 40' canopy over existing (modified) service islands. Includes fire suppression system (new). SEQR AMOUNT OF LAND AFFECTED: .5 Initially .5 acres Ultimately acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? {~Yes [] No If No, describe brielly WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residenti&{ [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes r~ No If yes. list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes {~ NO If yes, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO ~'"~' I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE me: F~k Nealon/ Permit Research & AcquisitionDa~e: 7/15/91 I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ........ c'H°NEXCEEDANYTYPEITHRESHOL~i~6~;cCRO~f~P~I~.?e.d__bY Agen(~ ' . , -. []Yes []No ~R. PART 6~7.12~ ~ B. WILLACTIoN RE If y~, coordmate the ~ev~ew process and Use Ihe FUr i ~" ~ ~Yes ~No ACTIONS IN 6 NYCRR, PART 617.67 C. COULD ACTION If No. a negative ~ec/aratlon CI. ~lstlng air ~uality, surface or groundwater quality or THE FOLLOWING: {Answers may be handwt ten. If Jeglbl~ ' potential for erosion, drainage or noosing problems? ~PlaJn br/efl~ C7. Other impacts (including changes in use of ellher quantity or type of energy)? Explain briefly. OR IS THERE LIKELy TO BE CONTROVERSy RELATED Tn D~-~ ..... ~ Yes ~ NO tf Yes, ex ' D TO POTENTI plain b'*iefly AL ADVERSE ENVIRONMENTAL JMPACTS~ PART Ill--DETERMINATiON OF SIGNIFICANCE (To be COmpleted by Agency) INSTRUCTIONS: For each adverse effect identified above, deterrn/ Each effect should be assessed in COnnect on with its (a) sethnne Whe her it is Substantial, lare i 'rrevers'b'hty, ,e)g~ogral:,~ ? scope, ~nd (0 magni ude If necessa~, ~'~ ~rtban or rural) ,b) pro~g~jj~nl;°or~a~ctc°~rr°ither'.vise s gn flcant explanal~ons contain sufhclent detad to show that att relevant adv . tachrnents or reference su .... 0,- ng; (c) duration. ~__ __ erse nnpacts have been/den , -- ~'~'~'""g rnaterla s Ens--~ :~d) [ Check this box jf you have identified ~ ..... u and adequately ad'dre "'" mat OCCUr. Then proceed directly to the FULL EAF and/or -- r more Potentially large or Significant a~verse irnn=,-~ ....... seed. [ Check this box if You have d ' prepare mpacts which MAY documentation fh~ ,. etermmed, a positive decJaralion. based on the information and analyss above and any SUpporting .... , -~e proposed action WiLL NOT result in any s gnificant adverse environmental impacts AND provide on attachments as necessary, the reasons SUpporting this determination: SLaY Southold, N.Y. 11971 (516) 765-1938 ~ APPLICATION FOR CONSIDERATION OF SITE PLAN Date of Application 7-15-91Filing'FeeS150-00 Date Rec'd New Use Change of Use R~-Use Extension of Existing Use upgrade Revision of an Approved Site Plan (Date of Approval ) Other canopy & Specify install a new 25' X 40' steel canopy over existir service ~sland ************************** service islands. Name of Business or Site Metro Service Station Location of Site N/W/Corner of Main Road & Depot road Address of Site, if available 28975 Main Road Name of Applicant Nicholas Bartolomeo Address of Applicant 1470 Jerusalem Ave. North Merrick, N.Y. Telephone (516)538-2000 Person to be responsible for Construction Larry E. Tyree & Co. 208 Route 109, Farmingdale, N.Y. Telephone (516)249-3150 Applicant's interest in site-check one: Owner of Land X Under contract to purchase Owner of-Fee Title to Land 808 Realty Corp. Address P.O. Box 1006 Westhampton BeachTelephone (516)288-0280 Site Plans Prepared by N.D. Eryou License No. 060292-1 Address 1108 Route 110, Farmlngdale,NY Telephone (516)694-9696 Total Land Area of Site 18,800 Sq. Ft. Zone District H.B. Existing Use of Site Gasoline ~e~a~ Proposed Use of Site Same Gross Floor Area of Existing Structure(s) 1218 sqft. .sqft. Gross Floor Area of Proposed Structure(s) 1000 sqft. .sqft. Percent of Lot Coverage by Building(s)__ .07 % Percent of Lot for Parking (where applicable) .07 % Percent of Lot for Landscaping(where applicable) 1~- % Datum(Specify)U.S.G.S. Other Has applicant been granted a variaRce and/or special exception by Board of Appeals No Case Nualber Name of Applicant Date of Decision ~xpiration Date Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? If so, have proper permits been obtained? Number and Date of permit issued ~ ~ NO ACTION (EXCAVATION OR CONSTRUCTfON) MAY BE UNDERTAKEN UNTIL APPROVAL OF SITE PLAN BY THE PLANNING BOARD. APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK Nicholas Bartolomeo being duly sworn, deposes and says that he resides at 1470 Jerusalem Ave., N. Merrick in the State of New York, and that he is the owner of the above property, or that he is the President of the 808 Realty Corporation (Title) (Specify whether Partnership which is hereby making application; that the or Corporation) owner or his heirs, successors or assigns will, at his own expense, install the required site improvements in accordance with Article XIII of the Code of the Town of Southold for the area stated herein and that there are no existing structures or improvements on the land which are not shown on the Site Plan; that title to the entire parcel, including all rights-of-way, have been clearly established and are shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Signed (Owner) Sworn to before mC this /~-~ay of ~/) 19 ~/ ~ ' (Notary P~bl-ic) Signed ~.N~ (Partner ~g Corp6rate Office~and;Title) ~' 14-16-4/2/87~--Text 12 · ~,,PROJECT I.D. NUMBER I 617.21 Appendix C ' State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1..~51~_._~C~,.MTiSPONSOR Pe~'~ait Research & 2. PROJECT NAME Acquisition Co. Metro Service Station 3. PROJECT I.OCATION: SEQR Municipality southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Main Road & Depot Lane Cutchogue, N.Y. 11935 5. IS PROPOSED ACTION: [] New [] Expan.Hon [~[ Modlfica flon/alt erat Io;1 6. DESCRIBE PROJECT BRIEFLY: Upgrade: New 25' X 40' canopy over existing (modified) service islands. Includes fire suppression system (new). 7. AMOUNT OF LAND AFFECTED: Initially .5 .5 acres UR/merely acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? ~] Residential [] Industrial [] Commercia~ [] Agriculture [] ParldForest/Open space [] Other Describe: 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes r~ No If yes, list agency(s) and permttlapprovais 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~ No If ye=, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? Applicant/s~e~n~W~me: F~nk Nealon/ Permit Research & Acquisition 7/15/91 If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, ~ate {he review process and use Ihe FULL EAF. [] v~s [] No S. WILL ACTION RECEIVE COORDINATED REVlE~V AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, If legible) C1. ExJsUng air quality, surface or groundwater quality Or quantity, noise levels, existing tralflo patterns, solid wasts production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character'/Explain briefly:. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explal~ brlefl C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. O. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain bgiefly PART III--D~-I ~-Hi~INATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each eltect should be assessed in connection with its (al setting (i.e. urban or rural}; (b) probability of occurring; (c) duration; (d) ' irreversibility; (el geographic scope; and {fl magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sulficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2 Submission Without A Cover Letter Sender: '~--r~ 6~ ~--~'.~S~-- SCTM#: 1000- /02-~-'~.~ Comments: ~4Ay 2 5 19o~ ~OUI'HOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1939 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Thomas Fisher, Senior Building Inspector In Charge Richard G. Ward, Chairman Site Plan for Metro Service Center N/W/c Main Road and Depot Lane, Cutchogue Zoning District: Residential Office (RO) SCTM# 1000-5-26 March 28, 1995 Please review the attached for certification. The Planning Board gave conditional final approval at it's meeting on March 27, 1995. The only condition is certification by the Senior Building Inspector. Attached is a copy of the conditional approval; you will note that it does not include the sign. The applicant will have to obtain a sign permit from the Building Department. cc: Laury Dowd, Town Attorney PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark $. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 August 50,1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Allen M. Smith Attorney and Counselor at Law 7:57 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 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 1" = 20'. 2. Parking catculations. 5. 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 $I, 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. $igcer~, ,~ Chairman cc: Thomas Fisher, Senior Building Inspector in Charge Laury Dowd, Town Attorney Tel: (516) 727 3947 Allen M. Smith Attorney and Coun~lor at Law 737 Roanoke Avenue, Post Office Box 1240 Riverhead, New York 11901 Fax (516) 727-3950 August 17, 1994 Mr. Richard G. Ward Chairman Southold Planning Board Post office Box 1179 Southold, New York 11971 Re: Metro Service Station n/wc Main Road & Depot Lane, SCTM #1000-102-5-26 Cutchogue Dear Mr. Ward: Thank you for your letter of August 9, 1994. I have again reviewed this application with Mr. Chase. Mr. Chase does not wish to amend the site plan prepared and submitted in conjunction with Dunn Engineering. Suggestions to the contrary by the current tenant and his counsel were not authorized by Mr. Chase. At our last meeting Mr. Chase noted the "service bays" on a drawing left with the Board and initialed the same. Mr. Chase is advised by Mr. Dunn's firm that the parking calculation was made predicated upon the square footage and use of the structure which has remained unchanged throughout this application. If your staff reaches a different result, Mr. Chase will construct additional parking spaces west of the building. Mr. Chase would like approval of the site plan before your Board. It is his intention to construct the same as shown. The current tenant will have to adjust his operation to comply with the physical constraints occasioned by this site plan. yours, Allen M. Smith AMS:TWS cc: John Chase SOUTHOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS ' I~ichard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Ortowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 9, 1994 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) SCTM9 1000-102-5-26 Dear Mr. Smith: The Board has not heard from you since the above subject was discussed at its work session on April 18, 1994. Enclosed for your review are the Board's letters to you of November 16, 1993, and April 27, 1994, both of which indicate the necessary amendments to the site plan in order to bring the site into compliance. Unless the above letters are responded to by September 12, 1994, the Board will proceed with the plan dated July 1, 1992, as discussed with you and Mr. Chase at the Board's work session on April 18, 1994. If you have any questions, or require further information, please contact this office. Thomas Fisher, Senior Building Inspector in Charge Laury Dowd, Town Attorney PLANNING BOARD ME~%IBERS PLANNING BOARD OFFICE TO%VN OF SOUTHOLD $COTF L. HARRiS Supc~/l$or Town Hall, 53095 Main Road P, O. Box 1179 Sot~thold, New York 11971 Fax (516) 765 - 1823 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) SC~4~ 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. Parking calculations and spaces must iDclude 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, / / /, I / i,/ ~Robert G. Ka'ssncr Site Plan Reviewer Thomas Fisher, Building Inspector in Charge Harvey Arnoff, Town attorney PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett OHowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P, O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 April 27, 1994 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue ?.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: 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. If you have any questions, or require further information, please contact this office. $~r~lv, ~/ %-4~6~ /G. Kassner Site Plan Reviewer Thomas Fisher, Senior Building Inspector in Charge Laury Dowd, Town attorney PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Ortowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 27, 1994 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: 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. If you have any questions, or require further information, please contact this office. ~//G.~ Kassner Site Plan Reviewer Thomas Fisher, Senior Building Inspector in Charge Laury Dowd, Town attorney PLANNIN(3 BOARD MEMBERS Richard G. Wand, Chairman George Ritchie Latham. Jr, Benne~X Orlowski, Jr. Mark S, McDonald Kenne[h L, Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. PL~RPdS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516) 765 - 1823 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. Parking calculations and spaces must iDclude 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. Robert G. Ka~sner Site Plan Reviewer Thomas Fisher, Building Inspector in Charge Harvey Arnoff, Town attorney PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orfowski, Jr. Ma~ S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: Laury Dowd, Town Attorney Robert G. Kassner, Site Plan Reviewer Request for status on Metro Service Station Route 25, Cutchogue SCTM# 1000-102-5-26 Zoning District: Residential Office (RO) April 13, 1994 As requested, attached is the last communication this Board has had with the agent for the above referenced site plan. We have been in touch with Mr. Smith~ office and he plans to attend our work session next Monday night at 8:30 pm. to resolve outstanding issues. Tel: (516) 727-3947 Allen M. Smith Attorney and Counsolol clt l,a'*, 737 Roanoke Avenue, Po,*t Oil]co Bo× 1240 Riverhead. New York [laOl April 8, 1994 Mr. Robert G. Kassner Site Plan Reviewer Southold Planning Board 53095 Main Road Southold, New York 11971 Re: Metro Service Station Dear Mr. Kassner: It has been several months since we last reviewed the above referenced. There has been a change in administration and a resolution of the outstanding issues is warranted. Please contact me with a view toward setting a conference on this matter to resolve any open issues. A]4S:TWS cc: Honorable Thomas Wickham John Chase Allen M. Smith ABIGAIL A. WICKHAM DANIEL C. ROSS LYNNE I~. GORDON · JOSEPH C. SAVINO HUBERT F. SULLIVAN ,JANET GEASA ,JEFFREY STARR Town of Southold Planning Board P.O. Box 1179 53095 Main Road Southold, New York WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. SOX ~4Z4 September 22, 1993 11971 ~'40RTGAGE OFFICE 516-29~-5300 TELEFAX NO. 516'~98-2012 Attentions Mr. Riohard Ward, Chairman Site Plan &pproval for 808 Realty Corp. Dear Mr. Ward: This is to request an audience before the Board at the work session on September 27, 1993. We represent the tenant of the referenced premises and are seeking an indication from the Board that certain amendments to the landlord's proposed plan as shown on the attached sketch would be acceptable to the Board if submitted formally. As I have previously indicated to the Board, the tenant feels he would not be able to maintain his business with the parking as shown on the proposed site plan. We are advised the landlord has made a substantial investment to get the present site plan proposal to its present state which he understands will be approved by the Board. Consequently, the landlord does not wish to formally amend the present proposal without an indication from the Board that the amendment would be acceptable. Specifically, the landlord requested we obtain a letter from the Board stating the suggested amendments would be acceptable. As you can see from the annexed map, it is suggested parking be permitted in the areas indicated without delineation of parking spots. A handicap spot would be provided in what is presently designated spot number 1 or 2. If the Board so desires the landlord and tenant will consider erecting a stockade fence on the west side of the building to shield the view fromm? DCR: ic 79,mkusl~ , i I SOUTHO L-~'T~'~TN L, PLANNING BOARD PLANNINO BOARD MEMBERS Richard O. Ward, Chairman George Rltchie Latham, Jr, Bennett Orlowski, Jr, Mark S. McDonald Kenneth L. Edwards Telephone (516} 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 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. ~ lncerely, / / ' ROber~ G. Kassner Site Plan Reviewer Thomas Fisher, Building Inspector in Charge Harvey Arnoff, Town attorney Tel: (516) 727-3947 Allen M. Smith Attorney aud Counselor at Law 737 Roanoke Avenue, Post Oil]ce Box 1240 Riverhead, New York 11901 April 8, 1994 Mr. Robert G. Kassner Site Plan Reviewer Southold Planning Board 53095 Main Road Southold, New York 11971 Re: Metro Service Station Dear Mr. Kassner: It has been several months since we last reviewed the above referenced. There has been a change in administration and a resolution of the outstanding issues is warranted. Please contact me with a view toward setting a conference on this matter to resolve any open issues. AMS:TWS cc: Honorable Thomas Wickham John Chase Veers, Allen M. Smith PLANNING BOARD MEMBERS Richard O. Ward, Chairman George Ritchle Latham, ,Jr. Bennett OrlowskJ. Jr. Mark $. McDonald Kerme~h L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOqT L. HARPJS Supcn4sor Town Hall, 53095 Main Road P. O. Bex 1179 Southold. New York 11971 Fax (516} 765 - 1823 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. Parking calculations and spaces must include all us%s 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. incer~ly, / /, .t '? ~./ ~ber.t G. Kassner site Plan Reviewer Thomas Fisher, Building Inspector in Charge Harvey Arnoff, Town attorney HARVEY A. ARNOFF Town Allorncy MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: Planning Board Building Department e~ Zoning Board of Appeals Harvey A. Arnoff, Town Attorn 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. NOV I 0 1993 HARVEY A. ARNOFF Town Attorney MATrHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone {516) 765-1800 TO: FROM: DATE: RE: Harvey A. Arnoff, Town Attorney Matthew G. Kiernan, Assistant Town Attorney October 22, 1993 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 13aisley) 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 Balsley, 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. 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. I 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 6t[7 (1987). Merrick Gables Association v. Fields, 143 AD2d 117, 531 NYS2d 581 (2nd Dep't 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 Bennett Orlowski, Jr., Chairman George Ritchie Latharn. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: From: RE: Date: Harvey Arnoff, Town Attorney Richard G. Ward, Chairman~ Metro Station - 808 Realty Corp. Route 25, Cutchogue SCTM% 1000-102-5-26 June 11, 1993 Site Plan SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 This is in response to your memorandum of June 2, 1993, regarding the status of Metro's site plan application pending before this Board. At a meeting on February 4, 1993, attended by yourself, Victor Lessard, Valerie Scopaz, John Chase, Allen Smith and Robert Kassner, Mr. Smith, attorney for the owner, said he would seek a Notice of Disapproval from the Building Department and then a variance from the Zoning Board of Appeals for the service business. To date this action by Mr. Smith has not taken place. Attached for your review are recent letters and memoranda relating to this-project. The Board noticed that you mention a $ 25,000 bond was posted by Mr. Chase. The Board was under the impression that $25,000 cash had been deposited in your escrow account? Encls. cc: Curtis Horton,' Senior Building Inspector FiLE DATE: February 24, 1993 RE: Meeting- Metro Service Station Site Plan Main Road, Cutchogue SCTM~ 1000-102-5-26 ATTENDING:Alien Smith~ Victor Lessard, John Chase, Valerie Scopaz, Robert Kassner, Harvey Arnoff On this date a meeting was held at Town Hall with the above people attending to review the Metro Gas Station project. It was agreed that Mr. Smith, attorney for the owner, John Chase, would seek a Notice of Disapproval from th~ Principal Building Inspector. Robe~j. Kassner Site/~P~an Reviewer PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kcnnelh L. Edwards Telephone (516) 765-t938 MEMOI~ANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWl' L. HARRIS. Supervisor TOwn Hall, 153095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: Harvey Arnoff, Town Attorney Victor Lessard, Principal Building Inspector Valerie Scopaz, Town Planner Robert Kassner, Site Plan Reviewer ~ Metro Service Station meeting February 17, 1993 This memorandum is a confirmation of a meeting to be held with several Town personnel on Wednesday, February 24, 1993 at 8 A.M. in the conference room in Town Hall regarding Metro Service Station. cc: Allen Smith, Attorney Tel: (516) ,,.,-5 4, Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue, Post Off]ce Box 1240 Riverhead, New York 11901 Fnx (516) 727-3950 February 1, 1993 Honorable Richard G. Ward Chairman Southold Planning Board 53095 Main Road Southold,' New York 11971 Re: Site Plan application for Metro Service Station n/wc Main Road & Depot Lane, Cutchogue (RO) SCTM #100-102-5-26 Dear Mr. Ward: I have been asked by Metro's general counsel to take whatever steps are necessary to process the Site Plan and Zoning Board application attendant to this location. To that end, I request a meeting with your staff to review the deficiencies identified in Metro's submissions such that corrections and/or additions can be made to your Board's satisfaction. Ve~r.y truly y;~urs, _ Allen M. Smith AMS:TWS cc: Harvey Arnoff, Esq. Allan Ross, Esq. John Chase PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 I~IEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO17F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York I 1971 Fax(516) 765-1823 TO: FROM: RE: Harvey Arnoff, Town Attorfiey Richard G. Ward: Chairman~~/~ Outstandin'g Violation at Metro Gas Station SCTM # 1000-102-5-26 DATE: January 25, 1993 As per our conversation at the last Planning Board work · session, enclosed you will find background material on this site plan application to assist you. The P~anning Board would like to know the status of enforcement efforts and litigation on this site. We have a pending application, but are not sure how to proceed given the addition of a car repair use to the site. PLANNING BOARD MEMBERS Benheu Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenhelh L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Harvey Arnoff, Town Attorney Bennett Orlowski, Jr., Chairman May 8, 1992 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, I 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 ~apP~oved site plan be obtained in adva . cnerwlse wou~ ~_ _~ ~_ ~ -- ~ce_ To act ~ ~u v~u~=u ~y one To~n as a violation of the Court,s July stipulation. We would arg6e that the stipulation has been so violated. The bays' are in use. approved site plan for same. But there is no 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 under present zoning restrictions. In fact, however, the subject site has been in continuous use for many years asa 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 t6 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 hah 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. INSPECTORS (516) 765-1802 ' 'VICTOR L~SARD, Principal CURTIS HORTON, Senior ROBERT ~SHER, Assistant Fire Building Inspectors ~OMAS ~SHER GARY ~SH OFFICE OF BUILDING INSPECTOR TOVv'N OF SOUTHOLD SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: "Richard G. Ward, Chairman ~4' Victor LesSard, Principal Building Inspecto~-~ Metro Service Station Suff. Co. Tax Map ~1000-102-5-26 DATE: January 20, 1993 Until official notification from the Town Attorney's office as to the legal status of this project, this department will not make any comments about this project. VGL:gar PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5[6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD - SCO'UI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 DecemDer 1, 1992 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue Post Office Box 1240 Riverhead, NY 11901' RE: Site plan application for Metro Service Station N/Wc Main Rd & Depot La. .Cutchogue Zoning District: Residential Office (RO) SCTM~ 1000-102-5-26 Mr. Smith: The PLanning Board in its letter to Mr. Chase of July 1, 1992, a copy of which was sent to you on August 7, 1992, had asked for a revised site plan showing the existing use of the service bays and requisite parking. In addition, a short environmental assessment form must be submitted that addresses the new use. Applications also must be made to the Zoning Board of Appeals for the second use and to the Building Department ~for a Certificate of Occupancy for the second use. As of August 12, 1992, the Board has not heard from you regarding compliance with the above. If you have any questions, or require more information, ~lease contact this office. cc: · Very truly yours, Bennett Orlowski, Jr. Chairman Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman Zoning Board of Appeals Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO1-F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: RE: Victor Lessard, Principal Building Inspector ~ichard G. Ward, Chairman ~/~ Proposed Site Plan for Metro Service Station N/W/c Main Road and Depot Lane SCTM# 1000-102-5-26 DATE: January 15, 1993 The Planning Board would like to know the current status of .the above referenced project. Specifically, the Board would like .to know if Metro has lost the non-conforming use of the service bays. cc: Town Attorney Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-[938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 DeceraDer 1, 1992 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue Post Office Box 1240 Riverhead, NY 11901 RE: Site plan application for Metro Service Station N/Wc Main Rd & Depot La. Cutchogue Zoning District: Residential Office (RO) SCTM9 1000-102-5-26 Dear Mr. Smith: The Planning Board in its letter to Mr. Chase of July 1, 1992, a copy of which was sent to you on August 7, 1992, had asked for a revised site plan showing the existing use of the service bays and requisite parking. In addition, a short environmental assessment form must be submitted that addresses the new use. Applications also must be made to the Zoning Board of Appeals for the second use and to the Building Department for a Certificate of Occupancy for the second use. AS of August 12, 1992, the Board has not heard from you regarding compliance with the above. If you have any questions, or require more information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman Zoning Board of Appeals Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: SUBJECT: Curtis Horton, Senior Building Inspector Richard G. Ward, Chairman ~ Proposed Site Plan for Metro Service Station Route 25, Cutchogue Zoning District: Hamlet Business (HB) SCTM9 1000-102-5-26 DATE: June 10, 1993 The above referenced property is in violation of the Town Code Article XXV, Site Plan Approval. As you know, this property does not have an approved Site Plan and the ongoing repair activity requires a variance from the Zoning Board of Appeals. Please let this Board know what enforcement action you plan to' take. Encls. MEMORANDUM TO FILE DATE: February 24, 1993 RE: Meeting- Metro Service Station Site Plan Main Road, Cutchogue SCTM~ 1000-102-5-26 ATTENDING:Alien Smith~ Victor Lessard, John Chase, Valerie Scopaz, Robert Kassner, Harvey Arnoff On this date a meeting was held at Town Hall with the above people attending to review the Metro Gas Station project. It was agreed that Mr. Smith, attorney for the owner, John Chase, would seek a Notice of Disapproval from the Principal Building Inspector. Robe~. Kassner Site PLan Reviewer PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: Harvey Arnoff, Town Attorney Victor Lessard, Principal Buildin9 Inspector Valerie Scopaz, Town Planner Robert Kassner, Site Plan Reviewer & Metro Service Station meeting February 17, 1993 This memorandum is a confirmation of a meeting to be held with several Town personnel on Wednesday, February 24, 1993 at 8 A.M. in the conference room in Town Hall regarding Metro Service Station. ce: Allen Smith, Attorney Tel: (516) 727-3947 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Riverhead, New York 11901 Fax (516) 727-3950 February 1, 1993 Honorable Richard G. Ward Chairman Southold Planning Board 53095 Main Road Southold, New York 11971 Re: Site Plan application for Metro Service Station n/wc Main Road & Depot Lane, Cutchogue (RO) SCTM #100-102-5-26 Dear Mr. Ward: I have been asked by Metro's general counsel to take whatever steps are necessary to process the Site Plan and Zoning Board application attendant to this location. To that end, I request a meeting with your staff to review the deficiencies identified in Metro's submissions such that corrections and/or additions can be made to your Board's satisfaction. Allen M. Smith AMS:TWS cc: Harvey Arnoff, Esq. Allan Ross, Esq. John Chase ~ ~soumo£fi? PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark $. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 M~MOI~klqDUM TO: FROM: RE: DATE: Harvey Arnoff, Town Attorney Richard G. Ward~ Chairman~~[~ Outstanding Violation at Metro Gas Station SCTM 9 1000-102-5-26 January 25, 1993 As per our conversation at the last Planning Board work · session, enclosed you will find background material on this site plan application to assist you. The Planning Board would like to know the status of enforcement efforts and litigation on this site. We have a pending application, but are not sure how to proceed given the addition of a car repair use to the site. PLANNING BOARD MEMBERS Benhett Orlnwski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenheth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: DATE: Harvey Arnoff, Town Attorney Bennett Orlowski, Jr., Chairman May 8, 1992 RE: Metro Service Station N/w/c Main Road & Depot Lane, Cutchogue SCTM$ 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, I 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 lettcr to Allan Ross clearly states that if any uses are to be introduced to the service bays, that ~n approved site plan be obtained in advance. To act otherwise would be viewed by the Toyn 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 under present zoning restrictions. In fact, however, the subject site has been in continuous use for many years asa 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 ban 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. INSPECTORS (516) 765-1802' '~ICTOR LESSARD, Principal CURTIS HORTON, Senior VINCENT R. WIECZOREK, Ordinance ROBERT FISHER, Assistant Fire Building Inspectors THOMAS FISHER GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: Richard G. Ward, Chairman ,/, . Victor Lessard, Principal Building InspeCtof~'~ Metro Service Station · Suff. Co. Tax Map #1000-102-5-26 DATE: January 20, 1993 Until official notification from the Town Attorney's office as to the legal status of this project, this department will not make any comments about this project. VGL:gar PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman O. eorge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD · ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1822 DecemDer 1, 1992 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue Post Office Box 1240 Riverhead, NY 11901 RE: Site plan application for Metro Service Station N/Wc Main Rd & Depot La. Cutchogue Zoning District: Residential Office {RO) SCTM9 1000-102-5-26 Dear Mr. Smith: The Planning Board in its letter to Mr. Chase of July 1, 1992, a copy of which was sent to you on August 7, 1992, had asked for a revised site plan showing the existing use of the service bays and requisite parking. In addition, a short environmental assessment form must be submitted that addresses the new use. Applications also must be made t° the Zoning Board of Appeals for the second use and to the Building Department ·for a Certificate of Occupancy for the second use. As of August 12, 1992, the'Board has not heard from you regarding compliance with the above. If you have any questions, or require more information, ~lease contact this office. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman Zoning Board of Appeals Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: Victor Lessard~ Principal Building Inspector Richard G. Ward, Chairman ~/~ Proposed Site Plan for Metro Service Station N/W/c Main Road and Depot Lane SCTM# 1000-102-5-26 DATE: January 15, 1993 The Planning Board would like to know the current status of the above referenced project. Specifically, the Board would like to know if Metro has lost the non-conforming use of the service bays. cc: Town Attorney Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOI'T L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 December l, 1992 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue Post Office Box 1240 Riverhead, NY 11901 RE: Site plan application for Metro Service Station N/Wc Main Rd & Depot La. Cutchogue Zoning District: Residential Office (RO) SCTM# 1000-102-5-26 Dear Mr. Smith: The Planning Board in its letter to Mr. Chase of July 1, 1992, a copy of which was sent to you on August 7, 1992, had asked for a revised site plan showing the existing use of the service bays and requisite parking. In addition, a short environmental assessment form must be submitted that addresses the new use. Applications also must be made to the Zoning Board of Appeals for the second use and to the Building Department for a Certificate of Occupancy for the second use. As of August 12, 1992, the Board has not heard from you regarding compliance with the above. If you have any questions, or require more information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman ce: Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman Zoning Board of Appeals Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue Post Office Box 1240 Riverhead, NY 11901 August 19, 1992 RE: Site plan application for Metro Service Station N/Wc Main Rd & Depot La. Cutchogue Zoning District: Residential Office (RO) SCTM9 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: Check in the amount of fifty dollars ($75) payable to Suffolk County. 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). - 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 Tel: (516) 727-3947 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avclme, Po~t Office Box 1240 Riverl~ead, Ncw York I1901 Fax (5~6) 727-3953 August 12, 1992 Honorable Bennett Orlowski, Chairman Planning Board Town of Southold Main Road Southold, New York 11971 Jr. Re: Metro Service Station Dear Mr. Orlowski: Thank you for your letter of August 7th enclosing a copy of your letter dated July 1st. Pursuant to that letter and instructions given to me by the staff of your Department and that of the Zoning Board of Appeals, I enclose the following items for your consideration: 1) Nine prints of the site plan revised per your letter of July 1st stating the use as "Existing Gasoline Service Station." The parking cal- culations etc. remain unchanged. 2) An application for consideration of Site Plan. 3) A check for $181.00 for site plan review ~a~ predicated upon a base fee of $150.00 plus .025 per square feet of building area. 4) A short form EAF (Planning Board form). 5) An application for a Building Permit. 6) Zoning Board application. 7) Three prints of site plan and survey. 8) A check for $300.00 for the ZBA filing fee. 9) ZBA Questionnaire. 10) A short form EAF (ZBA form). ?~~ August 12, 1992 Page Two ll) Form of Notice to adjoining owners (for your reference). 12) A copy of the deed into 808 Realty Corp. 13) A copy of the ZBA's earlier decision with reference to the canopy on the site. Lastly, I enclose my client's check drawn to the County pursuant to Mr. Kunz's memorandum of December 10, 1991. When the enclosed papers are accepted for filing, please remit this check to the County Department of Planning with your referral pursuant to the County Charter. I thank you in advance for your attention to and consideration of this matter. Very truly yours, ~ith AMS:TWS Encs. cc: John Chase Allan Ross, Esq. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 John chase 808 Realty Corp. CuLchc~uc, New York July 1, 1992 RE: Metro Service Station N/W/c Main Rd & Depot L 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 projJct 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, i~ 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: 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. An application must be made to the Building Department for a Certificate of Occupancy for the second use. ~ you ha%e ny ~estions, please do not hesitate to / ~ ~is office. ~ · Sincerely, ~~ Bennett Orlowski, Jr. _ Chairman . / cc:- Victor Lessard, Principal Building Inspector / Gary J. Fi~~rvey~n~,B~i~t~ctor · TeL (516) 727-3947 Allen M. Smith Attorney and Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Riverhead, New York 11901 Fax (516) 727-3950 August 12, 1992 Honorable Bennett Orlowski, Jr. Chairman Planning Board Town of Southold Main Road Southold, New York 11971 Re: Metro Service Station Dear Mr. Orlowski: Thank you for your letter of August 7th enclosing a copy of your letter dated July 1st. Pursuant to that letter and instructions given to me by the staff of your Department and that of the Zoning Board of Appeals, I enclose the following items for your consideration: 1) Nine prints of the site plan revised per your letter of July 1st stating the use as "Existing Gasoline Service Station." The parking cal- culations etc. remain unchanged. 2) An application for consideration of Site Plan. 3) A check for $181.00 for site plan review "'~/ predicated upon a base fee of $150.00 plus .025 per square feet of building area. 4) A short form EAF (Planning Board form). 5) An application for a Building Permit. 6) Zoning Board application. 7) Three prints of site plan and survey. 8) A check for $300.00 for the ZBA filing fee. 9) ZBA Questionnaire. 10) A short form EAF (ZBA form). August 12, 1992 Page Two 11) Form of Notice to adjoining owners (for your reference). 12) A copy of the deed into 808 Realty Corp. 13) A copy of the ZBA's earlier decision with reference to the canopy on the site. Lastly, I enclose my client's check drawn to the County pursuant to Mr. Kunz's memorandum of December 10, 1991. When the enclosed papers are accepted for filing, please remit this check to the County Department of Planning with your referral pursuant to the County Charter. I thank you in advance for your attention to and consideration of this matter. Very truly yours, ~ith AMS:TWS Encs. cc: John Chase Allan Ross, Esq. .14-1~-4 (2/~7)--Text 12 '~ PROJECT I.D. NUMBER 617.21 SEQR Appendix C ~ ?"~"~'-"~':.~ ............ :--~" ........... . State Environmenta Qua ty Revewi~l~i SHORT ENVIRONMENTAL ASSESSMi ~E.N,T FORM For UNLISTED ACTIONSOnly,'iJUJ. 3 PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) · 1. APPLICANT/SPONSOR 2. PROJECT NAME J ,'-:, $0UTHOLD T0?~--'"~ [,, · ' PLANN NG I MP.i-.rc) ~a~ ,~t-~t-i~n 3. PROJECT LOCATION: Municipality Cutchogue/Southold County Suffolk 4. PRECISE LOCATION (Street address and road'intersections, prominent landmarks, etc., or provide map) Northwest corner Depot Lane and Route 25, Cutchogue, New York SCTM #1000-102-05-026 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration Exist lng 6. DESCRIBE PROJECT BRIEFLY: Interpretation of Southold Code relative to a pre-existing non-conforming use 7, AMOUNT OF LAND AFFECTED: Initially less thart 1 acres Ultimately~.~~ acres 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe briefly Pre-existing non-conforming use 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Par~Forest/Open space [] Othe; Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If yes, list agency name and permit/approval Partial 12. AS A RESULT OF PROPOSED ACT ON W LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Y.s [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE eRST OF MY KNOWLEDGE 808 Realty Corp. App~lcant/sponsor name: Date: 8 / 12 / 9 2 Signatur:BY: ~ John Chase, President ~etsh~rnCeOni~tlrmAr::}oar~tYroO~:~Inag Swt~l~ ~ll~:naCsY;eCstl~tPelne~. the OVER 1 PART II--ENVIRONMENTAL ASSESSmeNT ("1'0 be completed by Agency) A. DOES ACTION EXCEED ANY TYPE 1THR~OLD IN 6 NYCRR, PART 617.127 If yes, coordina~rne review process and use the FULL EAF. [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61;'.67 If No, a negative declaration may be superseded by another Involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quaUty or quantity, noise levels, existing traffic patterns, solid waste ~roductlon or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change In use or ~ntensity of use of land or other natural resources? Explain brlefl~ C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumutatNe, or other effects not identified in Cl-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly PART Ill--DETERMINATION.OF S!GNIF_!CANCE (To be completed by Agency) INSTRUCTIONS: For e~ch adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its ia) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; id) irreversibility; (e) geographic scope; and if) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occu~ Then proceed directly to the FULL EAF and/or prepare a positive declaration. ,r~ Check this box if you have determined, based on the information and analysis above and any supporting documentatior), that the proposed action WILL NOT result in any. significant adverse environmental impacts AND provide on attachments as necessary, the"~easons supporting this determination: Print or Type Name of Responsible Officer in Lead Agency Name of Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Sisnature of Preparer (U different from responsible officer) Oate 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be com01eted by Ap!=licent or Project sponsor) 1. APPUCANT/SPONSOR I E. PROJECT NAME M..ici=,.~ Cutcho~ue/Southold c=u.. Suffolk Northwest corner Depost Lane and Route 25, Cutchogue, New Y~rk SCTM# 1000-102-05-026 Interpretation of Southold Code relative to a pre-existing non-conforming use ~n,l.,~. less than ~ acres uTflmatety ~ acre, SEQR a. WILL PROPOSED ACT:ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Pre-existing non-conforming use 9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? [] Residential [] Industrial ~] CommerCial DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ ETATE OR LOCAIJ? 11. DOES ANY ASPECT OF THE ACT!-~NI HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Partial ,=. As A .EsuLr CF PROPOSED ACTION W,LL EX,ST,.~ PERMIT,APPROVAL REOU,RE .OG,PICA~,O.? 0 Y,, [] .o I CERTIFY THAT THE INFORMATION PROVIDEO ABOVE IE TRUE TO THE BEST OF MY KNOWLEDGE A..licam,$~o.$o, name' 808 Realty Corp. , . Signatu~Y · ~/ ' ~O,,~ ~..~Ct the action is in the Coastal Area, and you are a state agency, complete tile Coastal Assessment Form before proceeding with this assessment 8/12/92 I side) OVER · (Continued on ~everse before any action is taken, th~s ~oard S~ORT ENVIRONMENTAL ASSESSME~iT INSTRUCTIONS: (a) in order to answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- uificant and completed Environmental Assessment Form is necessary. (c) If ail questions have been answered No it ia likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land form on the site? 3. Will project alter or have a large effect on a~ existing body of water? Will project have a potentially large impact on groundwater quality? Will project significantly effect drainage flow on adjacent sites? 5. 6. 7. 8. 9. 10. 11. ~Yes_~_No Will project affect any threatened or endangered plant or animal species? ___~es ,X Will project result in a major adverse effect on air quality? . Yes X-No Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . ___Yes XNo Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircumental area by a local agency? .__.Yes Will project have a m~jor effect on existing or future recreational opportunities? ~es _~o Will project result in major traffic problems or cause a major effect to existing transportation systems? · Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes . Will project have any impact on public health Will project affect tho existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~ of the community or neighborhood? _ Yes X No Date: 8/12/92 15. project? Preparer,s Signature: BY: · ?Pr.~entinq. 808 Real~ Corp. ISA g/qs ' . 14. Yes ~X NO Yes ~ NO ~Yes X NO ___Yes X No Is there public controversy concerning the APPEALS BOARD MEMBERS -- Gerard P. Goehringer, Chairman : ~' ~ ;-.. Charles Grio~onis, Jr. '~ J ~ - Serge Doyen, Jr ~.. : .~ James Dinizio, lt. . ".~, ~ ~,' ,i- Robert A. Villa ? >" Telephone (516) 7654809 : BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOW L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box [179 Southold, New York 11971 Fax (516) 765-1.823 Telephone (516) 765-1800 Appl. No. 4037: Application of ~LETRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article FSfIV, 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 q~estion 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 i7,933 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 uhe southerly (front) property line, 57 feet from the ~ '.a 2 ~ App%. No. 40~ Matter of METRO/808 R TY CORP. Decision Rendered May !8, i992 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 i, 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 i~XIV, Sections 100-241 and !00-243 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 buiit-in~o the canopy structure, as well as limited lighuing which will aid the Page 3*- Appl. No. 4~ ~!a~ter of METRO/808R~ALTY CORP. Decision Rendered Ma~£ 18, 1992 traveling Dublic as well as the gasoline attendants during adverse weather conditions. Drainage areas will be installed to collect stormwater runoff from the canopy. 7. it has been noted that the life of this system would be 20-25 years, depending on certain conditions or unexpected weathering affects. ~t should be noted that although the canopy is in existence at this time, ~ha~ 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 o=ner than a variance; (b) the relief, as reql~ested, is the minimum necessary and is not substantial in relation to the exisuing conditions at the site and those generally exis=ing in the neighborhood; (c) the difficulties imposed are uni~uely 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 IBA application for consideration prior ~ the issuance of a building permit. Page 4 - Sppl. No. ~'7 ~atter' of METRO/808~AL~J CORP. Decision Rendered May 18, 1992 Vote of the Board: Doyen, Dinizio and Villa. lk There be no change in the present location. Ayes: Messrs. Goehringer, Grigonis, This resolution was duly adopted. ./ GERARD p. GOE,qRiNGER/.CHAiPdVLAN' ~4-~.4 (z~)--Text 12 '~-- IPROJECT i.D. NUMBER 617.21 Appendix C State Environmental Quality Revie~.~ ~ ~ ~.~1 ~ ~. , SHORT ENVIRONMENTAL ASSESS~ FOR~ PART I--PROJECT INFORMATION Go be completed by Applicant or Project sponsor) 1. APPUCANT ~PONSOR 2 PROJECT NAME ~ ::' SOUTHOLD TOW~ L ~NNING BOARD I M~tr~ ~n~ ntatinn 3. PHO~EOT LOOATION: Municipality Cutchogue/Southold County Suffolk 4. PRECISE LOCATION (Street address and road'intersections, prominent landmarks, etc., or provide map) Northwest corner Depot Lane and Route 25, Cutchogue, New York SCTM #1000-102-05-026 5. IS PROPOSED ACTION: r-]New r--]Expansion [-] Mod/fication/aUeration Existing 6. DESCRIBE PROJECT BRIEFLY: Interpretation of Southold Code relative to a pre-existing non-conforming use 7. AMOUNT OF LAND AFFECTED: Initially ]-ess than 1 acres Ultimately~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly Pre-existing non-conforming use g. WHAT IS PRESENT LAND USE IN V~ClNITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If yes, list agency name and permit/approval Partial 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Y., [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE 808 Realty Corp. Applicant/sponsor name: Date: 8 / 12 / 9 2 Sgnaluro..~y: ,/~'~,.. ~ John Chase, President If the action is ',n the Coastal Area, and you are a st.ate agency, complete the Coastal Assessment Form before proceeding w,th this assessment OVER 1 ,HRONMENTAL ASSESS~IT (To be com'~'leted by Agency) I~ .cTION EXCEED ANY TYPE I THRES~'-OLD IN 6 NYCRR, PART 617.127 If yes, coordinate~l~e review process and use the FULL EAF. ~/ILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another Involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Aflswers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quaUty or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wlldUfe species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goats as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly C§. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly. C7. Other ~mpacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For ~ch adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occuc Then proceed directly to the FULL EAF and/or prepare a positive declaration. ~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the'~easons supporting this determination: Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Name of Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) Southold, N.Y. 11971 (516) 765-1938 ,D APPLICATION FOR CONSIDERATION OF SITE PLAN Date of Application Filing Fee Date Rec'd New Use Change of Use Re-Use Extension of Existing Use Revision of an Approved Site Plan (Date of Approval Other X Specify Interpretation Name of Business or Site Metro Gas Station Location of Site n/w corner Route 25 and Depot Lane, Cutchoque Address of Site, if available Name of Applicant 808 Realty Corp. Address of Applicant 112 Montauk Highway, Westham~ton Beach~ NY Telephone 288-0280 Person to be responsible for Construction John Chase Telephone 288-0280 Applicant's interest in site-check one: Owner of Land X Under contract to purchase Owner of-Fee Title to Land 808 Realty Corp. Address same Telephone Site Plans Prepared by Permit Research License No. Address 1108 Route 110. Farminqdale. New York Telephone 694-9696 11735 ********************* Total Land Area of Site 16,200+ Sq. Ft. Zone District HB Existing Use of SiteGas°±kneServ~ce stat~°Proposed Use of Site same Gross Floor Area of Existing Structure(s) 1227 .sqft. sqft. Gross Floor Area of Proposed Structure(s) 1227 sqft. sqft. Percent of Lot Coverage by Building(s) 07 % Percent of Lot ~or Parking (where applicable) 7 spaces % Percent of Lot for Landscaping(where applicable) 5+ % Datum(Specify)U.S.G.S. Other Has applicant been granted a variance and/or special exception by Board of Appeals Yes (on canopy) Case Number 4037 Name of Applicant 808 Realty Corp. Date of Decision b/1~/92 Expiration Date ~NA Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? Yes If so, have proper permits been obtained? Yes Number and Date of permit issued NO ACTION (EXCAVATION OR CONSTRUCTION) MAY BE UNDERTAKEN UNTIL APPROVAL OF SITE PLAN BY THE PLANNING BOARD. APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK John Chase being duly sworn, deposes and says that he resides at in the State of New York, and that he is the owner of the above property, or that he is the President of the 808 Realty Corp. (Title) (Specify whether Partnership which is hereby making application; that the or Corporation) owner or his heirs, successors or assigns will, at his own expense, install the required site improvements in accQrdance with Article XIII of the Code of the Town of Southold for the area stated herein and that there are no existing structures or improvements on the land which are not shown on the Site Plan; that title to the entire parcel, including all rights-of-way, have been clearly established and are shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. 808 Realty Corp. Signed ~--- ~ by: ~t~hn Chase Sworn to before me this _da~of _ Augus.~t 19 92 ~~YJ. ON (Owner) ? Signed (~Partner or Corporate Officer and Title N.Y.S. Transfer Tax $1,600.00 TAX BIAP DESIGNATION D,,,. 1000 .%c. 102 · 00 05.00 Lot ~X): 026.000 Tll~INDENI~R~ madethe 5th d~ of January ,ninetecnhundredand ninety BETN~.EN KULL'S SERVICE STATION, INC., a domestic corporation with office and principal place of business at (no ~) Main Road & Depot Lane, P. O. Box 712, Cutchogue, New York Partyofthefirstpart. and 808 REALTY CORP., its principal place of business at 1006, Westhampton Beach, New York a domestic corporation having 112 Montauk Highway, P. O. Box party of the second part, WITNF.,~ETFI, that the party of the first Part. in consideration of Ten Dollars and other v~luablc consideratl.on paid by the party of the second part. does hereby grnnt and release unto the party o{ the second part, the heirs or snccessors and assigns of the party of the second Part forever, ALL that certain plot, piece or parcel of land, with the bui!dlngs and improvements thereon erected, sltu~te. lyinl~.nd belnl[ in the Village of Cutchogue, :tn the Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: "BEGINNING at the corner formed by the intersection of the southwesterly side of Depot Lane and the northwesterly side of Main Road (N.Y. State Highway, Route 25); running thence from said point or place of beginning along the northwesterly side of said Main Road, South 30° 20' 40" West a distance of 161.90 feet to a point on the northeasterly side of lands now or formerly of Colgate Design Corp.; running thence along the northeasterly side of lands now or formerly of Colgate Design Corp., North 48° 45' 10" West a distance of 124.85 feet to the southeasterly side of land now or formerly of David H. and Amy L. Albrecht; runninq thence along said last mentioned land North 39° 42' 10" East a distance of 173.74 feet to the southwesterly side of Depot Lane; and running thence along the southwesterly side 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 of the first part by deed dated April 27, 1982 and recorded in the Suffolk County Clerk's Office on April 29, 1982 in Liber 9175 Page 182. Premises are not subject to a Credit Line Mortgage. TOGETIII{R with all right, title and interest, il any. of the party of, the first part in and to any streets nnd r,m,ls ab.tting the al,ave described premises to thc center lines thereof; TOGETIIER with the appurtenances and all tl,e estate and rights of, the party of, the first part i. and to said premises; TO llAVE AND TO llOIJ) the premises herein granted unto the party of the second part, the heirs or successors ~nd assigns of the party of thc second part forever. AND the party of the first part covenants ttmt the party of the first part Ires not done or suffered anythi.ff whereby the said premises have been encnmbered in any way whatever, except as aforesaid. AND the I~nrty o! the first part. in compliance with Section 13 of the Lien Law. covenants that the Party o~ the first part will receive the considerntion for this conveyance and will hold the right to receive such consid- eratlon as ~ trnst fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the i.nprovement bet,ore rising any part of the total of thc same l,or any other purpose. The word "party" shall he constrned as il' it read "parties" whenever the sense of, this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed thls 4ced the day and year first shove written. IN ~SgNC~ oF: KULL'S SERVICE STATION, INC. }<oDert ull, President f NEW YORK, COUNTY OE the day of ~ersonally ca~e 19 , before me to me known to be the individual described in and who executed the foregoi.g instrument, and acknowledged that executed the same. STATE OK NEW YORK, COUNTY OF SUFFOLK ss.. On the 5th day of January 19 90, before me personally came Robert J. Kull to me known, who. being by me du~v sworn, did depo.se and say that he resides at~i~ (no ...) Dicks Pomnt Road, Cutchogue, New York ; that be is the President of KULL'S SERVICE STATION, INC. , the corporation described in and which executed the foregoi.g instrument; that he knows the seal of said corporation; that the seal affixed to said instrnment is such corporate seal; that it ,vas so affixed by order of the board of directors of said corpora- tion. and that he signed Id.s uame thereto by like order. KULL'S SERVICE STATION, INC. TO 808 REALTY CORP. STATE OK NEW YOR~OUNTY OF On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the sobscrlbing witness to the foregoing instrument, with whom I am personally acquainted, who: being by me duly sworn, did depose and say that he remdes at No. ; that he knows to be the individual described in and who executed the foregoing instrument; tbat he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same thne subscribed h name as witness thereto. Recorded At ReQuest o~ ~ Title Guarantee Company RETURN BY MAIL TO: TICOR TITLE GUARANTEE Allen M. Smith, Esq. 737 Roanoke Avenue P. O. Box 1240 Riverhead, New York 11901 Zip No. PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Allen Smith 737 Roanoke Avenue P.O.Box 1240 Riverhead, New York 11901 August 7, 1992 RE: Metro Service Station N/W/c Main Rd & Depot La. Cutchogue, New York SCTM # 1000-102-5-26 Dear Mr. Smith: Last month your client, Mr. Chase, was notified that the Planning Board could not proceed with his application for site plan approval until he resolved some outstanding issues. Yesterday he called this office to tell us that you will be handling the matter. For your convenience, a copy of the letter that was sent to Mr. Chase is enclosed. I hope to hear from you soon. If you have any questions, please do not hesitate to contact this office. Sincerely, Bennett Orlowski, Jr. Chairman Enc. cc: Harvey Arnoff, Town Attorney PLANNING BOARD MEMBERS Bennett Ortowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 July 1, 1992 John Chase 808 Realty Corp. C~L~ho~uc,-New York RE: Metro Service Station ~/- ' N/W/c Main Rd & Depot L 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: 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. e 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. Chairman CC: Victor Lessard, Principal Building Inspector Gary J. Fish, Building Inspector HArvey Arnoff, Town Attorney PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOff L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: From: RE: Gary J. Fish, Building Inspector Bennett Orlowski, Jr. Chairman, Planning Board 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, which you raise certain concerns regarding our request for certification of the above referenced site plan. in 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. RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Mr. Bennett Orlowski, Jr. Chairman - Planning Board 53095 Main Road, Town Hall Southold, New York 11971 Re: Metro Gas Station - Main Road Cutchogue SCTM # 1000 - 102 -'05 - 26 Drainage Review JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 January 29, 1992 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 voiume capacity of the existing Drainage System. Three (3) of the Drywells are noted as being twelve (12) feet in diameter. One (i) 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 ' concernzng this matte~ ~ .... please call my office. cc: Raymond L. Jacobs/ /Jam // es A. Richter, R.A. file INSPECTORS Victor Lessard Principa[ 13ui~ding Inspecto~ Curti~ Horton S~i~ ~i~ing I~ ~omas F~her ~i~ing I~pe~ ~ry Fish ~i~ing Vincent R. Wiec~rek OMi~e I~pect~ Robert Fisher Ass~nt Fite Telephone (516) 765-1802 TO: OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Benny Orlowski, Chairman Planning Board SCOri' L HARRIS, Supe~viso~ Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: Gary J. Fish, Building Inspector Metro Station - 808 Realty Corp. Certification Suff. Co. Tax Map #1000-102-5-26 - Site Plan 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. 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 sto~mwater runoff from the canopy." 3. There is a new ID 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, Building Inspector GJF:gar cc to: Matthew Kiernan, Ass't Town Atty APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. NO. 4037: Application of METRO/808 REALTY CORP. tO r_zle /_,,otLl~Lu3 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 Pa~e 2 - Appl. No. 40 Matter of METRO/808 R CORP. Decision Rendered May 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: ...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. 403~ Matter of METRO/808 REALTY CORP. Decision Rendered May 18, 1992 traveling public as well as the gasoline attendants during adverse weather conditions. Drainage areas will be installed to collect stormwater runoff from the canopy. 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 neighborhaod; (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. 4 - Appl. No. 403~ 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. GOEHR~NGER//CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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, ~inda Kowalski Enclosure Copies of Decision to: Allen M. Smith, Esq. Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 76. - 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MEMORANDUM TO: Victor Lessard, Principal Building Inspector FROM: RE: Bennett Orlowski, Jr., Chairman Metro Service Station 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. PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman~O~ Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000~102-5-26 DATE: March 4, 1992 The attached site plan, which was received on March 2nd, generally meets with the Planning Board's approval. This revised plan was used as the basis for the negative declaration that was issued on February 24, 1992, a copy of which was sent to you last week. If this site receives the necessary approvals from your Board, this Board will place one condition on its approval, that the landscaping on the plan shall be changed as follows: o The street trees along Depot Lane shall be Sugar Maples. 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. If your Board has any questions about this site plan, please do not hesitate to contact me. For your information, three copies of this plan have been sent to the Building Department for certification. cc: Victor Lessard, Principal Building Inspector Frank Nealon, Permit Research & Acquisition 1111 Route 110, East Farmingdale, NY 11735 TO (516) 694-9696 · Fax: (516) 694-9735 WE ARE SENDING YOU [] Attached [] Under separate cover via .the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of tetter [] Change order [] REMARKS COPY TO PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Frank Nealon Permit Research & 1108 Route 110 Farmingdale, New York PLANNING BOARD OFFICE TOWN OF $OUTHOLD December 10, Environmental Consultants, 11735 Re: SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax I516) 765-1823 PLANNING BOARD Metro ~tion N/W/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 meeting held on December 9, 1991. BE IT RESOLVED That the Southold Town Planning Board, acting pursuant to the State Environmental Quality Review Act, start the coordination process on this unlisted action. The environmental review is proceeding with the understanding that the changes requested in the November 14, 1991 letter, will be made to the site plan along with any environmental mitigation measures that may be deemed necessary. At the meeting last night, the Board agreed to accept the substitution of two street trees of 4 1/2" to 5" calipher for the three street trees on Depot Lane. The cost estimate of the environmental review will be sent to you under separate cover. If you have any questions, please contact this office. Sincerely, Bennett Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Harvey Arnoff, Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Bennett Orlowski, Jr., Planning Board ChaiI Attn: Valerie Scopaz Board of Appeals ~ February 26, 1992 Pending Site Plan Application - Metro ServA 1000-102-5-26 SCOq'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD ~T_&tion As you know, the ZBA on July 12, 1991 requested coordinated comments from the Plnning Board concerning the above-referenced site elements as it relates to the site plan application before the Planning Board and the setback variance application before the ZBA, and on September 9, 1991, we were advised that the Planning Board is awaiting revised site plan maps before sending comments to us. Our file indicates that the last update was received from the Planning Board on December 10, 1991, when the SEQRA process was started by the Planning Board and a copy of the traffic report prepared by Dunn Engineering dated July 19, 1991 was reviewed. Mr. Nealon, agent for Metro, contacted our office today and indicated that as of January 9, 1992, the site plan maps were revised and submitted to the Planning Board. Since we have not been furnished a copy of the revised site plan as yet, Mr. Nealon courteously agreed to send us prints for our review and update -- and we agreed to try and reactivite our coordination request. If you are proceeding with the January 9, 1992 site plan maps as revised, without major changes, then it is appropriate for our department to proceed with a public hearing on the variance request (once our file is deemed complete). If you are not in a position to proceed with the January 9, 1992 maps, please let us know in order to update our file. Thank you for your assistance in this regard. , . - GG: lk / ..... · -/.- . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOWF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 February 25, 1992 Frank Nealon Permit Research & Environmental Consultants, Inc. 1108 Route 110 Farmingdale, New ~ork 11735 Re: Metro Service Station N/W/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 a~d grants a Negative Dec~~or the amended site plan of Metro Gas Station, last -- ........ ~_~.~ signed by Kevin H. Bryant, Licensed Engineer.~~~' A copy of the Negative Declaration is enclosed for your records. Sincerely, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWl' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 State Env~.ronmental 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 SCTMg: 1000-102-5-26 Location: Northwest corner of Main Road (SR 25) and Depot Lane, Cutchogue, New York SEQR Status: T!rpe 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. 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: .~Address: Valerie Scopaz 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 ENVIRONMENT~G CONSULTANTS February 3, 1992 Mr. Bennett Orlowski, Jr. Chairman Southold Planning Board Town Hail, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re' Review of EAF for Metro Gas Station NYS Route 25, Cutchogue !¢..- I~LANNiNG BOARD ][ Dear Benny: We are in receipt of your authorization to complete the review of the above referenced project. At this time we have field inspected the site, reviewed the Short EAF and site plan, and extensively reviewed the letter from Duma Engineering concerning the site. Review of the traffic engineering report prepared by Duma Engineering Associates included particular focus on the applicant's request to maintain two curb cuts along its frontage on Main Road (NYS Route 25). The site plan calls for installation of a canopy over existing pump islands with installation of a fire suppression system. In addition, an access onto Depot Lane will be channelized for more defined ingress and egress from this access point. We have been informed of the Planning Board recommendation for a 4 foot wide hedge, which has also been considered in the context of traffic flow. The following provides a summary of our findings, with emphasis on site and road vehicle circulation and traffic safety. The existing access to the site consists of two curb cuts on Main Road which serves as the principal access, and an uncontrolled access without a formal curb cut aiong its entire frontage on the side street, Depot Lane, the secon.d, ary access.. As the report notes, the sight distance at all access points is excellent, far exceeding the nnmmum stopping sight distances recommended by the American Association of State Highway and Transportation Officials (A Policy on Geometric Design of Highways and Streets, AASHTO, 1990). An examination of the accident history at the intersection of Main Road and Depot Lane revealed a iow incidence of traffic accidents. The accident frequency for the threeyear period from 1987 to 1989 averaged less than two reportable accidents per year. Although the accident rate was not expressed in ~e customary terms of the number of accidentsper million vehicle-miles of travel, two accidents per year is well below the number of accidents that would warrant the intersection "High Accident Location" status on the New York State Department of Transportation highway system. Observations of the site as presently confilgured reveaied no operationai problems and internal circulation and external circulation tunctioned well. The addition of a canopy over the. pump dispenser island is not expected to adversely affect operations or internal circulation. In fact, a canopy would serve to provide a better focus to the site in addition to the usuai benefits a canopy provides to patrons using the gas pumps. 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Page 1 Melro Gas Station Short EAF Review In addition to the canopy, the applicant proposes to maintain the two curb cuts along Main Road and to create a formal curb cut on Depot Lane, 50 feet north of.the intersection with Main Road. Clearly, the curb cut on Depot Lane wo .uld bene.fit operations by more orderly controlling the flow of traffic ingressing and egressmg the site from Depot Lane. It would also reduce the number of conflict points with pedestrian and motor vehicle traffic along Depot Lane. This is especially significant with an elementary school in close proximity, generating a number of student walkers and school buses on Depot Lane. The question regarding the number of curb cuts on Main Road is one that requires assessment of the specific site conditions and operations of the site. Consideration should be given to the geometrics, observation of current operations since it is an existing site, adjacent and nearby land uses, site layout and traffic circulation. The site is functioning well now. The excellent sight distances are a contributing factor and the low accident frequency is a confirmation .of good operation. The relatively cio.se proximity of the pump island to Main Road lends itself to a "flow-through" operation which requires two curb cuts. The addition of a 4 foot hedge area between the service area and the Main Road sidewalk reinforces that circulation pattern; however, a narrower raised box landscape amenity might provide a wider aisle for navigating in the vicinity of the pump island. Some means of differentiating between the sidewalk andthe gas fill aisle will improve pedestrian safety at the site. ThE closeness to Main Road. also r.educes the queuing area for regress and egress, creating conflicts that would degrade c~rculataon. Such conflicts could spill out onto Main Road creating delays and hazardous conditions. The reduction to one curb cut on Main Road would result in a number of vehicles diverted to the secondary access on the side street. Again, this could be viewed as an adversity due to the nearby school: Diverted traffic, to Depot Lane would increase the number of conflicts and hence accident potential w~th student pedestrians and school buses as well as add to the overall delay of traffic trying to gain access to Main Road from Depot l..Ime. In summary, the application appears to be sound with respect to traffic operations. The proposed site plan modification improves the operation at an existing facility, and therefore does not pose a negative impact. Improvements to the site will enhance operations and improve safety. It is recommended that the two curb cuts on Main Road be maintained in this narticular case due to the site specific conditions of existing site layout and operations, i.e., internal and external circulation, and the close proximity of the school and the pedestrian and school bus activity generated. Based upon these additional findings, we feel that the site plan amendment will not pose a significant adverse environmental effect to the community. The following facts are provided in support of a Negative Declaration on the proposed project: 3) 4) There are no significant environmental resources on the site. The site plan calls for channelization of the Depot Lane site access. This will improve the existing uncontrolled access along Depot Lane. The use will not cause an increased intensity of land use - the site is presently an existing gasoline filling station. The Planning Board recommendation for a hedge (or some additional landscaping to differentiate the sidewalk from the gas filling aisle will improve Page 2 Metro Gas Station Short FAF Review 5) aesthetics and pedestrian safety. The maintenance of two curb cuts on Main Road will allow for better circulation within the site and will lessen the burden of ingress/egress from Depot Lane, in an area of school pedestrian use. Since a Short EAF has be.en complet, ed for this~p.roject, it is recommended that this form be utilized as a Determinauon of SJgmficance. This form has been designed to meet the H.O.M.E.S. Case Law test for minimum "hard look" environmental review of an action. This letter should be made available to Board members and should be included in the deliberation of the Determination of Significance. Based up.on this review, if the Board is in agreement, it is recommended that the B_.o~d adopt a Negatwe Declaraaon by resolution, with reference to the Determination of S~gnificance section of the Short EAF and this letter. Thank you for the opportunity to provide input on this project. Please do not hesitate to call if you have any questions. ENVIRONMENT~G CONSULTANTS Page 3 Stile Envl~onmenlnl Oullll¥ Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Infomlltlon (To be completed by Applicant or Project lponso~,) i. ~'is.oNsO~' ~rm~t 'Research & A,.cquisition Co. Metro Service Station 3. ~ROJEC'I' LOCATIOI~I: ' Uu.l¢loamy southold : C,0, u.,y S, uf,~olk Main Road & Depot Lane Cutchogue, N.Y. 11935 s. ~cms~ P~6J~CT ~m~uY: Upgrade: Ne~ 25' X 40' canopy over existing (modified) service islands. Includes fire suppression system (new)~ ~ No If NO. de~c~ be 10. ODES ACTION INVOLVE A ~ERMtT APPROVAL. OR FUN~ING~N~W OR ULTtMATELY ~ROM ANY OTHER GOVERNMENTAL AGENCY STATE OR LOCAL)? ~ Yes ~ No l~ yes, li~l agencyl~) anO petmi~apptovals DOES ANY ASPECT OF ~H~= ACT!ON ~AVE A CURRENTLY VALID PEFtMIT OR APPROVAL? -- [~] Yes [~ NO lJ ¥%u, list ageacy name I[nCl ~efmillap~teYal '12. AS A R~SULT OF PROPOSED XCTION ~]'~b EXi~T(NG PE. RMITIAPPROVAL 'Iit'EOUIRE MOOtFICATION'i ~ vD, 0 .o ':"' A,0,c.~~. F~ Nealon/ Permit Research & Acquisi%ig~[: 7/15/91 the action is in the Coastal Area, and you are a state Coastal Assessmcnt Form bcfore procbeding with OVER 1 '~' ' 'P.~RT II Envltonmenl~l Assessmen! (To be complet,,d by PART III Oelelmlnlllon o! $1gnlflelne! (1'o be completed by ARenc¥) INSTRUCTIONS: For each a~',erse effect identified above, determine whether it is s~bstantial, larJ~e, important or otherwise slenificant. E~lch effect should be assessed in connection with its fa) settinK (ie. urban or rural]; [b) probability of occurrinK; Ici duration; Id} irreversibility; (e) Ileo~raphlc scope; and (Il magnitude. If necessary, add attachments or reference supportine materials. Ensure that e,~planat oas contain sufficient detail to show that all relevant adverse impacts have been Identified and adequatel? .~ddtessed. [~ Check thl~ box if you bare Identified one or more potentially larRe or sianificant adverse impacts which MAY occur. 1'hen ,~proceed direCtly-to the-FULL/LONG FORM EAF and/or prepare a positive declaration. Check this box if you have determined, based on the Information and analysis above and any supportlnff documentation. that the proposed action WII. L NOT result in any significant adverse environmental Impacts AND provide here. and on attachments as necessary, the reasons supportnl~ thll determination: PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 4, 1992 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Inc. RE: Metro Service Station SCTM$1000-102-5-26 Dear Mr. Nealon: The following took place at the meeting of the Southold Town Planning Board on Monday, February 3, 1992. BE IT RESOLVED that the Planning Board has decided to postpone its State Environmental Quality Review Act decision until receipt of a report from its environmental consultants. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 Mr. Bennett Orlowski, Jr. Chairman - Planning Board 53095 Main Road, Town Hall Southold, New York 11971 Re: Metro Gas Station - Main Road Cutchogue SCTM # 1000 - 102 - 05 - 26 Drainage Review January 29, 1992 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. concerning this matte] If you have any questions please call my office. cc: Raymond L. Jacobs~//°ames a'~R~htez~r' R~'A' file MEMORANDUM TO: James Richter. Engineering Inspector FROM: Bennett Orlowski, Jr., Chairman RE: Metro Gas Station N/W/c Main Road & Depot Lane, Cutchogue SCTM # 102-5-26 DATE: January 23, 1992 Your review of the drainage calculations on the enclosed site plan in time for the February 3, 1992 meeting of the Planning Board would be appreciated. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 January 23, 1992 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Inc. 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 that the revised plans that were submitted on January 16, 1992 are being reviewed. The revisions shown on the site plan appear to be generally acceptable with the exception of a few landscaping details which can be corrected later. The revised plans have been sent to our Engineering Inspector for drainage review. You will be notified of his findings shortly. The environmental determination is scheduled for the next Planning Board meeting on February 3, 1992. If there are any questions, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 January 22, 1992 Cramer, Voorhis & Associates, Inc. Environmental and Planning Consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EAF Metro Service Station SCTM9 1000-102-5-26 Dear Messrs. Cramer and Voorhis: The Southold Town Planning Board referred the Environmental Assessment Form for the above mentioned subdivision to your office for review under separate cover. The Planning Board received the $450.00 review fee from the applicant on January 16, 1992, this is to confirm that you may proceed with your review. The purchase order will be sent under separate cover. If there are any questions, please contact Planning Staff. Very truly yours, Bennett Orlowski, Jr. Chairman PERMIT RESEARCH & ENVIRONMENTAL CONSULTANTS, INC. Route 110, East Farmingdale, NY 11735 (516) 694-9696 · Fax: (516) 694-9735 WE ARE SENDING YOU [] Attached [] Under separate cover via .the following items: [] Shop drawinss [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] ~ As requested ~ Returned for Correctio~ [] For review and c~omment ~ [3 FORBIDS DUE ~ I9 REMARKS !I ~1 NI.I) TO~ G BOARD COPY TO_ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTY L. HARRIS Supervisor Town Hall 53095 Main Road P.O. Box 1179 Southoid. New York ! 1971 Fax (516) 765-1823 January 3, 1992 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 9 1000-102-5-26 Dear Mr. Nealon: This is to notify you that the environmental review fee for your site plan application will be $450.00. Upon receipt of a check made out to the Town of Southold, our environmental consultant will be authorized to proceed with the review. If there are any questions, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman CRAM~R £NVIR~E ¢//A' SOC ^TES Mr. Bennett Orlon'ski, Jr. Town of Southold Planning Board Town Hall, -53095 Main Road P.O. Box 1179 $outhold, New York 11971 December 26, 1991 Re: Metro Gasoline, Cutchogue NYNEX Mob.,.~e Commumcatmns, Cm. '~gue Dear Benny: As per 3'our req,est, this le4er ~s to provi i,.~ yau ~;'i~ ~n .~.~mated Le environments! review of I~e above pro~ects. V, · h~,;, re~ .e~ed the i~fo, ~:.~or~ pr.vv~ded and suggest .'.he folIou ins services and £ees: Metro OasolMe - Thb project will requi~ ? rfvh:w related and review of the Short E~', CVA ~r( ¢oses to/nspec~ ;he she, proGde a letter of review regarding ~ ' . ' e -~ ~ ',. .... tr,:nsnor~atlO~ r.l, t~d ,sn.~ i h recommendations, review and amend as necess tly the Short EAF. and prepare a draft Determination of Significance. The fee for the e se~ices NYNEX Mobile Communications - CV. proposes to insF.¢ct 0'-, ~' ~ ' ,, .... ~l.~. rev:ew file regarding ZBA decision, provide a letter of rev ~' '~" '~" * n.,ron,ne,,a~ status and recommendations, review and amend as necess 9' the Short E~, and prepare a draft Determination of Significance. The fee for dv:~ e sep4ces is :$350.00. Thank you for the · ' . , , . . opportunity to provM you with th;s ronoqa: p ,- . · Please ad'¢~se you wish us to proceed with these projects, and ion tnes ta,e to call '~ u ;,uu have any questions SOre, PLANNING $4-2 NORTH COUNTRY ROAD, M~L..E;, LA,.E, ,.y 117~4 (516) 331-14.~5~_ , _._~_~ ~_--~ pLANNING BOARD 25 DECEMBEO, 1991 Mr. Lark: O.K., so is this going to be in abeyance until the ZBA makes a determination? Mr. McDonald: Well, there is no point in designing a subdivision without knowing how many lots are going to be there. Mr. Lark: Alright, that is fair enough so we will be back to you as soon as the ZBA renders a decision. Mr. Orlowski: O.K., Would someone here from Metro like to make a few comments: Mr. Frank Nealon: Mr. Chairman, Members of the Board, I am with Permit Research Environmental consultants. When Valerie telephoned my office this morning and mentioned the fact that they were going to have a hearing tonight, not as much as a public hearing but a presentation or that the application was going before a SEQRA review. I asked if I may come out and share some of our concerns with the Board regarding two particular items. One is the buffer zone in front of the pump islands and nun~ber two, the street trees along Depot Road. If I can address the street trees first, I believe the Planning Board suggested that three street trees be planted on the Depot Road side. One in the rear buffer zone, not the buffer zone but the landscaped area and two, along Depot Road in forward landscaped area. Mr. McDonald: Are we carrying the plan on this? Do we have it out. Mr. Frank Nealon: That was an original proposal by the Planning Department for those trees. We have no problem with this tree located here, the rear tree. We believe that the front tree, in time, would cause a sight problem on buses coming down from the school along with traffic traveling east and west on Main Street. If we could affix this one tree, almost equal distance of the tree that is across the street on the other property line, I believe it is about fifty feet back and they ~would balance off and give visibility to the intersection. If the Board would consider that instead of having two trees in that area. I believe in time they will grow together and cause a sight problem. They were looking for some pretty large size trees there. Mr. Ward: What size tree would you be willing to put in? Mr. Nealon: What ever the town would prefer we would implement there, three feet or four, three inch, four inch, five inch tree so in time it would grow to a dimension that would not obscure and block visibility. PLANNING BOARD 26 DECEMBEr, 1991 Mr. Ward: I don't see a problem with that. Maybe instead of a three and a half, use one that is four and a half. Mr. Nealon: Eliminate the forward one and possibly plant it equal to the tree across the street. Mr. McDonald: Locate it on the site plan. Mr. Nealon: Will do. Number two, I believe it was the request of the Board initially to put a four foot wide minimum hedge in front of the pump islands, between the side walk and the pump islands. There are monitoring wells that are located on the plan in front in between, well, right off the side walk and they can't be any more than two and one half to three feet. Three feet would be a maximum. To place a hedge in that area four feet wide would cause damage to the wells if any digging took place in that area .... any type because the concrete is in place now and if we had to take a back hoe in there we would certainly damage those sidewells. I had talked to Mark McDonald about it and he said the Planning Board, their main concern was to put some sort of a buffer zone in there. To implement anything above the ground as Mark had mentioned putting railroad ties in in front of the sidewalk and filling in with soil to put some sort of a plant area. To put in azaleas, lets say, a small growing planter on top of the sidewalk in a dirt filled area, pretty soon the roots for those azaleas are going to hit the concrete and when they hit the concrete, they are going to mix in with the line and they are going to die. There isn't very much planting that we can put in there that is going to sustain growth. I had mentioned this to the Metro representatives and we had mentioned the fact that the Planning Board or the Town was looking for additional landscaping in the area. As far as hedges are concerned, we could put hedges between the sidewalk and the street and possibly do some beautification in there, and additional landscaping .... but we don't see how in the world any particular landscaped area could be instituted or placed between the sidewalk and the pump islands. I spoke to our engineer earlier today concerning those barriers that you may see in parking lots where cars pull up to but we would have to bolt those into the ground and considering we are in the northeast and snowfall may come in the winter time, there are only about.eight, seven to eight inches high that a plow may come along in the winter time and totally knock. them out of placement in the winter time. If it is too low, snow can cover it, if it is too high it may be unsightly. So here again, I think we are submitting or proposing an option if the Town would want landscaping to make it between the sidewalk and the street. We think it is the only viable area where it can be done. Mr. McDonald: It misses the point of what we are trying to do here. It is not simply a matter of beautification, we need this PLANNING BOARD 27 DECEMBEr, 1991 protection and we are trying to make this protection look good too. Mr. Ward: I believe you could go two or three foot wide with your planter area and be successful and make a hedge out of it. Mr. Orlowski: How about just the planter buffers? I think what we are looking for is a little buffer from where the bus stop is and the people sitting and walking on the sidewalk if someone comes in. Mr. Nealon: Can you tell me where the concern is? Mr. McDonald: There is nothing between the people driving into your gas station and the sidewalk, literally. There is no delineation. Mr. Nealon: Must there be something there though? Mr. McDonald: Yes, because we don't want the cars driving on the sidewalk, people walk on the sidewalk right? We want to delineate the difference between the sidewalk and this area so it is not like an airport with people zooming across. Mr. Nealon: Alright, let me describe something to you. If we have traffic, automobiles that are traveling west to east and if you are talking about speed coming across the road and the fear of pedestrians being hit, if I am traveling west on Main Street and I have a 1990 or 1989 car and my gas tank is on the passenger side, I am going to come to a stop in front of the service station, in front of the entrance because I have to move all the way around to the inward pump because my gas tank is going to be on the passenger side so I have to facilitate the inner side of the pump island. If I am coming down Depot Road and I live in the neighborhood and I am in tune and I know there is a school there, and that there are children walking along there, I am not going to be doing 50 and 40 and 35 miles per hour, I am going to be taking my time coming into the site traversing the site and going over to the pumps. I think that eliminates two areas where you may have the bulk of the traffic that you will be concerned with using the pump island. The only island or the only ingress into the site where you would have a problem would be people who would be traveling east to west. Now if you are traveling east to west, the chances are you live in the neighborhood, you are not going out to the island on some sort of an excursion. You live in the neighborhood and you are coming into the gas station and you are aware of the conditions and of the speed limit and of the school there. I don't know of any traffic accident that involved pedestrian traffic at the site where your concerns would have a major impact on the need for the buffer zone. Mr. McDonald: I have to admit that you just dumped me totally. What you said that a driver who is in complete control knows the PLANNING BOARD 28 DECEMBEr, 1991 conditions and does nothing foolish will not hurt anyone. I agree with that but I am not interested in that driver because I know he is not going to do'anything. I'm interested in the driver that doesn't know the conditions in the area, is not interested in driving safely and may do something stupid. Mr. Nealon: But do we have instances that back that up Mark?Have there been pedestrian accidents do to the traffic entering and leaving the site? Mr. McDonald: None that I know of but it is a very simple safety measure and it amazes me that Metro would be so resistant to try and protect pedestrian traffic safety. When you are walking there there is literally no difference between the parking lot and the sidewalk. Mr. Nealon: Mark, I don't say this tongue and cheek. I am retired from the New York City Police Department so I know what cars can do to pedestrians and I just don't see it there. Mr. McDonald: Unfortunately, what we feel is going to prevail. We are going to ask for some kind of buffer here and we are hoping that you are going to work with us to do something that makes sense. Now, you have concerns and I don't want to say that they are not concerns, they are obviously real but something clearly can be done here. Mr. Nealon: If you can make a suggestion I would like to hear what could be implemented and would not be destroyed during the winter time. Mr. Ward: Make a planter three foot wide and put a hick's hue hedge in it, it will survive. Mr. Nealon: But we are talking about earthing the ground now and digging up the concrete, it is going to destroy the site. Mr. Ward: Mow far off the sidewalk are the wells? Mr. Nealon: Mr. Ward: The maximum three feet. So what is the big deal? Mr. Nealon: How are you going to dig, how are you going to come down and dig into the soil? Mr. Ward: Ail you have to do is soft cut the edge in here and break the concrete up and put some topsoil in and plant some shrubs. Mr. Nealon: I still think you are going to damage those wells in the digging. PLANNING BOARD 29 DECEMB~, 1991 Mr. McDonald: You cut them free first right? You use the cutter and cut around them to cut them free. Mr. Nealon: You are still going to have to go down in that soil and I believe you have to widen, you know you have to widen, you can't just go down at cut straight. When you put a shrub into the ground you have to give some kind of width into your planting. Mr. Ward: You cut vertically down 18 inches and you put the balls of the plants in you will be alright. Mr. McDonald: Again, as Benny said, I don't have a problem with the planter idea either as an alternative. I think either of them will work. Mr. Nealon: Planter boxes above the ground? Mr. Ward: I think you are better off cutting the planter in and putting the hedge in. I think anything permanent, a car scrapes it, you know you have problems with car doors if they hit them. This way it is a hedge and if it gets a little damage or a car overrides it or something it is easy to replace. You are not going to replace a car door. Mr. Latham: They'll live too. Mr. Ward: Put a guard rail in there, you put a fence, you put something rigid in there so if a car does hit it, it is going to be a hazard. Mr. Nealon: Mr. Ward, you are talking about going straight down and I don't think that can be done and put a shrub in. Mr. Ward: It can be done, believe me. Mr. Nealon: I'm saying that the site wells are a maximum of three feet from the sidewalk. Mr. Ward: It is not a problem. You should be able to cut .around those. Mr. Nealon: Here is a photograph of the site well that is right off the sidewalk, right there and you are talking about saw cutting straight down without damaging that well at all and' being able to put in a planter. I find it difficult for that to be done. Mr. McDonald: What could they have been done with, eight inch diameter? Maybe they were done with six inch ID hollows, right, so the total size of the hole is maybe ten inches? Which even if they grout it it means that it is ten inch from the outside of the very center of the well and it has something in it so you PLANNING BOARD 30 DECEMB~, 1991 jump out twelve inches, cut it and you are clear, there is nothing else left. There is nothing to interfere with. Mr. Orlowski: How may shrubs would you be talking about? Mr. Ward: To make a hedge you would probably put in two foot centers or two and a half foot centers so they will grow together and make a nice hedge. Mr. Nealon: And talking about a ball how big? Mr. Ward: Eighteen inches. Mr. Nealon: And you believe that this is going to be a protective buffer for a car and a pedestrian. Mr. Ward: It is going to define the pathway that we are interested in. It is not going to stop a car going through it if it is out of control. Mr. Nealon: No, there is no way in the world you are going to do that as the testimony to the girl that passed away in East Hampton. I mean there is nothing that is going to stop a car if it is out of control. Mr. Ward: But, it does give a guide where the cars are coming in. Mr. Nealon: Doesn't egress and ingress do the same thing? Mr. McDonald: The way it is designed it almost begs a second car to try and go by on the sidewalk because of the width of this. It is wide enough, your property is wide enough for one car, with the sidewalk it is wide enough for two. It is like begging someone to cut through here please. Mr. Ward: We want to solve that. Mr. Nealon: I don't think it has ever happened gentlemen. I really don't. If you were driving a car and I was driving a car .would I ever attempt such a maneuver like that with a car. Mr. McDonald: Well, I hope you wouldn't and I hope we wouldn't either. .. Mr. Orlowski: I have got to tell you. I go to church down here Sunday morning and it is the easiest. If there are two or three cars here we just go right along here and we are in 7-11 with no problem, don't have to stop for traffic. I do it, I confess. I know I am probably on the sidewalk. It does work well. Mr. Nealon: I'll pass it on fella's. Thanks for your time. December 10, 1991 RE: Lead Agency Coordination Request for Metro Service Station N/w/c Main Road and Depot Lane, Cutchoque, N.Y. SCTM #1000-102-5-26 Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of Environmental Assessment Form (EAF), you in your response. the proposal a completed and a traffic study to assist Project Name: Metro Service Station N/w/c MAin Road and Depot Lane Cutchogue, New York Requested Action: To construct a canopy with fire suppression equipment over existing gasoline pumps. SEQRA Classification: ( ) Type I (x) Unlisted Contact Person: Valerie Scopaz (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (X This agency wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. (x Other. ( See comments below). There are concerns about traffic safety pedestrian) at this intersection. (vehicular and Comments: The Planning Board already has asked for the following changes to the enclosed site plan: .,~ ..,- - the addition of ~hr~ Street trees along Depot Lane; - the inclusion of a landscaping plan for the planting beds; - the addition of a four (4) foot wide hedge between the monitoring wells and the sidewalk parallel to Main Road; - information about the capacity of the dry wells; - the removal of internally-lit signs. CC: *Building Department * *Southold Town Board of Zoning Appeals *Suffolk County Dept. of Health Services * Department of Environmental Conservation - Albany * Maps are enclosed for your review /  Dunn Engineering ~-~oc{ates 66 Main Street Westhampton 8c~Ch, N.Y. 1197~ 518-2S8-~480 ' July 19, 1991 Mr. John Chase East End Marketing P.O. Box 1006 Westhan:pmn Beach, NY 11978 Traffic Englneeri::g Examination Mctro Gas Station Roam 2J Cutchogue, Town of Sou:ho!d, Ne',,,' York Dear Mr, C,.a~e. In a~,o.d...,... ~,:-; the of Mr. ,adien Smhh, Esq., Dunn E.,~m~.~.mo A~so~at.s has .u,,.v~e,e. a p....~,,<.,,~l tra~&c engineering c.aml,,atmn of the ~,'[etro. Gas Station m the ~, ,r,~,~,~ corner ~ ~oute 9< ,,0.,,,. ~.t or .- at Depot Lane In Cutch%ue, Town of Southold, New York. maj..r aspects of our exammauon hmludcd: a) a review of the existing ac~ss rotation interns! aBd e~.ernal ,rafi,c flows as well as ~gh~ distan:es ~nd acc:dcm records, b) ;he t, aJ~ ~ .... ~-,va.; cf tko addition ~f a caaopy over the fuel pu~pa, and c) necessaD, ..,prate ..... t~ ;o eh&anco me frame flow. Wr:cse aspects ~re discussed in Lhe following paragraphs ~of this letter reporL Review of Existin¢ Access At ¢resent,~ ~¢re are two access poims on Route ~ (Main Road). ~n addition, access permitted on Depot Lane; hpwever, ~, ,- Xn.e no curbing exSst$ along ti~e west side of Depot Lose, access can be obkained to the site along the cadre glee frontage on Depot ~ne. Our fieldobservations, ' revealed that t.,eb pr/mary movema~tl into and out of the site occur ;da the ¢,'q access Feints an Route ~. Based on the present location of the gas pump% easy and safe access ia provMed to and from the site via these ~vo dri~,ewa~ on New York State Rout~; ~. ~ . Our re;iow, of the sight distance indicated that the westerly site (,nve?'ay on Route ~ good acces5 to the east and the west with a sight distance of 750 f~et',to the west and over i,000 feet to tS~ east. The. easterly site driveway on Route ~ also has good sight distance to both ~he eazt and the wcs~ wkh a sight distance of 550 feet to the west and over 1,000 feet to thc east.~r,,,,h**,-g.*~............., at the intersection of D¢po~ Lane and~Route ~ good sight ~,.tance of 600 feet to the distance a.hu ex:sis to both ln,: test and the west with a ~ight q;, ' ,acs: and over i,000 feet to ~he east. The ~Sght distance required based on a 35 miles per M.r. $ohn :Chase July. 19, 1991 _Page 2 hoar speed hmn..,~ .....o" t,,,. ~e::uoa ~ P. oute .e~, Js app:oximatelv. 24 feet. Therefore, the e~sr~ng 'x~,.'Iabxe sigh: ~tances a~ Loth ~h¢ access points on Route ~ as well as at the intersecu~m' of~e~atr' L.' ~,~. ~n,.~ -~ Roa~e ~q~. are excellent based upon minimum s~epping : - ,. ...... ' &in:., - ,n~ site that would limit distancem No horizontal or s.~.:~ol cu.'c= e~zt in the ........ vt "x Iht · , . 4;....~ o, 5 on Ixou~e N at *[,,' ;~ ,~, ~o access points aadz at DepOt ~ne. ' ~.~ac~ conditions along Depot ~ae revealed that a ~;ght distan~ Our rewew of dee sight ~'~' = . Of over ~ 'o~ r ~, ~.-, , - .' ' ' ' .,~o ~c~,.~ tac nor~n ex;~ wmc~5 exceeds thc require~ sight distance of 275 feet b~sed upon the posted speed limit of 40 miles per hour on Depot ~ne. , Our obseD/ations of ~E~ operations of access off of Depot ~ne revealed that there is no controi~efl" [carD' or esi: ~":~v,~.~ .... ~n Depo~ ~ae ~o better con:roi traffic ¢mer,n=' ; ~ and exiting the she on Depot Lane. ,,%ccioest data was ', '-; ~ ' Department e ~b,~,n~,,,_,.~c .... ~,,,.,~ New York State f Transportation on all the acc{dents that 'n=,,e ~ ..... o=cu,.~=r~" at the t..~e,=c~..~,,',"-".'";~" of Depot ~¢e and Route ~ over the last ~qree "~ ...... 2~=r~. t.m a~v,de.,~ information forested that there were e~,o reportable accidents in we- and nec , there ,.~, l~,,g each, arid were two accidents in I 89 with one of them being repertaNe and the other being ciasshied as non-rcportaNc. NQn-repor,able accidents are thc:;e accidents that are not required to be re?ned to the Department of Motor X, eNcles. A review of this data revealed that this mtersecnon is pot considered a high accigent k · Irc:mom F:nhermore, this data revealed that t~ere is n9 serious traffic safe~ ?oNams in tee ~cinity' of the si:e. ~nis occident information is pa[tic=larly significant in view of me fact that in tin:c: of heavy flow an Route 25, it become= dif~cult to make a left turn out rd Depot ~ne, '. ' ' Ou, oNe~.ations e · . m ex~stmg conditions revealed that there are no major problems with the ia:ernal and extemaI traffic flows at t~e site. However, some recom~mended modifications regarding access to '~ ' ~, ' ~ ' ~ t,m s,te on Der,D. Lane arc contained in a following section of this ~et~er. False merlin;aEons are intended to enhance bo:h t~e :mern~l site circulation and minimize ~ny poterRial external traffic flow problems. / Traffic ~act of the Canopy Addition A canopy :has been added ever the pumps located ~ amng the southerly portion of the site., The canopy is e,ss:ntiaily parallel with the curb line on Route ~. Oar fisld obse~'at!on, of vehicles entering and exiling the ga~ pump service area revealed that there is no traffic im?.ct on tlc iatergal :it¢ circulation or the external traffic circulation due to the location of these pump$ with the canopy over them, ,~ ~ re~ult of thc conduct cf our :raffle engineering exan~ihat~on~ It, i5 pt'opos~d that the, Mr. John ,Chase July '19, 1991 Page 3 em~.ns rc.,o d~h~eways cn then~rm'" sine of Main ~- - be ma~ntahxed gs tho principal t,.**~ how p~t~erns far traffm ent:rm,~ an~ l~<t.~. ~..s*,~ .,x,mn~"" ' on MMn Roa& ~a:s recommendation Is supported by the avadao~¢~qffh,. . distances., p~dc~rizn act:v~t7 m the area and me directiona! ~ources of traffic ' internal circulation proem=rte, b) add:~:onzlr, ~...~- ',,- ~ul'.,me~ on w~por Lan~, c) addi:ional turns for vehtc~e~ to acces~ me stat/on, d) addkioaal conflicts with the pedestrian/school ~.ldren on Depot Lane, eI add:timml uaffic friction to the school buS=s that use Depot ~ne, and'0 additional delays to veNc!es accessing Route o2 from Depot access poiats on Route ~ are ~ecommended. ' ..~,.nmized through one gr~t~wav' ..... ;;,<re~d.-, of *''~ne fro,: 3~.,.5, s. winch'' now ¢>:tsts' along the cuo~erly~" side of the site. This modh!;adon would pro,,iJe mr a more orderiy flow of traffic at D,:pct ~.n~ and would ~.~,~.,..,k~¢~r, ~. co.,;~ct& 2m~ area i:¢ ~¢q cid!alton ,.vno wa~x to and trom re,,' Uut.aogue M;.~.e School Mens epot Lane which also has schodi bus traffic. · " L~ to the north cf Main Road ;n~ d ..... .~j on Dek~, I~r:c ~,r, ,,~ b~ located ~ least 50 s~;nu~e.l~ roo~ to queue ~lld to m~ow . ~...uou.o .,,chicles, ~l~.,..g lcf[ turns into the site, ,,~c.~. to turn ~0m a p~,al..l position from Depot ~ne. I trust thls ir~formadon meets your needs. !f you have any quesdon~ or require any admtmnal ~.,format~on, please call Sincerely, WALTER:,M. DUNN, JR., P.E, Principal [ ~ MD:jo L910328 P91056~91 Mr. Bennett Orlowski, Jr. Town of Southold Planning Board Town Hall, 5309.5 Main Road P.O. Box 1179 $outho!d, New York 11971 Re: Metro Gasoline, Cutchogue N5 N~zX MobUe Communication:s, '-' ' ~ Dear Benny: December 26, ?Ol As per your request, .i · ~ ,.,. · ,,1 s ,e.,er Is to Wi>vi ~e v~ ,,.;tk .... L,,~.~,~., ~ *~ - environmen.2l review of the above ~'ojects. ,,v .... , .. : ...... · , ' r¢,,';e~ved ~:~e ;nfo,m~t~ort prvv~ded and suggest :he follov h~g se~'ices and fees: Melro "% ..... ' .... ,, - .- :,~.ort,,t o,I en$ neet:rig to~..~oli,.e - TI,:~ proj,~ct ,..1 requi~ ~ r~vi.w of' ......... related and review of the Short E~', CVA Fr( ;c,.~z's to inspec the she. ,~-,~: ~ ~. ~ ,ne a letter of review regarding trahsnortatloa related ssues I , · .- ~.~.,-,~,,- ,- · ,,u , 6 ,-~ .... C-.,.,,ell,,d ....... and r¢commcadalions, review and amend as necess t~v d,¢ Short EA~. o-d mean. ~ ,.. ¢ De,erin nation of Sigmficaace. The fee for the e services is 2450.00. NYNEX Mobile Communications - CV;: Fro,oose5 to inspect tl:¢ sit?., review file regarding ZBA declslon, provide a lett.~r cf rev ~w regarding ea:'ironme~ta1 status aec/ recommendations, review and amend .q5 neces.*. '9' ~he ,Short EAF, and prepare a draft DeterminatMn of Significance. The fee for t!~ze set'dee:, is $350.00. Fhan~: you for the opportunity to provid, you w~m tm~ p(oposa. P!ease advise if Wlfifl ~35 to p~,~orl ',vlth &ese nrc c't~, :,i,d * "' ~.-' .- · yo~ ' ' - ' questJom. ,- . · ,Ga, ,%:,!.~ ~ to call ffyou k ~ o,., 54-2 NORTH COUNTRY ROAD, '~" ~ c ~ ,-,¢ ,, .... ~...c: . LA,.,,., ,,y 11784 ($t8'1 331.!~.,~~, PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 14, 1991 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Inc. 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: Three (3) street trees shall be placed along Depot Lane. The use of Sugar Maple or Pin Oak trees is recommended. e The landscaping plan shall include a planting schedule with the size and spacing of plants for all planting beds. o A four (4) foot wide hedge is to be placed between the monitoring wells and the sidewalk. 4. There shall be no internally-lit signs. · 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. CC: Sincerely, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman, Zoning Board of Appeals Harvey Arnoff, Town Attorney Victor Lessard, Principal Building Inspector PERMIT RESEARCH $ ENVIRONMENTAL CONSULTANTS, INC. · Building Permits · Zoning & Site Plan Applications · Phase I and Phase II Environmental Assessments · Full Range of Professional Sen/ices December 27, 1991 Town of Southhold Planning Board Bennett Orlowski, Jr., Chairman Town Hall, 53095 Main Road PO Box 1179 Southhold, NY 11971 Re: Runoff Drainage Metro Service Station N/W/c Main Rd & Depot Lane Cutchogue, NY SCTM # 1000-102-5-26 Dear Mr. Orlowski: This letter addresses the capacity of the existing drywells on the site. An investigation has determined the storage capacity of the drywells and the surface area of the site that would contribute runoff from drainage. There is sufficient storage capacity in the existing drywells to accept 2.2 inches of precipitation assuming 100% runoff efficiency of the entire property. There are 4 existing drywells on the site as indicated on the site sketch that accompanies this letter. The site sketch also indicates the layout of the pipes that interconnect the drywells. The drywells' dimensions and calculated volumes are given in Table 1. DRYWELL DATA 0W- 1 4.0 %8 3.4 38.6 Ot~ - 2 12.0 10.6 7.0 617.7 D~ - 3 12.0 10.6 10.0 882.5 D~/- 4 12.0 10.6 20.0 1765.0 560 Sylvan Avenue 1111 Route 110 Englewood Cliffs, NJ 07632 East Farmingdale, NY 11735 (201) 871-8787 · Fax: (201) 871-1772 (516) 694-9696 · Fax: (516) 694-9735 The site has approximately 17,933 ft2 surface area; this includes the entire area within the property boundaries. Using the dimensions presented above, the existing drywells' storage capacity is 0.184 feet (2.2 inches) of precipitation at 100% runoff over the entire property. This capacity exceeds the requirement of storage of 2 inches of precipitation. If you have any questions please do not hesitate to call my office. Sincerely, Senior Hydro~eologist 1 D~POT 0 PROJECT: JAMES A, KUZLOSK[ REGIONAL DIRECTOR January 13, 1991 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER Planning Board Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southhold, New York 11971 Metro Service Station Main Road/Depot Lane Cutcho~ue #1000 SCTM #1000-102-5-26 Dear Mr. Orlowski: We reviewed the plans for the proposed canopy for the gas station and have no comments. We have no project in this area in our 5 Year Capital Program. Very truly yours, JOHN A. FAL(Y~ICO Planning & Program Management Director ~ SOLITHOLD TOWN ' I~LANNIN~ BOARD AN EQUAL OPPORTUNITY/AFFIRMATIVE ACT/ON EMPLOYER PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 January 14, 1992 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Inc. Re: Metro Service Station N/W/c Main Rd & Depot La Cutchogue, New York SCTM # 1000-102-5-26 Dear Mr. Nealon: At its public meeting on January 13, 1992, the Planning Board adopted the following resolution. BE IT RESOLVED That the Planning Board assumes Lead Agency in the environmental review of this application. Since the environmental review fee for your site plan application (which is $450.00) has not been received, we have not been able to authorize our environmental consultant to proceed with the review. Accordingly, our determination of significance must be delayed. If there are any questions, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman cc: Judith T. Terry, Town Clerk Coordinating Agencies PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Ma~k S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 January 3, 1992 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Inc. 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 notify you that the environmental review fee for your site plan application will be $450.00. Upon receipt of a check made out to the Town of Southold, our environmental consultant will be authorized to proceed with the review. If there are any questions, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman HARVEY A. ARNOFF Town Attorney MA'UI'HEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD MEMORANDUM SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: Bennett Orlowski, Jr., Chairman. ~l,fij3nin, g Harvey A. Arnoff, Town_ Attorn~ June 26. 1992 Board 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 SOUTHOLD TOWN PLANNIHG ~OARO ENV[R~ /.5 Mr. Bennett Orlon'ski, .Ir, Town of Southold Planning Board Town Hail, $3095 Main P. oad P,O. Box 1179 Southo!d, New York 11971 December 26, 1991 Re: Metro Gasoline, Cutchogme Dear Benny: en .ro ,m~n,,:., re .... v of the abovg m'-: and suggest ,h.. ,ollow ",6 ser,'~ces and Metro Gasoline - This project will requb: rcvi,:,v of ri'2r~sport~tioa engineering related and review of the Sl2ort EA}z', CVA ?a ~o~es to inspect d~e sile, prv?uJde a letter review regarding transnormfioa relate~ ~ssues i ~dudMg cnvirem~emal s~arus and r¢commcndaiions, review and amend as necess ~y fi~e Short EA~. and prepare a draft Determination of Significance. The fee for the e services is $450.00. NYNEX Mobile Communications - CV;: proposes ~o inspect tl;e 3itc, review file regardMg ZBA decision, provide a lett~sr of rev Cw regarding emironmema! status and recommendations, review and amend as necess ~, ,'.he. Short EAF, and prepare a draft Determination of Significance. The fee for d~ce services is Thank you for ~' ' · o ~,r,,, d ' ,.' ' ' ' t e opportumb , """: )ou x,,dn tn s prpposal. ~' - .' ~:ca~e ~d~ se if you wish us to proceed whh '~ , -~: .... questions. 54-2 NO~TH COUNTRY ROV,.), '~' " , LA,..,.., ,Y 117~4 {5!6) $31-,,+o5__ ~.-.'..'..'..'..'..~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 December 10, 1991 Cramer, Voorhis & Associates, Inc. Environmental & Planning Consultants 54 North Country Road Miller Place, New York 11764 Re: Review of EAF for Metro Service Station N/W/c Main Road & Depot La Cutchogue, N.Y. SCTM # 1000-102-5-26 Dear Messuers Cramer and Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form and Traffic Study for the above-named project to you for a cost estimate. Please notify us as to the estimated cost of review. Sincerely, Bennett Or£owski, Jr. Chairman enc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 December 10, 1991 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Inc. Re: Metro Service Station N/W/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 meeting held on December 9, 1991. BE IT RESOLVED That the Southold Town Planning Board, acting pursuant to the State Environmental Quality Review Act, start the coordination process on this Unlisted action. The environmental review is proceeding with the understanding that the changes requested in the November 14, 1991 letter, will be made to the site plan along with any environmental mitigation measures that may be deemed necessary. At the meeting last night, the Board agreed to accept the substitution of two street trees of 4 1/2" to 5" calipher for the three street trees on Depot Lane. The cost estimate of the environmental review will be sent to you under separate cover. If you have any questions, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman cc: ~erard P. Goehringer, Chairman, Harvey Arnoff, Town Attorney Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 December 10, 1991 RE: Lead Agency Coordination Request for Metro Service Station N/w/c Main Road and Depot Lane, Cutchogue, N.Y. SCTM 01000-102-5-26 Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal a completed Environmental Assessment Form (EAF), and a traffic study to assist you in your response. Project Name: Metro Service Station N/w/c Main Road and Depot Lane Cutchogue, New York Requested Action: To construct a canopy with fire suppression equipment over existing gasoline pumps. SEQRA Classification: ( ) Type I (x) Unlisted Contact Person: Valerie Scopaz (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (x This agency wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. (x Other. ( See co~ents below). There are concerns about traffic safety (vehicular and pedestrian) at this intersection. Comments: The Planning Board already has asked for the following changes to the enclosed site plan: - the addition of two or three street trees along Depot Lane; - the inclusion of a landscaping plan for the planting beds; - the addition of a four (4) foot wide hedge between the pump island and the sidewalk parallel to Main Road; - information about the capacity of the dry wells; - the removal of internally-lit signs. cc: *Building Department *Southold Town Board of Zoning Appeals *Suffolk County Dept. of Health Services Department of Environmental Conservation - Albany * New York State Department of Transportation * Maps are enclosed for your review ,PROJECT I.D. NUM8ER 617.21 Appendix C ' State Environmental Quali'ty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION {To be completed by Applicant or Project sponsor) 1. ~::,~L][f~TISPONSOR Perm3. t Research & 2, PROJECT NAME Acquisition Co. Metro Service Station 3. PROJECT LOCATION: Municipality southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Main Road & Depot Lane Cutchogue, N.Y. 11935 $. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: Upgrade: New 25' X 40' canopy over existing (modified) service islands. Includes fire suppression system (new). 7. AMOUNT OF LAND AFFECTED: Initially .5 acres UIHmately .5 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? L...~Yes [] NO I! No, describe brielly SEQR g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~] Residential [] Induslda[ [] Commercial [] Agriculture [] Par~Forest/Open space [] Other Yes [] No If yes, list agency(sD and permit/approvals [] Yes [~ NO If yes, list agency name and permit/approval ,2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO , '"~, I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A F~nk Nealon/ Permit Research & Acquisition 7/15/91 P plic a n t/~.~'-D'~m e: '% Dale: If the action is in the Coastal Area, and you are a state agency, complete the I I Coastal Assessment Form belore proceeding with this assessment I OVER 1 E,~g r .=,, ..:j ~oci:ates Main Str ce', Westhampton 8each, N.Y. I 515-2S8.2480 July Mr. John Chase East End Marketing P.O. Box 1005 Westhamp:on Beach, ND.' 11978 T~a£fic Engii:eering Examination Metro Gas Station Roam ~ Cutchogue, Town cf Sc, ache!d, N~v.' York Dear Mr. Chase: ,'~ .......... :. ~ ..... cng,ncermg o. am~,,.uon of the ;',~.,a Gas Station ia no .......t corner er ar ~.,~t kune Cu,c ,_au.~ Tvwn of So~thoJd, New York. Tc.e major asFe. cts of our exzmmatKm kmludcd: a) a review of the ex.sting ac~s in relation to m,~rn~l and ¢2~¢;11a1 trafi,c flows as well as ~Gh~ distances nnd accident records, b) ;t~e tra1Tic m:pa~[ ct the addition of a canopy over the fuel puz~ps, and c) necessaD' ..,prove..~,,t~; .... ~" ~ to e...,.~.,~..'. ~, ....... '.n~ ;rar~:e [qow. ~,-~et .... aspects are d;scussed in uhe followmg ,~.,or reporL paragraph; ;of this Review of ~, ~s.ms A~ At present,' there are two accel; poin;s on Route ~ (Main Road). }n addition, access is prrmitted cn Depot L,-n~, ' ....... ' ~.n~ no a.e west side ef Depot .~.~ver~ curbing emst~ along Lane, access can be ob;ainc~ to tile site along the entire 'site ~ · rea,ese on Depot I Our field observabons revealed ;hat thc pr/mary movemant~ Jam and out of the site occur '~ · Iccanon of gas pumps, xda th~ bvq access Feints on Route ~ Based on the present ' the easy and sate access is provided to and fro_ the site via these bye dnyeways on New York State Rout~, ~.. ~ . . Our review, of the sight distance indicated that the westerly site t, rw.p'ay on Route ~ ha; good acces~ to ,he cant and the west with a g;ght distance of 750 feet 'to the we~t and over i,000 feet to tn~ east. ~.~,.,¢a~t~.,y ~lte ddvc',vay on Route ~ also ha~ g.od s[ght distance to both thc eazt and thc wes: wi[h a Loht dhtanc~ of 550 f, et t~ igc west and over 1,000 ~.. ~*,,..h~..~,... at the ',,' .... t'.-- of Depo~ Lane znd~Routc ~ good sight distance a!~6 ~';."' ', ~= .'.~ t distance of 600 feet to the cx.~.~ ,c botI~ I,,,. cast and the west with a w~s: and o'~cr 1,000 feet 1o ~ke east, The '." ' ~.8n, dt~tance r~quired based on 'a 35 miles per M.r, John iCha;e July. 19, 1991 Pao~. 2 .... ' - ~- . '~40 '--' Therefore, the ...... da u~ P. oute "¢ is app.ox m,~t~,, f .... hour speed ~'"'" - ~'~ '; ....... ; ' ~ m,c,sec~..n et De~a, ' ',"' anrJ ROar: z5 are excellent based upon stopping sight · , ..... , .. ,i~an2 ...... nrc tLat would limit distance~.. No h::r;zanta! or ,.~-, -a cuD'~:~ e.~:; in ~hc ....... of ,~x - s,~.,~ u~,a,,~c on Route 25 at q.e e.,,.t..,= ~0 access f~m,, and gt Depot ~ne, ~ot,dtno .....ong Depot ~;ie .... i..-~ that a" .... re ...... ~ =:ght d~szan~ Oar r:vmw o~ tko s~gnt distance - '" ' "" ~ ' ~" . .... k e:.:ixB whic~ exceeds the required ~ight distance of 275 feet of over 1,0~O feet;,~'- he based upon the posted speed limit of 40 miles per hoar on Depot Ouroh,~ .... ',at.Son- s of tho operations cf access off of Dope: ~ne revealed lhat there is no the sire on Depot Lane. ,. ......... , nam ...... ~0 ~'~,. ~a~ ,c,.:...~ ~'=...~ Ne.a' York State D~c~it ......t . Transportation on '~-' ' ' at the t..=-~¢~,~, or Depot Lane and Route ~ over all the e .,:~r, that n~,.e occurrea -.-e-".- ;~- ~, ,o ..=v,nc.,t l~;ror~ation revcgled that tl.cr~ w~._ PA'o reportable . ~,,~ .... r. were two accidents in i o= with one of them being reportable :lad the other being .~.~;c.,~ . ,- ~ ~ ..: . ~,==~,~,.~., as non.reportable. Non-reportaole ac,,den,s are u ..... acc:dents that are not req~lreu to be reooned to the Department of Motor Vehicles. A review of this,dat~-' revealed that this intersection is {~ot considered a high accident 10z:mon. Furzhermore, this dam revealed that there is no serious traffic safe~ problems in tko ~ ...... =y or ~ she. ~q;~ uc~3=nt info~mation is particularly significant in view of the f:tct rha~. in t/mc: of heavy flow m~ Rouic 25, it become= diffcult to make a left turn out o'f Depot ~ne, '~",' ', ' ' Fa,a.a.,ny in the summer. m obse~'anons of ex,sting conditions revealed that thee: are no ma~or problems w}th the in:omni and external traffic flows at the site. However, acme recommended modifications regarding.lccess to ';'~,.,, site on Dee,0.o~ ' Lane a;~ contained in a following section of this letter. ,~ 'ss-.:- ., ~ . , . Th,cae n,~dl.,~,,,ons arc lI,~,Jed to crmance bo:h the intern? site circulation and minimize ~ny potential ext:rn:,~ ;rareSt Sow problems. [ / Traffic [mOact aS the Cano~ Addition A canopy h~s been added over the pumps loc=ted along the ~outherly portion of the site.. The canopy is es~:atiaily parallel with the curb llne on Route ~. Oar fiald obse~vat!ons of vehicles entering and ..sm..> thc ga~ pump ~ervice area revealed that there is no adverse traffic impact on thc interna! :itc circulation or the external ' ' .r.t .c circulation due to the location o~ these Im:np~ ,v. ' .~ a testat ~ 'v'~ conduct cf our traf~c eng{ncer~ng fxam~natJon, ]t,~$ pr~p~s=d ~hat the Mr. John ,Chase July'lq 1991 Page .3 { . traffic ~ .... ,<' .~ =a. ~mt,on. omc .... " :.,.o.m ' roms for vehicles to access thc station, d) additional conflicts with th¢ pedestrian/school children on Depot Lane, e) addidmml uafEc flicdon to the school buses that use Depot ~ne, and0 additiotml ,'~" ta '~' :~*- a...essL.g Route ~c,~s ~,,~n,~,~s '" ,~' _ from Depo~ Lxne. Thus, ~,a ~k~.o points on Route~'~ are ~eco:::rnznded. · -', si:e o~ Lane b~: channehzed through one arh~way.:,.~; ....... d of ,..,.~'a~ f,.~,~.... :cze~;s ,va .... now c...,::~ along the cas;eriy side of the site. ~o,,~c ~cr a alore o/ce/i,, t]ow of t.-.f .... D,.i,~, r .... and would children v.'g.o v.a'x to ~... from thc Cut.nogu: M..=.= School along q,.po~ Lane which also s~hQoi~ bus traffic. .; ....,, L~, ~o the north cf Main Road ~ ~ C, ~.',, [~JiC ~;'~'uid' ~ an. d.,,,~?aj on ..% ...... ~ , c~ located a~ len~t 50 ..... ,,uou,,~ vrn:c;cs, ~I~.,..~ ,g,t ~urns ~he site, sufficient roo~ :o q,a~ue and ...... ~o from Depot to m,n ~9m a pa,aMI~.~'~'"',.,,~.' ]n..,,~,o4un,..~,~ your needs, lf. you have any eucs.on$~ or require any additional ~informadon, plea=e '~" Sincerely, , WAL~'R M. DUNN, JR., P.E. Principal WMD:jc L910328 P91056,9, _I i.~.L4~U'l' E 1 1 0 F~.~j .,. ©FF.~OE ~ ~,%~L6-694-9696 694-9735 Subject:. (inc,udin9 Cover Sheet)~ COHHENT$: PLANNING BOARD 110~. R~U]E ll0=,,__F~.RNI.t~DAL6, _N_,_Y. 11735 ~eleco¢ier: Tc : From : (516) 694-9735 _(including Cover Sheet) Dunn Engineering ;~,ociates Main S[reet Wes~hampton BeaCh, N.Y. ] 197~ 51&-2~8.o480 July 19, 1991 Mr. John Chase East End ~Iarketing P.O. Box 1006 Westhampton Beach, 11978 Traffic Engi~:eerif:g Examination Metro Gas Station Roam 25 Cutchogue, Town cf $c, uthold, New York Dear Mr. ~hase: ' ' W:'h t~.~ r~,~-~' ~rF ' ,* ' o In accoroance .,. r~o~ of Mr, ~Ien Smi[h, Esq., Dunn E.,=m~rm, ~sociates has completed a professional traffic eng/neerlng examination of the Metro Gas Station in the northwest cc~ner e~ Route 25 ar Depot ~ne ~n Cutchegue, Town of Soatho!d, New York. ~ae major as~e. cts of oar examination hmludcd: a) a review of t~¢ existing ac~ss in relation to interna! and e~ernal traffic flows as well as sight distances and accident records, b) the traffic impact cf tko additi~] of a canopy over the fuel pu~ps, and c) necessa, ~mprovements ~o enhance the traff~z fl~w. ~ese aspec;~ are discussed in [he following paragraphs ~of this letter reporL Review of Existing Access At present,i there are two access poin;s on Route 25 (Main Road). !In addition, acces~ is permitted on Depot Lane; however~ since no curbing exSst, along the west side of Depot Lane, access can be obtained to the site along the entire ~ite frontag~ on Depot ~ne. I Our field o~setvat~ons revealed that thc primary movements into and~out of the site occur ~Sa the ~'o access points on Route ~. Based on the present loeattdn of the gas pumps, easy and sdfE access is provided to and from the site via these ~vo driveways on New York State Rout~ Our review2 of tko sigh~ distance md/cared that the westerly site drive~'ay on Rout~ ~ has good a~cess~ to the east and the west with a s~ghr distance of 750 feet ',to the west and over ~,000 feet to tee east. The, easterlZ ~/te driveway on Route ~ also has good sight distance to both th~ east and r~e west wi~h a ~ight distance of 550 feet to the west and over 1,000 feet to thc east. Furthermore, at the Intersection of Dopo~ Lane anti'Route ~ good sight distance a!~6 eZsts te both ~Ee eu~t and the west with a gight distance of 600 feet to the west and o'~er 1,000 feet to the east. The s~ght distance requ~red based on a 35 miles per M~r. John Cha~e July. 19, 1991 Page 2 t~., ~.e..~,or. vi Route 25. is approximately 246 feet. Therefore, the hour speed limk alo.qg '~' ..... ; ' '' ~ the e~sring ~,~,ht,~ sight distances at both lhe access points on Rout~ ~ as well a~ at mtersecucm of Depot Lane and RO~t: 25 are excellent based upon minimum s~opping ~ght distance~.; No horizontal or ~ ..... 01 cu~¢~ e~:t in the 'ac~m%' of :h~ site t~at would limit thc s~gnt d~s:asce on Rou~e 25 at the existing ~'0 at,ss points and at Depot Our review of the slgbt distoace conditions' along Depot ~ae revealed that a sight distan~ .,~o feet to ti~e nvr,n exi~*~ winch exceeds th: required sigft distance of 275 feet based upo~ the posted speed limi~ of 40 miles per hour on Depot ~ne. Our obse~ations of t~o operations of access off of Depot ~ne revealed lhat there is no controi~ed onto' or ex~: po~a:s on Depot ~ae to better control traffic ~=termg and exiting the site og Depot Lane. Accioent darn was obtained fro?n ~he Ne~ York State Department ef Transportation on 311 the ~'c.4=- , , ~ - ~,->~...t~ tn~t 5ave ~ccurred at the tntersectmn of Depot ~ge and Route ~ over the last *~ree yJars. This accident information revealed that therqwere ~o reportable aceldenrs ~n !gg~' and 1988 ~ach, and ~here were two accidents in I789 with one of them being reportable and the otker being classified as non.reportaNe. N~n-reportable accidents are these xccldents that are not required to be reported to the ~epnrtment of Motor %-eh'c!es.,SA review of this data revealed that this intersection Is ~mt considsred a high acciSent 19cation. Furthermore, rids data revealed that there is n~ serious traffic safe~ problems in tee ~ciniw of the site. ~qis accident information is partic=larly significant in view of tee fact that in times of heavy flow on Route 25, it become= ~ifficult to make a left turn out of Depot ~ne, particularly in the summer. Ou, obge~'atmns of emstmg condhions revealed that there are no m~or problems w~th imernal and external ~ffic flows at the site. However, som~ rocom, mended modifications regarding access to.the ske on Depot Lane arc contained ~n.a lei}owing section of this letter. Th~se modir5catMns are intended to enhance bo=h the ~ntern~I site circulation and mlnhnize ~ny potential ext~rn:.d traffic flow problems. Traffgc Impact of the Cajopy~ddition A canopy ;has been added ever t~e pumps located along the southerly portion of the site. The canopy ~s essentially parahel ;wth the curb llne on Route ~. Our held obse~atlon~ of vemcles2 entering and exiting the gas pump service area revealed that there is no adverse. traffic impact on the internal ~itc circulation or the ext=tnal traffic CirculaUon due to the location of these pumps wit~ the canopy over them. ~ro~os~d Im~ro~,emem~ ~ a result of lhe conduct cf our traf~c engineering examination, h i~ proposed that the Mr. John ,Chase JuIy qg, 1991 Page 3 e~.m~ ,,vo dffveways o;., the north side of Main Road be ma_~ntan,.ed ~s the principal access to the gas statiom This ccnfigurntion offers the most efficient traffic flow patterns for traffic i,.~5 recomme~dauon Is ~upportea by the avallabi~ ~gbt di~tances~ pedc=~r:a~ activity m ~he area and tn: mrecnonal ~ources of traffm accessing the gag gtation. Oa~y one acoess point on Main Road would ~'csult in a) p.o~,e~.,, b) ac~d:~;onal ~tazfJc volumes on Depoz ~me, c) ad. Mortal turns for v~hzc~es to access me station, d) addmonal conflicts with th: pedestrian/school children on Depot Lane, e) additional uaffi¢ friction to the school bus~s that usc Depot ~ne, and0 additional ' a~ %,s to vehicles ~ ' a~ess~ng Route oK from Depo~ ~xn¢. Thus, access poi~ts on Route ~ are ~ecommended. c,,3.mm~zed through one It ~s a~at, ~¢¢omm~.nd,.= t?',gt ,xece-zs ~o the site on Dtpot Lane b= '~"- '" ' dri~way in~re~d of the ~','e~ ~cce~.% which now e.>:lsts along the easterly side of the site. This modiE:agon would pro.Age for a more orde~in' flow of traffic at Depot ~2o and wo,Ad · ~ -' '~: ....... ' is frequented by schoc, l rcd~cc th. pote~tial for -~-,,,~e. children wc, o walk to an~ ~rom thc ' ' ' ~ ' Cut:nogu¢ MMdle School along p=pot ~n¢ which also has schooil bus traffic. The drn'e,.?ay on D~F.~ r - - should be l~eated az teazt 50 feet to the north of Main Road .... ,n= site, sufficient room to queue and to allow northbound vehm~cs, mamng loft turns into to mrn ff9m a parallel position from Depot I Irust th{s kffo~mation me,ts y~ur ne~ds. If you have any questions ~r t~quir~ ~ny aC=mortal mformanon, please ' ' Sincerely, . W~R~M. DUNN, ~R., P.E. Principal ~ WMD:jc L910328 P91056.90 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5[6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~1823 November 14:1991 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Inc. 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: Three (3) street trees shall be placed along Depot Lane. The use of Sugar Maple or Pin Oak trees is recommended. The landscaping plan shall include a planting schedule with the size and spacing of plants for all planting beds. A four (4) foot wide hedge is to be placed between the monitoring wells and the sidewalk. 4. There shall be no internally-lit The capacity of the existing dr~ Consequently it is not possible the existing capacity is suffici projected storm water runoff. The enclosed copy of the plan illustz comments. ~on 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, CC: Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman, Zoning Board of Harvey Arnoff, Town Attorney Victor Lessard, Principal Building Inspector Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latharn. Jr. Richard G. Ward Mark S, McDonald Kenneth L. Edwards Telephone 1516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 August 12, 1991 Frank Nealon Permit Research 1108 Route 110 Farmingdale, NY & Acquisition Co., 11743 Inc. 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: ~ Drainage calculations must be shown as well as location of existing dry wells. The percentage of lot coverage and landscaped area must be shown. Also include area of lot, area of building and parking calculations. 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. A sketch of any prepared or existing outdoor signs, including dimensions, height and method of illumination. Page 2 Metro Service Station 5. The name and address of the owner of record. Outdoor halide lighting must be shielded so that light does not shine beyond the property boundaries. Please indicate wattage of all outdoor lights. 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. 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. 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. cc: Very truly yours, ~ennett Orlowski, Jr. v Chairman Nicholas Bartolemeu, Applicant Harvey Arnoff, Town Attorney EXIST 7;~NK FIELD ZONE (RUNOFF) ~ ~ ' 6° ~IA MIN. SDR ~0 PVC PIP U~ ' CANO~YROOFDR~JN '-£~h'Al T ~ - _~_ _~_ _~ .... ~ ~/ . I h ~-- EXIST 28' X 4' ISLANO WI ~0 (2) ~SE / . [~ DISPENSERS, FIRE S~PRESSlON, ~ I .... ~ I ~__ FU~-S~V IS~ND. rAIN ROAD (N.Y.S. RT. 25) 173.?n NEW 6" CONC. CURB · _/ ~_, ~,,'~ NEW P~NTER AR~ -- ,-.-, q ~ ,.'~ 20' - ) R4~/~//vG NEIIV 6' CONC. CURB, ' r~., SEE DETAIL THIS .~f~:t: ~ . _. PERMIT RESEARCH & ENVIRONMENTAL CONSULTANTS, F: · Building Permits · Zoning & Site Plan Applications - · Phase ! & Phase !! Environmental Assessments · Full Range of Professional Services ,,~1 ~.~--- Bennett Orlowski, Jr., Chairman Planning Board Office Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 October 22, 1991 V~ t",~ANNING BOARa Proposed Site Plan for Metro Service Station Main Road & Depot Lane Cutchogue, N.Y. 11935 Dear Mr. Odowski: Enclosed please find nine (9) copies of a revised site plan, addressing comments received in your memorandum dated August 12, 1991. Additionally, please note the following information: Drainage calculations are noted on sheet #1, location of ex/sting drywells are noted on sheet #2. Area of lot, area of building, percentage of lot coverage, percentage of landscaped area and parking calculations are noted on sheet # 1. Ex/sting street trees along Route 25 with proposed landscape area along Depot Lane are noted on sheet #2. Since there are site wells along Route 25, a proposed Iow hedge implementation would interfere with the monitoring of those wells, accordingly relief is requested. The pm-existing sign, once Texaco now Metro, indicating height and method of illumination is noted on sheet # 1. Name and address of owner of record is noted on the applicants affidavit. NEW JERSEY 560 Sylvan Avenue Englewood Cliffs, NJ 07632 (201) 871-8787 · Fax: (201) 871-1772 NEW YORK 1108 Route 110 Farrnlngdale, NY 11735 (516) 694-g696 · Fax: (516) 694-9735 Page Two October 22, 1991 Existing outdoor area light, with specifications of same, located near west property line, is noted on sheet #2. A traffic study shall be provided by Dunn Engineering Associates, Westhampton Beach, New York. 8. Enclosed is the revised environmental assessment form. Lastly, please find Designation of Agent for service form, authorized by owner. Should you have any additional questions or comments regarding this matter, please call (516) 694-9696. FN:sh Enos. Very truly yours, Frank Nealon Paralegal L NOV 6 I .J SOUTHOLP' :";.ANNING ~ 617.21 ~ Appendix C State Environmental Quailty Review SHORT ENVIRONMENTAL ASSESSMENT FORM · For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by A0plicant or Proiect sponsor) A~lC.~.XI~;rSPONSOR t 2. PROJECT NAME Permit Research & Acquisition Co.'I Metro Service Station PROJECT LOCATION: Mu.~c~.,l~ Sou~hold cou,w - Suffolk .Main road & Depot Lane N/W/Corner. Cutcho~e, N.Y. 11935 [~s~a[[ ~e~ ~=e S~pp=ess~o~ SysCo. ~ Yes ~ NO If NO. ~es~e ~rtefly S~a~&on &s a.non-conEo~n~ ~se - mus~ ob~a&n ~a=&~ce approval Ose ~s a ~xt~e oE =es~den~[ and co~e=c~a[. ~ Yes ~ No ff e~ li~t 2. Vari~ce approval, local ZBA 3. Bldg. Dept. pe~it Suffolk County Heal~ Dept., approval SOUTHOLDiI}WN ~ANNINC ~0AED SEQR. If the action is in the Coast:l Area. and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Cor. t~-.'.:~~. c-. -" '"' Environmental Oualtcy Review Acc cea~£re$ * Cc) Z~ all quesCions have been ~sve=ed ~o ~ ~ i~e1~ ~C ~e (d~ ~onmen~al Assessmen~ 8. W~i~ p~o~ have a ~a~o~ e~ecc on v~sua~ cha~- ~v~rc~men~ a~ea b~ a ~oca~ a~en~? Yes X~ .... ~ ~ . ~es ~o 1]. ~ill*:projecc have any impact on public healbh ~es X ~o PERMIT RESEARCH & ACQUISITION COMPANY INC. · Building Permits · Fire Underwriter's Certificates · Certificates of Occupancy · Zoning & Site Plan Applications · Full Range of Professional Services · DESIGNATION OF AGENT FOR SERVICE Nicholas Bartolomeo, employed at 808 Realty Corporation in the city of Westhampton Beach, and State of New York being of full age does hereby designate Frank Nealon, employed at Permit Research & Acquisition Co., Inc., 1108 Route 110, Farminqdale, New York as its Agent for Service pursuant to C.P.L.R. 318. Date Signature CONSENT I, Frank Nealon employed at Permit Research & Acquisition Co., Inc., 1108 Route 110 Street, Farmingdale, New York, the person designated as Agent of Nicholas Bartolomeo in the above designation do hereby consent there to. Signature 1108 Route 110 · Farrningdale, N.Y. 11735 (516) 694-9696 · FAX (516) 694-9735 SOu., PLAhi~;:. APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK Nicholas Bartolomeo being duly sworn, deposes and says that he resides at 1470 Jerusalem Ave., N. Merrick in the State of New York, and that he is the.owner of the above property, or that he is the President of the 808 Realty Corporation (Title) (Specify whether Partnership which is hereby making application; that the or Corporation) owner or his heirs, successors or assigns will, at his own expense, install the required site improvements in accordance with Article XIII of the Code of the Town of Southold for the area stated herein and that there are no existing structures or improvements on the land which are not shown on the Site Plan; that title to the entire parcel, including all rights-of-way, have been clearly established and are shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Signed (Owner) Sworn to before me this ~___~ay of .~/) 19 ~ (Notary P~b~ic) (Partner c{d Corporate Officei~-and/Title) PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 August 12, 1991 Frank Nealon Permit Research & Acquisition Co., 1108 Route 110 Farmingdale, NY 11743 Inc. 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: e Drainage calculations must be shown as well as location of existing dry wells. The percentage of lot coverage and landscaped area must be shown. Also include area of lot, area of building and parking calculations. 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. e A sketch of any prepared or existing outdoor signs, including dimensions, height and method of illumination. ~.~ 80UTHOLO TOWN Ft. ANNING BOARD Page 2 Metro Service Station The name and address of the owner of record. Outdoor halide lighting must be shielded so that light does not shine beyond the property boundaries. Please indicate wattage of all outdoor lights. 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. /~ corrected environmental assessment form. Questions A 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. 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. CC: Very truly yours, Bennett Orlowski, Jr. Chairman Nicholas Bartolemeu, Applicant Harvey Arnoff, Town Attorney OCT I 6 1991 $OUI'ttOI_D IOWN PLANNING BOAR~ 0 q .,,' ,/..~ .... .....-:-' !' ,.~,¢ ,-;-' Y ', ,¢ ,-.?' ,/ '. .:~, ~ ./ 0~ 'U) ! ,/. ,..,. ~v o ;' Ii /' .,', '~ .-,'0 ~-. .' 4:' ' ..~ .,o ~.' ,-, ~, N',' ,44 ~ ,:'. .'.~:' ,~¢' ,/)~' '<~ , .~. -:.'":.':,..~',-,e .... = \ v. /,. ,t' - ,,? .~. ¥ --, '.;..;,-' 6" ,.,/..--.' ,~4.¢,.. .., ','~\.¢".¢'.,~'"'., ,,.,~,~- · ",, 0¢ y',. ./ .,. //. .. · I . ',.. '"'",./..5,.~ .." x.._ __~.. "- &- ~ ,' 8" 01,,4 lOIN. SON ' vd. ,, C~'%'Op y ROOF ~4iO . _ : L '~ :'2. I '!' '"> - ...................... [ ......... .-,":C ![ ' ', .J ""... (../ · I I · . . - £~I$T 28' LE W/ NEW :"~ / ~ N ,', ' 0,-¢..--. ", ]" .-'-' [ ' ~ Im ...... _'_ _3.9_%O ..... %-. ..... ~,-, ----[..' , i " ./' .., '".... ; r ~ M I ' ? )"P (t) lz~ ,f:NO [$'E£ O&~T' ]tHIS ~PlT',',~ .""~"-ST -:-;~ · -EXIST SINGLZ POLEAREA LIGHT, ONE, L i p.~ICE SIGH ATTACHED (SEE PRICE $1GI --NEW LEt. SIGN (:~EE OET SHT I OF 4) ,'5 SOUTHOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 ocsober 17, 1991 Frank Nealon Permit Research & Acquisition Co., 1108 Route 110 Farmingdale, NY 11743 Inc. 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 reviewed your proposal, (received by facsimile on October 15, 1991), to move the curb cut on Depot Lane to within forty three (43) feet of State Route 25. The cut shall be left fifty (50) feet north of Route 25 as shown on your site plan dated July 23,1991, and the landscaping installed as indicated and marked by the Board on this Plan. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Nicholas Bartolemeu, Applicant Harvey Arnoff, Town Attorney FRIDAY Monday Tuesday Wednesday July 15, 1991 CHRONOLOGY METRO STATION March 22, 1991 April 29, 1991 Original site plan rec. Reviewed at work session. (Relocate island, eliminate east cut on Rte. 25, add landscaping and lighting) April 30, 1991 Called Frank Nealon re. changes on site plan. Frank not in; Faxed copy of PB changes on map and list to Jim Bilski, Frank Nealon's associate. May 1, 1991 Frank Nealon called to set up meeting for Metro people--- Gene Bussloto, principal of Metro to call Bob Kassner,Mr. Bussloto did not call---told Frank not to proceed with island as Planning Board wants it moved. Thursday Unrecorded Friday May 2, 1992 May 2, 1991 May 10, 1991 Received revised site plan showing island and canopy in the same location. (reviewed by Ms. Scopaz---they have not responded to our April 30, 1991 request.) Called Jim Bilski, he was not available, spoke with Frank Nealon---I said revised site plan is not acceptable to PB. Field visit to Metro---talked to project Foreman---told him he may have to relocate Saturday May 11, 1991 island---he said we have $70K in it already---we will go for a variance---work was in progress --Stop work issued by BD. Canopy installed R. G. Kassner PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: FROM: RE: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Bennett Orlowski, Jr., Chairman~/~ Metro Service Station N/W/c Main Road & Depot Lane Cutchogue, New York SCTM # 1000-102-5-26 DATE: September 5, 1991 This is in reply to your memorandum of July 12th, and your reminder note of August 23rd, in which you asked for the Planning Board's comments on the site plan for the Metro Service Station. The Planning Board will respond to your request for comments and a copy of the site plan when the revised site plans are submitted. As of this date, we have not received any response to our letter of August 12th, a copy of which is enclosed for your convenience. cc: Harvey Arnoff, Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O'F SOUTHOLD ' SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: INTER-DEPARTMENTAL MEMORANDUM Planning Board Board of Appeals July 12, 1991 Site Plan Coordination - Metro/808 Realty Gasoline Station at Depot Lane and Main Road, Cutchogue Our office has received the above-noted application for approval of the canopy structure in the front yard, and a copy of the application and map are attached for reference purposes. A request for your comments is made at this time under the site plan regulations, Section 100-254B(3). We also ask that you provide us with copies of maps on file, as well as any other map which may show the as-built structures before the alterations to the site. Please communicate those areas which are affected by the canopy Structure as well as other site plan elements applicable in this project within the next sixty (60) days. In the event your comments are received by Friday, August 2, 1991, the legal notice would be sent for publication in the local newspapers On Monday, Augllst 5, 1991. Should additional information be necessary, please contact Linda Kowalski directly. GG: lk Attachments PLANNING BOARD MEMBERS Bennett Orlowski..Ir., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'VF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 August 12, 1991 Frank Nealon Permit Research & Acquisition Co., 1108 Route 110 Farmingdale, NY 11743 IBc. 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: ~ Drainage calculations must be shown as well as location of existing dry wells. e The percentage of lot coverage and landscaped area must be shown. Also include area of lot, area of building and parking calculations. e 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. e A sketch of any prepared or existing outdoor signs, including dimensions, height and method of illumination. Page 2 Metro Service Station 5. The name and address of the owner of record. Outdoor halide lighting must be shielded so that light does not shine beyond the property boundaries. Please indicate wattage of all outdoor lights. 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. 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. 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. CC: Very truly yours, Bennett Orlowski, Jr. ~ ~ Chairman Nicholas Bartolemeu, Applicant Harvey Arnoff, Town Attorney HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF TI~IE TOWN ATTORNEY TOWN OF SOUTHOLD SCO2T L. HARRIS Supervisor Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Allan Ross. Esq. Nydick $ Ross 275 Broad Hollow Road Melville. New York Dear Allan: August 30. 1991 11747 Re: Metro Service Station Main Road g Depot Lane. Cutchogue. ,UG 3 0 New York It has come to my attention through various officials here in the Town of Southold. that apparently your client, above-named, is advertisin9 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. HAA:mls cc: Allen Smith Planning Board Very truly yours, Town Attorney SEP - 3 :, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O1F SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: INTER-DEPARTMENTAL MEMORANDUM ~/~3/~/ Planning Board ~ FROM: Board of Appeals DATE: July 12, 1991 SUBJECT: Site Plan Coordination - Metro/808 Realty Gasoline Station at Depot Lane and Main Road, Cutchogue Our office has received the above-noted application for approval of the canopy structure in the front yard, and a copy of the application and map are attached for reference purposes. A request for your comments is made at this time under the site plan regulations, Section 100-254B(3). We also ask that you provide us with copies of maps on file, as well as any other map which may show the as-built structures before the alterations to the site. Please communicate those areas which are affected by the canopy structure as well as other site plan elements applicable in this project within the next sixty (60) days. In the event your comments are received by Friday, August 2, 1991, the legal notice would be sent for publication in the local newspapers On Monday, August 5, 1991. Should additional information be necessary, please contact Linda Kowalski directly. GG:lk Attachments AUG 26 i: PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 12, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Frank Nealon Permit Research & Acquisition Co., 1108 Route 110 Farmingdale, NY 11743 Inc. 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: Drainage calculations must be shown as well as location of existing dry wells. The percentage of lot coverage and landscaped area must be shown. Also include area of lot, area of building and parking calculations. e 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. A sketch of any prepared or existing outdoor signs, including dimensions, height and method of illumination. Page 2 Metro Service Station 5. The name and address of the owner of record. Outdoor halide lighting must be shielded so that light does not shine beyond the property boundaries. Please indicate wattage of all outdoor lights. 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. 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. 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, Chairman cc: Nicholas Bartolemeu, Applicant Harvey Arnoff, Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCO'I"r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Planning Board Board of Appeals ~ July 12, 1991 Site Plan Coordination - Metro/808 Realty Gasoline Station at Depot Lane and Main Road, Cutchogue Our office has received the above-noted application for approval of the canopy structure in the front yard, and a copy of the application and map are attached for reference purposes. A request for your comments is made at this time under the site plan regulations, Section 100-254B(3). We also ask that you provide us with copies of maps on file, as well as any other map which may show the as-built structures before the alterations to the site. Please communicate those areas which are affected by the canopy structure as well as other site plan elements applicable in this project within the next sixty (60) days. In the event your comments are received by Friday, August 2, 1991, the legal notice would be sent for publication in the local newspapers on Monday, August 5, 1991. Should additional information be necessary, please contact Linda Kowalski directly. GG:lk Attachments TOWN OF SOUTHOLD, NEW YORK · '~ APPEAL FROM DECISION OF BUILDING INSPECTOR // .'~'~a APPEAL NO. LJ, c~ ~," ) DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellant Street and Number Westhampton Beach ...... ..~..~..Y..-. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~ ................................................... WHEREBY THE BUILDING INSPECTOR DENIED TQ John Chase 808 Realty Corporation Name of Applicont for permit P. O. Box 1006 Westham~,.t..o.n ..B..e...a..c...h.z ....... ~ ....... .N......Y..: ......... .... Street and Number Municipality State of PERMIT TO USE PERMIT FOR OCCUPANCY (X) ( ) ( ) 28975 Main Road, Cutchogue H.B. ]. LOCATION OF THE PROPERTY ..= ............................................................................. : Street /Hamlet. / Use District on Zoning Map District 1000 Section 102B10ck 5 Lot .2..6...Current C~nerS08 Realty Corporation Map No. Lot No. Prior Owner K,,ll '~ c~rw(,-~ *e,+{nn 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and I~aragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (X) A VARIANCE t'o the Zoning Ordinance or Zoning 'Map ( )' A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. ~ Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .......................... Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that Site is a Gasoline Service Station located .in a H.B. (Hamlet Business) District. According to the zoning code such business is restricted to the B (General Business) District. Application is thereby ma~e under article XXIV, non conforming use. Re: To construct a 25'-0" X 40'-0" steel canopy over. a 30'-0" X 4:-0" service island providing a 2'6" setback, requesting a 12'-6" 'to conform },otrmO Z~{5 ' setback. (Continue on other side) REASON FOR APPEAL Connnued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficultiesor unneces- sary HARDSHiPbecause 'A refusal would deny the applicant the opportunity to ~eautify and modernize the station. Additionally, in todays market place, the need toprovide the consumer with the utmost in comfort and protect. is paramount to good quality service. Consumers will seek out those business that will provide these needs. 2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immedlote viqnit~ o~thi~prOperty and in this usg districtbecause Not all neighborood business' aemana the need to supply protection from the elements for the consumer. The canopy's p~otective cover is an integral component of a service stations marketing plan. It provides safe proteciton for both attendent and costomer in that it provides both lighting and safe footing as well as housing a state of the art Fire Suppression System. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The canopy, renovated islands and dispensers are so designed that they will remain aesthetically in tune with the overall scenery of the neighboring community. STATE OF NEW YORK ) ........ .~ ....... ) ss ............ i COUNTY OF ) John Sworn to this ............... .-.~-- ........ , ....... day of...-,~ ........................... 199/ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date June 12, 9l To John Chase, (V.P.) 808 Realty Corporation P.O. Box 1006 Westhampton Beach, N.Y. 11978 PLEASE TAKE NOTICE that your application dated ...... .J.u.n.e..1 !., ............, 19..9.1.. for permit to CONSTRUCT CANOPY OVRR gAS P01~S L ..... 28975 MAIN ROAD ~u'rCHOc;u~, ocanon ox ~'roperry ............................... N.Y. House NO. Stroet ............ ~l~/n/e~ County Tax Map No. I000 Section 102 Block 5 Lot 26 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds...B..n.d.e.r .A..rt..i .c.le.. I..X ............ .. s.e.~.~.~.o.,.. ~. ?o.:N.' .to.,.~.L~.,.t~.to... ?:..~...~.,.t.q?.~?.,.~. f.r.o.,.~..y.~.r.a..~.~.. ~..~..~..~.,.a. ¥...O:T .... Article ~IV Section 100-241A, 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. Bu~ildx~ Inspector~ ...... RV 1/80 Canop Spurs Town . To Cite Cutchogue Metro By Ruth Jemick CUTCHOGUE--Southold Town ~"plans to ask the New York State Supreme Court this week to close a Me~ro/as station in Coteho/ue unless a large, newly erected steel canopy is re- moved from the site. "They are flagrantly violating the Town Code, and they misrepresented assistant town attorney Matt Kiernan said Tuesday. Problems at the s~ion began, accord- ing to Mr. Kiernan, shordy after the gas station's owner started replacing underground storage ranks as required by the Suffolk County Health DopartmenL "We began to notice some other con- sU'ucfion, which the building inspector thought might need a building permit and a site plan," said Mr. Kierunn. On further inspection, town officials found that the owner of the Melro sta- tion had comacted the Planning Board about his proposed cons~'ucl/on, but never formally applied for site plan ap- proval, according to Mr. Kiarunn. "On May 10, principal building in- specter Victor Lessard issued a stop- work order and told them not to do any- thing else without con~acting the build- lng depemnent and the Pisnning Bonrd,' been idandfied as John Chase, rep~xtedly called Mr. Lessard, explained that hn hnd intended to erect a 45-foot by 25-foot steel canopy above the gas tanks, but said he would be willing ~o abandon Ihat plan and simply replace the tanks, Mr. Kiernan continued. "If they decided to put ap the canopy later, they would come in for site plan approval and a building permit, the owner said,'* accord- ing to Mr. Kiernan. and permitted tank instnllntion to con- tinee on the slrength of dmt promise. "But, over the weekend, the canopy was put up," Mr. Kiemun alleged on Tees- da~ notice of violation was issued to Sunthold Town Justice Court on Friday, Mr. Chase, who is being represented in this matter by Riverhnad atWrney Allen Smith, has been charged addition- ally with *'at least five separate viola- tions of the Town Code," according to Mr. Smith declined to comment yes- tetday about the litigation. Mr. Chase could not be reached for comment prior to presstime. He is re- ported to have owned the gas stetion for about one year and to have intended to Mr. Kiernan said Tuusday~ build a ~ty on the site similar to the 1 Station Work Draws Violation 'CUtchogue Business Acted Without Permits CUTCHOGUE--Town officials are fuming over the new gas island canopy erected over a weekend earlier this month at the Metro gas station on the Main Road. The town yesterday filed charges against the station in State Supreme Court in Riverh~ad demanding that the island be removed and the business be shut down until the owner obtains all of the required town permits for the work, according to Assistant Town At- ~ torney Matthew Kiernan. "They are in flagrant violation of the code7 said Kiernan. "The work was done without a building permit, site pla.n approval from the Planning Board, Zoning Board aplbr6val,-an~l they don't have a C.O. [certificate of oc- cupancy].'' It all started the first week in May when Metro owner John Chase began removing the old underground gasoline tanks to replace them with new ones in order to comply with the county Health Department's strictgr standards. The town Building Department issued a Stop Work Order on the project be- cause the work was being conducted without a required building permit, said principal inspector Victor Lessard. Lessard said Chase called him Thurs- day, May 2, and said he was only re- placing the tanks and planned no other work. Owner Warned ' "He promised me that that's all he was going to do, so I said that I would consider lifting the stop work order:' But over the weekend, Lessard said, "a crew came in from upstate and put up the canopy." On Monday morning the town issued Chase an appearance ticket charging that the work was completed without town permits. Again Chase called Les- sard, this time saying the crew was not alerted that permits were required, said the inspector. Traveler-Watchman/Tim "I told him that if it only took him three hours to put it up it would only take three hours to take down, and that he had to get permits;' Lessard said. That night, the crew came back and installed overhead lights and "finished the job;' said Lessard. line;' needed landscaping and must receive site plan approval, a department official said. "The next thing we knew the canopy was up and when we told C~ase he had to remove it, we never heard from him again," said Planning Board Chairman Gas Station Battles Continue in Greenport Chase also was notified by the Plan- ning Board that the project required permits but ignored requests, officials said. The department was sent a rough sketch of the project from Permit Ac- quisition Company but no application accompanied the letter.The board re- plied in a letter to the company that the island canopy had to be moved because it was "only two feet from the property Page 2 -Bennett Orlowski. Reached for comment, Chase blam- ed the permitting company and said, "I told the Building and Planning De- partment that I want to do the right thing and let's work this out." "I'm in the middle~' said Chase. "I guess there have been some mistakes. It's unfortunate. Continued on Page 10 t./W : P s ~F FRONT ELEVATION 3/16"= 1'-0" FOOTING SPECIFICATIONSj 1) All footings must be designed in accordance with local buil~ 2) Footing size based on 3000 PSF minimum so~t boarin2 capa, 3) Top of footing elevations shall be equal unless stated othe~ 4) Ex~end foobng below frostline ~s required. 5) Footing size of ~'-o' width x ~'-~' length x ~,..~. [ Mohswk Metal Products Company w,;ll assume no responsibility as of these and other spec/f/cations to ~?eet local building codes STEEL - W SECTIONS A-36 STEEL - TS SECTIONS A-500 GRADE B STEEL - FY = 46 KS/ ANCHOR BOLTS - ASTM A-307 OR A-36 ERECTION BOLTS ~ ASTM A-325 HIGH STRENGTH WELD - E 70 XX DECKING * 24 GA GALVANIZED STEEL BAKED ENAMEL 20 YR Flh DRAINAGE - 24 GA GALVANIZED STEEL BAKED EN~VZEL 20 YR Fl AiSC SPECIFICATIONS FOR DESIGN, FABRICATION, AND ERECTI[ STEEL FOR BUILDINGS, 1950, SHALL APPLY TO ALL STRUCTUR/ ALL A325 BOLTS WILL BE TIGttTENED BY TIlE TURN OF THE FOLLOWS: 1~ ALL BOLTS SHALL BE BROUGHT TQ A SNUG TIGHTNES TIGHTNESS'ATTAINED BY THE FULL EFFORT OF A !J,,W U', SPUD WRENCH. 2) ALL BOLTS IN THE CONN£CTION SHALL TFIEN BE TIGHTE, BYA NUT OR BOLT BOTATIOt, OF I/2 TURN DURff,~G TttIS SHALL BE NO ROTATION OF THE PART NOT TURNED BY ? DESIGNED TO WITHSTAND THE FOLLOWING LOADS I;','TtlOU ALLOWABLE STRESSES AS SPECIFIED BY THE Ai.tERtCA~'; CQNSTRUCTIQH. ROOF LIVE LOAD:~o ~sF WIND LOAD: :$ ~.~ MECH/DECK: ~ lb& pSF _CANOPY DRAINAGE: 25'x40'= IO00SF IO00SF x 100% ROX 2" Rainfafl it 167) = 167 CF Volume 167CF; 42.24 = 3. gE/..F (Say 4.0qLF) Provide one (1) 8'~)" DIA x 4'-0" deep drywell A~LOWA~LE STRESSES CONSTRUC~. MECH~ ~ 25~40'= IO00SF IO00SF x 100% 167CF;42.24 = 3.9~ provide one (~ INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 TO: OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Benny Orlowski, Chairman Planning Board SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: Gary J. Fish, Building Inspector RE: Metro Station - 808 Realty Corp. Certification Suff. Co. Tax Map $1000-102-5-26 - Site Plan DATE: June 12, 1992 After reviewing the Metro Station Site Plan, it is clear that a number of issues have to be resolved before I could recommend certification. 1. First of all, Mr. John Chase owner of the property is involved in legal proceedings in supreme court regarding the canopy over the pumps. He is also in the Town of Southold local court in regards to the canopy and the use of a portion of the building as a service center. It has been brought to my attention by the Town Attorney's office that Mr. Chase at one time had agreed that he would not use any portions of the building for such services. 2. According to the resolution passed by the ZBA on May 18, 1992 "Drainage areas will be installed to collect stormwater runoff from the canopy." 3. There is a new ID sign on the southwest corner of the property that does not have a permit. In light of these issues I am sure you can see why Site Plan Certification cannot be recommended at this time. Sincerely, GJF:gar /cc to: Matthew Kiernan, Ass't Town Atty SECTION 'A-A ' NTS ZONE IRU~F) -EXIST SINGLE POLE AREA LIGHT, ONE 11) SHIELDED ~OW METAL HALUDE LAMP ON TI~iS POLE WI NEW PR/CE SIGN ATTACHED (SEE PRICE SIGN DET SHT I OF 4). SURVEY INFORMATION SHOWN ON SITE PLAN SUPPLIED BY: ZONE _LEGE[¢O_ ARBREVIA TION$ 173. M A I N R O A D IN. Y.$. RT. 2 5) SCALE: 1"= 10'-0' ( 66' R,O.W. ) PROPERTY SITUATED IN CUTCHOGUE, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK. SECTION 102, BLOCK 5, LOT26, ZONED H.B.. : EXlS r CURR [ NEW~ll~R (N. Y.S.D.O. T.) HANDICAPPEO ' PARKING STALL SIGN W U C Oc' 'Y. d LOCATION MAP N. TS. EXIST. DRYWELL CAPACITY DATA,. ,, REVISIONS DATE BY APPROVAL STAMPS NO. PPMJBB9587A SHEET NO. GENERAL NOTES, SPECIFICATIONS & SCOPE OF WORK: 1.0 890587 GENERAL NOTES: 1 I IN CASE OF CONFLICTS BETWEEN THESE PLANS AND GOVERNING CODES, THE CODE(S) SHALL APPLY. 1,2 REFER TO THE LATEST RELEASE OF A SPECIFICATION UNLESS SPECIFIED OTHERWISE. 1.3 ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF NATIONAL FIRE PROTECTION ASSOCIATION, UNDERWRITERS LABORATORIES, AMERICAN PETROLEUM iNSTITUTE, SUFFOLK COUNTY SANITARY CODE ARTICLES 7 AND 12, SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, TOWN OF SOUTHOLD~ AND ALL FEDERAL~ STATE AND LOCAL LAWS AND REGULATIONS. 1.4 OBTAIN WRITTEN APPROVAL FOR COMPLETED INSTALLATrON FROM ALL GOVERNING AUTHORITIES HAVING JUBISDICTION 2.o SCOPE OF WORK: 22 REMOVALS: 2.1 I NONE INSTALLATIONS: 2,2 1[ CANOPY: 2.2.1.1 ONE {1) 25' X 40' CANOPY FOR FULL-SERV ISLAND. (CANOPY NOTES ON SHEET 3 OF 4) 2.2.2 FIRE SUPPRESSION (SEE NOTES ON SHEET 4 OF 4). 2.2.3 PARKING AS PER TOWN OF SOUTHOU), CHAPTER 100, ARTICLE XJX 2.2.4 NEW 6" CURBING ALONG DEPOT LANE, SEE SHEET 2 OF 4 FOR LOCATION AND DETAIL. 3,0 ELECTRICAL INSTALLATIONS: 3.1 ALL E LECTRJCAL IN STALLATiONS AN D EOUiPM ENTS SHOULD BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH NFPA 70, NATIONAL ELECTRICAL CODE, ARTICLE 514, CLASS 1, GROUP D., DIVISION 1 & 2. 3.2 RUN ALL NECESSARY CONDUIT AND WIRING PROM PROBES TO MONITOR PANEL & TERMINATE IN UL APPROVED WATERPROOF JUNCTION BOX~ ~S. CONTRACTOR(S} NOTES: 4.2 4.3 SHALL EXAMINE THE SITE LOCATION AND VEr.u~V~A~L CONTi~ACTOR EXISTING UNDERGROUND TANKS AND CONNECTING PIP ING PRIOR TO TIP.~~ OR PROPOSED WORK. THE CONTRACTOR SHALL BE SOLELY AND DIRECTLY RESPONSIBLE TO THE OWNER AND OPERATORS OF SUCH PROPERTIES FOR ANY DAMAGE, INJURY, EXPENSE~ LOSS~ INCONVENIENCE, DELAY, SUITS, ACTIONS, OR CLAIMS OF ANY CHARACTER STEMMING FROM THE CONSTRUCTION OPERATIONS UNDER THIS CONTRAC'~ 4.1.3 NEITHER THE OWNER, OFFICERS OR AGENTS OF THE SUSlNESS SHALL BE RESPONSIBLE TO THE CONTRACTOR FOR DAMAGES AS A RESULT OF THE CONTRACTOR'S FAILURE TO PROTECT UTILITIES ENCOUNTERED IN THE COURSE OF PERFORMING WORK WHERE THE CONTRACTOR'S OPERATIONS COULD CAUSE DAMAGE OR INCONVENIENCE TO WATER, FIRE PROTECTION SYSTEMS, TELEPHONE, ELECTRIC SERVICES, SANITARY AND STORM WATER SYSTEM, THE OPERATIONS SHALL BE SUSPENDED UNTIL ALL ARRANGEMENTS NECESSARY FOR THE PROTECTION OF THESE UTILITIES AND SERVICES HAVE SEEN MASE BY THE CONTRACTOR. UNDERGROUND UTIM~IES: 4.2.1 THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY PIPES, CONDUITS OR STRUCTURES SHOWN ON THESE PLANS ARE OBTAINED BY A SEARCH OR THE AVAILABLE RECORDS. iT IS POSSIBLE THAT THERE MAY~ FOR THESE ITEMS, BE DISCREPANCIES AND/OR OMISSIONS IN THE LOCATIONS AND QUANTITIES OF UTiETIES AND STRUCTURES SHOWN. TO THE SE SEST OF OUR KNOWLEDGE THERE ARE NO EXISTING UTILITIES EXCEPT AS SHOWN ON THESE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECTTHE UTILITY LIN ES SHOWN ON THESE DRAWINGS. THE CONTRACTOR FURTHER ASSUM ES ALL LIABILITY AND RESPGNSISIETY FOR THE UTIUTY PIPES, CONDUITS OR STRUCTURES SHOWN OR NOT SHOWN ON THESE DRAWINGS, EXCAVATION SAFETY: 4.3 1 THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR MAKING THE EXCAVATION IN A SAFE MANNER. PROVIDE APPRQ~'R;ATE ;~EAS L;RES TO RETAIN EXCAVATION SIDE SLOPES TO ENSURE THAT WORKERS IN {DR NEAR THE EXCAVATION ARE PROTECTED. CONSTRUCTION FENCING SHALL BE FURNISHED TO PROTECT THE EXCAVATION. 4.3.2 SHORING, SHEETING, SRAClNG, AND SLOPING: 4.3.2 I CONTRACTOR TO BE RESPONSIBLE FOR PROVING ALL NECESSARY SHORING DESIGN, CALCULATIONS AND DETAILS, AS PER OSHA, 29 CFR CH XII. 4.3.22 INSTALLAND k~AJNTAIN SHORING, SHEETING, BRACING AND SLOPING NECESSARY TO SUPPORT THE SIDES OF THE EXCAVATION, TO KEEP AND TO PREVENT ANY MOVEMENT WHICH MAY DAMAGE ADJACENT PAVEMENT, UTILITIES, FOUNDATIONS, FOOTINGS, UTIUTY PiPE BEDDING OR STRUCTURES~ DAMAGE OR DELAY THE WORK, OR ENDANGER LrFE AND HEALTH. INSTALL AND MAINTAIN SHORING, SHEETING, BRACING, AND SLOPING AS REQUIRED BY OSHA AND OTHER APPLICABLE GOVERNMENTAL REGULATIONS AND AGENCIES. _SITE DATA: OWNER: 808 REALTY CORP. P.O. BOX 1006 WESTHAMPTON~ N.Y, 11977 OPERATOR/CONTACT PERSON: JOHN CHASE RT. 25 & DEPOT LANE CUTCHOGUE, N.Y. 11935 TEL. # (516}288-0280 LOCATION: SECTION 102, BLOCK 5, LOT 26 DEPTH TO GROUND WA'hER: PRESENT DEPTH: 17.15' WELL #: S10390 TESTED 3/26/90 GROUND ELEV. ~ WELL: 25.90' LOCATION: 1/2 MILE NORTH OF RT. 25 ON DEPOT LANE AREA OF LOP: 17,933 PERCENTAGE OF LANDSCAPE COVERAGE: 21,5% 6% PA R KINC~,ALC U LATI~Sj PER SECTION 100-191 OF THE TOWN OR SOUTHOLD ZONING CODE, A GASOLINE SERVICE STATION MUST HAVE THE FOLLOWING: A THREE SPACE QUEtNG AREA FOR EACH PUMP. ONE (1) PARKING SPACE FOR EACH EMPLOYEE. TWO (2) PARKING SPACES FOR EACH SERVICE BAY. PARKING PROVIDED: ONE (1) 14' X 20' HANDICAPPED PARKING SPACE. SIX (6) 10' X 20' PARKING SPACES. ADEQUATE SPACE TO MEET THE QUEING REQUIREMENT. m,-O, NEW SION ELEVATIONS NEW PRICE SIGN ELEVATION D-RA WING INDEX PROJECT NUMBER: "% PPMJB89587A SHEET NUMBER: 10F4 DRAWING NUMBER: --SAWCUT EX/STING SURFACE PAVING 18' SECTION 'A-A ' /V 32 o '¢2'/0" ZONE (RUNQFF) 0 EXIST SINGLE POLE AREA LIGHT, ONE f 1) SRIELOED EXIST CURB CUT TO REMAIN J SURVEY II'¢FORt~AT/ON SHO V/N ON SI TE PI~4N SUPPLIED B Y: ~J ~EOEf/O /73. ,/ %~-~EXIST DRYY*'£LLS TO RFM.4I- , M A I N R O A D (N.Y.S. RT. 2 5) ( ~6' R. OmW. ) SCALE: 1"= 10'-0' PROPERTY SITUATED IN CUTCHOGUE, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK. SECTION 102, ~LOCK 5, LOT 26, ZONED FI.R_ : d EXIST. DRYWELL CAPACITY DATA I RESERVE % PARKING ~'~ ~., (N.~S.O. Om) -~"~' HANDICAPPED PARKING STALL SIGN ~. BUNPER'CUR8 DETAIL I PROJECT NO. ~' PPMJB89587~ Il ul' SHEET NO.