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Home My WebLink About1000-122.-3-4 APPROVED BY - BE REEV. LUA~ BY THE ~TTITUCK FIR 4 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 May 25, 1993 Daniel C. Mooney North Fork Beer & Soda Distributors, Inc. 11520 Main Road Mattituck, NY 11952 Re: Proposed site plan for Daniel C. Mooney SCTM# ~0-122-3-3, 4 & 5 Dear Mr. Mooney: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 24, 1993: WHEREAS, Maureen M. Moone¥ and Daniel C. Mooney are the owners of the property known and designated as North Fork Beer & Soda Distributors, Inc. SCTM# 1000-122-3-3, 4 & 5, located at 11600 Main Road in Mattituck; and WHEREAs, a formal application for the approval of this site plan was submitted on March 4, 1992; 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 June 8, 1992; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and be it, therefore · Page 2 Daniel C. Mooney May 25, 1993 RESOLVED, that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated July 13, 1992, with the following notation affixed to the plan: "The need to install a firewell will be reevaluated by the Mattituck Fire District at such time the retail sales of propane is initiated." Enclosed please find a copy of the map that was endorsed by the Chairman. Chairman enc. cc: Curtis Horton, Senior Building Inspector Scott Russell, Town Assessor's Office 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 (written c.omments within 60 days Of request) Board of Trustees :>:,/7. t~uHdmg Department {certification),~'~-.~-~,~ , Suffolk County Department of Planning b~partment of Transportation -State Department of Transportation - County ,.-'S'6i'folk County Dept. of Health t..-'Fir e Co m missioners RECEIVED: Draft Covenants and Restrictions Filed Covenants and Restrictions Landscape plan Lighting plan -,~urb Cut approval Drainage plan Reviewed by Engineer Sent: ~-~'- 7'=,Z.. Received.~ Approval of site plan -with conditions Endorsement of site'plan(<,~,:. ,,~:.,c,, .,, :, ~-~,,,~ Certificate of Occupancy inspection (Jne year review CONSULT YOUR LAWYER BEFORE SlG'~41NG THIS INSTRUME .NT -- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE. made the 2 5th day of March nineteen hundred and ninety-one BETWEEN DANIEL C. MOONEY, residing at 89 Pershing Avenue, Locust Valley, New York 11560 party ofthe first part, and MAUREEN M. MOONEY ........ -- -....... Il residing at 89 Pershing Avenue, Locust Valley, New Yorkx 11560 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does hereby grant and release unto the party of the second part. the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situ- ate, lying and being in the Town of Southold, County of Suffolk, State of New York, and more particularly bounded and described as follows: BEGINNING at a point on the Southeasterly side of Main Road (N.Y.S. Route No. 25) where the same is intersected by the Northeasterly side of land now or formerly of Yasso: Said point being distant 600 feet Northeasterly as measured along the Southeasterly side of Main Road from the corner formed by the intersection of the Southeasterly side of Main Road with the Northeasterly side of Bay Avenue RUNNING THENCE from said point of beginning along the Southeasterly side of Main Road North 44 degrees 56 minutes 15 seconds East 15 feet to land now or formerly of Yasao; · RUNNING THENCE along said land South 46 degrees 59 minutes 20 seconds East 192.07 feet to land now or formerly of Alice Boutcher Estate; RUNNING THENCE along said land South 48 degrees 33 minutes 00 seconds West 95.07 feet to land now or formerly of Yasso; RUNNING THENCE along said land North 23 degrees 32 minutes 00 seconds West 200.08 feet to the Southeasterly side of Main Road at the point or place of BEGINNING. Subject to Lien of Mortgage, dated 12/14/87 recorded 12/24/87 at Liber 13678 mp 482 (covering premises and more). TOGETHER with all right, title and interest, if any, of the party of the first part of. in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER'with the appur- tenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the part,~ of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part. in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con- sideration as a trust fund to be 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 improvement before using any part of the total of the same for any other purpose. The word "party" sha~ll b~ construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHERE'OF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: EY & Slandard N I' E~ T U Form 8002- 2-73- Bar~*n Vale Deed w~lh Covenanl aga*nst Grantor s Acls- Ind*w or Corpo~al~on {s,ngle $ heel j CONSULT YOUR LAWYElll BEFORE SIGNING THIS INSTIIUMENT -- TNIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THISINDENTURE, madethe 25th dayof March nineteen hundredand ninety-one BETWEEN MAUREEN M. MOONEY, residing at 89 Pershing Avenue, Locust Valley, New York 11560 party ofthe fi~tpart, and MAUREEN M. MOONEY and DANIEL C. MOONEY, her husband, both residing at 89 Pershing Avenue, Locuts Valley, New York 11560 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does hereby grant and release unto the pa~ty of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situ- ate, lying and being in the at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: B~G1/X~ING at a mon~nent on the southeasterly side of Main Road (N.Y.S. Route No. 25) where the sa~e is intersected by the southwesterly side of land now or formerly of Marion E. Kander; T~ENCE RUNNING South 23 degrees 32 minutes East along said last mentioned land 200 feet to a monument and land now or formerly of J. W. Boutcher; T~ENCE South 46 degrees 45 minutes West 26.80 feet to land now or formerly of Lloyd W. and /~nes L. Liedsay; THENCE North 42 degrees 12 minutes 30 seconds West along said last mentioned land a distance of 188.32 feet to the southeasterly side of Main Road; THENCE North 46 degrees 45 minutes paint along the southeasterly side of Main Road, a distance of 90.85 feet to the point or place of B~GII~qING. Said pr~mises known as and by 11520 Main Road, Mattituck, New York Subject to lien of mortgage, dated 12/14/87 recorded 12/24/87 at Liber 13678 mp 482 (covering premises and more). TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER'with the appur- tenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law. covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con- sideration as a trust fund to be 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 improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. i~';i~(~i~ESS ~,;~i£~l~6F~the party of the first part has duly executed this deed the day and year first above '~ '" '· .' MAUREEN M. MOONEY STAT~ O~.~N~YOItl~ COUNTY OF NASSAU -~qz On the~ day of ~rch ~9 91 , ~fore me ~r~ly ~e~UREEN M. MOONEY to me known to be the individual described in and who STATE OF NEW YORK, COUNTY OP SSz 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 acknowl.~-dged that executed the foregoing instrument, and acknowledged that she executed the sa~ ~____~ p//~/.)/] executed the same. No~y F~b~. SMM M K~w Yo~ 2FTAT~ OF NHW YORK, COUNT'/ OF On the ~y ~ 19 , ~fore me ~r~ly ~ to ~ ~, w~, ~ .~ me duly sworn, did de~ ~y ~ be ~d~ at N~ of , , the ~tion d~ri~ in a~ whi~ ~ut~ the {or~ instmm~t; t~t he knows the ~ of ~d co~tn~; t~t tbe s~l ~x~ to ~d in~t is tach ~te a~x~ by o~ of ~e ~rd of dir~ors of ~id co~- fion, ~d ~t he si~ h n~e thereto by like ord.. STATE OF N~W YORK, COUNTY OF SS. On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom ! am personally acquainted, who, being by me duly sworn, did depose andsay that he resides at No. ; that he knows to be the individual described in and who executed the fore~oing instrument; that he,. said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. · argatn an~ 9els TITLE No. MAUREEN M. MOONEY TO MAUREEN M. MOONEY and DANIEL C. MOONEY. her husband amerl~n elf:lo ineurenoe oomla~ny northeast region SECTION 122.0 BLOCK 03 · 00 LOT 005 · 000 ,COUNTY OR TOWN RETURN BY MAIL TO: Zip No. , TO~A~ OF $oUTHOLD BUILDING DEP.A..RTMENT Town Clerk's Office Sout~old, N. Y. Certificnte Of Occupnncy No. Z~.7.$8 ...... Date ............7~y...1~ .... , lg. ~.~. ~S CERT~S ~at ~e b~g locat~ at ~Z~ .,.a~ .Bo;.d S~eet Map No...~ ...... Block No.. ~ ..... Lot No... ~... ~';att~Ck..F~ ..... confo~ subst~ti~7 to me ~S~~~.~~~ _C~i~oa~ ~f occ~cy da~ ...... Ja~ .... ~ ........ , lg.~., was i~u~, ~d con~o~ ~o ~ o~ ~e req~ men~ o~ ~e applicable pro~sio~ o~ ~e ]aw. ~e occup~cy ~or w~ ~ ce~ca~e ~ ~su~ ~ ~uainoms. huil~g...~res.tau~an~ .icm .cr~ .~..~a~Y..st~r.9) .... The ce~Uicate ~ ~su~ to. ~lC~r~. ~ .U~.IQ~.. ~r~. ..... ~9~ ........... (o~er, ]essee or ~en~) ~o~ Co~ Dependent o~ He~ ~pprov~ ...~. ~g ................. ~ER~T~S CERT~ICA~ No...preexisting ............................ HOUSE ~ER . ~ ~ ~ ~..~. ~t~ltuc~ ' ............. Standard N Y B T U Form 8002- 2-73- Bargain ~l~ale Deed wilh Covenam againsl Granlor s A~ ~r CorDorahon (s~ng~e sheelJ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 25th day of March nineteen hundred and ninety-one BETWEEN DANIEL C. MOONEY, residing at ~9 ~~ ~o~uat Valley, New York 11560 party of the first part, and MAUREEN M. MOONEY and DANIEL C. MOONEY, her husband, both residing at 89 Pershing Avenue, Locust Valley, New York 11560 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part. does hereby grant and release unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. ALL that certain plot. piece or parcel of land. with the buildings and improvements thereon erected, situ- ate. lying and being in thc Town of Southold, County of Suffolk, State of New York, and more particularly bounded and described as follows: BEGINNING at a point on the Southeasterly side of Main Road (N.Y.S. Route No. 25) where the same ia intersected by the Northeasterly side of land now or formerly of Yasao: Said point being distant 600 feet Northeasterly as measured along the Southeasterly side of Main Road from the corner formed by the intersection of the Southeasterly side of Main Road with the Northeasterly side of Bay Avenue RUNNING THENCE from said point of beginning along the Southeasterly side of Main Road North 44 degrees 56 minutes 15 seconds East 15' feet to land now or formerly of Yaaso; RUNNING THENCE along said land Sout~ 46 degrees 59 minutes 20 seconds East 192.07 feet to land now or formerlyof Alice Boutcher Estate; RUNNING THENCE along said land South 48 degrees 33 minutes 00 seconds West 95.07 feet to land now or formerly of Yasso; RUNNING THENCE along said land North 23 degrees 32 minutes 00 seconds West 200.08 feet to the Southeasterly side of Main Road at the point or place of BEGINNING. Subject to Lien of Mortgage, dated 12/14/87 recorded 12/24/87 at Liber 13678 mp 482 (covering premises and more). TOGETHER with all right, title and interest, if any, of the party of the first part of. in and to any streets and roads abutting the alxwe-described premises to the center lines thereof; TOGETHER'with the appur- tenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the pr~mises herein granted unto the party of the second part, the heirs or successors and assigns of the party of thc second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part. in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con- sideration as a trust fund to be 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 improvement before using any part of the total of the same for any other purpose. The word "party" shall b~ construed as if it read "parties" whenever the sense of this indenture so requires. ,'1~ WIT~Ess..~,fi}~l~l~O~,..~,,. ,- the party of the first part has duly executed this deed the day and year first above IN PRESENCE OF: 2 9 STAT~ OF~N~e~YOiU~, COUNTY OF NASSAU SS, On the~d~y of March :9 91 , before me persormlly ~ame DANIEL C. M00NEY to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YOR/~, COUNTY OF SS: On the d&y 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. ~'TATE OF N~W YORJ~ COUNTY OF SS, On the day of 19 , before me personally came to me known, who, being .b~ me duly sworn, did depose and say that he resides at No. ; that he is tho of , the COtl~oration described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal afRxed to said instrument is such corporate seal; that it was so afl~xed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF SS. On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom i am personal~y acquainted, who, being by me duly sworn, did depose andsay that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he,. said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~(/ITH COVENANT ,~GAINST GRANTOR'S ACTS TITLE NO. DANIEL C. MOONEY TO MAUREEN M. MOONEY and DANIEL C. MOONEY, her husband ineur'anee oomp~nv northeast region SECTION 112.0 BLOCK 03.00 LOT 04. 000 COUNTY OR TOWN RETURN BY MAIL TO: Zip No. Corp CAF CAF5864S8?B MAIN ROAB MflTTITUCK Town o¢ Southold SUFFOLK gIST,: lO00 BLOCK: 03,00 SECT: 122,00 LOT: 005,000 11130/89 CERTIFICATE OF OCCUPANCY SEARCH We have been advised bu the Duildine Department fha% a search o¢ their records has been made ~or the above captioned Premises, The ¢ollowin~ information has been found: Attached ¢ind Certificates o~ OccuPancu ~s Z5718 ISSUED 1/4/74 FOR A BUSINESS BUILDING (RESTAURANT~ ICE CREAM AND CANDY STORE) AND ~Z5974 ISSUED ~/25/74 FOR A BUSINESS BUILDING (RETAIL & WHOLESAt. E STORE) WITH AN ADDITION, certifications. Barre%ta Research Service Corp. does hereb~ certifu that the records o~ 'the above ~overnmental a~enc~ were examined and that the information reported above is a true and accurate abstract of the in¢ormation contained herein, No liabilit~ is assumed. This report is submitted ~or information PurPoses Eyhihlt ~ Exhibit 4 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORI~ CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the C.O.# Z14402 Land Building(s) Use(s) Date May 16, 1986 located at ~.~~AD ~2ATTITUCK .~L, ex- l~amlet shown on County tax map as District 1000, Section 122 · Block O3 Lot 04 · does not conform to the present Building Zone Code of the, Town of Southold for the following reasons: On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~/Land /3 Building(s) /_--/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certffi- Property contains a one and one half cate is issued is as follows: story, one family, wood framed dwelling with an accessory qaraae. All situated in the B-1 (~eneral business) zone, with access to Main Road; a state maintained road. The Certificate is issued to ESTATE OF HEDWIG 'KANDER (owner· s2 ex2R 2 Rt ) of ~e aforesaid buil~g. Suffolk County Dep~ment of Health Appr0v~ .~ .~A UNDERWRITERS CERTIFICATE NO. Certific;,te Of Occupancy THIS CERTIFIES that the building located at .E.~.S...)~..~...R..o~..d ............ Street Map No. x~ ......... Block No...xx ..... Lot No.xxx;.. ~latt~Ltuek..NoI, ........ conforms substantially' to the Appllcation for Building Permit heretofore filed in thin office dated .......... HaF...18 ...., lg~.. pursuant to which Buflcling Permit No. ?123Z.. dated ........... ~ae. .... 20., 19..~, was issued, and conforms to all of the requ/re- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Bus/mess. build,ns. (r~ta~l & .whoZasala .stor. e). wLth. an .addJ. t/Lon The certificate is issued to .. l~..Thomas. Y. ass.= ...... 0~/neF ........................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Depa~Lment of Health Approval .. H,II, ............................. UNDEBWRITERS CERTIFICATE No p.~ncl~ . . Bufl~m~ Inspector / PLANI~ING BOA_~D M]~I~B~R~ RICHARD O. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town I-Iall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOV~N OF SOUTHOLD TO: FROM: RE: John Boufis, Building Inspector Robert G. Kassner, Site Plan Reviewer North Fork Beer and Soda Main Road, Mattituck SCTM# 1000-%'2=3~T /22 ' DATE: May 13, 1997 At your request, the Planning Board has reviewed the floor plans and elevation drawings for the above project. As there is no change in the foot print of the existing building, and no increase in parking requirements, the Board finds that the changes to the front and side elevations are within the jurisdiction of the Building Department. The Board has no objections to the proposed project as long as the changes meet with all applicable codes. DANIEl. C. MOONEY, P.C. ATTOKNEY 11600 MAIN ROAD P. O. BOX 702 MATTITUCK, NY 11952 May 12, 1995 FAX (516) 298-4998 (516) 298-1100 Town of Southold Planning Board Town Hall Main Road Southold, NY 11971 Attn: Ms. Valerie Scopaz Dear Valerie, As per our recent conversation, I am enclosing herewith a revised site plan which has been prepared by Mr. Van Tuyl for the beverage store. I believe that pursuant to the code, we would be required to have 31 parking spaces iu order to convert the warehouse building to beverage distribution alone and to use the front building for other related retail sales, i.e., party goods, etc. I believe that under the present code we would be required to have 31 parking spaces. The site plan shows 34 spaces. I would appreciate your reviewing the plan at your convenience and your calling ~ne so that we ~night discuss it. Thank you for your anticipated cooperation. DCM/jf Very. truly yonrs, Daniel C. Mooney CC: Rodefiek VanTuyl, P.C. SENT BY: ×~ROX Teiecopier 7017; ~l-~ ; 1~:29 ; b 11600 I4ain Road, P.O. Box 702 Ma~tituck, New York 11952 TEL: (516) 298-1100 FAX: (516} 298-4998 SENT BY :_ ~ -- C~I~$ULT YOUR LAWYE~ BsFORE sIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. I~'THIS INDENTURE, m~de the 25th day of Maroh nineteen hundred and ninety-one BETWEEN DANIEL C. HOONEY, residing at 89 Pershing Avenue, Locus= New yerR 11 party ~J the first part, and MAUR'mEN M. MOONE¥ ~C_'~' ~" ........ '.'.-'-~-C7-. ". ~' ............ ~' ' ' residing ,at ~9 pershing Avenue, Locus~ valley, New York 11560 t \,~i ;~ party of the sc'toad part,, f7 '", the natty Of thc tlrs! part, in consideration of Ten Dollars and other valuable con- /~ WITNESSETH, [h., r ~ . . ' ........ ~ ...... 4 ~-~-~e unto the oartv of the second ~/-- -ideration ~aid by the party of me seconG peri, aocs ncxcoy ~:--~ --~ ~) ~/ ;art, the h~irs o~ucce~oci and assigns of the party of the second part lorever,' /~ ALL [hal certain ~1o[, piece or parcel of land, with the buildings and improvements thereon erected, situ- ~ , ;- , TO~ of 5ouChold~ County o[ 5uifolk~ ~cate of New .ork, ' Sic, lying and be,n~ in t~e . and more par~tcularly boundea and describe ds follo~s: ~' BEGINNING a: a poin~ on she Southeasterly side of Main Road (N.Y.S. RouSe No. i- %~1~: ~) 25) where the acme is interaec:ed by the Northeasterly side Of land · . formerly of Yaseo: Said point bein~ di~tan~ 600 fee~ Northeasterly ~he intersection of ~he Southeasterly aide of Main Road with ~he RUNNING T~NCE from ~ald point ,~ beglnninff along the Southeasterly side of ~,0~0 Main Roa~ North 44 degrees 56 minutes 15 seconds Ea~ 15 fee~ ~o land now or formerly of Yas~o; 192.07 fen~ ~o land now or form:~rly.o~f Alice Ben,chef Ee~a~e; '~ RUNNING THENC[ alon~ ~a~d land ~;ou~h 48 ~eg~ee8 33 minutes O0 eeco~.ts West 95.07 f~et :0 land now or forme¢ly of Yaaso, RUN}lING THENCE along said land .lorth 23 degree~ 31 mlnu~ee 00 seconds West 200,08 fae= ~o :he Soucheaste[l., $ide of Main Road at =he 9oin~ or place of BEGltlNIN~.' Subjec= ~o Lien of Mortgage, fla<.ed 12/14/87 recorded 11/24/87 at Liber 13678 and ~'oads abulting {he abov~.d~sCribcd premises to ihs cemer lines [hereof; TOGeTHER'with {h~ appur- {chances and all the estate and tights of ~h~ pariy of the first part in and to said '~misCS; TO EAVE AND TO HOLD thc premises herein 8ramed unto th~ par~y of thc second part, thc heirs or successors and assigns AND ~hc party of the firsl part cove~unts that the party of thc first part has not done or suffered any~hinj ~ whcreby thc said prcmisc$ havebecn encumbe'ed in any way whatever' except a' af°~es'id' ,hcpaftyo' AND {he part~ of the nfs. pa. , in c~mpliance with iection 13 of th~ Lien ~w, covenants that f ~ the first pict will receive ihs cenl~deralion for this conveyance and will hem the right to ree~be ~uch eom sideration as a irust fund to be applied first for the purest of paying thc cost of thc imp~vem:nt eno will apply the lame firsi lo thc paymea: of thc cost of the improvement before using any pact of the total of the The ~r~ "pa:ty" shall be con$~tuzM ~$ il R rsad "pafti¢~" w~enever the ~n$¢ of t~i$ indenture ~o reqo~res. ~ iN wITNEss WHeReOF, the pang of the first part na~ duly e~ecutCd ~his deed thc day and }'car first above written. IN PRESENCE A.LNNOD MATTITUCK FIRE DISTRICT P 0 BOX 666 MATTITUCK, NY 11952 July, 15, 1992 Planning Board Town of Southold P 0 Box 1179 Southold, NY 11971 Gentlemen, This letter is to confirm our phone conversation in refel-ence to the site plan proposed by Daniel C. Mooney, on blain Road, Mattituck. The Board of Fire Commissioners has changed our initial request for a fire well to be installed due to the letter from Mr. Mooney to the Planning Board of 3une 2, 1992 stating that he no longer will be seeking approval for the retail sale of propane at this location. However the Board would like to reserve the right to request additional fire protection on Mr. Mooney's property if at some future date the retail sale of propane £s allowed. If you have any questions please do not hesitate to contact us. cc: Zoning Board of Appeals Mr. Daniel C. Mooney Sincerely , S E~NDER: ? COMMENTS: SUBMISSION WITHOUT COVER LETTER ~ PLANNING 80A~ New ~or~ 11560 party of the first part, and EN M. ,v, OONE¥ ~ ' ~ - --- ~ '~ -- residing .a~ 89 per,bin9 Avenue, Loouat Valle)', Nuw Yor ~1560 ' party of the second part, ~I~,-/~'~'/WITN£$$ETH, that the party of ~he fir,t part. in consideration of Ten Dollars and other valuable con- sideration paid By the party of (ne sedond par}. does hereby grant.and re?ase uno th~ par~y of the second part, the heirs or ~ucce~ors and assigns of {h~ ~arw of the secona part ~orever;' . ALL lhal certain plot, piec~ or parcel of land. with th~ buildings and improvements ~hereon erected, sim'. ate. lying and bem~ in the TO~ of Southold~ County o~ Su~o[k~ 8~a~e o~ ~ew York~ ·nd more par=xcularly bounded and described a~ fo[~ows: BEGINNING a~_ a point on the Southeasterly side of Main Road (N.Y.S. Route No. 25) where the same is intersecced by th~ Northeasterly aide of land now or formerly of Yes,o: Said point being di~tan~ 6,00 feet Northeaster[y as meaaured along the ~outheas~er!y ~ide of Main Road from the corner formed the intersection of :he Southeasterly aid~ of Main Road with the Northeasterly ~de Of Bay Avenue RUNNING T~h~ from ~ald point of beginning alon~ the Southeasterly side Main 5Gad North 44 degrea~ 56 minute8 l~ second~ Eas~ 15 fee~ to land now or formerly of RUNNING THENCE along acid land :)ou~h A6 d~grues 59 m;.nu~-s 20 seconds East 192.07 feet ~o land now or form:~rly of Alice goutcher RUNNING THENCE along sa~d land ~;ou~h 48 degrees 33 minutes O0 ~econ.~s West 95.07 feet ~o land now or form~,~ly of Yas~o; RUN}]~NG THENCE along ~a[d laod ~:orth 23 degrees 32 mlnu=e~ 00 seconds West 200.08 faeg ~o :he $outheas~a~l., ~ide of Main Road a~ ~he poi~ or place of BEGINNING .' Subjmc: to Lien of Mortgage, da,:.ed 12/14/87 recorded 12/24/87 at Libar 13678 mp ~82 (covaring promia,~ and m,,r~). TOGETHER with all right, tlil~ a,~d interest, if any. of lbo p~r~y el the first part of. ~enancc~ and ~11 the *stat~ and righ{~ 1>~ (k~ party of the first pat[ in and to Said ~misei; TO F~AVE AND TO HOLD the premises h,rein Erased unto the party of the second peru ~h¢ heirs or successors and assigns o( the party of the second part fm'~ver. AND the party of.the firs~ part covenants that the party of thc first part hal not done or ~Mfered anything wher=~y the said premises have been encumbered in any way whatever, except as aforesaid. AND (he party o{ the iirs~ path i0 c~mplianee with ~eciion 13 of the Lien ~w. covenanta that the party of the first p~rt will recoi~'e (he ccnsldcr~don {or thii cony=yahoo an~ will hold the right to receive such con- sideration as a irust [und (o be applied first for the pu~ose of p~yiag the cost of the imp~vem:nt an¢ will apply the ~ame firs~ ~o t~e.p,yceen: of the cost of the improv*menl before u,ing any part of the total of the ~ame f~r any olhet The ~rd "pa~tyj' shall be constrm:d as if it r:ad "parties" ~honever thc ~nse of this indenture ao reqo~res. IN ~ITN~SS }%'H~O~', the parw of Ihe first part ~a~ duly egecutcd this deed the day and y~ar first above written. .0' IN PRESENCE OF: A..LNN03 i:IREQuIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION ii'SECTION-BLOCK-LOT TAX FLAP NUMBERS iiNAME & ADDRESS OF OTfNER OF RECORD !NAME & ADDRESS OF PERSON PREPARING MAP ..;. '~DATE, NORTH POINT AND WRITTEN & GP~PHIC SCALE SOUTHOLO 1OWN I PLANNING BC, RRD i , ;iDESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES 'iLOCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS ~iLOCATION & OWNERS OF ALLAD30INING LANDS, AS SHOWN ON TAX RECORDS ~'iLOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS :!COMPLETE OUTLINE OF EXISTING D'EED RESTRICTIONS APPLYING TO PROPERTY -,EXISTING ZONING ~AREAS SUBJECT TO FLOODING OR STORM WATER OVERFLOWS ~.~WATER COURSES, ~RSHES, WOODED AREAS, TREES 8" IN DI~ETER OR MORE ~ANY EUILDING WITHIN 100' OF PROPERTY ,PAVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS ,EXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY ~FENCING LANDSCAPING AND SCREENING ,'~PROPOSED BUILDINGS OR STRUCTURAL IMPROVEMENTS ~OFF STREET PARKING AND LOADING AREAS J OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS ~OUTDOOR SIGNS- ~ 239K SIDEWALKS LOCATIONS WIDTHS: SIZE OF WATER AND SEWER LINES ~V i~iSECTION-BLOcK-LOT TAX MAP NUt4BERS ~'~ ~' N~E & ADDRESS OF PERSON PREPARING MAP ~ ~DESCRIPTION OF PROPERTY & INFO~TION TO DEFINs BOUNDARI~ ~ 'i '~LOCATIONS, N~ES & EXISTING WIDTHs OF ADJACENT STREETs & CURBs d~LOcATION & O~ERS ~'~ OF ALL ADJOINING LANDs AS SHOWN ON TAX RECORDS ~ '~LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTs ;~COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONs APPLYING TO PROPERTY ' EXISTING ,~ ZONING --. ~AREAs SUBJECT TO FLOODING OR STO~ WATER OVERFLOws ~, ~WATER COURSES, ~RSHEs, WOODED AREAS, ~ TR,~ES 8 IN DI~ETER OR ~4ORE ,'ANY BUILDING WITHIN 100' OF PROPERTY ,PAVED AREAS, SIDEWALKs, VEHICULAR ACCESs TO PUBLIc STREETS ~EXISTING SEWERS, CULVERTS WATERLINES WITHIN OR ADJACENT TO PROPERTY =.; FENCING LANDSCAPING AND SCREENING PROPOSED BUILDINGs OR STRUCTURAL I~PROVEMENTS OFF STREET PARKING AND LOADING AREAs d OUTDOOR LIGHTING OR PUBLIC ADDREss SYSTE~JS K SIDEWALKs _ PLANNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Rilchie 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 June 30, 1992 Daniel C. Mooney North Fork Beer & Soda Distributors, Inc. 11520 Main Road Mattituck, New York 11952 RE: Proposed Site plan for Daniel C. Mooney SCTM~1000-122-3-3,4 & 5 Dear Mr. Mooney: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 29, 1992. WHEREAS, Maureen M. Mooney and Daniel C. Mooney are the owners of the property known and designated as North Fork Beer & Soda Distributors Inc. SCTM#1000-122-3-3,4 & 5, located at 11600 Main Road in Mattituck; and WHEREAS, a formal application for the approval of this site plan was submitted on March 4, 1992; 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 June 8, 1992; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and be it therefore, Page 2 Daniel C. Mooney RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated June 23, 1992, and authorize the Chairman to endorse the final surveys subject to the merger of lots identified as SCTMgl000-3-3,4 & 5 and receipt of certification by the Building Inspector of the plans dated June 23, 1992. Such approval is subject to a one year review from the date of the Certificate of Occupancy. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Scott Ru'ssell, Town Assessors Office SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM~: COMMENTS: SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTMg: COMMENTS: 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: RE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~0~,/d~ Proposed Site Plan for Daniel C. Mooney 11600 main Road, Mattituck SCTM# 1000-122-3-3, 4, & 5 DATE: June 25, 1992 Please review the attached for certification. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-I938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Halt, 53095 Main Road P.O. Box 1179 Southold, New York ~ 1971 Fax (516) 765-1823 June 23, 1992 Steven Costa Office of Waste Water Management Riverhead County Center Riverhead, NY 11901 RE: Proposed site plan for Daniel C. Mooney SCTM# 1000-122-3-3, 4 & Dear Mr. Costa: This letter will confirm your telephone conversation with staff member Robert G. Kassner on June 11, 1992, concerning the above referenced property. It is our understanding that since all water and sanitary facilities are existing at this site, Suffolk County Health Services approval will not be required until one of the houses on the property is moved, requiring the provision of new water and sanitary facilities. If we do not hear from you in writing otherwise, we shall proceed as noted. Very truly yours, Bennett Orlowski, or. Chairman CC: Victor Lessard, Principal Building Inspector MATTITUCK FIRE DISTRICT P.O.. BOX 666, 1000 PIKE STREET MATTITUCK, LONG ISLAND, N.Y. 11952 Phone 298-8833 $outhold lown Planning Board S, outhoJd Town Hal], Ilain Road S, outhold, NF 11971 '~eTlt ] emen, bJe are in receipt of a letter from HY. Da¥1ie] Hoone¥, of tl~e Horth Fork Beer and soda Dist~'ibutors, Inc. which questions our respc, nse to your inquiry about a the need for additional water supply, to coincide with his requested alterations to his property. The request of this Board is that all additional fire well be instal]ed, if the location on the property is a problem we will be glad to look at possible alternative~. 1he existing well, although it has been properly maintained, cannot provide ~ufficient water supply to meet the needs that may be requi~ed of it. hie hope this additional infoYmation will help yOU in allswerJ, ng Hr. Hooney's questions. If we can be of any further assi¢f-anc-~ please contact us. Daniel Hooney Si ncel el}', PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham..Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 1992 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 7654823 Daniel C. Mooney North Fork Beer & Soda Distributors, Inc. 11520 Main Road Mattituck, New York 11952 RE: Proposed Site Plan for Daniel C. Mooney SCTM#1000-122-3-3, 4 & 5 Dear Mr. Mooney: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 8, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environment'al Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman ~ ~ Encl. 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 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SCO'I~I' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 June 8, 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: Proposed Site plan for Daniel C. Mooney SCTM#: 1000-122-3-3, 4 & 5 Location: 11520 Main Road, Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed site plan is for a multi-phased project that includes: The relocation and conversion of a residence to office and storage. The expansion of a one story storage building. The installation of a propane storage tank for use by applicant for his fork lift equipment. Page 2 Daniel C. Mooney SEQR Negative Declaration Con't. The proposal also involves the merger of three single and separate, non-conforming lots each with a preexisting use; two of which are a non-conforming use. After the merger there will be one conforming lot on which there would be three uses, one of which, the residence, would remain non-conforming. Reasons Supporting This Determination: This multi-phased project involves the relocation and conversion of a non-conforming residence to an office, and the expansion of a one story storage building. The conversion of the non-conforming residence to the conforming use of an office is consistent with zoning in this General Business (GB) zone. The merging of all three lots is also consistent with zoning. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the Suffolk County Department of Health Services (SCDHS) and the required obtainment of the relevant permits. An Environmental Assessment Form has been submitted and reviewed, and it has been determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Roger Evans, NYSDEC Stony Brook New York State Dept. of Transportation Judith Terry, Town Clerk Southold Building Department Southold Zoning Board of Appeals Applicant 11520 Main Road Mattituck, N.Y. 11560 298-8971 298-9114 Planning Board Town of Southo!d Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 June 2, 1992 Attn: Bennett Orlowski, Jr. Chairman Gentlemen: I am in receipt of your letter of May 29, 1992 with respect to the above referenced matter. Firstly, I am at a loss to understand the letter from the Board of Fire Commissioners, Mattituck Fire District. On the site plan they indicate that they recommend a placement of an appropriate fire well in the area on the North/East corner of this property. There is an existing fire well approximately five feet from the site they indicate for the installation of a fire well. Am I to understand that I am to install an additional fire well? Or, more logically is the Mattituck Fire District requesting that the fire well remain where it is presently located? I have spoken with Robert S. DeLuca at the Suffolk County Health Department. Mr. DeLuca has informed me that I will not need approval until I file the final plan to move the house and install a new water and sanitary system. With respect to the propane tank please be advised that whatever protective barriers are required under the New York State Code will be installed around the propane tank. The barriers had been shown on earlier site plans which I believe are in your office. Finally, the application which is pending before the Planning Board is to install a propane tank for our own use. Ultimately, it is our intention to be allowed to sell propane to the public. You may recall that I originally came to you in order to obtain the permits to do so. It is impossible for us to embark upon the major work to which we have agreed without something to supplement the present income. You can be certain however that we will comply with all necessary legalities. Finally, please consider the site plan amended to provide that the yellow house will be kept totally residential in order to alleviate the objection of the Z.B.A. 11520 Main Road Maflit uck, N.Y. 11560 298-8971 298-9114 June 2, 1992 Board of Fire Commissioners Mattituck Fire District P.O. Box 666 Mattituck, N.Y. 11952 Attn: John A. Keogh, Secretary Gentlemen: I am in receipt of a letter dated April 9, 1992 to the Board of Fire Commissioners from the Planning Board, Town of Southold together with the response received by the Southold Town Planning Board on May 28, 1992, a copy of which is attached. I wish to bring to your attention the fact that there is a fire well approximately five feet from the site wherein you indicate a fire well should be installed. Is your request in error or are you merely requesting that the existing fire well be maintained? An early reply would be appreciated. Thank you for your courtesy. Very truly yours, Dal~~C. Mooney cc: Planning Board 11520 Main Road Mattituck, N.Y. 11560 298-8971 298-9114 May 27, 1992 Planning Board Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: Proposed Site Plan for Daniel C. Mooney Main Road, Mattituck Zoning District General Business (B) SCTM No. 1000-122-3-4-5 Gentlemen: As you are aware a great deal of time has based since we originally discussed the above referenced site plan. You will recall that when I first approached the Building Department it was to obtain a permit to add an addition to the cooler and to install a 1000 gallon propane tank which would be used to refill bar-b-que tanks to the public. I was agreeable to merging the two lots (the Beverage store and the white (blue) house in order to effec~Llate ~bis. Subsequent to that ~ime I also requested permission to change the white (blue) house to a commercial use, bringing it ~nto conformity with the neighborhood zoning pattern. It was about this time that the Planning Board met with us and presented a proposed mini plan for the area wherein they requested we mcve the white house and revamp the parking area. In substance the plan which is presently before the PlannJ. ng Board complies with the plan suggested to us by your office~ page 2. However, I wish to be very clear and up front with everyone concerned. If we do not obtain the Building Department Permit to put the addition onto the cooler and to connect the blue house from residential to office and whatever is necessary in order to sell propane to the public at retail we do not intend to comply with the plan in at we will not merge the three lots and we certainly will not move the house and reconstruct the parking areas. In the event you have any questions or wish any further clarification please feel free to communicate with me. Very~ours, Daniel C. Mooney 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 $OUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5t6) 765-1823 May 29, 1992 Daniel C. Mooney 11600 Main Road Mattituck, NY 11952 RE: Proposed site plan for Daniel C. Mooney Main Road, Mattituck Zoning District: General Business (B) SCTM# 1000-122-3-4 & 5 Dear Mr. Mooney: The Planning Board has received a letter from the Suffolk County Department of Health as part of the State Quality Environmental Review Act (SEQRA) review. The letter is enclosed for your use and guidance. In addition to Health Department review, the Mattituck Fire District has requested a fire well as indicated on the enclosed plan. Also, proper protective barriers for the propane tank must be shown on the site plan. If you have any questions, or require further information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman, Zoning Board of Appeals 11520 Main Road Mattituck, N.Y. 11560 298-8971 298-9114 Planning Board Town of Southold Town Hall 53095 Main Road P.O. Box 1179 $outhold, New York 11971 May 19, 1992 Re: 1000-122-3-3, 4 & 5 Daniel & Maureen Mooney Gentlemen: We are in receipt of a memo to the Planning Board from the Zoning Board of Appeals dated May 15, 1992 with reference to the above site plan application. We will not even comment on its content except to complain loudly about its llth hour appearance. Perspective on this matter has been completely lost by the Town of Southold. You may recall that in January of 1991 we first approached the Building Department to obtain a building permit to build an addition to the cooler and install a 1000 gallon propane tank. We were agreeable to merging the lot upon which the beverage business stands and the lot which contained the then white (now blue) house. The Building Department referred me to the Planning Board. Since that time we have engaged in extensive correspondence, have met several times and have made various revisions to the proposed site plan as per the request of the Planning Board. We even had one informal meeting which was attended by the Town Attorney, several members of the Board of Appeals, members of the Planning Board and the Chief Building Inspector. My correspondence file is approximately one-half inch thick. It appears however that we are no closer now to obtaining a building permit then we were in January of 1991. page 2. We are absolutely disgusted with this entire disgraceful process. What makes this matter even more ludicrous is the fact that the plan which we have tried to effect is the plan which the Planning Board either presented or imposed (depending on your point of view) in order to obtain the building permits which we have requested. We are now told that it will be June Sth before the Planning Board will consider the SEQRA declaration. Then it will be several weeks before we will obtain building department certification, if we obtain that certification. Based upon the experience we have had to date with the Town we believe it will be several months before we are issued any building permits. So much for our cooperation and the expense which we have incurred. I will address the Board of Appeals memo some other time when I am less agitated. Very truly yours, Dan~~oney 11520 Main Road Mattituck, N.Y. 11560/ 298-8971 298-9114 May 20, 1992 Board of Appeals Town of Southold To~ Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: 1000-122-3-3, 4 & 5 Daniel C. Mooney Gentlemen and Madams: Subsequent to my receipt of the May 15, 1992 memorandum from the Board of Appeals to the Planning Board I spoke with Linda Kowalski at the Zoning Board. Prior to that conversation I had sent a letter to the Planning Board~expressing my disgust at the entire procedure. After speaking with Ms. Kowalski I confirmed with her the fact that the Planning Board may approve the pending SEQRAand site plan application with the nrovi~Q that before the front yellow two- story building is converted to a retail or office use ~ var~an~ ~,,]d ~ ~,~ At present, as long as the yellow house remains residential no variance is required. .... r~,~, I w~l~ rav3. se th~ $1te plan to ~ ..... ue for the yellow house being kept as residential. Thank you for your courtesy in this matter. Very ~u!y yours, DCM:jB Daniel C. Mooney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD TO: FROM: DATE: INTER-DEPARTMENTAL MEMORANDUM Planning Board Attn: Valerie Scopaz Board of Appeals May 15, 1992 SUBJECT: 1000-122-3-3, 4 & 5 (Combined/One Lot) Applicant/Owners: Mr. and Mrs. Daniel C. Pending SEQRA and Site Plan Application Mooney We have reviewed the above-mentioned site plan (as revised April 6, 1992) and request that the record be clarified to sufficiently describe each and every principal use of all three buildings, and the SEQRA record. Number 6 of the Short Environmental Assessment form does not describe any proposed change of use for the front yellow house. The application for Site Plan approval dated May 4, 1992 does state a proposed "mixed use of residential and business." However, the site plan map shows a substitution of retail and office uses of the two dwelling structures. If the two residences are being discontinued, and new principal retail areas are proposed, as well as office uses in the two existing dwelling structures, then the record should be more specific before referring to the Building Inspector for certification. The number of project uses are unclear, and if the use is intensified, will require an area variance. In the event the front (yellow) two-story building is proposed to be converted from residential use to a principal retail business or office use, an area variance will be necessary for such conversion under the Bulk Schedules since 30,000 sq. ft. of land area is required for each non-residential use in the "B" General Business Zone District. The subject parcel does not contain the required 90,000 sq. ft. for three such uses - whether it be separate retail uses or office uses. In the event the front yellow two-story building is to remain as a single-family residence or become an accessory building, an area variance would not be necessary since there would be no change in use or change in intensity of use. The Planning Board should ascertain at this time, before finalizing SEQRA, Pa~e 2 - May 15, To: Planning Board Re: Daniel C. Mooney at Mattituck the degree of intensity of uses. Perhaps the site plan map needs only to be amended to show that the front yellow building will remain as a residence or as a strictly accessory, storage building {and not for retail outlet(s)}. Please provide us with copies of the amended Environmental Assessment Forms, and other documentation, to reflect the total number of uses at the site and whether they are principal retail uses, principal office uses, or only accessory storage uses proposed in the front yellow building. Please delineate the turnaround or backing area for the vehicles in restricted corners which may be cornered by screening buffers, dumpster(s) and/or loading areas (for truck access). If there is no turnaround or backing area for parked vehicles, we would like consideration for a stacking area in the event there is a traffic jam for trucks entering the premises at the same time there are vehicles exiting the premises (within only one access point). We are making this request in writing at this time because we were not able to receive the information through regular staffing channels and have been asked to place this request in writing to the Planning Board directly before Monday, May 18, 1992 since the Planning Board has this matter on its agenda for SEQRA. Please note that these comments are relative to the zoning code as well. GG:lk COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES R. G. Kassner, Planner Southold Town Planning Department Town of Southold 53095 Main Road - P.O. Box 1179 Southold, New York 11971 RE: Mooney Site Plan at Mattituck SCTM# 1000-122-3-4 & 5 MARY E. HIBBERD, M.D,, M.P.H. COMMISSIONER May 8, 1992 Dear Mr. Kassner: The Suffolk County Department of Health Services (SCDHS) has received your letter dated April 8, 1992, concerning the above-referenced application, and has no objection to the Town's designation as lead agency. This correspondence is intended primarily to expedite the procedural requhements of SEQRA pertaining to the establishment of lead agency. The comments provided below are, therefore, general in nature. The department wishes, however, to reserve its right to provide more detailed information within the comment period established for this action. I. Suffolk County Sanitary Code (SCSC) The SCDHS maintains jurisdiction over the f'mal location of sewage disposal and water supply systems, pursuant to the authority and requirements of Articles 4, 5, 6 and 7 of the SCSC. Thus, applicants should not undertake the construction of, or connection to, either system without Health Department approval. Applications must comply with all relevant density and construction standards for water supply and sewage disposal. Where applicable, the department regulates the storage, handling and discharge of restricted toxic and hazardous materials pursuant to the requirements of Articles 7 & 12 of the SCSC. DiViSiON OF ENVIRONMENTAL QUALITY COUNTY CENTER 'Letter to Town of Southolde Page 2 If an application has not yet been submitted to the SCDHS, one should be filed at the earliest date to allow for the technical review of the proposed action. Project designs submitted to the department should be fully consistent with any action currently under review through the SEQRA process. Design and flow specifications, information regarding subsurface soil conditions, water supply information, and complete design details are essential to the review of this project, and are evaluated fully at the time of application review. Should the town require additional environmental information (such as a DEIS, or EAF Part III) discussion of the compliance requirements of the SCDHS should be required. Of particular concern to the department are those areas which because of elevated groundwater conditions, or soils which are not conducive to the proper functioning of conventional subsurface sanitary sewage disposal systems. Your agency should be aware that such conditions frequently require the use of fill or the excavation of subsurface soils to accommodate subsurface sanitary disposal systems constructed in conformance with the requirements of the SCSC. The department is also significantly concemed with areas where access to potable water may be constrained Dy unacceptable groundwater quality and the lack of an available public water supply. All private water supply systems must be constructed in conformance with requirements of the SCSC. H. NATURAL RESOURCES: The SCDHS fully supports all efforts to maximize protection of natural resources which may be impacted upon by construction and development activities. It is the position of the department that the SEQRA review process provides the greatest opportunity for comprehensive consideration of these resources, and that all practicable planning measures should be employed to help ensure their protection. Of particular concern to deparmaent is the adequate protection of wetlands, surface waters, natural communities, contiguous natural habitats, and rare, threatened and endangered species. In addition, efforts to protect sensitive physical resources such groundwaters, dunes, bluffs, shorelines, natural drainage channels, groundwater recharge areas, and steep slopes are fully supported and encouraged by the SCDHS. In general, the department encourages the following land use measures be considered (where appropriate) to actions being reviewed pursuant to SEQRA. Letter to Town of Southold Page 3 1. Maximum practicable setbacks from all wedands, surface waters, dunes, and bluffs 2. Non-disturbance buffers between wetland limits and required structural setbacks 3. Clustering of subdivision lots to provide for maximum preservation of large contiguous areas of dedicated open space 4. Stringent clearing limitations which can reduce potential impacts to wildlife habitats, vegetative communities, and unconsolidated soils 5. Maximum practicable confinement of development to areas with slopes of less than 10% 6. Maximum use of native species for landscaping purposes 7. Construction of recharge areas, so as to minimize the amount of disturbance and structural modification to the site 8. Maximum use of "land-banked" parking on commercial sites 9. Minimal use of fertilizer-dependant turf and landscaping 10. Employment of stormwater runoff control measures necessary to maintain runoff on-site The department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close nfthe established comment period. Should your have any questions, or require additional information, please feel free to contact the Office of Ecology at 852-2078. Sincerely, Robert S. DeLuca Sr. Environmental Analyst Office of Ecology cc: Steven Costa, P.E. RAYMOND L. JACOBS SUPERINTENDF--NT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070. MEMORANDUM TO: FROM: Bennett Orlowpk~, Jr. Chairman, Planning Board James A. Richter SUBJECT: DATE: Short Environmental Asses.sment Forms As per your request, enclosed please find the shorg environmental assessment forms for the above referenced projects. Please be advised that Part III of this form still requires your signature and related information. If you have any questions please do not hesitate to call. en c. PROJECTED. NUMBER 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) SEQR 1. APPLICANT/SPONSOR I 2. PROJECT NAME DANIEL 6_ MAUREF,~ M(]~EY 3. PROJECT LOCATION: Mun~c~pamy SOUTHOLD Cou,ty SUFFOLK 4. PRECISE LOCATION (Street address and road'intersections, prominent landmarks, etc., or provide map) 11520-11600-11700 MAIN ROAD MATTITUCK, N.Y. 11952 SOUTH OF FACTORY AVENUE SCTAX MAY 1000;122;34 &5 5. IS PROPOSED ACTION: [] New [] E×Dansion [~ Modificatlonlalteration 6. DESCRIBE PROJECT BRIEFLY: 1. EXPAND COOLER ON BEVERAGE STORE 2. REMOVE COOLER FROM WEST SIDE BEVERAGE.STORE 3. MOVE HOUSE 11600 MAIN ROAD TO REAR OF 11700 MAIN ROAD AND COVERT HOUSE 11600 MAIN ROAD TO OFFICE USE (SEE ATTACHED LETTER) 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres SEE SITE PLAN 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? [] ResidentieJ [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Othe~' Descr*be: THE TWO HOUSES ON THE SITE ARE PRE EXISTING NONCONFORMING 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNOING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO If yes, list agency(s) and permit/approvals BUILDIG PERMIT tr. DOES ANY ASPECT OF THE ACTIOr; HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency name and permiUapproval REPLACED WINDOWS IN 11600 MAIN ROAD, ?ERMIT FROM TOWN OP SOU'~HOLD BUILDING DEPT. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~'~es []]No MOVE HOUSE AND C, RANC,~ n~ USE. I CERTIFY THAT THE ~NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature: DANI, EL C. MOONEY Bate: 2/7%/97 OVER 1 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II~NVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANYT ITHRESHOLD IN 6 NYCRR PART6t71 D. W LL ACTION RECEIVE COORD..]~ATEO REVIEW AS~ FOR UNLISTEC ' may be superseded by another Involved agency O IDED ~ Yes [] No CTIONS IN 6 NYCRR, PART 617 6? If NO a~ C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quaJity, surface or grOUndwater qualgy or quantify, noise levels, existing traffic patlerns, solid waste PR3~uctJofl or disposal, potential for erosion, drainage or flooding problems? Explain briehy: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or COmmunity or neighborhood character? Explain briefly:. No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. ~ community's exisUng plans or goals as offlctagy adopted, or a Change in use or Intensity of use ol land or other natural resources? Explain brief No No C6. Long farm, short term, cumulative, or other effects not identified In Ct-CS? 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 DE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes J~NO If Yes. explain b~iefly Ill--DETERMINATION 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 effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibilily; (e) geographic scope; and (f) magnitude. If necessa ad exp/anatior~s contain sufficient detail to show h .......... fY' d attachments or reference su °rtJ;egqumaa;eel~ia:~'dEnsure that '-----------t .......=~uvan( adverse impacts have been identified aPnPd a Y crossed. C~ Check this box if you have identified one or more Potentially large or significant adverse iml~acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ~ Check this box if you have determined, documentation, that the proposed action based on the information and analysis above and any supporting WiLL NOT result 'in any Significant adverse environmental imPacts AND provide on attachments as necessary, the reasons supporting this determination: 14-16:4 (2/87)--Text 12 ~ PROJECT LD. NUMBER I 617.21 I 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) SEQR 2. PROJECT NAME 1. APPLICANT/SPONSOR I DANIEL ~_ MAUREEN M(3~NEY 3. PRO,JEOT LOCATION: Municipality SOUTHOLD Cou.ty SUFFOLK 4. PRECISE LOCATION (Street address and road'intersections, prominent landmarks, etc., or provide map) 11520-11600-11700 MAIN ROAD MATTITUCK, N.Y. 11952 SOUTH OF FACTORY AVENUE SCTAX MAY 1000;122;34 &5 IS PROPOSED ACTION: [] New [] Expansion {~ Modification/alteration 6. DESCRIBE PROJECT eRIEFLY: i. EXPAND COOLER ON BEVERAGE STORE 2. REMOVE COOLER FROM WEST SIDE BEVERAGE ~ STORE 3. MOVE HOUSE 11600 MAIN ROAD TO REAR OF 11700 MAIN ROAD AND CO~fERT HOUSE 11600 MAIN ROAD TO ~FFICE US~E (SEE ATTACHED LETTER) 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 V~CINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture Describe: THE TWO HOUSES ON THE SITE ARE PRE [] Park/Forest/Open space [] Other EXISTING NONCONFORMING 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 permitlapprova~s BUILDIG PERMIT DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes [] NO If yes, list a0ency name and permit/approval REPLACED WINDOWS IN 11600 MAIN ROAD, PERMIT BUILDING DEPT. FROM TOWN OF SOUTHOLD 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []No MOVE HOUSE AND CHANGE O¥ ])'SE. I CERTIPY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE DANIEL C. MOONEY Applicant/sponsor name: Oate: OVER 1 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PA.__RT II--ENVIR~sESSMENT (To be completed by A(]encv~ B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 may be superseded by another involved agency. II NO, a negative declaraUon [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:. C3. Vegetation or fauna, fish, shelIRsh or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. ~ community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explain brletl 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 Cl-C§? Explain briefly. C?. Other impac[s (including changes in use of either quantity or type ot energy)? Explain briefly. O. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSy RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly PART UI~DETERMINATION 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 effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) lrreversibilify; (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 occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the in~[ormation 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: PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-193-8 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 RE: Lead Agency Coordination Request 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 and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: ~/~ PZd~ ,~o~ 3)~/~/_~L ~, ~F~?olT~/ Requested Action: SEQRA Classification: ( ) Type I (~) Unlisted Contact Person: ~. ~ , /¥/,~/7/'~ 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: (~) 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. ( ) Other. ( See comments below). Comments - Please feel free to contact this office for further information. Sincerely, ~, Bennett Orlowski, Jr. Chairman cc: ~Board of Appeals ~Building'Department Southold Town Board v%Suffolk County Dept. of Health Services 2LYSDEC -Stcny Dr~k NYSDEC - Albany ~rC_ Dept. o~Imab3~ = of E~ ~N.Y.S. Dept. of Transportation * Maps are enclosed for your. review Coordinating agencies 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 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 John A. Keogh, Secretary Mattituck Fire District Pike Street Mattituck, New York 11952 Dear Mr. Keogh: Enclosed please ~ind (2) surveys for . W needed. Please s~ecif~ _L ...... ether any firewells a will be needed. ~ ~ wn~caer sna±±ow wells or electric wel~ Please reply .by ~__~ 199~ Thank you for your COoperation. · enc. / Verv 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 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: James Richter, Road Inspector Bennett Orlowski, Jr., Chairman ~o~./~ Review of Short Environmental Assessment Form Proposed site plan for Daniel C. Mooney 1600 Main Road, Mattituck SCTM# 1000-140-3-37 DATE: April 9, 1992 Please complete part two of the attached SEAF. If you have any questions, please contact Robert Kassner of this office. Enc. cc: Raymond Jacobs, Highway Superintendent PROJECT [,D. NUMBER 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) SEQR 1. APPLICANT/SPONSOR I 2. PROJECT NAME DANIEL 3. PROJECT LOCATION: Municipality SOUTI{OL]) County SUFFOLK 4. PRECISE LOCATION (Street address and roadqntersecUons, prominent landmarks, etc., or provide map) 11520-11600-11700 MAIN ROAD MATTITUCK, N.Y. 11952 SOUTH OF FACTORY AVENUE SCTAX MAY 1000;122;34 &5 "5. ~S PROPOSED ACTION: [] New [] Exoansion [~ ModiRcaRonlalteratlon 6. DESCRIBE PROJECT BRIEFLY: i. EXPAND COOLER ON BEVERAGE STORE 2. REMOVE COOLER FROM WEST SIDE BEVERAGE.STORE 3. MOVE HOUSE 11600 MAIN ROAD TO REAR OF 11700 MAIN ROAD AND COVERT HOUSE 11600 MAIN ROAD TO OFFICE USE (SEE ATTACHED LETTER) ?. AMOUNT OF LAND AFFECTED: IniRa~ly acres Ultimately acres S E E S I TE PLAN 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 [] Commercial [] Agriculture [] Park/Forest/Open space [] Other THE TWO HOUSES ON THE SITE ARE PRE EXISTING NONCONFORMING STATE OR LOCAL)? [] Yes [] No If yes, list agency(s} and permit/approvals BUILDIG PERMIT l!. DOES ANY ASPECT OF THE AC/iON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If yes, list agency name and permit/approval REPLACED WINDOWS IN 11600 MAIN ROAD, PERMIT FROM TOWN OF SOUTHOLD BUILDING DEPT. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []]No MOVE HOUSE AND CHANGE OV ][SE. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppllcanUsponsor name: DANIEL C. MOONEY Date: 2/?5/9? LIf thecoastaI Assessment Form before proceeding with this assessment OVER 1 action is in the Coastal Area, and you are a state agency, complete the PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYp~ ~ . , I-~ Yes I~No IN 6 NYCRR, PART 6,?.127 ~w process and us. ih. FULL'~ B. W~LL ACTtON RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 65?.6? If NO. a negative declaratlorl may be superseded by another Involved agency. C. COULD ACT/ON RESULT IN ANY ADVERSE EFFE~s ASSOCIAT . CI. Existing ai~ quality, surface or grOu.dwa e, nuali ..... ~ ~IT./HE FOLLOWING. (Answers may be bandw, ten. I, le .o,..,,., fo~ erosion, drainage or flooding problems? Explain brieft~or C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:. C3. Vegetatfon or fauna, fish, shellfish or wildlife species, significant habitats, or tbreatened or endangered species? Explain briefly: C5, Growth, subsequent development, or related activities likely to be induced by the procosed action? Explain briefly. C6. Long term. short term, cumulative, or other effects not ]denlified 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 bdefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) ~ INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, importanl 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. f--I Check this box if you ~ave identified one or more potential, .... --'~... ~ [] ~ChCeUcr~ Ifil;un ~;c~fe~oduir;:~leY ~ !he ~ULL EAF and/or prepa;[ ~Urpgoes~t~v:'gd~icf :raan;toand. verse impacts which MAY J y eterm~ned, based on the in[ormalion and analysis above and any supportm documentation, that the proposed action WILL NOT result in any significant adverse environmental impactsg AND provide on attachments as necessary, the reasons supporting this determination, it~s~J~mP~rat[~sgI PLANNING ERS George l~chi~Latham, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 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 John A. Keogh, Secretary Mattituck Fire District Pike Street Mattituck, New York 11952 Dear Mr. Keogh: SOUTHOLD TO?. PLANNING ~~'Encl°sed please~ind (2) surveys for , ~ eeded. Please s~ecif- _~ ..... ether any firewells will be needed. ~ 3 waucner sna±low wells or electric wel~ Please reply ~Y /~/~? 199~ Thank you for your cooperation. _, Very trs ou s, / Bennett Orlowski, j~. ~ Chairman enc. GENTLEMEN: .~HE BOARD OF FIRE COMMISSIONERS OF THE MATTITUCK FIRE DISTRICT RECOMMEND THE PLACEMENT OF AN APPROPRIATE FIRE WELL IN THE AREA ON THE NORTH/EAST CORNER OF THIS PROPERTY (AS MARKED) AS PER THE SPECIFICATIONS FOR FIRE WELLS ON FILE IN YOUR OFFICE. (,, 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 A. Keogh, Secretary Mattituck Fire District Pike Street Mattituck, New York 11952 Dear Mr. Keogh: $0UII-10tD?0%' PLANNING BOA~ ~ Enclosed please~find (2) surveys for , / Please noti hether any firewells are wn~ebd~ nPelee~.specify whether shallow wells or electric wells Please reply //~7 199~ Thank you for your cooperation. - , ~Bennett Orlowski, j~i~ Chairman enc. GENTLEMEN: ~HE BOARD OF FIRE COMMISSIONERS OF THE MATTITUCK FIRE DISTRICT RECOMMEND THE PLACEMENT OF AN APPROPRIATE FIRE WELL IN THE AREA ON THE NORTH/EAST CORNER OF THIS PROPERTY (AS MARKED) AS PER THE SPECIFICATIONS FOR FIRE WELLS ON FILE IN YOUR OFFICE. Board oi Fir~ Cornm/saion~s Mattituc~: Fire D~strict P.O. Box 6~6 Matt~tuck, N.Y. 1195~ 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 II971 Fax (516) 765-1823 April 7, 1992 Daniel C. Mooney North Fork Beer & Soda P.O. Box1529 Mattituck, NY 11952 Dear Mr. Mooney: RE: Proposed site plan for North Folk Beer & Soda SCTM$ 1000-3-4 & 5 The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 6, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Chairman SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTMg: COMMENTS: SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: MAR 2 4 ~ SOU~HO, D PI.,%NMi~ BOARD SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: 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 25, 1992 Daniel C. Mooney North Fork Beer & Soda P.O.Box 1529 Mattituck, New York 11952 Re: North Fork Beer & Soda S/s Main Road (S.R.25), 509' east of Bay Avenue, Mattituck, N.Y. SCTM # 1000-122-3-4 & 5. Dear Mr. Mooney: This is in response to your letter of February 21, 1992, in which you asked that the Planning Board for guidance on how to proceed with merging two of your lots and obtaining permission to convert a residence to an office. The appropriate course of application with this office. earlier today. action is to file a site plan A copy of same was given to you I look forward to receiving your application. Sincerely, cc: Bennett Orlowski, Jr. Chairman Victor Lessard, Principal Building Inspector Gary Fish, Building Inspector 298-8971 298-9114 11520 Main Road Mattituck, N.Y. 11560 February 26, 1992 Planning Board Town of Southold P.O. Box 1179 Southold, N.Y. 11971 Attn: Mr. Bennett Orlowski, Re: North Fork Beer & Soda Suffolk County Tax Map 1000-122-03-04-05 Dear Mr. Orlowski, I have filed for a building permit for the white house. This is to clear up some prior work that was done and to install a shower etc. As you may be aware this house is a pre-existing non- conforming use. It was an illegal boarding house for some time with some five people living there but had been empty for about a year. It would be more in keeping with the area if the use was changed. I have requested Roderick Van Tuyl to prepare a formal site plan for submission to the Planning Board. That site plan will generally be in accord with the sketch which you reviewed on January 13, 1992 and the comments in your letter of January 16, 1992. I am enclosing herewith the short form environmental Assessment and I will forward the proposed site plan to the Planning Board when Mr. Van Tuyl completes it. The site plan will show the following: 1) The proposed addition to the cooler at the rear of the beverage store. 2) An access door and covered passageway from the warehouse directly into the store. 3) Landscaping r PLANNING BO t Page 2. Planning Board February 26, 1992 4) A propane tank. For the present time the tank would only be used to fill our propane tanks (which we use on the forklifts). Ultimately we would like to sell propane to the public. house) once and we would require time to complete the task. appreciate the Board agreeing to this time table; 5) A change of use for the white house (now a blue from residential to professional office. 6) Move the house behind the yellow house. Obviously in this economy we cannot do all of this at We would 1) Merge lots 3 & 4 2) Add on to the cooler and access to the store 3) Change the use of the house to professional office 4) Move the house within 48 months 5) Install the parking within 54 months 6) Landscape within 60 months. 7) I would again ask the board to consider the comments on the propane tank which I made in my most recent letter to you. Perhaps I am wrong but I do not see the change in the 1989 Code which makes the sale of propane different now then in 1984 when Agway obtained their permit without Z.B.A. approval. Thank you for your anticipated cooperation. DCM:jb Very~yours, Daniel C. Hoon~ey TO D S L~Y Southold, N.Y. 11971 (516) 765-1938 ~' ' SOUTHOLD TOWN k..- PLANNING BOARD APPLICATION FOR CONSIDERATION OF SITE PLAN Date of Application Filing Fee Date Rec'd New Use Change of Use Re-UseX Extension of Existing Use Revision of an Approved Site Plan (Date of Approval Other Specif~ X Name of Business or Site NORTH FORK BEER & SODA DISTRIBUTORS INC. Location of Site 1000 1223445 Address of Site, if available 11520-11600-11700 Name of Applicant DANIEL & MAUREEN M00NEY Address of Applicant 480 RABBIT LANE~ EAST MARION, N.Y. Telephone 298-9114 Person to be responsible for Construction OWNER Telephone 298-9114 Applicant's interest in site-check one: Crwner of Land Under contract to purchase ~ner of Fee Title to Land APPLICA~T~ Address Telephone 298-9114 Site Plans Prepared by R. VAN RUYL License No. LS 25626 Address FRONT STREET,GREENPORT Telephone 477-0170 ********************* Total Land Area of Site Sq. Ft. Zone District BUSINESS Existing Use of Site MI~ED RESIDENTIAg~r~S~se of SiteS~ ATTACHED Gross Floor Area of Existing Structure(s)SEE SURVE~qft. sqft~ETTER Gross Floor Area of Proposed Structure(s) sqft., sqft. Percent of Lot Coverage by Building(s) SEE SURVEY % Percent of Lot for Parking (where applicable) % Percent of Lot for Landscaping(where applicable) SEE SURVEY % 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? NO If so, have proper permits been obtained? Number and Date of permit issued NO ACTION (EXCAVATION OR CONSTRUCTfON) MAY BE UNqDERTA/iEN UNTIL APPROVAL OF SITE PLAN BY THE PL~/~NING BOAtAD. APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK DANIEL.C. MOONEY being duly sworn, deposes and says that he resides at 480 RABBIT LANE, EAST MARION. GREENPORT in the State of New York, and that he is the owner of the above property, or that he is the of the (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 Sworn to before me this ~ day of MARCH (Notary Public) 19 92 (Owner) Signed (Partner or Corporate Officer and Title) PROJECT I.D. NUMBER I 617.21 I 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) SEQR 2. PROJECT NAME I. APPLICANT/SPONSOR DANIEL ~_ MAUREEN Mf/~M~Y 3. PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4. PRECISE LOCATION (Street address and road'intersections, prominent landmarks, etc., or provide map) 11520-11600-11700 MAIN ROAD MATTITUCK, N.Y. 11952 SOUTH OF FACTORY AVENUE SCTAX MAY 1000;122;34 &5 5. IS PROPOSED ACTION: [] New [] Expansion [~ Modiflcationlalteration 6. DESCRIBE PROJECT BRIEFLY: i. EXPAND COOLER ON BEVERAGE STORE 2. REMOVE COOLER FROM WEST SIDE BEVERAGE. STORE 3. MOVE HOUSE 11600 MAIN ROAD TO REAR OF 11700 MAIN ROAD AND COVERT HOUSE 11600 MAIN ROAD TO OFFICE USE (SEE ATTACHED LETTER) ?. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres SEE SITE PLAN 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 [] Commercial [] Agriculture Describe: THE TWO HOUSES ON THE SITE ARE PRE [] ParkJForestlOpen space [] Other EXISTING NONCONFORMING 10. DOES ACTION INVOLVE A PERMIT APPnOVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~Yes [] No If yes, list agency(s) and permit/approvals BUILDIG PERMIT 11. DOESANYASPECTOFTHEACTIOt~HAVEACURRENTLYVALIDPERMITORAPPROVAL? []Yes []No Ifye~,llstagencynameandpermitlapproval REPLACED WINDOWS IN 11600 MAIN ROAD, PERMIT FROM TOWN BUILDING DEPT. OF SOUTHOLD 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~Yes []No MOVE HOUSE AND CWANG~ ~¥ .~_ I CEmTIFY THAT THE INFORMATION PROVIDED AeOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature: DANIEL C. MOONEY Date: 2/25/92 If 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 PART II--ENVIRONMENTAL ASSE~MENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL FAF. []Yes ~]No B. WILL ACTION RECEIVE COORDINATED REVlE~N AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 may be superseded by another involved agency. [] Ye~ [] No If No, a negative declaration 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 quality or quantity, noise levels, existing traffic patterns, soUd waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: N0 C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: N0 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? Explain briefly N0 C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. NO 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. N0 D. 1S 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 adverseeffect 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 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 act[on WILL NOT result in any. significant adverse environmental impacts AND provide on attachments as necessary, the'~easons supporting this determination: Name of Lead Agency Print or Ty~e Name of Responsible Oflicer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Date 2 Signature of Preparer (If different from ;esponsible officer) 11520 Main Road Mattituck, N.Y. 1 t560 298-8971 298-9114 February 21, 1992 Planning Board Town of $outhold Town Hall Southold, N.Y. 11971 Attn: Ms. Valerie $copaz Dear Valerie, Re: S.C. Tax Map 1000 - 1222-3-4 As per our conversation of this morning I regret to inform you that we must abandon the proposals we have informally discussed, i.e. moving the house, revamped parking, landscaping, limited access and installation of the propane tank. However we would like to do the following: 1. Convert the white house (now blue due to vinyl siding) to an office. requested survey. 2. Install an addition to the cooler as originally i.e. approximately 24' x 24' as noted in red on the 3. Remove the beer cooler on the west side beverage store as noted. 4. Add 3 parking spaces behind the blue house. of the Page 2. February 21, 1992 We are willing to merge the two lots i.e. the house and the store/warehouse to accomplish this. Please advise me as to your requirements. As always your assistance and the assistance of the board and staff is apppreciated. Thank you for your courtesy. DCM:jb Very truly yours, Daniel C. Mooney 90.~5 ~-L4~ 56E. \ f ~.YCLONI:' --~ ~. 48~3¢',,4: 95,o . ' ~C~O~hCCf fAN"' o . ¢. DATA.: l ',-,'.,'.,'.,'.,'.300 - 12_.,_~-'~ ;4. ¢5; SOUTHOLD TOYVN PLANNiNG'B,OA,RD . 11520 Main Road Mattituck, N.Y. 11560 298-8971 298-9114 Hon. Bennett Orlcwski Chairman Planning Board Town of Southold P.O. Box 1179 Southold, N.Y. 11971 February 14, 1992 BOARD Dear Mr. Orlowski, Re: Your letter of February 7, 1992 Thank you for your letter. However, we have not requested permission for "retail propane tank sales" or a "second principal use" at the above site as your letter indicates. We have requested permission to install a 1000 gallon propane tank, completely in compliance with all State and Local ordinances, which will allow us to sell an additional product at retail, an allowed use now as it was allowed in 1984. I would appreciate someone pointing out the relevant change in the 1989 zoning code that make an application to the Z.B.A. critical when that was not critical under the code in effect in 1984. Perhaps I have overlooked something but I fail to see the distinction. " It is not my intention to give the Planning Board a difficult time. You and your staff have shown me extreme courtesy which I appreciate. Since we purchased this property and business we have spent numberless hours and substantial sums of money to improve both the exterior and interior of all three parcels. When the Planning Board approached us and asked us to cooperate in a "mini-master plan" for the area we were the only ones who agreed and committed ourselves to spending a great deal of money (in this less than wonderful economy) including moving a house; changing ingress and egress, adding additional parking, installing new lighting and landscaping, etc. ~etc. The only thing we have asked in turn is that we be treated the same as everyone else. There is absolutely no legal basis for requiring Z.B.A approval. The law did not change between 1984 and 1992. Further, you should be aware of the fact that early on I was told that the Zoning Board of Appeals would not consent. Hence you can understand my extreme reluctance to submit to their jurisdiction. Again if someone can demonstrate or point out the relevant Section (s) I will be happy to review my position. As always thank you for your consideration. DCM:jb CC: Matthew Kienan Victor Lessard Harvey Arno~ Gerard Gerringer Very truly yours, Daniel C. Mooney 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 February 7, 1992 Daniel C. Mooney North Fork Beer & Soda P.O.Box 1529 Mattituck, New York 11952 Re: North Fork Beer & Soda S/s Main Road (S.R.25), 509' east of Bay Avenue, Mattituck, N.Y. SCTM # 1000-122-3-4 & 5. Dear Mr. Mooney: This is in response to your letter of January 29, 1992, in which you asked that the Planning Board withdraw its assertion that an application be made to the Zoning Board of Appeals for permission to install retail propane tank sales as a second principal use of the site. In support of your position you submitted documentation that showed that the Building Department had issued a permit for a similiar use at the Southold Agway site in 1984. After review of the documentation, we find that our position (that you apply to the Zoning Board for relief) remains unchanged. The 1984 permit was issued under the Zoning Code that was in effect at that time. However, this Code was amended in 1989. Under this Code, it has been determined that the proper course of action for you to follow is to apply to the Zoning Board of Appeals. I hope this answers your question. Sincerely, Bennett Orlowski, Jr. Chairman cc- Harvey Arnoff, Town Attorney · Matthew Kiernan, Assistant Town Attorney Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Zoning Board of Appeals North Fork Beer & Soda 11520 Main Road P.O. Box 1529 Mattituck, N.Y. 11952 January 29, 1992 Planning Board, Town of Southold, Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Gentlemen: I am in receipt of Bennett Orlowski, Jr's. letter of January 16, 1992 for which I thank you. Within the next few days I intend to submit an application for the building permit for the addition to the "cooler". I am agreeable to change the orientation of the propane tank if the Building Department believes a different orientation would be more appropriate. Today I examined the Agway of the Southold file in the building department. That file revealed that owner obtained Zoning Board of Appeals approval to install gasoline tanks in 1977 and was issued Permit # 92262 for the installation of the gasoline pumps and tanks. However in 1984 Synergy Gas, applied for and obtained permission to install a 1000 gallon propane tank. The building permit application stated that the existing use and occupancy of the premises was retail and warehouse and the intended use and occupancy was retail and warehouse. The applicant was not required to obtain a variance from the Zoning Board of Appeals in order to install and sell propane at retail although obviously this was an additional product which was going to be sold by Agway. As I was reviewing the file Valerie Scopaz happened by and I called the application to her attention. In light of the fact that a prior applicant for a similar installation was not required to seek Zoning Board of Appeals consent, I would appreciate your reconsidering your position that Z.B.A. aprroval is necessary. ./ pg. 2 Additionally, I believe that the only other business engaged in the sale of propane in the Town of Southold is C.F. VanDuzer Gas Service, Inc. located on the North road in Southold. From the sign in front of that business it appears that there are two principal uses being carried on at that location, C.F. VanDuzer Gas Service, Inc. and VanDuzer Appliance Co. Inc. Has Z.B.A. approval been deemed necesary since they sell propane at retail? As you are aware it is not our intention to operate a second business on the above premises but merely to add another retail product much like Agway added the sale of propane to its existinq products. Your consideration of the above would be greatly appreciated. Thank you for your continued courtesy. CC: Matthew Kiernan Victor Lessard Ver~truly yours, Moone~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: ...... ...... ............ ...... ~?~,~......~...~<~.~ ...... ..~.~..~..~z.o.~::~ .... ~ ,~, .,: . . /1,..,-,.~ .... ~../.(Z,,Z.z.(,~-,....~..~ ,.......~..:..~. .............. ,~..~.~ ...-.g..::.,d ?.d,~ ...... ~..'-__.~zc ........... ~,u~...~,.....~..,~...~., ......................................... at premises located ot County Tox Mop No. 1000 Section ....~....(?.'...~. ....... Block ...~..f.. ........... Lot No...~...~....~-~... ...... pursuant to opplicotion doted ..~.,.~..~.,~..~'.'. ........ (...'.~.. ............ , 19~,.?...~., and approved by the Building Inspector. B'uilc~g Inspector Rev. 6/30/80 RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 76§-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICI~ER ENGINEERING INSPECTOR 765-3070. MEMORANDUM TO: FROM: Bennett Orlowpk~, Jr. Chairman, Planning Board James A. Richter SUBJECT: DATE: Short Environmental Assessment Forms As per your request, enclosed please find the short environmental assessment forms for the above referenced projects. Please be advised that Part II! of this form still requires your signature and related information. If you have any questions please do not hesitate to call. enc. PROJECT I.D. NUMBER 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) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME DANIEL ~_ MAUREEM H(~(3MEy 3. PROJECT LOCATION: Munlcl0ality SOUTHOLD County SUFFOLK 4. PRECISE LOCATION (Street address and ~'oad'intersections. prominent landmarks, etc., or provide map) 11520-i1600~11700 MAIN ROAD MATTITUCK, N.Y. 11952 SOUTH OF FACTORY AVENUE SCTAX MAY 1000;122;34 &5 5. tS PROPOSED ACTION: [] New [] Expansion ~] ModificatlonlaReratioll 6. DESCRIBE PROJECT BRIEFLY: l. EXPAND COOLER ON BEVERAGE STORE 2. REMOVE COOLER FROM WEST SIDE BEVERAGE.STORE 3. MOVE HOUSE 11600 MAIN ROAD TO REAR OF 11700 MAIN ROAD AND COVERT HOUSE 11600 MAIN ROAD TO OFFICE USE (SEE ATTACHED LETTER) ?. AMOUNT DP LAND AFFECTED: Initially acres Ultimately acres SEE SITE PLAN 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] NO If NO, describe briefly WHAT 'S PRESENT L~ND USE 'N V,C,N,TY OF PROJBCT? [] Residential [] IndustriaJ [] Commercial [] Agriculture Descr*be: THE TWO HOUSES ON THE SITE ARE PRE [] Park/Forest/Open space O Other EXISTING NONCONFORMING 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~ Yes [] NO II~ yes, list agency(s) and permit/approvals BUILDIG PERMIT II. GOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If yes, iisi a0ency name and permit/approval REPLACED WINDOWS IN 11600 MAIN ROAD, PERMIT FROM TOWN OF SOUTHOLD BUILDING DEPT. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? [~'Yes []No MOVE HOUSE AND CHANCE NV lIRE. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE 1S TRUE TO THE BEST OF MY KNOWLEDGE AppllcanUsponsor name: Signature: __ DANIEL C. MOONEY Oate: ?/75/92 If 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 FAHI II--ENVIRONMENTAL ASji~SMENT (To be completed by Agency) .:. ~-....,...-., A. DOES ACTION EXCEED ANY TYPEqI~I~RESHOLD~ 6 NYCRR, PARr 6t?,127 [] Yes ~[No If yes, coordinale me rewew process and use the FULL E~A~. B. WILL ACTION RECEIVE COORD~"~INATED REVIEW AS PROVIOED FOR UNLISTED ACTIONS IN § NYCRR, PART may be superseded by another involved agency. ~ Yes [] NO It NO. a negative cieclaratlo-"~- C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten tt legible) Cl. Exlstinq air qualify, surface or grOUndwater quality or quantity, noise levels, existing IraUlo patterns, solid waste pro~uction or disposal° potential for erosion, drainage or flooding problems? Explain briefly: ' C2. Aesthetic, agriCultural, archaeological, his oric, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetallon or fauna, fish, shellfish or wildlife species, significanl habitats, or threatened or endangered species? Explain briefly: NO NO C5. Growth, subsequent development, or related activities likely rD be induced by the proposed action? Explain bnelly. No O. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes J~No It Yes, explain b'~elly PART gI~DETERMINATION 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 etfect should be assessed in connection with its (a) setting (i.e. Urban or rural); (bi probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (ti magnitude. It necessan/, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevanl adverse Impacts have been identified and adequately addressed. [] Check this box if you have identified one or more -- ' -- occur. Then proceed directly to the FULL potentially large or significant adverse impacts which MAY ~[ Check this box if you have determined, EAF and/or prepare a positive declaration. · 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: 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11071 TEL.: 7654803 )isapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDIhlG PERMIT INSTRUCTIONS Date ................... .~.~/q 19 ~..y a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 :ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ~r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Buildiug Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or (egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. ?he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ,dmit authorized inspectors on premises and in building for necessary,inspections..~' · ""< < -~,, ..c~z,,,,,e~y_ ,r,~.~ ~a,,e." ~.'.~--..~a'~;i.~ap~lic'/fii'°r--/'nh'de" i; '~ 'cg;~;/a't;~)_ ..,. .... (Mailing ad'r/ess of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........... ................................................... Name of owner of premises ........ ~ ' · ............. ~"~' ' '~' '~'/~ '"~' (as on the tax roll or latest deed) If applicant is a corpor~a.tion. ~of duly authorized officer. --z,,/,//,.--~qS._./-'- ~ .-. (Name an~ti't-ie of~forpor~o~ficer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................................. ....... < ;zo ............ <, .................. e. : . .. ............. House Number Street Hamlet County Tax Map No. 1000 Section t~ ~ Block ~'! Lot ~ ~'~ SubdMsion ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing rise and occupancy ...~./-.'~..~..~-.l../,,..?~...,~..~..~..~ .~..zff...~..~.'' .................................. .... b. Intended use and occupancy ........ ........ ..- .- ........ 3. Nature of work (check which applicable): New Building ..... ' ..... Addition .......... Alteration .......... Repmr ............. .~..R.~mo~ ~1 ............. Demolition O t h er Wo rk.~t~'~..~ · 4't'.~q~..~c- t, ,~. ',z'rtr,'e-~ ~: 7-~'~ ~' .n,~.£~/0'~ 'r'6',,~/'t4"~'~. (Description) 4. Estimated Cost ......... ~ ........................ Fee . ,'~-.'../..°:.:..T~.. .......................... "- (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, uumber of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ...................... ?. Dimensions of existing structures, il' any: Front ............... Rear .............. Depth ............... lteight ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...... i ............... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... tteight ............... Number of Stories ........................................................ 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 3. Date of Purchase ............................. Name of Former Owner ............................. 1. Zone or use district in which premises are situated ......................................................, 2. Does proposed construction violate any zoning law, ordinance or regulation: ........ ,~. .................... 3. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 4. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ..; ........................ Address ................... Phone No,..0 .... . ........ Name of Contractor .......................... Address ................... Phone N~[.~'.~,).~.~..~. .~'~.~.~.... PLOT DIAGRAM Locate clearly and distinctly 'all buildings, whether existing or proposed, and. indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether ~terior or corner lot. TATE OF NEW YORK, S.S 'OUNTY OF ................. ....... . ......................................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bove named. le is the ......... . ................................................................................ (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the /ork will be performed in the manner set forth in the application filed therewith. ;worn to before me this .......... l.~f..~...~ ...... day of .... 4otarv Public ....................... County North Fork Beer & Soda 11520 Main Road P.O. Box 1529 Mattituck, N.Y. 11952 January 29, 1992 Planning Board, Town of Southold, Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Gentlemen: I am in receipt of Bennett Orlowski, Jr's. letter of January 16, 1992 for which I thank you. Within the next few days I intend to submit an application for the building permit for the addition to the "cooler". I am agreeable to change the orientation of the propane tank if the Building Department believes a different orientation would be more appropriate. Today I examined the Agway of the Southold file in the building department. That file revealed that owner obtained Zoning Board of Appeals approval to install gasoline tanks in 1977 and was issued Permit ~ 92262 for the installation of the gasoline pumps and tanks. However in 1984 Synergy Gas, applied for and obtained permission to install a 1000 gallon propane tank. The building permit application stated that the existing use and occupancy of the premises was retail and warehouse and the intended use and occupancy was retail and warehouse. The applicant was not required to obtain a variance from the Zoning Board of Appeals in order to install and sell propane at retail although obviously this was an additional product which was going to be sold by Agway. As I was reviewing the file Valerie Scopaz happened by and I called the application to her attention. In light of the fact that a prior applicant for a similar installation was not required to seek Zoning Board of Appeals consent, I would appreciate your reconsidering your position that Z.B.A. aprroval is necessary. pg. 2 Additionally, I believe that the only other business engaged in the sale of propane in the Town of Southold is C.F. VanDuzer Gas Service, Inc. located on the North road in Southold. From the sign in front of that business it appears that there are two principal uses being carried on at that location, C.F. VanDuzer Gas Service, Inc. and VanDuzer Appliance Co. Inc. Has Z.B.A. approval been deemed necesary since they sell propane at retail? As you are aware it is not our intention to operate a second business on the above premises but merely to add another retail product much like Agway added the sale of propane to its existing products. Your consideration of the above would be greatly appreciated. Thank you for your continued courtesy. CC: Matthew Kiernan Victor Lessard Ver~truly yours, Daniel C. Moone~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latharn, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-I938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5t6) 765-1823 January 16; 1992 Daniel C. Mooney, Esq. Meyer. Suozzi, English & Klein, 1505 Kellum Place Mineola, New York 11501 PoCo Re: North Fork Beer and Soda SCTM 9 1000-122-3-4.5 Mattituck, New York Dear Mr. Mooney: This is in response to your request for comments on the preliminary site plan sketch that you submitted to our office on January 8, 1992. The sketch has been reviewed by the Planning Board and Victor Lessard, Principal Building Inspector. As explained to you by Valerie Scopaz in her conversation with you on January 15, 1992, the Planning Board finds the sketch to be generally acceptable. The Board would like the site plan to show the potential for future access to the adjoining lot of Bagshaw. Also, it would be helpful if you included the proposed locations of the dumpster(s) and any outdoor lighting fixtures. Victor Lessard has some concerns about the east/west orientation of the propane tank, which can be addressed after you make the application for site plan approval. As discussed on the telephone, the Planning Board can proceed with an application to amend the existing site plan in order to expand the existing cooler and to relocate the white house. However, an application to add the propane tank use will have to be preceeded by an application to the Zoning Board of Appeals for permission to have it as the second principal use. If you have any questions, please do not hesitate to contact the office. Sincerely, Bennett Orlowski, Jr. -- Chairman cc: Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman, Zoning Board of Appeals Encl. SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM~: COMMENTS: t MEYER, SUOZZl, ENGLISH ~, KLEIN, P.C. COUNSELORS AT LAW 1505 KeLLUM PLACE November 20, 1991 BY 'l',:~ .RFACSIM~.W. TRANSMISSIfIN AND Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: North Fork Beer & Soda Distributors, Inc. 11520 Main Road, Mattituck, New York Gentlemen: I wish to thank you for your genuine concern and for the assistance of both you and your staff aides in attempting to resolve the matter of our obtaining the building permits for which we applied in March 1991. Unfortunately, it appears that no matter what we agree to or what we are willing to do we cannot obtain the building permits to which we are entitled. Hence, we are going to proceed without a permit to complete the required work and we are abandoning the plans we had discussed to up-grade the entire three parcels. Possibly some time in the future we will be able to work together again. Very truly yours, Dan~M~on~ey~ DCM/veo 6942 L MEYER. ,SUOZZI. ~'NGLtSH ~ ~{L[IN. ~,~J N EO LA. N.Y. November 20, 1991 Planning Board Town of $outhold Town Hall Main Road Southold, New York 11971 I Re: North Fork Beer & Soda Distributors, ~I._~2.Q M.ain Road, .Mattituck, New Gentlemen: a .' ~ I wish to thank you for your genuine concern and for the SSlStance of both you and your staff aides in attempting to resolve the matter of our obtaining the building permits for which we applied in March 1991. Unfortunately, it appears that no matter what we agree to or what we are willing to do we cannot obtain the building permits to which we are entitled. Hence, we are going to proceed withou~ a permit to complete the required work and we are abandoning the plans we had discussed to up-grade the entire ~hree parcels. Possibly some time in the future we will be able to work together again. Very truly yours, 1 Daniel c. Mooney DCM/veo 6942 M'EYER, SUOZZI, ENGLISH & KLEIN, P.C. Counselors At Law 1505 Kellum Place Mineota, New York 11501 (516) 741-6565 (212) 227-5511 Facsimile: (516) 741-6706 FACSIMILE TRANSMISSION COVER SHEET Number of Pages (including cover): Description of Document: COMMENTS: IF YOU DO NOT RECEIVE ALL THE MATERIAL BEING TRANSMITTED, PLEASE CALL OUR TELECOPY OPERATOR AT (516) 741-6565. · INSPECTORS Victor Lessard Pri.ncipal 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 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 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: Valerie Scopez, Planning Board Victor Lessard, Building Department Mooney Business in Mattituck (Bevera, November 14, 1991 I have gone over the things discussed at the meeting we had earlier this week with Mr. & Mrs. Mooney, and will try to address what I consider should be resolved. ~1. Property now has a permitted use i.e. Beverage Business. It also has a non-conforming residence (property being merged) 3. Desires to add to existing ice storage structure. 4. Wishes to install propane use as an accessory. 5. Will eventually move residence to third lot. Speakes for itself as a permitted established use. The "white house" must be removed or rendered non-habitable to remove a use status. A building permit would be required to add to ice storage structure after relief from conditions set by Z.B.A. previously, plus an approved site plan (amended) from Planning Board. Page "2" To install a propane use, is considered a principal use and would require action by Z.B.A. because of bulk and parking requirement in code plus Planning Board Approval. "white building" could not be moved to third lot unless the "yellow dwelling" was rendered non-habitable also. The law does not allow for expanding non-conformities without action by Z.B.A. Please keep in mind that nothing has been filed with the building department (as of this date) and anything at this point is for guidance only. The Business Zone has many permitted uses but by bulk & parking it specifies lot area to sustain such uses under the Zoning Code. ~/i 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 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 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: Valerie Scopez, Planning Board Victor Lessard, Building Department Mooney Business in Mattituck (Bevera~ November 14, 1991 I have gone over the things discussed at the meeting we had earlier this week with Mr. & Mrs. Mooney, and will try to address what I consider should be resolved. · '1. Property now has a permitted use i.e. Beverage Business. e It also has a non-conforming residence (property being merged) 3. Desires to add to existing ice storage structure. Wishes to install propane use as an accessory. Will eventually move residence to third lot. Speakes for itself as a permitted established use. The "white house" must be removed or rendered non-habitable to remove a use status. A building permit would be required to add to ice storage structure after relief from conditions set by Z.B.A. previously, plus an approved site plan (amended) from Planning Board. Page "2" To install a propane use, is considered a principal use and would require action by Z.B.A. because of bulk and parking requirement in code plus Planning Board Approval. "white building" could not be moved to third lot unless the "yellow dwelling" was rendered non-habitable also. The law does not allow for expanding non-conformities without action by Z.B.A. Please keep in mind that nothing has been filed with the building department (as of this date) and anything at this point is for guidance only. The Business Zone has many permitted uses but by bulk & parking it specifies lot area to sustain such uses under the Zoning Code. DANIEL and MAUREENMOONEY C/O NORTHFORK BEER & ~OD~ DISTRIBUTOR 11520 Main Road Mattituck, New York 11952 October 21, 1991 Town of Southold Planning Board Town Hall P.O. Box 1179 Southold, New York 11971 Attention: Mr. Bennett Orlowski Re: Northfork Beer and Soda Suffolk County Tax Map Nos. 1000-122-03-04-05 Dear Mr. Orlowski: We have reviewed the proposed plan which was prepared by Frank Notaro and which also included properties to the west of the above-referenced lots. A copy of the Notaro diagram is annexed hereto. I have been led to understand that at present the owner of the property to the west does not wish to proceed with the plan of the type that Mr. Notaro recommended. This letter will confirm the fact that my wife and I, the owners of the above-referenced real property are agreeable to implementing a plan along the lines which you have suggested. However we would need to make the following changes which I have outlined on the plot plan in red: 1. We need access for a refrigerated truck to make deliveries of ice. (No. 1 on the plan). door and the 2. We need access to the warehouse dumpster (No. 2 on the plan). 3. We are agreeable to moving the white.hou~e_,~ ~r to th? area enumerated as N~. 5 on the plan. Beg.{9~~ ~ we wlll only use the white house for an~ ~.~0~ ~ Town of Southold Planning Board Attention: Mr. Bennett Orlowski October 21, 1991 Page Two 4. We shall provide the parking spaces as designated on the plan, but since the adjoining property to the west is not included in this plan we would need ingress and egress from the area enumerated as No. 6 on the plan and we would broaden this entrance and exit sufficient for this purpose. 5. We would need permission to fence in and erect an awning over the area enumerated as No. 7 since at present the bottle and can storage area is located in the area designated as No. 8. We need sufficient covered and enclosed space for the storage of the empty cases before they are returned. 6. We will remove the cooler designated as No. 3 on the plot plan as soon as we expand the present cooler. With respect to the applications pending before the Board, we would request the following: 1. We will expand the cooler a little larger than the original survey showed. (This would still be within the allowable coverage on the merged lots.) The original survey we submitted shows the new cooler to be 15 feet by 24 feet. We would like to make it 24 feet by 24 feet. 2. We would like to install a propane tank as soon as possible at No. 9 with the understanding that once the plan is implemented, we would move the propane to the location specified as No. 10 on the plan provided the building department okays the site. We will implement the plan in the following stages: 1. We will merge the two lots. 2. We would like to immediately obtain a building permit to expand the cooler and install the propane tank. The permit on the propane would be contingent on the following: a) Within the next five years will move the white house to the location specified, take it down or move it to some other location. Until that time the white house will be used only for office space and not used as a residential dwelling. -2- Town of Southold Planning Board Attention: Mr. Bennett Orlowski October 21, 1991 Page Three b) We will install the parking areas as designated with five years and complete the landscaping within the same period of time. We need this "brea=hing space" in order to accomplish all of necessary renovations. As you are aware we have only owned this property for approximately 18 months. Already we have made substantial improvements and intend to continue making improvements. If this meets with your approval we must submit the plan to the mortgagee, $outhold Savings Bank. I see no reason for them to oppose it. Will the building department issue the necessary permits for installation of the propane, expansion of the one cooler and removal of the other? Are we correct that we will not have to apply to the Board of Appeals when we convert the yellow and white house to office or other commercial use even if there is more than one "tenant" or "use"? We have no objection to the Planning Board issuing a contingent approval on all of the above being completed by us in the required period of time. In the event we fail to comply we would be agreeable to the town revoking the permit for propane or whatever other sanctions you believe is appropriate. I would appreciate your advising us if it meets with your approval. Thank you for your courtesy. DCM/mk Very truly yours, -3- MEMORANDUM TO: FROM: DATE: File North Fork Beverage 11600 Main Road, Mattituck SCTM # 1000-122-3-4 & 5 Valerie Scopaz, Town Planner July 11, 1991 Since the receipt of the Zoning Board of Appeals' memorandum of May 21st, 1991, the following has transpired: The Planning Board accepted the offer of architect Frank Notaro to draw a conceptual site plan for four properties on Main Street; two of which are owned by Daniel Mooney. The North Fork Beverage business occupies one of the two parcels. The other two parcels lie to the west of North Fork Beverage. The conceptual site plan was presented to Mr. Mooney on July 1st by the Planning Board. He was receptive to the suggestions and opportunities presented by the plan. On July 3rd, Mr. Mooney stopped in to explain that some minor changes might have to be made to the site plan. The first problem was that because of the present location of the ice machine on the west side of the building, a delivery truck would have to be able to drive through the proposed landscaping in the front yard in order to deliver the bags of ice. The second problem was that the proposed site redesign made it difficult to use his front door access to the bottle return section of the building. He is not sure if he can rearrange the interior layout to compensate for the loss of access at that section of the building. (The weight bearing capacity of the floor is not consistent throughout the building.) The third was that he did not need access to the back door, as suggested by the site plan. Would the Planning Board would have any objections to his making changes in the conceptual layout to address his business needs? On July 10th, the Board reviewed his comments and found that they had no conceptual objections to the proposed changes. They suggested that it would be easier to review drawings showing the changes. Also, they endorsed the idea of relocating the ice machine near the parking area to facilitate access by the delivery truck. On Julyllth, I called Mr. Mooney to let him know that the Board was open to minor alterations to the conceptual plan. I also told him that he would have to make those changes on his own, through the site plan application process. He also was told that Frank Notaro had prepared the plan for the Planning Board free of charge. Therefore, the Board would not ask him to do further work on Mr. Mooney's section of the plan. However, if he wants to make an application, he is free to retain Mr. Notaro to draw a detailed site plan. However, he is not obligated to use Mr. Notaro's services. Mr. Mooney said he understood. First he would like to talk with Harvey Bagshaw about the proposal after Ben speaks with him. I agreed to let him know when Ben had spoken with Mr. Bagshaw. MEYER. SUOZZI, ENGLISH ~ KLEIN, P.C. COUNSELORS AT iAW 1505 KELLUM PLACE MELVILLE N ¥ 11747 May 24, 1991 Mr. Robert Kassner Planning Board Town of Southold Town Hall, Main Road Southold, New York 11971 P/b Re: North Fork Beer and Soda, Inc. Suffolk County Tax Map Section 1000 Block 122r Lots 3~ 4~ and 5 Dear Mr. Kassner: able code. Subsequent to my letter of May 10, 1991, I have been to do some further research with respect to the zoning You may recall in that May 10th letter that I pointed out that section 100-101 of the Town of Southold Code states that property in a Business District may be used "for any uses", except those enumerated in that section. Also in that letter, I argued that this demonstrates that the Code permits multiple uses of a single property and that there is no indication that only one use may be conducted on a single property or that retail sales are in any way distinguished by product. I have now had the opportunity to review the entire zoning code and I believe that I can definitely state that in those districts wherein the Town Board wished to limit the use to a single use for a parcel it has so provided. In particular, I call the Board's attention to Section 100-71 which provides that for a Residential Office District that only one dwelling may be constructed on each lot and, in the Marine 2 District wherein at Section 100-121, the Code specifically provides for one use per 80,000 square feet of land. Planning Board -2- May 24, 1991 The zoning regulations which were adopted by the Town Board are in derogation of the common law and are to be construed against the municipality in determining whether a regulation restricts a particular use of the property. Since there is nothing in the zoning code which prohibits more than one use in the General Business (B) District, it is my belief that the Planning Board cannot withhold its consent from the application which has been referred to it by the building department provided that we comply with all other rules and regulations which I assure you I will do. I believe that the other comments in my May 10, 1991 letter dispose of any other possible objections. In the event that the Planning Board wishes to discuss this with me in person, again, I would be more than happy to appear at your convenience. Thank you for your courtesy in this matter and for your consideration. DCM/am Very truly yours, DANIEL C. 2 8 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dmizio. Jr. Robert h. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF 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: Bennett Orlowski, Jr. FROM: Office of the SBA/A~~.ff'"~ DATE: May 21, 1991 SUBJECT: Your Request - Accessory Uses (Propane sales, etc.) With reference to your request concerning recent ZBA decisions or rulings of interpretation regarding sales uses, principal vs. accessory in a business district, please be aware that it has been the interpretation of the Board of Appeals that an accessory use is one customarily incidental and subordinate to the primary use of a lot and a necessary component of the primary use. In the sample given by you, the premises is located in the General Business (B) Zone, and the primary use appears to be a nonconforming single-family residence. An additional use is being proposed for retail sales of propane (liquid gas), apparently in the rear of the dwelling (without knowledge of exact setbacks) {dwelling use is understood to be the present use status}. It is also believed that there is no application pending within the Town at this time for an application for a building permit to locate such structure, nor an application to merge the two nonconforming business-zoned parcels to allow a greater setback for a future "cooler addition" (which may have been suggested by the planning staff in an earlier step). We are attaching a copy of a recent interpretation requested by previous Town Attorney J. Schondebare concerning accessory buildings and accessory uses in all zone districts except RR) and as they apply under Section 100-33. ~ge 2 May 21, 1~91E ~ lO: Bennett Orl0w~i~ Jr. Please note that although accessory Istorage) buildings may be permitted in the rear yard area, it must be limited to storage use unless otherwise provided, and an accessory building may not be permitted to be occupied with a primary or principal use, unless authorized by the Board of Appeals. For your guidance, a list of uses permitted in an accessory building or structure, which are clearly customary, subordinate, and necessary as a component to the primary use, would normally be: 1) Garden house, tool storage house, other other storage building; 2) Private garage for storage of two automobiles; {ref. 3) Certain signs and, of course, off-street parking areas, subject to the code provisions Section 100-31C(1-8) and Section 100-101C(1)}. It is apparent that a proposed propane (liquid gas) facility for retail sales to the public is a secnndarv Drimarv use since it is not a necessary componen~ o~ eisner the ~Ju~con~o~lng dwelling, nor the beverage distributorship. We hope that the above will help to clarify any questions the Planning Board or its staff may have. In the event the landowner is suggesting that a formal interpretation or other determination from the Board of Appeals is necessary concerning his proposal, the landowner should then be directed through the Building Inspector's Office and follow normal procedures for applications to the Board of Appeals. (A set of variance forms with instructions is attached for distribution, if necessary.) We are providing the Building Department with a copy of this response for their information and files. -lk ~tachment (variance forms) cc: Mr. Victor Lessard, Principal Inspector Matthew G. Kiernan, Assistant Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gfigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF 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: FROM: DATE: SUBJECT: Bennett Orlowski, Jr. . Office of the ZBA May 21, 1991 Your Request - Accessory Uses (Propane sales, etc.) With reference to your request concerning recent ZBA decisions or rulings of interpretation regarding sales uses, principal vs. accessory in a business district, please be aware that it has been the interpretation of the Board of Appeals that an accessory use is one customarily incidental and subordinate to the primary use of a lot and a necessary component of the primary use. In the sample given by you, the premises is located in the General Business (B) Zone, and the primary use appears to be a nonconforming single-family residence. An additional use is being proposed for retail sales of propane (liquid gas), apparently in the rear of the dwelling (without knowledge of exact setbacks) {dwelling use is understood to be the present use status}. It is also believed that there is no application pending within the Town at this time for an application for a building permit to locate such structure, nor an application to merge the two nonconforming business-zoned parcels to allow a greater setback for a future "cooler addition" (which may have been suggested by the planning staff in an earlier step). We are attaching a copy of a recent interpretation requested by previous Town Attorney J. Schondebare concerning accessory buildings and accessory uses in all zone districts (except RR) and as they apply under Section 100-33. ~ge 2 - May 21, 1~)1 ~ ~'o: Bennett Orlow~]~i, Jr. Please note that although accessory (storage) buildings may be permitted in the rear yard area, it must be limited to storage use unless otherwise provided, and an accessory building may not be permitted to be occupied with a primary or principal use, unless authorized by the Board of Appeals. For your guidance, a list of uses permitted in an accessory building or structure, which are clearly customary, subordinate, and necessary as a component to the primary use, would normally be: 1) Garden house, tool storage house, other other storage building; 2) Private garage for storage of two automobiles; 3) Certain signs and, of course, off-street parking areas, subject to the code provisions {ref. Section 100-31C(1-8) and Section 100-101C(1)}. It is apparent that a proposed propane (liquid gas) facility for retail sales to the pu~llc is a secondary primary use ~ it is not a necessary component o~ e~ner the nu~coniormlng dwelling, nor the beverage distributorship. we hope that the above will help to clarify any questions the Planning Board or its staff may have. In the event the landowner is suggesting that a formal interpretation or other determination from the Board of Appeals is necessary concerning his proposal, the landowner should then be directed through the Building Inspector's Office and follow normal procedures for applications to the Board of Appeals. (A set of variance forms with instructions is attached for distribution, if necessary.) We are providing the Building Department with a copy of this response for their information and files. ~9~hment (variance forms) cc: Mr. Victor Lessard, Principal Inspector Matthew G. Kiernan, Assistant Town Attorney DANIEL C. MOONEY , / // It ', / AMEND~EO~ .N~ I~t Z~,~_J ) AlVIn. MEYER, SUOZZI, ENGLISH ~ KLEIN, P.C. COUNSELORS AT LAW ~505 KELLUM PLACE May 10, 1991 Planning Board Town of Southold Town Hall Main Road Southold, New York Attn: Robert Kassner Re: North Fork Beer and Soda Distributors Suffolk County Tax Map Section 1000, Block 122, Lots 3, 4 and Dear Bob: This will confirm our conversation wherein you in- formed me that you believed the Planning Board would ask an interpretation of the Building Code of the Town of Southold from the Zoning Board of Appeals pursuant to Section 100-271 the Code. of I do not believe that the Planning Board should request an interpretation from the Zoning Board of Appeals since I do not believe there is any issue to be decided by the Zoning Board of Appeals. Section 100-101 of the Town of Southold Code states that property in a Business B District (which the above is located) may be used "for any uses" except those enumerated in that Section. This demonstrates that the Code permits multiple uses of a single property. Planning Board Town of Southold May 10, 1991 Page -2- There is no indication in the Code that only one permitted principal use may be conducted on a single property, or that retail sales are in any way distinguished by product. Zoning regulations, which are in derogation of the common law, are to be construed against the municipality in determining whether an ambiguous regulation restricts a particular use of the property. The uses expressly permitted by Section 100-101 include those in Section 100-101(A) and (2) which incorporates those uses permitted in Section 100-91(A) (3) and (2). Section 100-91(A) (6), expressly permites retail stores and such uses are therefor permitted, in a Business B District. Also per- * mitted in a Business B District, pursuant to Section 100-101(A) (7) is a wholesale/retail beverage distributor. The proposed use is the sale of propane gas at retail* through the beverage store. The propane would be put into containers and sold for removal from the premises by the cus- tomer. This proposed use falls within the definition of a "retail store" as set forth in Section 100-12(B) "an enclosed structure where goods are offered for sale to the public as take out items." The Planning Board cannot take the position that the "use" is the storage and sale of fuel, a use excluded in a Business B District by Section 100-101(A) (3) since, the latter Section refers to a prohibition on the storage of fuel oil, not fuel. Propane gas is not fuel oil. A review of the uses permitted in the various other zoning districts in the Town reveals, that if the type of business, the resale of propane, is not a retail use, it does not fall into any other category of permitted use in any zoning district within the Town. Indeed, the use does not even fall within the definition of "gasoline filling station" which applies only to the storage and sale of petroleum fuel, and the accessory uses and sale of lubricants, accessories or supplies for automobiles, the incidental washing of motor vehicles and the performing of minor repairs. * Plus using it to refill our own canisters for the ~ ~ we use. Planning Board Town of Southold May 10, 1991 Page -3- As I discussed with your office, my proposal, will not adversely affect the area; is not a separate use but merely a retail product for sale at retail and will result in an up- zoning i.e., the non-conforming use, the one-story frame house on the premises, will no longer be used as a residence by bringing that parcel into conformity with the zoning of the business district. Finally, the sale of propane is certainly not a "accessory" use, which is defined in Section 100-101(C) of the Code. Accordingly, since the sale is not prohibited, in the district, it appears that the request by the Planning Board, for an interpretation from Zoning Board of Appeals is unneces- sary. I hope this clarifies my position. Thank you for your courtesy and consideration. DCM/las Very truly yours, MEYER. SUOZZI~ ENGLISH & KLEIN, P.C. COUNSelORS AT IAW I505 kEILUm PLACE MINEOLA, N Y Il501 MELViLLe. N Y 11747 April 24, 1991 Planning Board Town of Southold Town Hall, Main Road Southold, New York 11971 Re: North Fork Beer and Soda, Inc. 11520 Main Road~ Mattituck~ New York Gentlemen: Thank you for the opportunity to join you informally on Monday at the conclusion of the public meeting to clarify the issues with respect to the application to expand the cooler and install a propane tank to refill barbecue tanks. There are several points that I wish to re-emphasize at this time. The first point is the fact that the small white house is a legal pre-existing non-conforming use, i.e., a residence in a B district. By merging this lot with the beverage store lot and covenanting not to use the house as a residence, we would be upgrading that parcel to conform with the present zoning. The second point is that by merging the two lots, the combined lot coverage becomes less than 30 percent, which brings both lots into conformity with the present zoning, vis a vis coverage. This was the principal problem the Zoning Board of Appeals had with Mr. Yasso's prior application to expand the cooler. At the time Mr. Yasso made his application, he did not own the white house and lot and coverage would have been 2 5 991 Planning Board -2- April 24, 1991 approximately 40 percent had the existing cooler been expanded. Additionally, the side yard where the cooler addition is to be built was insufficient without merger of the two lots. By the proposed merger, we comply with current zoning with respect to coverage and alleviate the side yard problems. Thirdly, the acquisition of the white house and lot and the merging of the two lots provides for substantial additional parking. If you review the survey, you will note that the entire area in front of the white house and all of the area to the west of the house is paved, thus allowing easier ingress and egress for traffic and adequate parking. If you picture the store lot by itself, you will note that the beverage store had truncated parking in front and no other parking except to the east in front of the yellow house. With the addition of the white house and the paved parking areas, there is a substantial addition to the parking area. The parking area in front of the store, the white house and the yellow house were all recently sealed and will soon be striped. We now have about twenty parking spaces and easy ingress and egress for trucks to the rear warehouse. The present business owners have operated the store for only a little over one year. They have made substantial improvements to both the interior and exterior of the premises. With the upcoming good weather, they expect to make even further improvements to the exterior. The addition to the cooler will not increase traffic or the business, but will alleviate the burden of refilling and rotating stock in a small cooler twice daily during the summer months. The sale of propane will constitute a very small part of the business; will not increase traffic; and will comply with all applicable rules and regulations. This certainly is not a new "use" since I think everyone would agree that you cannot make a great deal of money and could not sustain a business which had as its sole product the refilling of barbecue tanks. This will also be a service to the community since no one else provides this service. As I stated at the meeting, I cannot find anything in the code which prohibits the sale of propane, nor do I believe there is anything in the code which prohibits the sale of more than one product on a business premises. In the event counsel Planning Board -3- April 24, 1991 for the Board believes otherwise, I would appreciate receiving his opinion for review and comment. In conclusion, I believe that the offer to merge the lots, upgrade them, and forego the use of the house to conform with the present zoning, should encourage the Planning Board to consider the applications in a favorable manner. Thank you for your courtesy in this matter. DCM:am cc: Mr. Robert Kassner Very truly yours, Daniel C. ~ · :PL~NNING BOkRD 18 APRIL 22, the Certificate of Occupancy for retail sales and retail is retail. Mr. Ward: Mr. Dinizio, I think we offered a amicable solution to the problem. Mr. Dinizio: You have and I am going to give you your lines. I will give you your lines and I guess that is about it. Mr. Ward: Work with Bob and do the calculation on the map. Mr. Dinizio: Could you explain what you mean by calculation. Mr. Ward: You need one car for every square foot of retail space and you may need one car for one hundred square foot of storage you have got to show that on the plan. You have to show that calculation on the plan when you give it back to us with the spaces. Mr. Dinizio: O.K. thank you. .. Mr. Orlowski: /~ ~-3 -~ Any other questions for the Board tonight? Mr. Dan Mooney: Tonight I have my wife and nephew Dan Bayhe with me and they operate the North Fork Beer and Soda in Mattituck. I had some correspondence with Bob Kassnerand he suggested I come before the Board and have an informal discussion this evening. I submitted a survey and I think you may have seen it with respect to the Beer and Soda business in Mattituck and the lot next door. I brought in a application for a building permit and the Building Department suggested I run it past you, the Planning Office. What we would like to do is to marriage two lots which were previously separate lots. One of which was owned by myself and one of which was owned by my wife, into one lot and then we would like to add on to the rear of the beer and soda business in order to expand the cooler which is a walk in cooler. In addition, we would like to add propane tanks so that we could sell propane as a product and when I spoke with Bob he said that the Board had several questions. I tried to answer those questions in a letter that I sent on April 8th with respect to lot coverage and use and with respect to the fact that propane is, we are not talking about selling like VanDuzer, that is a good example I think. Agway, in Southold, they sell propane from tanks behind their building. It is one of the products they sell. Between Southold and Jamesport, I don't believe there is anyplace else that sells or dispenses propane for the twenty pound barbecue tanks and that was what we were hoping we could do and I believe the plot plan on the survey that-we presented meets all of the requirements necessary under the state code to sell propane and we wanted to get the Board's feeling as to this application with respect to selling this additional product and adding on to the store. Now, I PL~brNING BOARD 19 APRIL 22, 1~ realize that at one time, we've owned the place about a year, just about a year, and Tom Yasso who owned it before us had gone before the Zoning Board of Appeals and he wanted to add on to the cooler and the Zoning Board of Appeals said no. Tha~ was before, that was when only one lot was involved. That is the lot with the store and the warehouse. Two lots were not involved but now we are suggesting that we merge the two lots into one so that we will have sufficient area. We will not exceed the thirty percent lot coverage. We will have the required setbacks and that is basically what we are interested in doing. I thought we might get some informal discussion going with the Board as to their feelings with respect to the application. I'll tell you at the outset it is our intention and it has been since we got to that store to try and conform to the community ~nd add something to the community. We are hoping that by doing this we can continue to do the same type of operation. Mr. Orlowski: I don't know. I wouldn't consider propane an accessory use to a beverage store. Mr. Mooney: Well, there are many beverage stores on Long Island, in my letter I mentioned three or four. Mr. Orlowski: Not in this town. Mr. Mooney: There are only two beverage stores in this Town. One is on Main Road and ours is in Mattituck. In that sense, I don't know if it would be accessory to other businesses, it is a product to be sold and certainly wouldn't be the main product that we would sell. We sell potato chips and pretzels and things like that. Also, which are kind of an accessory to beer and soda which is a product as well. Mr. Orlowski: What would you do with the residence, tear it down? Mr. Mooney: We're not going to use the residence as a residence I can tell you that. We haven't made any plans at all with respect to it and anything we did do would be in conformance with what the Board asked us to do there is no question about it. I understand the objection to having several uses on the same parcel and I agree with that, there is no problem with that. We would covenant not to use that until you tell us at some time that we can do something with it. It won't be used as a residence, I can assure you. We might use it for storage by the way if that is O.K. with the Town. Mr. Ward: Storage for? Mr. Mooney: Beer and soda. Mr. McDonald: Do you think this addresses the conditions, not the conditions but the comments the Zoning Board of Appeals made · "PLANNING BOARD 20 APRIL 22, when they turned down the variance on the original application? Was the application in Tom Yasso's name? Mr. Mooney: Yes, Mr. Yasso made the application. Mr. McDonald: Do you think what you are doing addresses those particular concerns. Mr. Mooney: Yes, I think if the lots are merged, we do address those particular concerns. Mr. McDonald: How about traffic conditions. Mr. Mooney: Well, I also will tell you that there is another house to the East of the white house which is the yellow house and we have parking in front of that house as well. Mr. McDonald: Right now the beverage center is using those parking areas right now? Mr. Mooney: Right. Mr. McDonald: Did Mr. Yasso own those parking areas? Mr. Mooney: He did not own all of this at the time of the application. He only owned the beverage store and the latest application he owned, I think the yellow house to the east. He did not own the white house in the middle and that was the difficulty the Zoning Board of Appeals had at that time. He was also going to exceed the lot coverage. You will find at present that we do not have a parking problem. We have more than adequate parking in front of the beverage store, we have parking behind the beverage store for the employees, etc. so that we don't have a problem with parking at present. Mr. McDonald: There has been insufficient and hazardous parking and traffic conditions in the front. Insufficient ingress and egress and traffic congestion and insufficient and unsafe circulation from vehicles and pedestrians. That is a tough check list of traffic problems. That was on Mr. Yasso's application. Mr. Mooney: That was the application to the Zoning Board of Appeals and I don't believe we have to go to the Zoning Board of Appeals at present for the addition for the addition to the building. Mr. McDonald: If you merged the two, your lot coverage would be what? Mr. Mooney: Well below thirty percent. I did the calculations. Mr. McDonald: With the building that exists. ' 'PLANNING BOARD 21 APRIL 22, Mr. Mooney: Yes, even with the present house and buildings that exist it would be well below that. Mr. Ward: How would you address the concerns that the Zoning Board of Appeals raised from that last application which I don't think has been changed since that time. What is planned to be done. Mr. Mooney: With respect to traffic? Mr. Ward: Yes. Mr. Mooney: Well, with respect to traffic we certainly have more parking spaces now then we did at the time of the Zoning Board of Appeals approval because the second lot was not owned by Mr. Yasso who only had parking in front of the beverage store. You did not have parking in front of the white house at all, you did not have any of that area available to parking nor did you have parking along side of the white house which we now have at present. I think that meets very well the..difficulty that the Zoning Board of Appeals had at that time and that is with respect to the addition to the building. Mr. McDonald: We have had some communication, nothing official just some discussion, and there is some question about whether the proposal for propane meets the minimum guidelines. I got the impression from what you said that your mind if the Building Department feels that there is no difficulty of the location of the propane tanks as you presently stated where you are planning on putting them. Mr. Mooney: I believe that is correct. I had a conversation with the Building Department four weeks ago. Before that, I had a conversation with someone in Riverhead who had several locations like this, not in Southold but in another town and there is a state code for the storage of propane and the question of Propane tanks and they gave me the exact requirements for the propane and I think Mr. VanTuyl incorporated them in the survey when he did it. I think he also checked and so I think they are the correct, there is the setbacks, as stated on the plan are correct. However, you do have to have barriers around the propane tank which I don't think are shown on the survey, would be in order to comply with the requirement. I also think that you should realize that the sale of propane in the beverage store is not the major commodity, it is beer and soda which is the major commodity. This would be a service to our customers, a lot of people come and get their barbecue tanks filled and get their beer and soda at the same time. This is a use that is very common in a lot of beverage stores on Long Island if you have the space to do so and we have the space. Mr. McDonald: You are dealing with a food commodity really. Potato chipsand pretzels, etc.. This is kind of far field ''PLANNING BOARD 22 APRIL 22, from food. I see the connection you are talking about for someone who is having a barbecue would have just one stop but I don't get the actual connection necessarily between the uses. What if you need lawn furniture for your barbecue, would you have lawn furniture? I am trying to get the connection between the propane in a beverage center that makes it an accessory use rather than a second use. Mr. Mooney: O.K., we are not asking to sell anything other than the propane. Mr. McDonald: I am trying to draw parallels with other items, the idea of the propane is a service and that it is connected in your mind, yes, if you are going to get beverages and pretzels that you might be cooking outside and need propane but by the same sense you might need lawn furniture. Why is propane different from the lawn furniture or anything else you might need from this outside use? Mr. Mooney: I can't answer your questions specifically and say it is anyway different but how about we say for example Agway? Mr. McDonald: Agway is preexistent, it has been there forever. Mr. Mooney: But, there is nothing in the code that makes this Mr. McDonald: Yes, but it is preexistent and to use Agway at example doesn't, it is like picking a non-conforming use somewhere and you are using that for an example, it is a non-conforming use. an Mr. Mooney: Did Agway sell propane prior to the code? Mr. McDonald: As far as I know, it has been there as long as I've lived here, but that doesn't mean that it has been. Mr. Mooney: You see there is nothing in the code that says that we are not conforming to anything because there is nothing in the code about propane so you can't have a non-conforming use. in my understanding to something which is not even in the code. Mr. McDonald: We are talking about whether it would be conforming or non-conforming as a secondary or accessory use. The mere fact that it is there means the question is moved. We're not going to discuss this as a question of whether it is accessory or secondary if it's preexisting. In your case we are examining whether it's a secondary or an accessory use. What makes this, in your mind, an accessory use rather than a secondary use? Mr. Mooney: Because there are many, many, beer and soda places that sell this as a service to their customers and · "PLJ/qNING BOARD 23 APRIL 22, O1 therefore I don't think that this is a separate use. We're not just selling propane, we're not just going to have a propane store like VanDuzer or that type of operation, this is a thousand gallon tank that does propane tanks. We could not make a living selling propane out of a thousand gallon tank but it is a product that we sell. Mr. McDonald: I understand what you are saying, but as a service to your customers, you could also sell furniture or bicycles. I mean, you could sell any number of items. Where is the point in your mind that draws us into the accessories? Is it the matter of how much money you are going to draw from it or whether it is a principle part of your income. Mr. Mooney: I think that is one of the reasons that if it is a principle part of your income or not. The other thing is if it goes hand and hand with someone buying beverages for a barbecue, having a picnic or having a party. In that sense it is kind of an accessory to the main business. I don't think there is anything in the code that says you can't Do it. Mr. McDonald: We're here to hear what you have to say. Mr. Mooney: I know, so I didn't see any reason why you couldn't do it in the code. Obviously, I don't think it is a separate use. If I was going to open another business selling sneakers next door, I would understand, you would say, sneakers and beer and soda don't go or beer and soda and lawn furniture don't go together. Mr. Orlowski: What is the economic impact of this if you don't sell propane gas? Mr. Mooney: The economic impact is that it does help to attract customers. Mr. Orlowski: You know, like Agway that is preexisting, but they sell barbecue grills so naturallyI guess the gas would be an accessory over there. Mr. McDonald: There is a little more of a connection if you are selling grills to sell propane. Mr. Orlowski: I don't see the connection in a beverage and beer store. Mr. Mooney: I don't think that grills are their main part of business at Agway. Mr. McDonald: I'm inclined to agree with that, I don't know what the main part of their business is. Mr. Mooney: They sell a lot of products and very well. Is the Board kind of saying this is a separate use? 24 APRIL 22, ~1 Mr. Orlowski: That is my opinion, what is the Board's opinion? Mr. Richard Israel: I think the reason they do sell propane and you see it in a lot of these things is because of the convenience. Normally on week-ends the propane stores are not open where you can get them and if you do run out of propane while you are having a barbecue, his hours of operation are normally Saturday and Sunday until usually, I'm going to say the hour of 6:00 p.m., where people then have a chance to go someplace and buy propane and that is why it has been popular in the beverage store. Mr. Orlowski: I don't know, I can't envision pumping bottled gas in a place that sells alcohol and beverages. I get a little nervous when they do that. I don't see it as an accessory use personally. Mr. Mooney: The difficulty I have with that decision is that I don't see anything in the code that says it is a different use. Mr. McDonald: Well, the code doesn't list every accessory use. It doesn't say that everything is an accessory and everything is a principle. It simply doesn't do that. If you were looking for that in the code, you would be looking a long time for every accessory use. Some things are clear and somethings are not. It doesn't say, these things are the principle uses and all other things are accessories. It is not that clear cut. If you are looking for the list to tell you, we would be getting old. Mr. Mooney: There is no list and that is the difficulty. If we are going to comply with the code in doing this? Mr. McDonald: Let me ask you what would draw you to this particular thing? It is obviously some opportunity that you feel that this is the use that you can make the most, you're talking about merging an entire parcel of property that could have its own entire use on it assuming that you could handle the parking requirements and you are willing to forego all that in order to get this use. Do you feel that it's that important? Mr. Mooney: I think we are merging it for two reasons, we want to add on, we have to add on for two reasons, we have to add on to the cooler. The cooler at the back of the store which you see sketched in on the survey. This cooler is too small. During the summer time we have to fill the cooler twice a day and the manpower that takes to fill the cooler twice a day rotates stocks with the cool one's the top and warm ones on the bottom, becomes non-productive and that is the major reason for merging two lots so that we can because the Zoning Board of Appeals turned down Mr. Yasso some years ago. If I come back here with the same thing, they are going to say you were here already so merging the two lots in order to add on to the cooler in the back of the building so we can more efficiently operate, especially during the summer months, because basically beer and ' ~LA~NING BOARD 25 APRIL 22, 1! soda is a five month business, May through October as is propane a May to October type product which is a summer type product. People don't barbecue in the winter time and that is the reason we are redoing the cooler. We would also like to do as many other beer and soda places do on Long Island, offer the services of selling propane. Just in twenty pound tanks, we're not talking large tanks. Just the barbecue. Mr. McDonald: Refill, on site. Mr. Mooney: Refill, on site for barbecue tanks only. That would be the absolute limit to what we are asking. We are not asking for anything else. That would basically be for our own customers so we are not going to increase traffic. People are not going to come to Mattituck just to buy propane for their barbecue and that is why I thought it was a complimentary use to what we now have in the store. Mr. Latham: One of my concerns is the house t~ the east. What do you call it the yellow house? Mr. Mooney: The yellow_house. Mr. Latham: You said it would be used mainly for storage? Mr. Mooney: No, no, no, no, not the yellow house, house. The white house which is on the site now. white house. the white The little Mr. Latham: What is the little yellow house? Mr. MooneY:~ That's a rental. That's a separate lot. Mr. Latham: What is the white house for now? Mr. Mooney: Nothing, it's vacant. Mr. McDonald: It's not residential at all? It's not even used for that? Mr. Mooney: It's vacant. There is no one living in it now. It has been vacant for over a year. Mr. Latham: Is it storage and would you just continue that or what? Mr. Mooney: We could covenant it and it could stay a storage, it would not be used unless we had the approval of this Board or the Zoning Board of Appeals if we had to go that route. Mr. McDonald: Let me ask you, this is a complicated piece of work and I would ask the Chairman to hold on this because I would like to to talk to the Town Attorney. The main issue to me is the traffic and merging the two lots together certainly cPL~d~NING BOARD 26 APRIL 22, does something about the parking problem but the question of the difficulty in the road in that particular point in the town remains an issue no matter what you have because it is such a busy place and you are going to add a more intense use by adding extra storage and adding an extra cooler and the propane. Hopefully, this will improve your business, that is the plan that you are trying to improve your business and increase the volume a bit so the questions of traffic are still going to remain. Is the idea of the house, I'm not trying to tell you that this is what is going to happen, I'm just trying in my own mind, if the house had to go for traffic circulation purposes, would you be prepared to move the house or whatever it took? Mr. Mooney: I would certainly be willing to discuss it with you. Mr. McDonald: O.k., thank you. Mr. Mooney: We not trying to create a problem, we would like to alleviate the problems. Extending the cooler is not going to increase our business, it is just going to make operating our business a little bit easier so you can fill that cooler once a day instead of twice a day. Mr. McDonald: If you had your way, and rightly so, you want to see your business flourish. Mr. Mooney: Our business, thank god, is doing reasonably well and we would like to make it operate more efficiently if we could. A lot of our business is wholesale which is off the premises and not retail which is on the premises. Mr. Latham: It doesn't come through your place at all? Mr. Mooney: They deliver and we take out by truck from the warehouse and deliver to various places throughout this town and the Town of Riverhead. Mr. Latham: That is the wholesale. Mr. Mooney: That is the wholesale. Mr. Latham: They come into your place though. Mr. Mooney: They come in back by the warehouse. Usually the deliveries are on week-days and never on the week-ends during the summer because we don't have the ability during the week-ends to take delivery. Mr. McDonald: I would like to ask the Town Attorney. Mr. Mooney: O.K., I understand and I wish that you would and I would be more than happy to do anything I can to answer any further questions that you may have. I appreciate very much ~ ~?LA~ING BOARD 27 APRIL 22, 1 your giving us your time this evening because I know you have a lot of things to do. Thank you. Mr. Orlowski: O.K., any other questions or comments for the Board? Richard Israel: I'm am here to discuss the golf course which we had discussed a while back. Since the last time we were here I have been to the Town Board and have been discussing with them and I guess they have thrown it back to you guys to see if something can be done to create a golf course in the Township of Southold. I think what the Town Board has been throwing around and what you guys have done a little bit is variable lot sizes and I was wondering if that could be appropriate for here where we could create, again we are not increasing density from the original, we would be creating a lot that would have covenants and restrictions on it which would allow it just to be utilized just as the golf course property and stay open and clear and have the restrictions on it as far as the environmentalists would want for fertilization and stuff of that nature. It may make better sense in that way that it could be under separate ownership. The clubhouse and the whole amenities of the club could own and fee simply instead of possibility being a rental deal from a homeowners association. Again, I think the golf course is something the town can use and I think everybody is in agreement with that and it is just, how do we make this work so it is feasible? Mr. Ward: Rich, you mentioned something very important as far as we are concerned and that is a golf course for the Town, is it? Mr. Israel: When you say a golf course for the Town, it will provide one major problem that you have, I'm going to say with golf courses is expense. Through our investigations, it would probably cost close to three million dollars to create this golf course and that is not including the club house. Mr. Ward: I think that is very optimistic. Mr. Israel: I don't think the revenues from a public course would create that, be able to support it. And I don't think the additional revenues from a clubhouse would be able to support that. I think it has to be probably a membership club which will be open to any and everybody, not just the residents of this community and there would probably be a fee attached to that membership. Mr. Ward: Would it be open to the general public other than membership? Mr. Israel: I don't know the answer to that. DAIqIEL C. MOONEY 89 Pershing Avenue Locust Avenue, Ney York ~560 April 11, 1991 Planning Board, Town of Southhold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attn: Mr. Robert Kassner Re: Mattituck Bevera~e~ SCTM Number 1000-122-3-5 Dear Mr. Kassner: This will confirm our conversation of April 10, 1991 wherein we discussed my request for the Planning Board's approval to an addition to the beverage building on Lot 5 and the installation of a propane tank on Lot 4. I believe, as I explained in my letter of April 8, 1991 that in the event the two lots are merged, the building addition and the propane tank would not exceed the 30% lot coverage required for this General Business (B) zone. There are two issues you requested me to clarify, the first being the fact that the sale of propane would not be an additional or separate "use". I believe that the sale of propane is a consistent use together with the business which is currently operated on the premises and respectfully request that you consider the following businesses which, although not primarily engaged in the sale of propane, also dispense propane for barbecue tanks and the like. In particular, I call to your attention the following businesses by reason of their proximity to the above location: 1. Agway in Southold sells propane together with various other lawn, garden and farm products. APR 12 lg9! Mr. Robert Kassner -2- April 11, 1991 2. O'Neil's Garden Center in Jamesport also dispenses propane, although that is not the primary business on the site. The following beer and soda wholesale distributors come to mind as also selling propane: 1. Smithtown Beer & Soda, 345 E. Jericho Turnpike, Smithtown; 2. Beverage land, 527 Rte. 111, Hauppauge; and 3. County Line Farms, 5840 Merrick Road, Massapequa. Throughout Long Island, there are many businesses which also sell propane as one of their products. Included this category are the following: in 1. U-Haul Truck Rental, 1110 Lincoln Avenue in Holbrook and at 175 Price Boulevard, Farmingdale; 2. Father Nature's Garden Center, 2676 Sunrise Highway, E. Islip; 3. ADR Recreation & Communication, 1400 Spur Drive south, Islip; 4. Griffing Hardware, Main Street, E. Moriches; 5. Grossman's Discount Nursery & Garden Center, 425 Atlantic Avenue, Oceanside; 6. Bellmore Feed Company, 2156 Bellmore Avenue, Bellmore; 7. Hempstead Outdoor Store & Tent Center, 5 N. Franklin Street in the middle of Hempstead; and 8. World of Hitches & Rentals, 1496 Broad Street, N. Bellmore; In the event you require a more extensive list with respect to other businesses which also sell propane as one of their products, I would be happy to obtain same for you. I was Mr. Robert Kassner -3- April 11, 1991 able to gather this list in a very short time yesterday afternoon. As you may be aware, there is no other propane available between Jamesport and Southold to my knowledge. We would meet or exceed all of the requirements under the State code for this type of operation and would obtain all building department permits necessary. The second issue which we discussed was the use of the white house on Lot 4. As I told you, at present, this house is vacant and we will not use it until we have spoken with the Planning Board and obtained your approval for a use consistent with the zoning code of the Town. At this time, we are most interested in obtaining approval for the addition to the beverage store and the addition of the propane tank. In the event the Planning Board wishes, I would be happy to meet with them to discuss this entire matter at your convenience. Thank you for your courtesy. Very truly yours, DANIEL C. MOONEY~ DCM/am APR 12 1991 DANIEL C. MOON~Y 89 Pershing Avenue Locust Avenue, New York 11S60 April 8, 1991 Mr. Robert Kassner Planning Board Town of Southhold Main Road Mattituck, New York 11971 Re: Lots 3, 4, and 5, ~1600 Main Road, Dear Mr. Kassner: Block 122 Mattitucki VIA FAX - 765-1823 New York Subsequent to our conversation of this morning, I located a December 28, 1984 Survey which shows the lot coverage on the store lot to be 37% (without any addition). The pro- posed addition is 155.15 feet for a total on of 4,295.15 feet. My rough calculations on the other lot with the white house are as follows: The house is approximately 40 feet by 24 feet or 960 feet. The garage is approximately 12 feet by 20 feet or 240 feet. The shed is 32 feet by 4 feet for a total of 128 feet. The proposed propane tank covers 4 feet bY 16 feet or 64 square feet .for a total lot coverage of 1,392 square feet. Mr. Vantuyl's Survey of March 1~5, 1991 shows there is 21,558 square feet in the combined lots. The proposed lot coverage of both lots would be 5,687.15. 30% of the combined lots equals ~,4467 40 square feet. ~ Accordingly, it seems that we will not exceed the 30% lot coverage by the respective additions. .Mr. Vantuyl will send me certification of the lot coverage. Thank you for your courtesy. DCM/am Enclosure DANIEL C. APR - 8 1991 lCD SENDER: SUBJECT: SCTMg: COMMENTS: SUBMISSION WITHOUT COVER LETTER EXISTING COOLER __ 8'- 11" - 1'- 11" ~ EXISTING STORE AREA North Fork Beer & Soda Proposed New Cooler Space DRAWING 0 ° EXISTING PLAN WARE HOUSE · All footings to extend to undisturbed soil. · The bottom of all footings shall be a minimum of 3'-0" below grade level. · Anchor bolts shall be 5/8" x 12". · All sill .40 CCA treated, min. two anchors per piece, max. 8'-0" O.C. · Aluminum termite shield and fiberglass sill seal NEW EXISTING NEW EXISTING t16" 8" Foundation Plan Scale: 1/4' = 1LO" U N EXCAVATED 6' Concrete Slab Over 2~ EPS, 6 mil Poly V.B And 4" Tamped Gravel EXISTING SLAB EXISTING WAREHOUSE EXISTING SLAB North Fork Beer & Soda Proposed New Cooler Space DRAWING 1 ' FOUNDATION PLAN Roof Vent Match ExistRoof Pitch and Materials Vented Soffit R-30 Batts~ 2x8 C.J. 16" D.C./ (2) 2x8 Hdr. Exist PC Lintel ~g Siding To Match Exist lx4 16" O~C. 5/8 x 12" Anchor- Grade Min. Below Grade · 1/2" PTS Plywood Insul · R-19 Batts 2x8 CCA Sill 6" PC Slab 6x6 VVWM ~ 8' PC Stem Wall 8"x16" PC Footing 2" EPS Insul 6 mil Poi, 4" Tamped Gravel New Display Doors 1 4'- 6"- NEW EXISTING Section A-A Scale: 3/8" = 1'-0" North Fork Beer & Soda Proposed New Cooler Space DRAWING 2 · SECTION A-A ADDITION 22'- 11"- EXISTING COOLER WARE HOUSE DISPLAY DOORS DISPLAY DOORS 23'- 6"- Plan View s,:a~ u~;: ~ '-o' New Construction Existing Walls to Remain Exist. Wall to be Removed EXISTING STORE AREA North Fork Beer & Soda Proposed New Cooler Space DRAWING 3 ' PLAN VIEW FABRAL Exterior Sheathing R19 lass Batts R7.2 Ri, Insul Board PTS Plywood 5/4x3-1/2" S4S Spruce Strapping 2x6 Douglas Fir Exterior Stud EXTERIOR WALL SECTION PLANNING BOARD MEMBERS Bennett Odowski, 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 7, 1991 Daniel C. Mooney Meyer, Suozzi, English & Klein, P.C. Counselors At Law 1505 Kellum Place Mineola, NY 11501 RE: Mattituck Beverage SCTM# 1000-122-3-5 Dear Mr. Mooney: The Planning Board has reviewed your letter of January 15, 1991, requesting guidance regarding site plan requirments for an addition to the beverage building on lot five (5), and the installation of a propane tank on lot four (4). The lot you plan to install the propane gas tank on is zoned General Business (B) and requires a minimum lot size of thirty thousand (30,000) square feet per use. The lot in question is approximately 11,000 square feet in area. As there is an existing one story concrete block building and metal storage building on the property, the propane operation would not be permitted on this parcel. The addition to the building must meet the percent lot coverage for this General Business (B) zone which is thirty (30) percent. The current coverage for this lot is thirty eight letter~ ~he o~mbine ' o . exc · .- percent. If you have any questions, or require further assistance please contact this office. Very truly yours, ~ennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector CERTIFIED TO: SECURITY TITLE GUARANTY COMPANy THE NORTH FORK BANK & TRUST COMPANY THOMAS R. YASSO ANNETTE' Y&S$O . .SURVEY FOR THOMAS R. YASSO $6- 145 CERTIFIED TO SECURITY TITLE GUARANTY COMPANy THE NORTH FORK BANK & TRUST COMPANy THOMAS R. YAS$O ANNETTE PECO ~IC:S~/~EYORS P.O. BOX 909 MA I N ROAD SOUTHOLD ~ N. Y. 11971 //. ,,\°\4 ENGINEERS · .SURVEY · FOR THOMAS ANNETTE YASSO AT 'MATTI TUCK TOWN OF $OIJTHOLD SUFFOLK COUNTY, N.Y. I000 "' 122 - 03 ' · 04 ~,~.,~&,~,,,,,~.~ SC.ALE I" "' 30 FEB. 24, ~986 Prepared In accordango with the minimum. ~tandafd, for fii'ie ~urvey~ at .e~tabli~hed by ~he L.I.A.L.S. and approved and adopted ear .uch use by The New Yo~k $1me Land 1erie ^~rociatk)n. $6- 145 Z5';C.~ Li,.~.:Z..O':, I' 1991 r ,i r# D/~IE~C. HOONEY 89 Pershing Avenue I~cust Avenue, New York 11560 January 15, 1991 Planning Board Town of Southhold Main Road Mattituck, New York 11971 Re: Lots 3, 4, and 5, Block 122 11600 Main Road, Mattituck, New York Gentlemen: I am enclosing herewith two surveys; one of Lots 3-4 and one of Lots 3-5 having an approximate area of 20,000 square feet. My wife, Maureen Mooney, currently owns Northfork Beer & Soda, 11600 Main Road, Mattituck, New York. I own the adjoining one and one-half story building and lot which has frontage on the Main Road of 15 feet. We would like to add an addition on the rear of the Beer & Soda store in order to square off the same (shown in red). In addition, we would like to install an above-ground propane tank at the rear of the small white house where indicated on the survey. That tank would be used to refill barbecue tanks. The addition and the propane tank would comply with all applicable laws and regulations, and we would obtain the necessary permits from the Town of Southold and any other agency which requires the same. Planning Board -2- January 15, 1991 Before proceeding, we would merge title to the two premises in one name. I would appreciate your reviewing this proposal and my being able to discuss it with the Planning Board prior to making a formal submission. Thank you for your consideration. DCM/am Enclosures Very truly yours, DANIEL C. MOONEY~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 April 5, 1990 Daniel C. Mooney Meyer, Suozzi, English & Klein, P.C. Counselors At Law 1505 Kellum Place Mineola, NY 11501 RE: Mattituck Beverage SCTM~ 1000-122-3-5 Dear Mr. Mooney: The Planning Board has reviewed your letter of March 16, 1990 requesting guidance regarding site plan requirements for a retail propane operation on the property you plan to purchase in Mattituck. The lot you plan to install the propane gas tank on is zoned General Business (B) and requires a minimum lot size of thirty thousand (30,000) square feet per use. The lot in question is approximately 11,000 square feet in area. As there is an existing one story concrete block building and metal storage building on the property, the propane operation would not be permitted on this parcel. If you have any questions or require further assistance please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman ~YEI;~, SUOZZl, ~'NOLISH & KLm'IN. PC. Narch 16, 1990 Planning Board Office Town of Southold Town Hall 53095 Main Road - P.O. Box 1179 $outhold, New York 11971 ATTN: Bennett Orlowski, Jr. Re: Mattituck Beverage SCTM ~1000-122-3-4 Dear Mr. 0rlowski: I am in receipt of your letter dated March 9, 1990, a copy of wh_~a is enclosed herewith for your convenience. W% do not plan to redevelop the site at present. I will co~Gnicate with the Building Depart~-.ent as to whether a doorway can be installed between the existing build- ings of t.._ beverage business. ! thank you for your advice in this regard. Provided the ~ -~ ' ~_t ~ac~ requirements were met and the requi£ements of NFPA Pamphlet 58 Were co:up!ied with, would the Planning Boa~d have any objection to the placement of a tank on t... lot wherein the present retail business is located. The propane operation would not be a separate retail ope. ration. It would be a p~oduct sold through the existing retail business on .that premises ~uch as the retail o~aration now sel!~ soda, j~ice, ice, snacks, etc. By ana!ugy, a similar business would be the Agway in ooutho-d which dispenses propane. Agway also sells a full line of fa£m prodcc=s. Incidence!fy included therewith is the sale of propane. ~eanett Orlowski, Jr. March 16, 1990 Page -2- Your advice in this matter would be greatly appre- ciated. In th~ ~* , ~ ~ ~ ~ ~..- you wi~h to discuss thls ~a~t=. wi~h me, please feel free to " ' ' ~h me at ~he above-referenced telephone n~ber. Thank you for ~,,~ courtesy. Very truly yours, DCM/mt. DANIEL C. MOONEy MEYER, SUOZZI, ENGLISH ~ KLEIN, P.C. COUNSELORS AT LAW 1505 KellUm PLACE MELVILLEi N Y 11747 March 16, 1990 Planning Board office Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ATTN: Bennett Orlowski, Jr. Re: Mattituck Beverage SCTM #1000-122-3-4 Dear Mr. Orlowski: I am in receipt of your letter dated March 9, 1990, a copy of which is enclosed herewith for your convenience. We do not plan to redevelop the site at present. I will communicate with the Building Department as to whether a doorway can be installed between the existing build- ings of the beverage business. I thank you for your advice in this regard. Provided the set-back requirements were met and the requirements of NFPA Pamphlet 58 were complied with, would the Planning Beard have any objection to the placement of a tank on the lot wherein the present retail business is located. The propane operation would not be a separate retail operation. It would be a product sold through the existing retail business on that premises much as the retail operation now sells soda, juice, ice, snacks, etc. By analogy, a similar business would be the ~1~ Southold which dispenses propane. Agway also sells a e of farm products. Incidentally included therewith is the sale of propane. Bennett Orlowski, Jr. March 16, 1990 Page -2- Your advice in this matter would be greatly appre- ciated. In the event you wish to discuss this matter with me, please feel free to communicate with me at the above-referenced telephone number. Thank you for your courtesy. DCM/mt Very truly yours, DANIEL C. MOONEY / Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 1990 SCOTT L. HARRIS Supervisor Fax(516) 765-1823 Telephone (516) 765-1800 Daniel C. Mooney Meyer, Suozzi, English & Klein, P.C. Counselors At Law 1505 Kellum Place Mineola, NY 11501 RE: Mattituck Beverage SCTM# 1000-122-3-4 Dear Mr. Mooney: The Planning Board has reviewed your letter of January 31, 1990 requesting guidance regarding site plan requirements for a retail propane operation on the property you plan to purchase in Mattituck. The lot you plan to install the propane gas tank on is zoned General Business (B) and requires a minimum lot size of thirty thousand (30,000) square feet per use. The lot in question is approximately 10,890 square feet in area. As there is an existing one and one half story residence and a garage on the property, the propane operation would not be permitted on this parcel. If you plan to redevelop the site, either the three lots together or singly, we would ~equire a site plan. Your questions as to whether a doorway can be installed between the existing buildings of the beverage business can be answered by calling the Building Department at 765-1802. If you have any questions or require further assiStance please contact this office. Very truly yours, Bennett Orlowski, Jr.y~ Chairman cc: Victor Lessard, Building Department Gerard P. Goehringer, Zoning Board of Appeals Town HaH, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOFF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 1990 Daniel C. Mooney Meyer, Suozzi, English & Klein, Counselors. At Law 1505 Kellum Place Mineola, NY 11501 RE: Mattituck Beverage SCTM# 1000-122-3-4 Dear Mr. Mooney: The Planning Board has reviewed your letter of January 31, 1990 requesting guidance regarding site plan requirements for a retail propane operation on the property you plan to purchase in Mattituck. The lot you plan to install the propane gas tank on is zoned General Business (B) and re~ires a minimum lot size of thirty thousand (30,000) square feet per use. The lot in question is approximately 10,890 square feet in area. A~ there is an existing one and one half story residence and a garage on the property, the propane operation would not be permitted on this parcel. If you plan to redevelop the site, either the t~ee lots together or singlyi we wo~!~d require a site plan. Your questions as to whether a doorway can be installed between the existing buildings of the beverage business can be answered by calling the Building Department at 765-1802. If you have any questions or require further assistance please contact this office. Very truly yours, Bennett Orlowski, Jr.' ' Chairman cc: Victor Lessard, Building Department Gerard P. Goehringer, Zoning Board of Appeals 2 0 I~0 MEYEF~, SUOZZI, ENGLISH ~ KLEIN. P.C. COUNSELORS AT LAW 1505 KELLUM PLaCe January 31, 1990 Mr. Bennett Orlowski Jr. Chairman Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: 11600 Main Road, Mattituck, NY Tax Ma~ Designation: 1000-122-03-04 Dr. Mr. Orlowski: Our clients are the contract vendees of the beverage distributorship in Mattituck located at 11600 Main Road. In connection with the purchase of that business, they are also purchasing the three parcels known as District 1000-122-3-3; 1000-122-03-4; and 1000-122-3-5 all of which are zoned com- mercial. The purpose of this letter is to determine whether or not an amended site plan is required with respect to the fol- lowing: The client is interested in locating an above ground propane gas tank of the type used to refill barbecue tanks. You may be familiar with a similar type of operation which is located at the Agway in Southold. For this reason, I do not believe we would need any additional parking, etc. Planning Board January 31, 1990 Page -2- The propane operation would be run in conjunction with the beverage distributorship and would, in reality, be ancillary to the business which currently operates at the site. I have annexed hereto copies of the surveys for the three parcels. On the survey of 11600 Main Road, you will note I have indicated that there is an existing fence to the rear of that property. It is proposed that the propane filling tank would be placed within the fenced area and would have steel crash barriers around it of the type usually installed around such tanks. Of course, the persons operating this propane filling station would be fully trained and approvals by the appropriate authorities would be obtained. In addition to the propane tank, our client would like to open a doorway from the metal storage building to the retail store. The one-story metal building would remain only for storage and not retail use. The retail store on the survey is referred to as a one-story concrete block building. We would appreciate your advising us as to whether or not we would need an amended site plan for this use. Very truly yours, DCM/mt Enclosures · FFB - 5 1990 CERTIFIED TO: SECURITY TITLE & GUARANTY COMPANy THE NORTH FORK BANK & TRUST COMPANY THOMAS R. YA$$O ANNETTE YASSO / P. O. BOX 909 MAIN RO4D SOUTHOLD~ N. Y. II97I . .SUR THOMAS R ANNETTE YASSO AT 'MATT/TUCK TOWN OF $OUTHOLD SUFFOLK COUNTY', N.Y. ~000 - ~"2 - 03 '. 04 ~,~,.~,~,,,.,~ SC,ALE I" - 30 ' FFf~ ,, /.lC. NO. 49EI & ENGINEERS Prepared b~ accordonee with the minimum. nandarda for lille aurvey~ at ealabli~hed by Ihe L L A. L. S. and approved and adopted 86- 145 C> YA$$O SLDG. ENCROACHES S 42° 12' 50"E ~FOUND CORRUGATED METAL BUILDING OVERHEAD DOOR ~FOUND ~.,~ 0 N S jOHN BoOCMgM ~ 3 1997 POUND SITE PLAN OF PREMISES KNOWN AS TM ~ 1000-122-05-06 MAP SCALE: I" = P~EPARED 1:4 FEBRUARY, 1997 SALES = 40x30 = 1200-BSO/SPACE = 5 SHOP = 40x40: fGO0-- 250/SPACE =7 NOTES: PREPARED FOR: NORTH SHORE YACHT SALES, INC, C/o MICHAEL HUGHES SI ROBINSON ST SHOREBAM, PREPARED 2/12/97 97C625 1 8 [997 I," (,.'.,cc. ~ u, APR - 8 Igg2 BOUTHOLD TOWN PLANNING BOARD JUN 2 519~