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1000-122.-7-1
Garrett A. Strang Architect March 2, 1998 1230 Traveler St., Box 1412 Southold; New York 11971 TelePhone (516) 765°5455 F~x,(516) 765-5490 Town of Southold Planning Board Main Road Southold, NY 11971 Attention: Robert G. Kassner Site Plan Reviewer Re: Empire Service Station, Main Road, Laurel, NY SCTM #1000-122-7-1 Dear Mr. Kassner: I am in receipn of your letner of February 18th in with the above referenced matter and wish accordingly. connection to reply Several weeks ago, a Waiver from Site Plan was requested, based on the fact that 5he Owner's proposal to install a canopy over existing gasoline pumps is not expected to result in an increase to traffic flow, nor could it be considered an intensification of use. Further, inasmuch as nhis is a new action, this office is non aware of any matter pending before your board. Please provide clarification. To the best of my knowledge, a Certificane of Occupancy ms in place for the use as it currently exists. If you have any questions, please call me an the office. Very truly yours, Garrett A. Strang, R.A. Architect Southold Town c: J. Ilgin Planning Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ..~.....~..~.X,.. ............. ..'-~.o..~..~.~..~. ....................... ... ~.~...~.~......~ ~ .~ ....... PLEASE TAKE NOTICE ibat your application dated . .~.~ . .{~"~...~ ........ 19 ~.~... forpem~ittoo~l~lgt k/9,.,-~ .~ Q..C~s,~.~ ~~ at Location of Property .. ~.~.. ~ ~..~: ....... ~~ ................... House No. Street Ham/et County Tax Map No. 1000 Section . .-./. ~.~ ..... Block .... ~. ...... Lot . . .~.[ ....... Subdivision .................. Filed Map No ................. Lo~ No .................. is returned herewith and disapproved on the following grounds .0~~... .......... ........... ....................... Buihling Inspector RV 1180 So old To n Board o£ Appeals MAIN ROAD- BTATE ROAD ")5 SOUTHOLD, L.I., N.Y, ~1971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 28,' 1987 Andrew E. Goodale, Esq. Main Road Box 1SA Mattituck, NY 11952 Re: Appeal No. 3618 - Sukru Ilgin & Others (Variance) Dear Mr. Goodale: Transmitted herewith for your file 'and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to: Building Departmen~b~~- By Linda Kowalski Planning Board ~ Suffolk County Planning Commission 0 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 1900 Rt. 58, Riverhead, N.Y. 11901 February 28, 1995 Thomas Fisher Senior Bldg. !nsp. Town Hall Main St. Southold, New York, 11971 RE: Case ~92-48 - Empire Service South side of Route 25 East of Bray Ave., Mattituck Dear Mr. Fisher, Early in 1992 site plans were submitted and reveiwed by this Depart- ment for a change of use for the Empire Service Station at the noted · I observed renovation work progressing on the exist- location.. Re.cently =_ ~+~ no Hinhway Work Permit has been. issued by~ ing bulldLng nowever no .uo~= --~ ~ +he State Highway to Lnsure saze this Department for the %mproveme~L .... ingress and egress to the site. I respectfully request that the Town not issue a Certificate of Occupancy for this site without written approval from the Department of Transportation. j~ur%qtruly, .~ I // e it . l0 ~'Residency 03, Region E. Suffolk jY:KMB cc: Richard G. Ward, chairman, Southold Town Planning Board ~. simone - per, nits - Haupp. j. Lentini - Traffic - Haupp. File ~,i Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: I would like to request a waiver of site plan requirements. The following data is provided for your review: Tax Map # 1000- Ig.Z -o,I -al Location of Project (street address and distance, E,S,N,W, relative to nearest intersection hamlet) Brief Description of project and reason for waiver request (square footage of existing building area and how it will be used; e.g. 4,000 sq. ft. total, 2500 retail, 500 storage, 1000 office space). Existing and proposed uses Lot area//, ¢~'z. ,/~¥5},~ Zoning District ~ Parking required Name ~T~ ~.6~, ~/,rCC. T/~,- ~ Renter/O~nef? AH.Ac, / 4C (If renter, a~ach owners permission to pursue this inqui~). Address Phone ? ~,~--,5-q~-~ Please attach a survey or sketch of the property, at a ~" to 20' scale, showing the location of all existing and proposed buildings and required parking spaces, for all uses proposed and existing on site. Show which buildings will have which use. If you need any additional information, or have any questions, please contact Robert G, Kassner, Site Plan Reviewer, at (516) 7~-1938 Gan-err A. Strang Arckitect February 13, 1998 1280 Traveler St., Box 1412 Southold, New York 11971 Telephone (816) 76.5-5455 Fax (516) 765-5490 Mr. Robert Kassner Site Plan Reviewer Town of Southold Planning Board Main Road Southold, NY 11971 Re: Empire Service Station, c/o A-MAC, /nc. Laurel, New York SCTM #1000-122-07-01 Dear Mr. Kassner: Enclosed is a request for Waiver of Si~e Plan requirements in Connection with the above referenced project, together with a copy of the Site Plan. As you will note, the proposed r ' . c of a canopy ore ..... P o]ect valls for installation · . ~ ~ ~lS~lng gasoline pumps ~tea~y ~re~1' remain unchanged' The existing e in vehicular traffic. and we do not Please review and if you have contact my office, any questions, feel free to Very truly yours, Garrett A. Strang, Architect Encs. Bennett Oflowski, .ir., Chairman Southold Town Planning Board P.O. Box 1179 Southo!d NY 11971 Dear Mr. Orlowski: I would like to request a waiver of site plan requirements. The following data is provided for your review: hamlet) Location of Prqect (street address and distance, E,S,N,W, relative to nearest intersect on, Brief Description of prqect and reason for waiver request (square footage of existing building area and how ~t will be usaa: e.g. 4,000 sa. ~. tatar. 2500 retail 500 storage, I000 office Existing and proDosed uses Lot area/~/ ¢~'::' ¢3z~-~. Zoning District-~~ _Parking required. :-,x./~-r,*¢~, ,.. ,~ - ~/~7- ~ ~ Name ~ ~.OT~:~ ~r~C~ a~ ..... Renter/~r? ~1~, / ~ ~,,If renter, aBacn o~e~s permission to pursue this ~nauiq). Address /~ ~o Re ~ ~ec~ ~ ~ ? Phone? ~-~ ~ ~"- mease a~a¢ a su~ey or sze[c,~ d c~e prope~, ar a 1" to 20' scare, s,:ow:ng the ocation or axispng and proposed ~ufldings and re~upred par~ing spaceS, for all uses proposed and ex~sting on s~te. Show whic,~ ~uildings will have w~iCn use. ,'f you neap any add~onai informa¢on, or have any ' r ~" ¢anRevlewer at(5J5) 76S~938 please contact Ro~e~ G. Kassne · ~¢re . , · Date Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: I would like to request a waiver of site plan requirements. The following data is provided for your review: Tax Map # 1000-/gY_ -o,1-<~i Location of Project (street address and distance, E,S,N,W, relative to nearest intersection hamlet} Brief Description of project and reason for waiver request (square footage of existing building area and how it will be used; e.g. 4,000 sq. ft. total, 2500 retail, 500 storage, 1000 office space). .~ , Existing and proposed uses Lot area//~ ~¢~'g- E53}~ Zoning District /~ Parking required Name ~,,lx.~- 4'6k~, ~..r~/~- ~. Renter/Owner? AH~c, / 4d' (If renter, aBach owneCs permission to pursue mis inqui~). Address I Z go ~ A ~ ~ ~- oo ~o~,~ Phone Please attach a survey or sketch of the property, at a 1" to 20' scale, showing the location of all existing and proposed buildings and required parking spaces, for all uses proposed and exis~hg on site. Show which buildings will have which use. If you need any additional information, or have any questions, please contact Robert G. Kassner, Site Plan Reviewer, at (516) 765-1938 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Bennett Orlowski, Jr. Chairman RE: Sukru Ilgin/Empire Service Station SCTM9 1000-122-7-1 ZBA File 9 4074 Date: February 20, 1992 This is in response to your request of January 6, 1992 for this Board's comments on the site plan elements applicable to the above referenced property. The Board is not in favor of this site plan for a convenience store. The proposed convenience store would be an over- intensification of this preexisting non-conforming 11,984 square foot site located in the General Business District (B) which requires a minimum of 30,000 square feet per lot. The Board had received a preliminary site plan from your applicant's agent and commented on it a month ago. A copy of our letter and the resultant revised site plan, including the requested changes, are attached for your information. As you will note, the ingress and egress are to be marked one way only, and the employee parking has been located at the west end of the property. Landscaping has been added as indicated on the plan. Gan'crt A. Strang Architect February 13, 1998 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (516) 765-5455 F~ (516) 765-5490 Mr. Robert Kassner Site Plan Reviewer Town of Southold Planning Board Main Road Southold, NY 11971 Re: Empire Service Station, c/o /EMAC, Inc. Laurel, New York SCTM #1000-122-07-01 Dear Mr. Kassner: Enclosed is a request for Waiver of Site Plan requirements in connection with the above referenced project, together with a copy of the Site Plan. As you will note, the proposed project calls for installation of a canopy over existing gasoline pumps. The existing building and use will remain unchanged and we do not anticipate any increase in vehicular traffic. Please review and if you have any questions, feel free to contact my office. Very truly yours, Garrett A. Strang, R.A.-~ Architect Encs. Southold Town Board of Appeals I~IAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ,JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 23, 1987 Mr. Mine Peksen Mr. Sukru Ilgin 7400 Main Road, P.O. Laurel, NY 11948 Box 525 Re: Appeal No. 3618 (Variance) Dear Sirs: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a pu, blic hearing. It is requested in the interim that you proceed with the [X ] Planning Board [ ] in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their inputS* your application will be scheduled for the next available hear- ing date. If the above document(s) are submitted by March 24, 1987, it is expected that the public hearing would be held about the mid part of April. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, GERARD P. .CHAIRMAN By Linda cc: Planning Board **together with copies of the current deed of owner-corporation, etc. GOEHRINGER Kowalski and Disclosure Statement Garrett A. Strang Architect March 2, 1998 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (5!6) 765-5455 Fax (516) 765-5490 Town of Southold Planning Board Main Road Southold, NY 11971 Attention: Robert G. Kassner Site Plan Reviewer Re: Empire Service Station, Main Road, Laurel, NY SCTM ~1000-122-7-1 Dear Mr. Kassner: I am in receipt of your letter of February 18th in connection with the above referenced matter and wish to reply accordingly. Several weeks ago, a Waiver from Site Plan was requested, based on the fact that the Owner's proposal to install a canopy over existing gasoline pumps is not expected to result in an-increase to traffic flow, nor could it be considered an intensification of use. Further, inasmuch as this lsa new action, this office is not aware of any matter pending before your board. Please provide clarification. To the best of my knowledge, a Certificate of Occupancy is in place for the use as it currently exists. If you have any questions, please call me an the office. Very truly yours~ Garrett A. Strang, R.A. Architect MAR Southold Town c: J. Ilgin Planning Board Gan'¢tt A. Strang Architect February 13, 1998 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (516) 765-5455 Fax (516) 765-5490 Mr. Robert Kassner Site Plan Reviewer Town of Southold Planning Board Main Road Southold, NY 11971 Re: Empire Service Station, c/o AMAC, Inc. Laurel, New York SCTM #1000-122-07-01 Dear Mr. Kassner: Enclosed is a request for Waiver of Site Plan connection with the above referenced project, copy of the Site Plan. requirements in together with a As you will note, the proposed project calls for installation of a canopy over existing gasoline pumps. The existing building and use will remain unchanged and we do not anticipate any increase in vehicular traffic. Please review and if you have any questions, contact my office. feel free to Very truly yours, Garrett A. Strang, Architect Encs. P. Goehdnger, Chairman Serge Doyen, Jr. JameS Dinizio, Jr. Rober~ A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold 53095 Main Road P.O. Box :1.179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 9, 1994 Mr. Garrett A. Stra~g, Architect P.O. Box 1412 Southold, NY 11971-1412 Re: Ilgin/Empire Service Station Alterations Your Letter Dated December 5, 1994 SCTM #1000-112-07-001 at Route 25, Laurel Dear Mr. Strang: In response to December 5, 1994 and i~quiries from the Building Inspector, this y~.ur confirm that the alterations shown on the A-I Drawing revised 12[5/94 do conform with the ZBA decision and conditions previously rendered on this property for use in selling of packaged foods and non-food items usually found in a convenience store. The main concerns for parking have been addressed by preventing vehicles from exitinq on%ethe MaLu (SR 25) Road from the available parking on the easterly szde of the property (barrier behind telephone and extending to buildin§). The concer~s for ~nterior build_Lug access have bean addressed by previd~ng a common counter at the doorway for access hi both rooms by employees or for emergencies only. The public must ~ access to the accessory convenience sales area from the easterly outside entrance and not from the westerly entrance door. The public must also be di. rected to use the parking area on the easterly side of the bttilddLng wizen using the convenience store, and access through the westerly entrance shaU be for ~s purchases oniy. - As you are aware, all other conditions of the March 25, 1992 ZBA determination must be complied with - such as the limitation of 600 sq. ft. for the convenience sales area; no food service or preparation of foods; no expansion of floor area; no repairs for the public i~ the remaining bay area; no cooking; no drive-thru or drive in services; no table service or seating ~or public use. Any deviation from these conditions wili require £'urther approval, by re-application to the Board of Appeals. Also, you are required to apply to the Building appropriate permit(s) or approval(s). Very truly yours, GERARD P. GOEiIRINGER /IIAII{.MAN ~-~ Inspector for other BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Gerard P. Goehringer Robert G. Kassner, Site Plan Reviewer:~ Request for comments: T. Petikas Riverhead Building & Supply M. Rosen Radio Tower Nextel Communications AMAC/ Former Empire Service Station T. Petikas · Recommend that Suffolk County Department of Public Works be notified as we understand that road work is planned for Route 48. Riverhead Building & Supply · See attached memo dated April 1, 1998. Rosen Radio Tower · Board feels that Town Code Article XVI, 100-160, Wireless Communication Facilities applies to this use. Nextel Communications Board favors this collocation of antenna. AMAC/former Empire Service Station · See attached memo dated March 10, 1998 Attachments Chairman %V'IT,T,'r~ j. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM. JR. RICHARD G. WARD (516) PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Zoning Board of Appeals G. Kassner, Site Plan Reviewer~ Robert Request for comments Empire Service Station Main Read, Laurel SCTM# 1000-122-7-1 DATE: March 10, 1998 This will update our memo to you of December 29, 1997, on the above ~'equest for a variance. The appUeant has, of this date, not submitted a site plan application as requested by this Board for the proposed canopy. Instead, we have received a waiver request which this Board has denied. The attached papers show: 1. A prellmtnapy site plan was submitted to the p]Runlt~g Board on 12-29-86. A variRnce was granted for the convenience store on April 23, 1987, with findings that a site plan application was presently before the Planning Board. (The Planning Board had only a preliminary plan, not an application and fee). The Planning Board coordinated this preliminary site plan with the New York State Department of Transportation, and vecaived recommendations for curbing and eight other safety items. This DOT requirement was sent to the applicant for compliance. 4. The applicant did not continue with the site plan. The Building Department received a letter from the DOT on February 28, 1995, requesting that a Certificate of Occupancy not be issued for the Convenience Store until the DOT recommended safety improvements were made. On February 13, 1998, the Planning Board received a waiver request for a proposed canopy. On February 18, 1998, the Planning Board sent a letter to the applicants agent denying the waiver request because the intensity of use at the site had been increased by the convenience store thus requiring site plan review. In its February 18, 1998, letter, this Board requested that the applicant continue with the site plan application and DOT safety improvements. As previously' mentioned, to date the Board has not received the requested site plan. ce: Edward Forester, Director of Code Enforcement Laury Dowd, Town Attorney Garrett Strang, R.A. Garrett A. Strang Architect March 2, 1998 1280 Traveler St., Box 1412 Southold; New York 11971 Telephone (5!6) 765-5455 Fax (516) 765-5490 Town of Southold Planning Board Main Road Southold, NY 11971 Attention: Roberu G. Kassner Site Plan Reviewer Re: Empire Service Station, Main Road, Laurel, NY SCTM ~1000-122-7-1 Dear Mr. Kassner: I am in receipt of your letter of February 18th in connecnlon with the above referenced manter and wish to reply accordingly. Several weeks ago, a Waiver from Site Plan was requested, based on the fact that the Owner's proposal to lnsnall a canopy over existing gasoline pumps is not expected no result in an increase no traffic flow, nor could it be considered an intensification of use. Further, inasmuch as this is a new action, this office is non aware of any manner pending before your board. Please provide clarification. To the besn of my knowledge, a Certificane of Occupancy is in place for the use as in currently exists. If you have any questions, please call me an the office. Very truly yours, Garrett A. Strang, R.A. Architect Southold Town c: J. Ilg;n Planning Board BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCH/E LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Zoning Board of Appeals Robert G. Kassner, Site Plan ReviewerS,x Request for comments Empire Service Station Main Road, Laurel SCTM# 1000-122-7-1 DATE: March 10, 1998 This will update our memo to you of December 29, 1997, on the above request for a variance. The applicant has, of this date, not submitted a site plan application as requested by this Board for the proposed canopy. Instead, we have received a waiver request which this Board has denied. The attached papers show: 1. A prelimina~r site plan was submitted to the Planning Board on 12-29-86. A variance was granted for the convenience store on April 23, 1987, with findings that a site plan application was presently before the Planning Board. (The Planning Board had only a preliminary plan, not an application and fee). The Planning Board coordinated this prelimina~r site plan with the New York State Department of Transportation, and received recommendations for curbing and eight other safety items. This DOT requirement was sent to the applicant for compliance. 4. The applicant did not continue with the site plan. The Building Department received a letter from the DOT on February 28, 1995, requesting that a Certificate of Occupancy not be issued for the Convenience Store until the DOT recommended safety improvements were made. On February 13, 1998, the Planning Board received a waiver request for a proposed canopy. On February 18, 1998, the Planning Board sent a letter to the applicants agent denying the waiver request because the intensity of use at the site had been increased by the convenience store thus requiring site plan review. In its February 18, 1998, letter, this Board requested that the applicant continue with the site plan application and DOT safety improvements. As previously mentioned, to date the Board has not received the requested site plan. ee: Edward Forester, Director of code Enforcement Laury Dowd, Town Attorney Garrett Strang, R.A. SI'Al E OIz NEW Yul.~li D~_.PAR'I'N~'~.N I" OF' TP, ANSPORTATION 1900 Rt. 58, Riverhead, N.Y. 11901 February 28, 1995 Thc~aas Fisher Senior Bldg. Insp. Town Hall Main St. SoutJ~ld, New York, 11971 RE: Case ~92-48 - Empire Service South side of Route 25 E~st of Bray Ave., Mattituck Dear Mr. Fisher, Early in 1992 site plans were s,~al~tted a~ reveiwed by this Depart- u~nt for a change of use for the ~L~ire Service Station at the noted loration. Recently I oDserved senovation work progressing on the exist- ing building however to date no Highway Work Permit has been issued by this Department for the h,prov~nts to the State Highway to insure safe ingress and egress to the site. I respectfully request that the Town not issue a Certificate of Occupancy for this sate without written approval fr~n the Depardnnent of TransDortation. ,Iqur s, q truly , ,,~ idency 03, Region 10 E. Suffolk JY:KMB CC: Richard G. Ward, Chairnmn, F. SJ~none - Pemnits - Haupp. J. Lentini - Traffic - Haupp. File Southold Town Plannin~ Board 11995 SO~T,~OLD 10,.';'1 pLAt'Ii'lING 81),~{O _ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairm~n WILLIAM J. CREMERS KENIVETH L. EDWARDS GEORGE I~ITCHIE LATHAM, JR. RICIL~D G. WARD Town Hall, 53095 Main 1~ P.O. Box 1179 Southold, New York 1197 Fs.x (516) 765-3136 Telephone (516) 765-193~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 18, 1998 Garrett Strang, R.A. 1230 Travler Street., Box 1412 Southold, NY 11971 RE: Empire Service Station Main Road, Laurel SCTM# 1000-122-7-1 Dear Mr. Strang, The planning Board has reviewed your waiver request for the above project. As the Planning Board has a pending site plan for this project and the New York State Department of Transportation had Previously requested curbing to in~ure safe ingress and egress to the site, we cannot approve your waiver request. Further, this Board received a letter from John Youngman of the NYSDOT requesting that the Town not issue a Certificate of Occupancy for this site without written approval from the Department of Transportation. If you have any questions, or require further assistance, please contact this office. Site Plan Reviewer .'P~ge 2 - Appeal No. Matter of SUKRU ILGIN~II)ID OTHERS Decision Rendered April'23, 1~8~ pumps; (b) gasoline station office on survey prepared February 13, 1987 Engineers, P.C. and two-bays, all as shown by Peconic Surveyors & 4. The area to be used for the "convenience store" at the southerly half of the existing structure of a size 27.6 ft. x 28.9 ft. The most northerly half will continue to be used as a gasoline-station office area. is 5. The consensus of the Board is to permit the estab- lishment of a "convenience store" in the southerly half of the existing structure to be used accessory and incidental to the gasoline-service station use, and not as a separate principal business use. It shall be understood that only one exterior entranceway shall be permitted at the west side of the existing building which is presently for the gasoline- station office area, and a second entranceway which the owner finds necessary shall be located only at the east side of the existing building. The minimum eight parking spaces must remain open and unobstructed at all times to allow safe and convenient parking for customers. 6. It is noted for the record that a site-plan applica- tion is presently pending before the Southold Town Planning Board, and Certificate of Occupancy ~Zl0810 was issued by the Southold Town Building Department on December 9, 1981 to Peter J. Warren and Linda L. Ryan (predecessors in title} for a gas service station. 7. It is also understood that the existing vehicle lifts and vehicle-repair areas will be eliminated and replaced with this accessory "convenience store" use. In considering this application, the board also finds and determines: (a) that the use as proposed is consistent with and will promote the general purposes of the zoning code and maps; (b) the circumstances of the property are unique; (c) there will not be a substantial change in the essential character of the neighborhood; (d) there is no other method feasible for appellants to pursue other than a variance; (e} the relief requested is substantial in relation to the require- ments; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or adjacent use districts; (g) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Messrs. Douglass and Goehringer, it was RESOLVED, to GRANT a Variance under the Provisions of Article VI, Secti~O-62 for the establishment of a "convenience store" accessory and incidental to the existing gasoline-service station use in this "B-l" General Business Zoning District, as applied under Appeal No. 3618, Matter of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING C~.RP.~ SUBJECT TO THE FOLLOWING CONDITIONS: shall (only 1. Any additional proposed exterior entranceway be located on the east side of the existing building; one as exists shall be permitted on the west side}; 2. The parking area(s}: {a} shall be paved along the Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SOUTHOLD, L.I,. N.Y, 11cJ'~1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 36]8 Application Dated February ]9, ]987 TO: Andrew E. Go'dale, ~Esq. as Attorney fgr SUK~U ILGIN &'OTHERS Main Road, Box 1SA Mattituck, NY 1!952 [Appellant(s)] At a Meeting of the Zonin? Board of Appeals held.on April 23~ ]987 the above appeal was considered, and the action indicated below was ~aken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article VI , Section ]00-62 [ ] Request for Application of SUKRU ILGIN AN.D_~INE P.£KS~N d/b/a OCEAN HOLDING CORP. for a Variance to the Zoning Ordinance, Article VI, Section , -I-6-~-~'-62 for permission to operate convenience store in addition.to existing gasoline service station uses at 7400 Main Road, Laurel, NY; County Tax Map District 1000, Section 122, Block 7, Lot O1.-" WHEREAS, a public hearing was held and concluded on April 2, 1987.in the MattQr of the Application of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HO.L.~.!NG'.CORP. under Appeal No. 3618;-and WHEREAS, at ~aid hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a variance under the Provisions of Article VI, Section 100-62, (which requires a minimum lot area of one acre for a shopping center), in order to establish a "convenience store" for the on-premises sales of packaged food and non-food items (without food preparation or on-premises food services), in conjunction with the existing gasoline-service station use. 2. The premises in question is a described parcel of land located in the "B-I" General Business Zoning District, containing a total lot area of 11,984 sq. ft. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing i(CONTINUED ON PAGE TWO) DATED: April 23, 1987. Forr~ ZB4 (rev. 12/81) C}tAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~age 3 - Appeal No.(~618 Matter of SUKRU ILG~mN'AND O~HERS Decision Rendered April 23, 198/ east side of existing building; (b) shall remain open and unobstructed at all times for customers use; (c) shall be sufficiently lighted; 3. All outside lighting shall be sufficiently shielded from the highway and neighbors; 4. A maximum four sq. ft. sign shall be placed on the front of building indicati'ng "PARKING.AT THE REAR" (east ~ side) FOR CONVENIENCE STORE CUSTOMERS; 5. The "convenience stare" use granted hereunder is permitted only accessory and incidental to the gasoline- service station use presently established, and not as a separate principal business, use; 6. No food service or sales of prepared foods, no cold cut/deli items, or other food services (except pre-packaged); 7. No expansion or further construction without reapplication or new application for consideration to both the Planning Board and Zoning Board of Appeals, and any other department or agency having jurisdiction thereof. 8. This variance is temporary for a maximum period of two years, EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein, within this limited two-year period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, ..- Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. G~'RARD P. GOEHRINGER, C~AIRMAN April 28, 1987 Service Station (844) Average Vehicle Trip Ends vs: Gasoline Pumps On'a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: Average Number of Gasoline Pumps: Directional Distribution: 7 8 50% entering, 50% exiting Trip Generation per Gasoline Pump Average Rate Range of Rates Standard Deviation 15.18 7.80 - 37.25 10.05 :)ata Plot and Equation 0 7 X = Number of Gasoline Pumps X Actual Dm Polnt~ Fitted Curve Equ,,tlon: Not given 9 10 ...... Average hate .R2 = ***~ ,, Trip Generation, 'January 1991 1349 Institute of Transportation Engineers ~Servioe~tation with Convenience Market (845) £,~;,¢~/,/~ o ~e. z~ Average~Vehicle Trip Ends vs: 1000 Sq. Fcct Gross Floor Ares On a: Weekday, Peak Hour of Adjacent Street Traffic One Hour Between 4 and 6 p.m. Number of Studies: Average 1000 Sq. Feet GFA: Directional Distribution: 20 1 50% entering, 50% exiting Trip Generation per 1000 Sq. FeetGross Floor Area Average Rate Range of Rates Standard Deviation 81.95 27.86 - 232.22 46.17 Data Plot and Equation ,~. 300, II 100 o 0.8 1 .o 1.2 1.4 1.6 1.8 2.o 2.2 2.4 2.6 2.8 X = 1000 Sq. Feet Gross Floor Area X Aatu~l Data Polnta ...... Average Rate R2 = **** Fitted Curve Equation: Not given Generation, January 1991 1362 Institute of Transportation Engineers ~..~"~'~"~ P.O. Box 1179 ~~ ' Southold, New York I ~97 , ~~BOARD OFFICE ~~~" TOWN OF SO--OLD Fax 516 76 May 8, 1992 Garrett Strang, Architect Main Road P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan for Empire Service Station Main Road, Laurel Zoning District: General Business SCTM# 1000-122-7-1 Dear Mr. Strang: The Planning Board has reviewed your letter and sketch of April 22, 1992, of an alternate site plan showing access to the convenience store from Old Main Road only. The Board's policy with regard to site plan elements resulting from a change in use or to a more intensive use is to require compliance with all requirements of other government agencies. Therefore, the Board would like you to comply with the Department of Transportation,s recommendation contained in their letter of April 19, 1991, previously sent to you. Curbing and curb cuts must also be installed on Old Main Road in order to ensure safe and orderly ingress and egress to · both the pumps and convenience store. If you have any questions, or require additional information, please contact this office. CC: Very truly yours ~ennett Orlowski, Jr. Chairman Victor Lessard, Principal Building Inspector '¢,'ILLi.A-~i J CREMERS · KENNETH L. EDWARDS ~ GEORGE RITCHIE LATH-~,-~I, g~ RICI-L&RD G. WARD Fax i516¢ 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOW'N OF SOUTHOLD TO: FROM: RE: DATE: Zoning Board Office Planning Board Request for comment December 29, 1997 Appl. ¢,t4530 AMAC, Inc. (Former Empire Service Station) Main Road, Laurel SCTM# 1000-122-7-1 The Board has a pending site plan for a convenience store. This plan has not been pursued by the applicant. The New York State Department of Transportation had previously requested curbing, curb cuts and shoulder restoration. (See attached letters from the NYSDOT.) The Board does not have an application for the proposed canopy and thus cannot comment on the proposed plan at this time. If you have elevation drawings, lighting and a site plan as part of the application, please share this with us and we will make comments on the information available. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 18, 1998 Garrett Strang, R.A. 1230 Travler Street., Box 1412 Southold, NY 11971 RE: Empire Service Station Main Road, Laurel SCTM# 1000-122-7-1 Dear Mr. Strang, The planning Board has reviewed your waiver request for the above project. As the Planning Board has a pending site plan for this project and the New York State Department of Transportation had previously requested curbing to insure safe ingress and egress to the site, we cannot approve your waiver request. Further, this Board received a letter from John Youngman of the NYSDOT requesting that the Town not issue a Certificate of Occupancy for this site without written approval from the Department of Transportation. If you have any questions, or require further assistance, please contact this office. Site Plan Reviewer PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS K~NNETH L. EDWARDS GEORGE RITCHIE L~.TI-IAM, JR. RICt-IARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Zoning Board Office Planning Board Request for comment December 29, 1997 Appl. #-4530 AMAC, Inc. (Former Empire Service Station) Main Road, Laurel SCTM# 1000-122-7-1 The Board has a pending site plan for a convenience store. This plan has not been pursued by the applicant. The New York State Department of Transportation had previously requested curbing, curb cuts and shoulder restoration. (See attached letters from the NYSDOT.) The Board does not have an application for the proposed canopy and thus cannot comment on the proposed plan at this time. If you have elevation drawings, lighting and a site plan as part of the application, please share this with us and we will make comments on the information available. SIAl E O1-- NEW DEPARTN1F..N F OF -I-RANSPORTATION 1900 Rt. 58, Riverhead, N.Y. 11901 February 28, 1995 'i'h~tas Fisher Senior Bldg. Insp. Town Hall Main St. SouLhold, New York, 11971 RE: Case ~92-48 - Fn~pire Service South side of Route 25 EdSE Of bi:ay Ave., Mattituck Dear Mr. Fisher, Early in 1992 site plans were sut~nitted and reveiwed by this Depart- ment for a change of use for tile f]upire Service Station at the noted location. Recently I observed renovation work progressing on the exist- ing building however to date no Highway Work Permit bas been issued by this Depar~t~ent for the Jmprov~uei]ts to the State llighway to insure safe ingress and egress to the site. I respectfully request that the Town not issue a Certificate of Occupancy for this site without written approval frown the Depart~nent of Transp3rtation. Y~our~.) truly, ,$ nit Engineer idency 03, Region 10 E. Suffolk JY:KMB cc: RicQar~ G_. ~a{~t..C_~a__i~!mn, Sou_thold Town Planning Board F. S~f~ne - Permits - Haupp. J. Lentini - Traffic - Haupp. File S0{JTHOLI) 1 (~V:;~ I>.L). bo× .. , ~ Southoid, NY 11971 Dear Mr. Orlowski: Our Case No. 92-48 Empire Service Station Route 25, Laurel Your March 5, 1992 Submission S.C.T.M. #1000-122-7-1 This is in reference to the site plans for the above noted project which were submitted to this office for review. Prior to the issuance of a New York State Highway Work Permit, the following items must be addressed: 1. Concrete curbing must be installed along the Route 25 site frontage. 2. Provide a concrete curb radius at the Old Main Road intersection. We recommend a property dedication to the Town of Southold to improve this radius. Proposed curb cuts must be modified. Maximum 30 foot wide curb cuts for two-way traffic in the vicinity of the pump islands. Maximum 15 foot wide curb cuts for the proposed one- way operation at the rear of the proposed convenience store. Angled parking stalls at the east end of this site would better influence the proposed one-way operation. Traffic bearing asphalt must be installed within the curb cuts as shown on the attached sketch for the full shoulder width· Show this pavement detail on the plans. Mr. Bennett 0rlowski page 2 April 9, 1992 5. Interior channelization curbing at the curb cuts must also be installed- 6. Drainage must be installed along Route 25. Show calculations to support drainage proposals- 7. All on-site water must be contained on site. Show on-site drainage proposals. Show grades on site and at the curb line of Route 25. 8. Locate and replace the existing 'Stop' (~-~ sign on Old Main Road. Traffic signs must be installe the proposed one-way curb cut. Ail signs must conform to the M.U.T.C.D. and must be reflectorized- Ail traffic signs must be installed as shown on the attached detail sheet. Show the installation detail on the plans. 9. Proposed and existing planters must not interfere with motorists visibility. We recommend these areas remain clear to maintain sight distance. Resubmission of revised plans m__us~ be identified as revisions and must refer to our case number. Failure to provide this information wil~ delay the processing of your permit. Work Permit you must submit four .... :~uance of a H~ghway .... ~ =uretU bond (sample ~rlor ~ ~ . -~ ~]ans oerm~t zee ~u ~ _ ~ l~abilitv ~ of the rev~s~u F~ ' ~-~, that protecL~v~ ~ . , ~ insurance be ~dab~omtph~e~m~rm 17, Certl~lc~t~m~n~~ Permit Fee (Payable to "State of New york"): Not a~plicable at this time. Bond Amount: Not applicable at this time. insurance Fee: Not applicable at this time. Mr. Bennett Orlowski page 3 April 9, 1992 Any ~uestions pertaining to the review of directed to J. Lentini at (516) 360-6020. questions should be directed to me. Sincerely, this site plan may be The permit fee and bond VITO F. LEPTA Regional Permit Engineer VFL:JL:BT Attachments cc: Ms. Valerie Scopaz STATE OF' NEW YORK DEPARTMENT OF TRANSPORTATION 1900 Rt. 58, Riverbead, N.Y. 11901 February 28, 1995 Thomas Fisher Senior Bldg. Insp. Town Hall Main St. Southold, New York, 11971 RE: Case #92-48 - Empire Service South side of Route 25 East of Bray Ave., Mattituck De~rMr. Fisher, Early in 1992 site plans were submitted and reveiwed by this Depart- ment for a change of use for the ~mpire Service Station at the noted location. Recently I observed renovation work progressing on the exist- ing building however to date no Highway Work Permit has been issued by this Department for the improvements to the State Highway to insure safe ingress and egress to the site. I respectfully request that the Town not issue a Certificate of Occupancy for this site without written approval from the Department of Transportation. Y,~ours/)truly, ,~ //Pe ±t ine r Residency 03, Region 10 E. Suffolk JY:KMB cc: Richard G. Ward, Chairman, Southold Town Plannin~ Board F. Simone - Permits - Haupp. J. Lentini - Traffic - Haupp. .File ~,~'APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 9, 1994 Mr. Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971-1412 Re: Ilgin/Empire Service Station Alterations Your Letter Dated December 5, 1994 SCTM #1000-112-07-001 at Route 25, Laurel Dear Mr. Strang: In response to December 5, 1994 and inquiries from Inspector, this Yv~ confirm that the alterations shown the Building on the A-I Drawing revised 12/5/94 do conform with the ZBA decision and conditions previously rendered on this property for use in selling of packaffed foods and non-food items usually found in a convenience store. The main co.ncerns for parking have been addressed by preventing vehicles from exat±n~ on~othe Main (SR 25) Road from the available parking on the easterly szde of the property (barrier behind telephone and extending ~o building). The concerns for interior building access have been addressed by providing a common counter at the doorway for access in both rooms by employees or for emergencies only. The public must ff~.in access to the accessory convenience sales area from the easterly outside entrance al~or and not from the westerly entrance door. The public must also be di. rected to use the parking area on the easterly side of the building when using the convenience store, and access through the westerly entrance shall be for gas purchases oniy. As you a~'e aware, all other conditions of the March 25, 1992 ZBA determination must be complied witli - such as the limitation of 600 sq. ft. for the convenience sales area; no food service or preparation of foods;, no expansion of floor area; no repairs for the public in the remaining bay area; no cooking; no drive-thru or drive in service.~; no table service or seating for public use. Any de. viation from those conditions will require further approvai, by re-application to the Board of Appeals. Also, you are required to apply to the appropriate permit(s) or approval(s). Very truly yours, GERARD P. GOEIIRINGER CIIAiRMAN -'i~-~' ~ Building Inspector for otlier Garrctt A. Strang Archfl~ct Main Road, P. O. Box 1412, Southold, NY 11971 (516) 765-5455 November 19, 1992 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Empire Service Station/Convenience Store SCTM ~1000-122-07-01 Dear Mr. Orlowski and Members of the Board: I am in receipt of your correspondence and attachment dated October 21, 1992 and have reviewed same with my client. On behalf of my client Mr. Ilgin, I herewith request an appointment to meet with the Board at a work session for the purpose of a presubmission conference to discuss our proposal in depth so that the application process can proceed in an orderly and timely fashion. Please advise this office as to the date and time of such conference, so arrangements can be made for my client to attend. Thank you fo~ your courtesy and cooperation. Very truly yours, GAS/bs Garrett A. Architect cc: J. Ilgin Strang 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 October 21, 1992 Garrett Strang, Architect Main Road P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan for Empire Service Station Ma~n Road, Laurel SCTM# 1000-122-7-1 Dear Mr. Strang: In response to your inquiries, the Planning Board asked personnel at the New York State Department of Transportation to clarify that department's position on the site improvements they had required for the Empire Service Station in their April 9, 1992 letter. A copy of that department's response is enclosed. The Board suggests that the site plan be revised to include their recommended site improvements. If you have any questions, or require additional information, please contact this office. Sincerely, Bennett Orlowski, Jr. Chairman Encl. JAMES A. KUZLOSKI REgiONAL D~R£CTOR October 13, 1992 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER Mr. Bennett Orlowski Jr. Chairman Town of Southold Planning Board Town Hall 53095 Main Road Southold, New York 11971 Dear Mr. Orlowski: Your September 22, 1992 Letter Our Case No. 92-48 Proposed Site Plan Empire Service Station Route 25 Laurel S.C.T.M. ~1000-122-7-] Department policy, whenever a site plan is submitted for our review and comment, is to require the applicant to improve substandard access and roadway appurtenances along the State highway. The Town of Southold submitted the Empire Service Station plan for our review which generated our April 9, 1992 comments. Existing conditions at the subject site influence random traffic movements onto and off Route 25 and Old Main Road. The applicant's presentation that ingress and egress for the convenience store has changed from Route 25 to Old Main Road does not ensure all new traffic generated by this store addition will access the site from Old Town Road. Existing conditions will continue to influence random traffic movements from both roads by patrons of the gas station and the proposed convenience store. ~n summary, any site plan submitted to this office is subject to · mprovement of substandard conditions along the State highway. In the specific case of the Empire Service Station submission, our April 9, 1992 comments still apply. EQUAL OPPORTUAI/TY/AFF/RMA?/!/E ACT/O/V EMPLOYER Mr. Bennett Orlowski Jr. October 13, 1992 Page 2 If you have any additional questions in this matter, please contact this office. Very truly yours, JAMES O. FREIN ~/Regional Traffic Engineer JOF:JL:JS Garrct:t A. Strang Architect Main Road, P. O. Box 1412, Southold, NY 11971 (516) 765-5455 September 21, 1992 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Empire Service Station/Convenience Store SCTM #1~00-122-~7-01 Dear Mr. Orlowski and Members of the Board: On April 22, 1992, I submitted to your office an alternate site plan for the above referenced project, eliminating any access to or from NYS Route 25 for the Convenience Store use. On June 15, 1992 you addressed a letter (including a copy of my amended site plan) to the New York State Department of Transportation, requesting a review of the revised plan to determine if any of the requirements contained in the DOT correspondence of 4/9/92 apply to the revised submission. It has been more than ninety (90) days since your request was made to the NYS DOT, and as of this date, their office has failed to respond. Accordingly, since there will be no modifications to the site access from State Route 25, and therefore no curbcut application will need to be made, it is my opinion that the State has no interest in this project. I hereby respectfully request that a conference date be established to review the Board's requirements for Old Main Road, so that the Site Plan can be finalized and my client can proceed with his project. Thank you for your courtesy and cooperation. GAS/bs C: J. Ilgin Very truly yours, Garrett A. Strang Archite( SEP 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 II79 Southold, New York 11971 Fax (516) 765-1823 ~eptember 22~ 1992 rite F. Lena, Regional Permit Engineer State of New York Department of Transportation Veterans Memorial Highway Hauppauge, NY 11971 RE: Proposed Site Plan for Empire Service Station Route 25, Laurel SCTM# 1000-122-7-1 Your Case No. 92-48 Dear Mr. Lena: The Planning Board has received your letter of April 9, 1992, containing items to be addressed concerning the above referenced project. The applicant has changed the ingress and egress for the convenience store from Route 25, to Old Main Road, (see enclosed plan). The Planning Board would like to know if any of the comments in your letter of April 9, 1992, apply to the new situation, specifically, curbing and curb cuts for the gas station on Route 25. If you have any questions, or require further assistance, please contact this office. Very truly yours, ~lowski, Jr. ' Chairman cc: James Lentini, NYS Department of Transportation John Falatico, NYS Department of Transportation GmTett A. Strang Architect Main Road, P. O. Box 1412, Southold, NY 11971 (516) 765-5455 September 21, 1992 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, New York 11971 ~ Re: Empire Service Station/Convenience Store SCTM #1000-122-07-~1 U ! Dear Mr. Orlowski and Members of the Board: O.n. Apr~ll 22~, 1992, I submitted to your office a.n a!ter~e site p±an ~or the above referenced project, eliminating any access to or from NYS Route 25 for the Convenience Store use. On June 15, 1992 you addressed a letter (including a copy of my amended site plan) to the New York State Department of Transportation, requesting a review of the revised plan to determine if any of the requirements contained in the DOT correspondence of 4/9/92 apply to the ~revised submission. It has been more than ninety (9~) days since your request was made to the NYS DOT, and as of this date, their office has failed to respond. A.~c~._e~'~sin~ there w~l! :m~ op~n~o~~e~B%at~ has no interest in this project. I hereby respectfully request that a conference date be established to review the Board's requirements for Old Main Road, so that the Site Plan can be finalized and my client can proceed with his project. Thank you for your courtesy and cooperation. GAS/be c: J. Ilgin Very truly yours, Garrett A. Strang Architect -- ~ U[][ SEPal PLA' Garrctt A. Strang Archi tccl Main Road, P. O. Box 1412, Southold, NY 11971 (516) 765-5455 April 22, 1992 Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: Empire Service Station Convenience Store Tax Map 9 1~0~-122-~7-~1 Dear Mr. Orlowski and Members of the Board I am in receipt of your correspondence dated April 16, 1992 with regard to New York State DOT requirements at the above referenced site. In reviewing the above, the extent of the specific requirements of the State are extremely disproportionate to the scope of the proposed alteration permitted by the recent zoning board decision, and presents an undue economic hardship to my client. In response, I am submitting for your review and infor- mation, a sketch of an alternate site plan. I have proposed that access to the convenience store parking be from the Old Main Road only, thereby eliminating any al- teration to the existing site development along the State highway. I look forward to discussing this matter with you at the meeting of Monday, April 27th. GAS/g Very truly yours, 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'I-F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax I5161 765-1823 June t5, i99~ John Falatico Director of Planning & Project Management New York State Office Building Veterans Memorial Highway Happague, NY 11787 Re: Proposed site plan for Empire Service Station 7400 Main Road, Laurel Zoning District: General Business (B) SCTM9 1000-122-7-1 Dear Mr. Falatico: On March 5, 1992, the Planning Board sent a letter to you requesting your review of a site plan for Empire Service Station. Mr. Vito Lena responded to our request in a letter dated April 9, 1992, copy enclosed. The applicant has revised the plan to show the egress and ingress on Old Main Road only. The Board would appreciate Mr. Lena's review of this revised plan to determine if any of the requirements contained in your April 9, 1992, apply to this revised plan. If you have any questions, or require further information, please contact Robert Kassner of this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Garrett Strang, Architect I: I ,/ ~EGIONAL DIEECTOR October 13, 1992 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER Mr. Bennett Orlowski Jr. Chairman Town of Southold Planning Board Town Hall 53095 Main Road Southold, New York 11971 Dear Mr. Orlowski: Your September 22, 1992 Letter Our Case No. 92-48 Proposed Site Plan Empire Service Station Route 25, Laurel S.C.T.M. ~1000-122-7-1 Department policy, whenever a site plan is submitted for our review and comment, is to require the applicant to improve substandard access and roadway appurtenances along the State highway. The Town of $outhold submitted the Empire Service Station plan for our review which generated our April 9, 1992 comments. Existing conditions at the subject site influence random traffic movements onto and off Route 25 and Old Main Road. The applicant's presentation that ingress and egress for the convenience store has changed from Route 25 to Old Main Road does not ensure all new traffic generated by this store addition will access the site from Old Town Road. Existing conditions will continue to influence random traffic movements from both roads by patrons of the gas station and the proposed convenience store. In summary, any site plan submitted to this office is subject to improvement of substandard conditions along the State highway. In the specific case of the Empire Service Station submission, our April 9, 1992 comments still apply. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACT/ON EMPLOYER Mr. Bennett Orlowski Jr. October 13, 1992 Page 2 If you have any additional questions in this matter, please contact this office. Very truly yqu, rs, ~ Regional Traffic Engineer JOF: JL: JS 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 (5~6) 765-1823 May 8, 1992 Garrett Strang, Architect Main Road P.O. Box 1412 Southold, NY 11971 RE: Proposed site plan for Empire Service Station Main Road, Laurel Zoning District: General Business SCTM9 1000-122-7-1 Dear Mr. Strang: The Planning Board has reviewed your letter and sketch of April 22, 1992, of an alternate site plan showing access to the convenience store from Old Main Road only. The Board's policy with regard to site plan elements resulting from a change in use or to a more intensive use is to require compliance with all requirements of other government agencies. Therefore, the Board would like you to comply with the Department of Transportation's recommendation contained in their letter of April 19, 1991, previously sent to you. Curbing and curb cuts must also be installed on Old Main Road in order to ensure safe and orderly ingress and egress to both the pumps and convenience store. If you have any questions, or require additional information, please contact this office. Very truly yours Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector P.O. box . , ~ Southold, NY 11971 Dear Mr. Orlowski: Our Case No. 92-48 Empire Service Station Route 25, Laurel Your March 5, 1992 Submission S.C.T.M. #1000-122-7-1 This is in reference to the site plans for the above noted project which were submitted to this office for review. Prior to the issuance of a New York State Highway Work Permit, the following items must be addressed: Concrete curbing must be installed along the Route 25 site frontage. ® Provide a concrete curb radius at the Old Main Road intersection. We recommend a property dedication to the Town of Southold to improve this radius. Proposed curb cuts mus~ be modified. Maximum 30 foot wide curb cuts for two-way traffic in the vicinity of the pump islands. Maximum 15 foot wide curb cuts for the proposed one- way operation at the rear of the proposed convenience store. Angled parking stalls at the east end of this site would better influence the proposed one-way operation. Traffic bearing asphalt must be installed within the curb cuts as shown on the attached sketch for the full shoulder width. Show this pavement detail on the plans. Mr. Bennett Orlowski page 2 April 9, 1992 Interior channelization curbing at the curb cuts must also be installed. Drainage must be installed along Route 25. Show calculations to support drainage proposals. Ail on-site water must be contained on site. Show on-site drainage proposals. Show grades on site and at the curb line of Route 25. Locate and replace the existing 'Stop' (Ri-iC) sign on Old Main Road. Traffic signs must be installed for the proposed one-way curb cut. All signs must conform to the M.U.T.C.D. and must be reflectorized. All traffic signs must be installed as shown on the attached detail sheet. Show the installation detail on the plans. Proposed and existing planters must not interfere with motorists visibility. We recommend these areas remain clear to maintain sight distance. Resubmission of revised plans must be identified as revisions and must refer to our case number. Failure to provide this information will delay the processing of your permit. Prior to issuance of a Highway Work Permit you must submit four sets of the revised plans, permit fee and surety bond (sample ~nclosed). It is also mandatory that protective liability Insurance be provided by the permittee. This must be accomplished either submitting a completed Perm 17, Certificate of Insurance, ~ accordance with Option'A (form enclosed), or by submitting the fee specified below to be covered under the NYSDOT Blanket Policy. Permit Fee (Payable to "State of New York"): Not applicable at this time. Bond Amount: Not applicable at this time. Insurance Fee: Not applicable at this time. Mr. Bennett Orlowski page 3 April 9, 1992 Any questions pertaining to the review of this site plan may be directed to J. Lentini at (516) 360-6020. The permit fee and bond questions should be directed to me. Sincerely, VITO F. LENA Regional Permit Engineer VFL:JL:BT Attachments cc: Ms. Valerie Scopaz ~ SOUTHOLD TOWN PLUG BOARD 21 L 27, 1992 Mr. Orlowski: There is nothing left on my agenda tonight. Does anyone have any questions? Ms. Geraghty: I have the homeowner of perhaps he could answer some questions we may have another moment? Summit Estates and that were not answered if Mr. McDonald: At this point, from my standpoint, I would like to see what we can. put down in writing to get a written response. We need to digest what the neighbors have to say and see if we can make any sense out of that. Mr. Fakiris: I am not going to produce the project if we delay it any longer. The time is very critical so if you want to postpone it for another year, I don't think I am going to be able to provide the expenses. Mr. Orlowski: I don't see it being postponed for another year, we have some questions that were brought up tonight in the public hearing process. Mr. Fakiris: I am here to answer your questions. Mr. Orlowski: Well, like Mr. McDonald said, we are going to review everything and then we will get back and put our questions in writing and get an answer back in writing. Mr. Fakiris: O.K. Mr. Orlowski: Anyone else have any questions? Mr. McDonald: Our attempt would be to get the answers to make a resolution on this subdivision for the next meeting right? Would that be our intent? Mr. Orlowski: Yes, our next meeting. any comments or questions for us? Does anyone else have Mr. Orlowski: Mr. Strang did you have some questions? Mr. Strang: Good evening, I addressed a letter to the Board this past week and attached with it a copy of a sketch of a proposed amendment to the site plan that has been before the Board for discussion on the subject premises in Laurel, the present Empire Service Station with the intent to put the convenience store in the present service space now. As per the comment the Board presented the last time with respect to waiting for the input from the State DOT, it became evident when we received that letter from the DOT that the extent of SOUTHOLD TOWN PLAN~G BOARD 22 A~ 27, 1992 improvements that they want along NYS Route 25 is considerably disproportionate in cost to the extent of the allowed development of the convenience store which has already been reduced to 600 square feet. It was our position that the input from the State DOT was prompted by the fact that we had asked for a curb cut entrance from State Route 25 to service this particular facility. At this point, we feel with the reduction of the size of the convenience facility allowing us to reduce the amount of parking to be provided to that facility that we can serve that facility with a single entrance from the Town road as opposed to the State road. This really provides several different situations. 1. The existing use that presently exists, that being gasoline sales and fuel sales, will remain as it is with no modification to the site plan required. The new use which the Zoning Board has in giving its variance has requested the access strictly from the East side of the building. Basically, it dictates that the entrance to that area will be from the East side of the building and the parking to service will be to the East side of the building. As shown on the sketch, entrance to that parking will be from the town road. It is obvious that what we are attempting to do here is access that parking and deal with the Town and not the State, since the State seems unwilling to discuss further anything with respect to the State road other than these very expensive improvements. This is the reason for this presentation as an alternate and to see what the Board's input on that might be. Mr. Orlowski: So, access to the store is going to be off Old Main Road? Mr. Strang: The access to the parking area to service the convenience store will be from Old Main Road which I have been told is a Town road and not a State road. Mr. Orlowski: Everything to the north will be planted in grass and there will be no access on to the Main Road. Mr. McDonald: Is it your understanding that that would take this out of the jurisdiction of the DOT? Mr. Strang: Well, I am hoping that that is the case. I am hoping and I believe it if we don't make an application for a curb cut from them we don't have to touch the DOT and we're not looking for a curb cut from it because we are not trying to gain access for this particular use or purpose on to the State highway. The other thing from a circulation point of view, I felt that the way it was set up originally was with the access from the Main Road and when the ZBA came along and said well, you can only have a door entering a convenience store from the East side, it is dictative that someone obtaining gasoline when they are finished would have to exit onto the Main Road for approximately fifty feet or so and then zip right back into that parking lot. You are running out onto the highway where traffic is moving at 50 mph and zipping right back in again to the other location. That really wasn't in retrospect such a great situation. This present solution, anyone who is using the gas islands, who then wishes to take advantage of the convenience store would do so from the Old Main Road which has minimal traffic on it at any given time. The conflict there is much better I think, or the lack of conflict there is much more obvious. Mr. McDonald: Did the ZBA decision say anything about there should be one way traffic there. Mr. Strang: It did under our old site plan in that, that was a condition that this Board wanted, it was a condition that we had no problem with and that traffic would enter from the Main Road or the State road and exit onto the Old Main Road. Now, again, that was with I think six or seven parking places in that parking lot. We are now down to three places in that parking lot and I don't see that a two way in and out from the Old Main Road really is a problem or a condition that is worthy of any concern. Mr. McDonald: The only thing that occurred to me that their decision actually says access shall be. Mr. Strang: I could also ask for a clarification from the ZBA. Mr. Orlowski: For a convenient store, isn't it a little inconvenient to drive off one road and back on to another and then back on. What do they sell in this store? Mr. Strang: Originally, we had hoped that the Zoning Board would go along with our idea that the convenient store would be accessed from the gas dispensing area. It made a lot of sense. It is not a self service station, it is a full service station so someone while their fuel is being dispensed could take advantage of the convenience store and come out and drive away when the vehicle is finished being fueled. But they felt that it was better for what ever reason to have the entrance solely from the East side of the building and did put a condition in the decision that there would be no access from the West side of the site to the convenience store. Maybe, a convenience store is a misnomer in this case but it is still a desire of my client to have a store of this nature at his place of business. Mr. McDonald: A condition has been put on it that there shall be an entrance from the North side of the property and a exit from the South side from the subject premises onto the Old Main Road. No exiting shall be allowed on the Main Road at the Easterly yard area. I guess you have to go back to them and ask them, I mean I guess we have to ask them how they feel about this. If they feel it is a non-issue, it is a non-issue. SOUTHOLD TOWN PLUG BOARD 24 27, 1992 Mr. Strang: I think that condition was predicated on the old site plan which was the desire of this Board and again not a problem with us to have it as a one-way traffic flow through there and it certainly made sense. Mr. McDonald: But, I imagine I will have to touch base with them. I am not talking about a formal application. Mr. Orlowski: What are you going to sell in this store? Mr. Strang: The usual convenience store items, bread, milk, eggs, beverages. Mr. McDonald: While you are here, I noticed on the plan that you attached the letter that shows the planter boxes in front of the storage area. How are you going access the storage area? Will it be from the rear along with the convenience store? Mr. Strang: There is presently a door from the storage area on the south side of the building or to the storage area from the south side of the building. Mr. McDonald: The overhead doors are not functional? Mr. Strang: The overhead doors are going to be removed and replaced with store front glass. Mr. McDonald: There is an arrow that says pavement there but there is an arrow that one might think was a entrance way going into the convenience store from the gasoline side. Mr. Strang: That is a carry over from the former site plan, that Will be eradicated. Mr. McDonald: So, you wouldn't actually have an opposition to moving the planter boxes right along to the gas station office? Mr. Strang: No. Mr. Latham: Fifteen feet seems very narrow to go in there. Mr. Strang: It is a standard town criteria for a parking area of this size. Fifteen foot isle for two way traffic. Up to, I believe if I am not mistaken, up to nineteen cars can be serviced with a fifteen foot entrance in and egress and if you were to go to twenty cars or more then it enlarges to twenty feet in width. If the Board felt that they wanted a twenty foot we could give you a twenty foot opening, it is just again there is only parking there for three cars, it is not like it is a major parking facility. Mr. McDonald: You haven't made any estimates about what you expect in the way of flow here? Mr. Strang: Again, it is just a minimal situation and I think you will notice that to be the case in any of the service stations in the area that have convenience stores that every once in a while someone will pull in and make use of it. Most of the time it is people who are getting gasoline and in this case, we are all aware it is going be a little bit of a inconvenience for them to have to go around to the back of the building since there will be no door facing the gasoline side. Mr. McDonald: Can we take it over to our work session? Mr. Orlowski: We will review this. Mr. Strang: I just wanted to present it to the Board and see what their initial input was and answer any questions that you may have at this time. Mr. Orlowski: He does realize that he can't access it from the West side. Mr. Strang: He realizes that, he is happy with it but he realizes that that is the condition of his variance and he is willing to accept it. Mr. Orlowski: I know there is a door going into the office which then goes into this building but that would have to be closed off. Mr. Strang: It is closed presently and will continue to remain as such. He is aware of the conditions, it is quite explicit from the ZBA and he was aware of that condition. Mr. Orl0wski: O.K., we will get back to you. Anyone else? Mr. Mudd, I know you are here tonight with a question. Mr. Mudd: I would just like to chat a minute about a piece of property I own up here on Route 48 and try to explain this twenty-nine acres and I would just like to get the feeling of the Board before I proceed and get my shoe laces tied too tight down the road. The lots up and down that road are all one-half acre and on the south and also on the east of that road all one hundred by two hundred and I would like to get the feeling of the Board to see how we could proceed and make the rest of those lots up there on 48 to half acre lots and by dedicating the other acre and a half as open farm space and it will remain that way as part of a commitment to keep the area in farmland preservation up there with it. At the present time, there is a water main that comes down to the last lot from the south. A one inch water main and I discussed it with the water company and they were interested in running a main from the Main Road over to Route 48 so they kind of are very interested in doing it but it was going to take more money than I am prepared to SOUTHOLD PLANNING 19 ~,~1992 Mr.'Carlson: O.K., I'll try and get it straightened out with her. If there are only going to be two places in there and whether it is going to me and the antique store or whether it me and the ice cream store. Do you think that would be acceptable? is Mr. McDonald: The only thing I worry about at all there is the parking. Everybody is going to be all over the road. That is the only thing that scares me up on the hill but other than that the, I mean, the uses are there already so there is no big deal. Mr. Carlson: Well, there seems like there is plenty of parking there. Mr. McDonald: There is. There is not problem with the parking it is just that everyone has the tendency to park along the road. Everyone talking. Mr. Orlowski: Get her to send us a letter with her intent. Mr. Carlson: She might still be having a problem finding out whether or not the antique store is going in there. Mr. Orlowski: Well, it would make it a lot easier for us to make a decision. If it is going to be three we are going to have a problem. Mr. Carlson: No, it is only suppose to be two is what she told me. If we get that cleared up it will be alright? Mr. Orlowski: Yes. Mr. Orlowsk: O.K., one other item. Empire Service Station . Garrett Strang: This is Mr. Ilgin the owner of the station. We are in a position where we are going to make a formal application to the Board for the site plan action. We did receive a variance but in an amended state just recently. In fact, we haven't received the actual resolution in written format yet. I have a pretty good idea of what they approved and it sort of changes the complexion of things a little bit in what we are doing here so we just wanted to review this with the Board before we make our final application so we are all aware of what is going on. In a nut shell, the ZBA reduced the amount of square footage that can be used as the convenience store use to 600 square feet. They further put a condition in the resolution that the sole entrance to this convenience store will be on the east side of the building. It will not be accessible from the SOUTHOLD PLANNING 20 7, 1992 gasoline service side of the building. It will strictly be accessible from the east side of the building. It brings us into two particular situations. One, that the reduction in the size of the square footage is now going to reduce the amount of parking that is requisite so it will probably be reducing by several spaces the parking on the east side that was geared for the store use. Along the same lines given the fact that the entrance to this use is solely from the east side, well obviously developing that east side with the necessary parking, curbing and landscaping. What we would like to address further the issues of the Board's concerns with the gasoline side of the site. That really is not going to change in use since it has been for years, from day one, a gasoline service station and now since the convenience store can't be accessed from that side it is still going to remain solely that gasoline use. Our primary concern really, has to do with the Board's comment about curbing on that side. We really have no problem with curbing on the East side because that part of the site is pretty much undeveloped at this point in time and to put curbing in is not really a problem. Secondly, introduction of curbing on the side of the building that is already being developed and paved over the years over the right-of-way to the state highway and the town road. Introducing curbing there, Mr. Rosen pointed out to me in some instances especially on the Old Main Road side is going to present a problem with circulation with the truck that delivers the fuel. Apparently, the truck presently comes in off the Main Road onto Old Main Road and then swings in from the south side of the lot in order to have enough room to maneuver the tractor trailer in and to close that off with curbing as the Board has suggested is going to present a problem with the circulation of that vehicle. Needless to say, this is really an unusually configured lot and it is as everyone is aware, pre-existing and has been paved the way it paved now for years. Mr. Ward: What has the State said about curbing? Mr. Strang: We haven't addressed this with the State because again our original thought was the fact that this is a site that has already been developed and it is paved in its entirety. Mr. Ward: Except our policy has always been, maybe not always been, but at least in recent years the State has requested that any site plan approval should go to them for comments of curbing and I don't know if it is there's yet, is it? Has anything gone to the State? Mr. Strang: I don't know if it would have because we haven't as yet made a formal application to this Board because it was pending a decision with the ZBA. Ms. Spiro: We have a letter from the State on March 16th saying it will be reviewed. SOUTHOLD PLANNING 21 7, 1992 Mr. McDonald: Certainly the curbing on the other side is going to go up for review on the other side to the DOT no matter what. Mr. Latham: On the East side? Mr. Strang: On the east side there is a minimal amount of curbing to introduce the entrance. It is one way which was your preference and we showed as such and the ZBA reenforced that, they want that a one way. Circulation, well that certainly is not a problem. Mr. Latham: Does the truck come on Old Main Road and then right in front of the building? Mr. Strang: Apparently, he comes East bound on the Main Road and then before he gets to the site he cuts off on to Old Main Road, swings into the site to the west side where the pumps are. The storage tank is to the west side of the pump so it is right sort of in the area of the apex of the site. Mr. McDonald: Could you show me where the fill points are? You have three kinds of gasoline and all the fills are there? Thank you. Mr. Strang: We haven't addressed this with the State because of the fact that we were awaiting the decision from the ZBA which we just got. If it hadn't gotten past the ZBA it would have been a dead issue. Mr. Orlowski: We have already established communication to speed things up because they want to know and we have sent them a letter and they are going to be reviewing it. Now, if you are going to be changing it, I think it would be good for everybody to talk. Mr. Strang: That is the point. I can now go to the DOT and have a conference with them and discuss with them what their thoughts are. I just don't want to get into a situation of working something out with the DOT that may not compatible with this Board. Mr. McDonald: Who owns Old Main Road? Is that still State property? Mr. Strang: No, that is a town road. Mr. McDonald: Has the town taken back that section of the road from the State? Mr. Strang: Well, that is a good question. Legally, I don't think I can answer that. I thought that became a town road once 25 got straightened out. SOUTHOLD PLANNING 22 7, 1992 Mr. McDonald: We're going to find out because it is certainly going to effect what the D.O.T. will decide. Everyone talking. Mr. Strang: Part of the other problem we have there too, is introducing curbing because when they redid the Main Road and straightened it out, the island locations on the site is such that it is different. Not that the island locations are different but putting curbing in presents somewhat of a problem. Mr. Orlowski: Are these all conforming tanks there now or do we have to tear the whole place up and do it again someday? Mr. Strang: No. Everyone talking. Mr. McDonald: Very recently you built a planter right out in the front. When you started that planter did you have something else in mind for the rest of the site as well? Manager of station: We wanted to see something creative because it was so boring. I just thought it would be nice. Mr. Ward: I think we should talk to the D.O.T. and see just how much jurisdiction they are going to have and what they are going to require. Mr. McDonald: They have taken the lead on this for the most part and the other projects that we have done on the state road. We have pretty much gotten in line with them. There may have been one or two occasions where we didn't agree but I don't think we have ever overridden them. Mr. Orlowski: Are you going to set up an appointment and go and talk to the D.O.T.? Mr. Strang: I think that is the only way to resolve it. Mr. Orlowski: Why don't you go down and talk to them and we'll send the correspondence to them. Mr. Strang: Did I understand you to say that you received a letter back from them? Ms. Spiro: Yes, I have a letter dated the 16th. Mr. Ward: What did it say? Ms. Spiro: It just said, we are reviewing the letter. Mr. McDonald: As far as the other side goes, Old Main Road, if the state is no longer in control of that side, I imagine we can SOUTHOLD PLANNING 23 7, 1992 make whatever accommodations are reasonable to accommodate your tanker. That is not really the critical side. There is a problem on the north side though because you can't tell where the road is. The planter actually really helped there because you can see the beginning of the property. It delineates the road a little bit so that was a big help. Mr. Latham: I think that is the most important side, the north side. Mr. Strang: Well, that is part of the side that presents the problem. Mr. McDonald: But not from the tanker stand point though, just the inflow and outflow of your customers. Mr. Strang: And the servicing at the pumps because of the proximity of the pumps, the way the pumps were put in years ago when the site was first developed. Mr. McDonald: space to get though. If the curbing went in, there might not be enough a car to the northern pump and for a car to pull Everyone talking. Mr. Strang: The curbing for the state would be about five feet or so off the property line, maybe more, maybe closer to ten. The question is if the Town wants to return curbing onto the property line to delineate the site, we may have a problem. Mr. McDonald: I don't think you can block off the access to that side of the pump. It doesn't make sense. Mr. Ward: Why don't you see where they are going to want the curb line and how much they are going to want. See what you come back with. And then ask them the question on the Old Main Road while you are there. Mr. Strang: As to who has jurisdiction? Mr. Ward: Yes. Mr. Strang: We will probably have to refer that to their real estate division. Mr. McDonald: The other thing we could do is we could ask Ray. Melissa, could you call Ray and ask him who owns Old Main Road? Everyone talking. Mr. Strang: Just one last question. Probably in our reduction in parking on the East side, we will probably SOUTHOLD PLANNING~ARD 24 A~ 7, 1992 eliminate that one spot that is marked number one which is closest to the ingress, at least that one. Mr. Ward: Did they make this a one way situation? Mr. Strang: It's one way. Along those line, I would just like to mention that we can reduce our parking somewhat. Everyone talking and looking at map. Mr. Strang: Six hundred square feet from the eleven sixty that we had so we will be providing three spaces for the convenience store and two spaces for the employee parking. Mr. McDonald: I make a motion that we adjourn. Mr. Latham: Second. Mr. Orlowski: All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Being there was no further business to be brought before the Board, the meeting was adjourned at 8:30 p.m.. Respectfully submitted, Benhett Orlows~i~?.i Chai~ Gala'¢tt A. Architect Main Road, P. 0. Box 1412, $outhold, ~ 11971 (516) 765-5455 April 22, 1992 Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: Empire Service Station Convenience Store Tax Map 9 10~0-122-07-01 Dear Mr. Orlowski and Members of the Board I am in receipt of your correspondence dated April 16, 1992 with regard to New york State DOT requirements at the above referenced site. In reviewing the above, the extent of the specific requirements of the State are extremely disproportionate to the scope of the proposed alteration permitted by the recent zoning board decision, and presents an undue economic hardship to my client. In response, I am submitting for your review and infor- mation, a sketch of an alternate site plan. I have proposed that access to the convenience store parking be from the Old Main Road only, thereby eliminating any al- teration to the existing site development along the State highway. I look forward to discussing this matter with you at the meeting of Monday, April 27th. GAS/g Very truly yours, ~ ~ ~UTH .~tO TO~N PLANNING BOARD PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham~ Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Garrett A. Strang, Architect Main Road P.O. Box 1412 Southold, NY 11971 April 16, 1992 RE: Proposed site plan for Empire Service Station Main Road, Laurel Zoning District: General Business SCTM~ 1000-122 7- 1 Dear Mr. Strang: The Planning Board has received the enclosed letter dated April 9, 1992, from the New York State Department of Transportation. The Board requests that you comply with the requirements contained in the letter. If you have any questions or require more information please contact this office. Very truly yours, Bennett Orlows~i, Jr. Chairman cc: Vito Lena, Regional Permit Engineer Victor Lessard, Principal Building Inspector April 16, 1992 On April 13, 1992 we received a letter from the Dept. of Transportation regarding Empire Service Station plus enclosures. Garrett Strang, architect was called on Monday, April 13, 1992, and he came in on Tuesday and picked up copies of all the correspondence sent by the DOT. April 9, 1992 STATE Of NEW YORk DEPARTMENT Of TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 FRANKLIN E, WHITE COMMISSIONER Mr. Bennett Orlowski Town of Southold Planning Board Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: Our Case No. 92-48 Rmpire Service Station Route 25, Laurel Your March 5, 1992 Submission S.C.T.M. ~1000-122-7-1 This is in reference to the site plans for the above noted project which were submitted to this office for review. Prior to the issuance of a New York State Highway Work Permit, the following items must be addressed: 1. Concrete curbing must be installed along frontage. the Route 25 site Provide a concrete curb radius at the Old Main Road intersection. We recommend a property dedication to the Town of $outhold to improve this radius. Proposed curb cuts must be modified. Maximum 30 foot wide curb cuts for two-way traffic in the vicinity of the pump islands. Maximum 15 foot wide curb cuts for the proposed one- way operation at the rear of the proposed convenience store. Angled parking stalls at the east end of this site would better influence the proposed one-way operation. Traffic bearing asphalt must be installed within the curb cuts as shown on the attached sketch for the full Show this pavement detail on the plans. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACT/ON Mr. Bennett Orlowski page 2 April 9, 1992 Interior channelization curbing at the curb cuts must also be installed. Drainage must be installed along Route 25. Show calculations to support drainage proposals. Ail on-site water must be contained on site. Show on-site drainage proposals. Show grades on site and at the curb line of Route 25. Locate and replace Main Road. Traffic the existing 'Stop' (RI-lC) sign on Old signs must be installed for the proposed one-way curb cut. Ail signs must conform to the M.U.T.C.D. and must be reflectorized. Ail traffic signs must be installed as shown on the attached detail sheet. Show the installation detail on the plans. 9. Proposed and existing planters must not interfere with motorists visibility. We recommend these areas remain clear to maintain sight distance. Resubmission of revised plans must be identified as revisions and must refer to our case number. Failure to provide this information will delay the processing of your permit. Prior to issuance of a Highway Work Permit you must submit four sets of the revised plans, permit fee and surety bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. This must be accomplished by either submitting a completed Perm 17, Certificate of Insurance, in accordance with Option A (form enclosed), or by submitting the fee specified below to be covered under the NYSDOT Blanket Policy. Permit Fee (Payable to "State of New York"): Not applicable at this time. Bond Amount: Not applicable at this time. Insurance Fee: Not applicable at this time. Mr. Bennett Orlowski page 3 April 9, 1992 Any questions pertaining to the review of this site plan may be directed to J. Lentini at (516) 360-6020. The permit fee and bond questions should be directed to me. Sin~cerely, /3 VITO F. LENA Regional Permit Engineer VFL:JL:BT Attachments cc: Ms. Valerie Scopaz ~ H i (~ H W A 'Y pi~ £ ? E I~FI~D ENTt~Y ---- -- /J gpha l l ?arkl'ng Field .curd ~ HIOI4WA Y PERM 44e (1/90) SURETY BOND (PERFORMANCE) (INSURANCE AND iNDEMNITY COMPANY NAME) BOND NO. AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (PRINCIPAL'S NAME) having its principle place of business at , as Principal, and the (INSURANCE AND INDEMNITY COMPANY,) as Surety, having an office and usual place of business at are held and firmly bound unto the DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW YORK in the sum of for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal will submit and has submitted plans and specifications for work, within a State Highway, deemed necessary by the Commissioner of Transportation, or his duly authorized delegate, and WHEREAS, the Principal has received and will apply from time to time for permits for the purpose of construc- ting or maintaining drive entrances, sewer lines, water mains, gas mains, utility lines and poles, street intersections, curb, sidewalk, drainage and excavating for miscellaneous structures, etc., on or within the right of way of highways under the jurisdiction of the State of New York, Department of Transportation, !i WHEREAS, this bond is for the purpose of insuring and guarantee ng the t me y and workmani!~e completion of such work as reasonably determined by the Commissioner of Transportation or his duly authori~d delegate. iT IS AGREED and understood among the parties hereto that upon the reasona~l~ determi~tion that such work is not being timely performed or is not being or has not been performed n a workma~like man,er by the Principal, the Commissioner of Transportation or his duly authorized delegate may [~ ~ {he I~u~aitce a~hd Indemnity Com- pany to promptly complete said work in a timely and workman ke manr~r, or the C0mtnissioner of Transportation or his duly authorized delegate may direct completion of said wQrk wit~ forces chosen by the Commissioner, the costs of which work will be reimbursed by the Insurance and Indemnity C. 0~pany u@tO the amount designated above, all of which determinations shall be within the sole and exclusive ~¥eti~ of.t~e Commissioner of Transportation or his duly authorized delegate. IT IS FURTHER AGREED that the Principal ~ the Insurance and indemnity Company shall indemnify and save harmless the said State of New York, Departrnent ~r~ihsportation, from all liability, damages and expenses of every kind and nature, resulting directly or indJ~e~ly to p~f!$ons pr property and arising from and in consequence of any license or permit, and shall well, tr~' an~ ~hfully Cerfbfm the duties and privileges pertaining to any license or permit and shall restore such State Righ¢~YSt~o their original conditions. IT IS FURTHER AGREED th~t;th¢~ 15fi~cipal and the Insurance and Indemnity Company shall further indemnify, save harmless and pay th~W ¥°rk ~t8 Department of Transportation, any damages, loss, charges or expenses which shall, in af~y way, be~ sU'Sta'i~ed or incurred by it in relation to or in connection with any and all such claims, actions, suits or ~+oqeed n~ at I~w or in equity. ~is bond t~ke~ effect compl~ed ~ a~epted. and shall remain in full force until the work is satisfactorily PRINCIPAL'S NAME BY Title SURETY'S NAME BY Title NOTE: Company Seal Attach Power of Attorney, Financial Statement and acknowledgement by representative of the Surety showing his powers to execute such instrument, PERM fi7n Ill901 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION To be prepared by insurance agent or insurance company Forward to Highway Permit Agent CERTIFICATE OF INSURANCE FOR HIGHWAY PERMITS INSURANCE REQUIREMENTS 1. Name of Permit Applicant 2. Address of Permit Applicant_ 3. Telephone Number of Permit Applicant r 4. Name of Insurance Company 5. Address of Insurance Company 6. Telephone Number of Insurance Company 7. Policy Number -- Binders and unassigned policy numbers valid for 30 days only. 8. Effective Date Expiration Date 9. Type of Policy: [ ] Protective Liability [ ] Motor Vehicle Liability If the Permit Applicant is applying for a Special Hauling Permit or Divisible Load Weight Permit, the information must be as it appears on the Applicant's Motor Vehicle Registration. Permittees are responsible for providing the Certificate of Insurance to the Department of Transportation, and for renew- ing the requisite insurance coverage no later than two {2) weeks prior to its expiration in order to renew, to keep in effect or to obtain a new Highway Permit. In accordance with Department of Transportation requirements {See NYCRR, Title 17, Part 154), the subscribing insurance company hereby certifies that a protective liability insurance policy {only option for Highway Work Permits) or, in the alternative, a motor vehicle insurance policy and endorsement has been issued to the permit applicant: A. if a protective liability insurance policy, for the protection of the People of the State of New York, all municipal subdivisions thereof, and the Commissioner and Department of Transportation, the New York State Thruway Authority, the State Bridge Authority and their officials, officers, and employees as named insureds, (and no other co-insureds), covering bodily injury (including death) with minimum limits of $500,000 each occurrence and covering property damage with minimum limits of $100,000 each accident and minimum aggregate annual limits of $500,000, against actions resulting from use of a Highway Permit by the Permittee or by any person acting by, through or for the Permittee, including omissions and supervisory acts of any of the named insureds; or B. if a motor vehicle insurance policy and endorsement, with the People of the State of New York, all municipal subdivisions thereof, and the Commissioner and Department of Transportation, the New York State Thruway Authority, the State Bridge Authority, and their officials, officers, and employees as additional insumds under the policy, covering bodily injury (including death) with minimum limits of $750,000 each occurrence and cover- ing property damage with minimum limits of $250,000 each occurrence. The subscribing insurance company issuing a protective liability insurance policy pursuant to A or a motor vehi- cle insurance policy pursuant to B above, further certifies and agrees that the insurance policy referred to herein shall not be changed or cancelled; unless 1. all trips authorized by the Highway Permit have been made; or 2. the effective period of the Highway Permit has expired; or 3. in the case of a Highway Work Permit, all work authorized has been completed and accepted by the Department of Transportation; or 4. in the case of a Divisible Load Overweight Permit, 30 days written notice shall be given to the Department of Transportation that the policy will be cancelled. Any subscribing insurance company providing insurance pursuant to A or B above, certifies and agrees that such insurance policy shall not be cancelled until thirty (30) days written cancellation notice has been given the New York State Department of Transportation, indicating the permit applicant's name and policy number, sent to: New York State Department of Transportation Attention: Highway Permit Agent The State Campus 1220 Washington Avenue Bldg. 5, Room 311 Albany, New York 12232 (518) 457-1155 Reverse Side MUST Be Completed PERM 17n 11/90t REVERSE This certificate is furnished in accordance with the rules and regulations of the New York State Department of Transpor tation pertaining to Highway Permits, and covers the following operations tcheck as appropriatel for which the particular type of permit is issued: RESTRICTED VEHICLE PERMITS (Parkways) SPECIAL HAULING PERMITS (Used for Transporting Over-Dimensional or Over-Weight Non-Divisible Items on Highways) [ ] DIVISIBLE LOAD WEIGHT (Used for Transporting Over Weight Divisible Loads on Highways? [ ] WORK PERMITS (Used for Installing or Maintaining Facilities on Highway Property - coverage in such case shall be written only as protective liability insurance policy) and shall also include completed operations liability insurance with respect to liability imposed by law arising between the date of final cessation of the work pursuant to the Work Permit and the date of final acceptance of such work by the State. If a Permit Account Number has been established for the Applicant, then that number must be listed: Number: Name of Insurance Producer Address of Insurance Producer Telephone No. of Agent Authorized Signature of Insurance Agent MISCELLANEOUS DATA: Operating Authority (check as appropriate -- if permit Applicant has DOT or ICC authority to operate in New York State, the authority must be identified by number and, if not so authorized, check Private) [ ] Private [ ] DOT Number [ I ICC Number [ I IRP Number Any question concerning insurance coverage for Highway Permits should be directed to the Highway Permit Agent (518) 457-1155 at the New York State Department of Transportation. I . i~ , . - . ~I~ , · . .. - 1~ <-.- ~ t'. JL. , tl "" " ' i .--~ ~ - . ] , ~ - . ~ I~ , . . - :"~ ": -i ~ ': ~.~'" .' . ~'~ ~- -" '"- ; 1~'-' I - "· " x --~, ~: ?:'2; "'. ,,~.~ :~,:-:~:..... :.. . . ' .: . .... .~ ..... .. · _~..: :' .. . - : . ~.~,~ ............ I , ........ I't · . ......... . ' -. ' : - .' ~ ~ ~,_.. '.~=~.-~.' '.:~,~ -'=,' -...c ~ ~ ' . . ~ ,~- , . . . ... ,. . I / ~ ~ ~ ~--'-' ~J- .... ~ .... ~ ' .. ~ · . ~ '~ ~ ~;'~ ~ ~:-~ . ~. / ~ ' . · ' ~ I 1:. -~ ~ n .il ' '~ ,~ - C ,.: _" ] .... ,' - ~ POST . , , SIZE 51~ A~INUM '~''- ~ =' ~ ~. I L 3x 21~ X~IL3 x 2z~x~ { 2 L 3x 2t~x v4i Z3x2~v~x~ ~ [ 4 L4x3 XI/4 ~Z3x2 ~X~ ~c~-~ ~c~ ~ ~/z~ 5 L3x2~x~ 3~A-N)I.~ I POST POST SIZE $ ~ :.~:.L !ALUMINUM I L 3 x 2i,"z x ~J L 3 x 2z/'z x~/4 2 L 3× 2~,,zx v4i ZSx2ivl6xl/4 $ L:~,'ZXZ~xv4! Z3 X 21l,q6X I.,'4 4 L4 X 3 xi/4 IZ3x2 5 L3 x 2u~x~ SWF(A-N)I.O01 6 L 3'X 2UZ X u4,4WF(A-I',O L 139 7 13v2 x 21,.2 XL.~,' 4W~A-N }1.139 8 L 3uZ x.2~.X~,a~ i4WI~A- N ) I. 78E 9 L4 X 3 X 1~;4WF~A-N)LI$9 I0 L4 X 3 XI/~4WF~-N)LT~8 645-8-RI- :- . - · ., ./;.: ! STATE Of NEW YORK ' DEPARTMENT OF TRANSPORTATIOI - STANDARD REGULATORI AND WARNING SIGNS' No ~ale April 9, 1992 Mr. Bennett Orlowski Town of Southold Planning Board Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: Our Case No. 92-48 Empire Service Station Route 25, Laurel Your March 5, 1992 Submission S.C.T.M. ~1000-122-7-1 This is in reference to the site plans for the above noted project which were submitted to this office for review. Prior to the issuance of a New York State Highway Work Permit, the following items must be addressed: Concrete curbing must be installed along the Route 25 site frontage. Provide a concrete curb radius at the Old Main Road intersection. We recommend a property dedication to the Town of Southold to improve this radius. Proposed curb cuts must be modified. Maximum 30 foot wide curb cuts for two-way traffic in the vicinity of the pump islands. Maximum 15 foot wide curb cuts for the proposed one- way operation at the rear of the proposed convenience store. Angled parking stalls at the east end of this site would better influence the proposed one-way operation. Traffic bearing asphalt must be installed within the curb cuts as shown on the attached sketch for the full shoulder width. Show this pavement detail on the plans. Mr. Bennett Orlowski page 2 April 9, 1992 Interior channelization curbing at the curb cuts must also be installed. Drainage must be installed along Route 25. Show calculations to support drainage proposals. Ail on-site water must be contained on site. Show on-site drainage proposals. Show grades on site and at the curb line of Route 25. Locate and replace the existing 'Stop' (RI-lC) sign on Old Main Road. Traffic signs must be installed for the proposed one-way curb cut. All signs must conform to the M.U.T·C.D. and must be reflectorized. All traffic signs must be installed as shown on the attached detail sheet. Show the installation detail on the plans. e Proposed and existing planters must not interfere with motorists visibility. We recommend these areas remain clear to maintain sight distance. Resubmission of revised plans must be identified as revisions and must refer to our case number. Failure to provide this information will delay the processing of your permit. Prior to issuance of a Highway Work Permit you must submit four sets of the revised plans, permit fee and surety bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. This must be accomplished by either submitting a completed Perm 17, Certificate of Insurance, in accordance with Option A (form enclosed), or by submitting the fee specified below to be covered under the NYSDOT Blanket Policy. Permit Fee (Payable to "State of New York"): Not applicable at this time. Bond Amount: Not applicable at this time. Insurance Fee: Not applicable at this time. Mr. Bennett Orlowski page 3 April 9, 1992 Any questions pertaining to the review of this site plan may be directed to J. Lentini at (516) 360-6020. The permit fee and bond questions should be d~irected to me. Sincerely, VITO F. LENA Regional Permit Engineer VFL:JL:BT Attachments cc: Ms. Valerie Scopaz~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appl. No. 4074. SCOTI~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE ~OARD Upon application of AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 100-101B(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business'Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School Dstrict), NY; County Tax Map Parcel No. 1000-122-7-1. WHEREAS, a public hearing was held on March 5, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this appeal, appellant requests a variance under the Provisions of Article X, Section 101B(12) and Section 100-102, Bulk, Area and Parking Schedules, for permission to convert a portion of the existing principal building (presently three service bays with an approximate floor area of 1160 sq. ft.) from vehicle/engine repairs to convenience store use, limited to on-premises sales of packaged food and nonfood items, without on-premises food services, only as accessory use incidental to and in conjunction with the existing gasoline sales/office use. Page 2 - Appl. No. 4074 Matter of AMAC, INC. (SUKRU ILGIN) Decision Rendered March25, 1992 ~. The premises in question is a described parcel of land located in the "B" General Business Zone District containing a total lot area of 11,984 sq. ft. and is triangular in shape with frontage along three streets: the Main Road (State Route 25), the old Main Road to the south, and Bray Avenue to the (south) west at its intersection with the Main Road, in the Hamlet of Mattituck, Town of Southold. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 7, Lot 1. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing pumps; (b) gasoline station office and service bays in the principal building structure, all as shown on the survey prepared February 13, 1987 by Peconic Surveyors and Engineers, P.C. and shown on the site plan map prepared by Garrett A. Strang dated December 12, 1991 (Map SP-1). 4. The location of the existing principal building is shown to be set back 42 feet from the easterly property line, six feet from the northerly property line at its closest point, (c) approximately three feet from the southerly property line. To the west of the principal building are two gasoline service islands, each with two service pumps, and blacktop areas utilized for egress, ingress, and parking. 5. The size of the principal building is 27.6 ft. x 28.9 feet (1595 sq. ft. of floor area). The southerly portion of the building is proposed for the "convenience store" sales and the northerly portion of the building will remain as a business office use related to the sales of the gasoline service. 6. For the record, it is noted that under previous Action of this Board under Appl. No. 3618 rendered April 23, 1987, an area variance was granted for similar relief, with a time limitation of two years from the date of the variance. The time limit for that area variance expired in April 1988 and no building permits were obtained in reliance on this variance. 7. In considering this application, it is the understanding of the Board Members that the items to be sold will include small variety store items, such as packaged and canned foods, magazines, refrigerated items, microwaved items, and the like. Requests for clarification or interpretation concerning the type of products to be sold shall be referred to this Board if necessary. 8. The following information is also noted for the record: Page 3 - Appl. No. 4074 Matter of AMAC, INC. (SU~RU ILGIN) Decision Rendered Ma~h 25 , 1992 (a) the premises has continuously for the past 22 years been used as an office for sales of gasoline and other incidental merchandise, with small engine/vehicle repairs within the enclosed service bay areas of the principal building, and gasoline sales at the service pumps; (b) the use as a convenience store is to be used accessory and incidental to the gasoline-service station and not as a separate principal use or business establishment; (c) the existing vehicle lifts and (three) bay areas will be eliminated and replaced with the accessory convenience store use; (d) the principal building will not be enlarged without prior approval of the Board of Appeals by subsequent application. 9. In considering this application, the Board also finds and determines: (a) the subject parcel is surrounded by other properties to the north, west, east, and south of the Main Road which are also located in the General Business "B" Zone District; (b) the variance, as conditionally and alternatively noted below, is the minimum necessary to afford relief; (c) the accessory use as authorized will not alter the essential character of the neighborhood or this zone district; (d) the difficulties claimed are uniquely related to the land and building in question - the difficulties are not due to the general conditions of the neighborhood, are not personal to the landowner, and have not been created by the landowner; (e) there is no other method feasible for appellant to pursue other than a variance due to the nonconformities of the land; (f) the relief as conditionally and alternatively granted will be compatible with the overall plan and policy for development in the Town and would not create conditions distinctly different from those existing in the locality or essentially alter the character or reasonable permitted uses in this district or of adjacent use districts; ?aye 4 Appl. No. 4074 Matter of AMAC, INC. (SUKRU ILGIN) Decision Rendered ~ar~h 25, 1992 ig) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business alteration from aotomobile repair to sales of small food and non-food products; !h) that in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for permission to convert the existing service area within the existing principal building for "convenience sales" SUBJECT TO THE FOLLOWING CONDITIONS: 1. Floor area of proposed convenience store area shall be limited to a total of 600 sq. ft.; 2. Convenience store shall be accessory and incidental to the gasoline service station use presently established, and not as a separate principal business use; 3. There shall be only one entrance for the convenience store area, that being located only at the east side of the existing building; 4. There shall be no entrance way between the gasoline sales area of the building to the convenience store area; 5. There shall be an entrance from the north side of the property and an exit from the south side of the subject premises onto the Old Main Road -- no exiting will be allowed onto the Main Road at the easterly yard area; 6. This variance is temporary for a period of three (3) years from the date of the filing of this decision with the $outhold Town Clerk, EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein. 7. No food service or sales of prepared foods, no cold cut-deli items, or other food services (except pre-packaged); 8. No expansion, further construction or other service areas without a new application for consideration to both the GARRf'TT A. STRANG ARCHITECT ?$ MAIN ROAE~, P. O, BOX 141~ SOUTHOLE), NEW YORK 11971 March 31, 1992 Planning Board · Town of Southold Town Hall Main Road Southold, New York 11971 Re: Empire Service Station Convenience Store Tax Map # 1~-122-07-~1 Dear Mr. Orlowski and Members of the Board The Southold Town Zoning Board of Appeals has recently granted alternative relief in response to our applica- tion for a variance at the above referenced premises. The conditions of the alternative relief substantially reduces the building area allowed to be used as the con- venience store. In light of the above, my client would like to discuss with the board some of the comments made in your letter dated January 10, 1992, prior to making formal applica- tion. We therefor respectfully request a presubmission conference with the Board as soon as possible so we can proceed with the application process in a timely manner. Please advise my office as to the date and time of this conference. Very truly yours, GAS/g Garrett A. Strang, R.A. STATE Of NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORial HIGHWAY HAUPPaUGe, N.Y. 11788 JAME~ A. KUZLOSK[ REGIONAL DIRECTOR FRANKLIN E. WHITE COMMISSIONER March 16, 1992 Bennett Orlowski Town of Southold Planning Board office Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Orlowski: Our Case No. 92-48 Empire Service Station Route 25 Laurel Your March 5, 1992 Submission The subject material will be reviewed by Mr. J. Lentini staff. He can be contacted at (516) 360-6020 if you questions. Thank you for your cooperation concerning this matter. of my have any Very truly yours, JAMES O. FREIIq . Regional Traffic Engzneer JOF:JL:JS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACT/ON EMPLOYER PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P,O. Box 1179 Southold. New York II971 Fax (516) 765-1823 ~arch 5, 1992 .John Falatico, Director of Planning & Project Management New York State Office Building Veterans Memorial Highway Happauge, NY 11787 RE: Proposed site plan for Empire Service Station 7400 Main Road, Laurel Zoning District: General Business SCTM# 1000-122-7-1 Dear Mr. Falatico: Enclosed for your review is a proposed site plan for Empire Service Station that meets with our general approval. The Planning Board would appreciate your comments on the location and extent of curbing and curb cuts. If you have any questions or require more information please contact Bob Kassner of this office. Very truly yours, Bennett Orlowski, Jr. ~ ~ Chairman Encl. cc: Vito Lena, Regional Permit Engineer 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 II79 Southold, New York 11971 Fax (516) 765-1823 TO: From: RE: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Bennett Orlowski, Jr. Chairman ~.~./~1.~> Sukru Ilgin/Empire Service Station SCTM9 1000-122-7-1 ZBA File ~ 4074 Date: February 20, 1992 This is in response to your request of January 6, 1992 for this Board's comments on the site plan elements applicable to the above referenced property. The Board is not in favor of this site plan for a convenience store. The proposed convenience store would be an over- intensification of this preexisting non-conforming 11,984 square foot site located in the General Business District (B) which requires a minimum of 30,000 square feet per lot. The Board had received a preliminary site plan from your applicant's agent and commented on it a month ago. A copy of our letter and the resultant revised site plan, including the requested changes, are attached for your information. As you will note, the ingress and egress are to be marked one way only, and the employee parking has been located at the west end of the property. Landscaping has been added as indicated on the plan. 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 ~[anuary 10, 1392 Garrett A. Strang, Architect Main Road P.O. Box1412 Southold, NY 11971 RE: Proposed site plan for Empire Service Station 7400 Main Road, Laurel Zoning District: General Business(B) SCTM~ 1000-122-7-1 Dear Mr. Strang: The Planning Board has received your request for comments on the proposed site plan for the Empire Service Station. The Board will require that curbing and curb cuts be provided to insure a safe flow of traffic into and out of the station. Other comments, such as the location of the dumpster, additional landscaping, employee parking, and one way entrance and exit to the rear parking area, are as discussed with you by staff member Robert Kassner at Town Hall on January 8, 1992. Permits and approvals will be required from the Suffolk County Department of Health and the New York State Department of Transportation. If you have any questions, or require additional information, please contact Mr. Kassner at this office. Very truly yours, Bennett Orlowski, Jr. Chairman C ~ 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 I 1971 Fax (516) 765-1823 7anuary 10, 1992 Garrett A. Strang, Architect Main Road P.O. Box1412 Southold, NY 11971 RE: Proposed site plan for Elapire Service Station 7400 Main Road, Laurel Zoning District: General Business(B) SCTM~ 1000-122-7-1 Dear Mr. Strang: The Planning Board has received your request for comments on the proposed site plan for the Empire Service Station. The Board will require that curbing and curb cuts be provided to insure a safe flow of traffic into and out of the station. Other comments, such as the location of the dumpster, additional landscaping, employee parking, and one way entrance and exit to the rear parking area, are as discussed with you by staff member Robert Kassner at Town Hall on January 8, 1992. Permits and approvals will be required from the Suffolk County Department of Health and the New York State Department of Transportation. If you have any questions, or require additional information, please contact Mr. Kassner at this office. Very truly yours, Bennett Orlowski, Jr. Chairman APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN..IR. James Dinizio, Jr. Robert A. Villa TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN RRAD- STATE RI'lAD 25 BrlUTHE}ED, L.I., N.Y. llC:j'71 TELEPHONE (516) 765-1809 Planning Board Board of Appeals January 6, 1992 Site Plan Coordination - Sukru Ilgin Our File # 4074 Our office has received the above-noted application which is or will be pending before the Planning Board. A request is made at this time under the site plan regulations in order that you may be provided with notice to respond within the next sixty (60) days as required by Section 100-254B(3). Please communicate those areas which you feel may significantly affect those site plan elements applicable in the new project. Your comments, of course, may be noted by you as "preliminary" at this early time. Should additional information be necessary, please feel free to stop by our office to review or make copies as you deem will be necessary for this pre- liminary review. Thank you. Attachment R EC EIV~[~D~ DEC 1 ~7 *1~'~"" oF $OUTHOLD, HEW YORK APPEAL FROM~DECI~IO~I OF ~.~II. DING INSPECTOR ~OU~l~Old Iown ~lork C APPEAL NO. /I'c) '7/-/ SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM~: COMMENTS: RECEIFE · ~'~I;~N OF SOUTHOLD. NEW YORK DEC APPEAL. FRON~o/DuEj~IoSiIdOI~ownl OF l~Jeltl~DlNG INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. C APPEAL NO. //6) '1 ~/ DATE .... Garrett A. Stran~ for Ilqin of ...5.4.~.~. Mai.~ Road.P,O,~.Q.K. ].~.~. I, (~Y~) ........................ · ...................................................................... Name of Appellant Street and Number Southold New York .............................................................................................................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED November 25, 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 54655 Main Road P.O.Box 1412 Southold, New York 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Alter 1. LOCATION OF THE PROPERTY .~7..4.~.~..~.~.~.~.~..~..~.~'..~..a.~..~...a.'g.~.e.~.~.:..~..: ................ ':..B.::....G..e..n... Bus inet Street /Hamlet / Use District on Zoning Map District 1000 Section122B1ock07 Lot 01 ~ - ................................................................... uurren~ Owner Sukru Ilgin Map No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article x Section 100-102 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordir~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~-K~t~ been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance and was made in Appea.I No....3..6...1.:8.. .................. ;.Dated ....A.~.~.~...?,..8..,,....1..?..8...7. .................................. ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- so~ HARDSHtP because A. The existing lot is preexisting non-contormzng in lot area. B. The existing building is prexisting non-conforminq due to ti~e unusual configuration and size of the lot. 2. The hardship created is UNIQUE end is not shared by ail properties alike in the immediate vicinity of this property and in this use district because A. The lot has an area of only 11,984 square feet which i~ .... · other properties in the immediate area which have lot sizes of 30,000 sq. ft. or greater. B. The lot is triangular in shape which is unique to lhis parcel of limited size. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because A. The alteration would reduce the extent of the nOn-conforming service station use by replacing the service bays with a conforming use of retail sales of packaged food and non-food items as usually found in a convenience store. B. The size of the building will remain un changed thereby having no effecct on the character of the district. STATE OF NEW YORK ) ) COUNTY OF E~f~Y~/-~ ) SS Signature // r'~ * --/-// day of ............... Sworn to this .............................................. Notary Public NOTARY PUBLIC, State of New York No. 4730095 GAR Main -( ~RRETT A. STRAIMG architect Main Road P.O. Box 1412 Southold N.Y 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. James Dinizio, Jr. Robert A. Villa Southold Town Board o£ Appeals NAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 119'71 TELEPHONE (5161 765-1809 TO: FROM: DATE: SUBJECT: Planning Board Board of Appeals January 6, 1992 Site Plan Coordination - Sukru Ilgin Our File # 4074 Our office has received the above, noted application which is or will be pending before the Planning Board. A request is made at this time under the site plan regulations in order that you may be provided with notice to respond within the next sixty (60) days as required by Section 100-254B(3). Please communicate those areas which you feel may significantly affect those site plan elements applicable in the new project. Your comments, of course, may be noted by you as "preliminary" at this early time. Should additional information be necessary, please feel free to stop by our office to review or make copies as you deem will be necessary for this pre- liminary review. Thank you. Attachment APPEALS BOARD MEMBERS GERARD P. GDENRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. James Dinizio, Jr. Robert A. Villa TO: FROM: DATE: SUBJECT: MAIN RE}AD-STATE ROAD 25 Planning Board Board of Appeals January 6, 1992 Site Plan Coordination - Sukru Ilgin Our File # 4074 SE}UTHOLD, L.I., N.Y. llg?l TELEPHONE ~5161 765-1809 Our office has received the above, noted application which is or will be pending before the Planning Board. A request is made at this time under the site plan regulations in order that you may be provided with notice to respond within the next sixty (60) days as required by Section 100-254B(3). Please communicate those areas which you feel may significantly affect those site plan elements applicable in the new project. Your comments, of course, may be noted by you as "preliminary' at this early time. Should additional information be necessary, please feel free to stop by our office to review or make copies as you deem will be necessary for this pre- liminary review. Thank you. '\ a,nRoad P,O. Box 1412 Southold R ECEIV[~I~ DEC 1 ? l~J~" OF SOUTHOLD, NEW YORK APPEAL FROM. DE. CIS, ION OF ~,I, JII,.DING INSPECTOR ;~ou ;rtoll;I IOWll APPEAL NO. //~ ? z/ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (w~) g.~r. Le,..t.~...~ ,,..~..~.~.a..~q...[.°-2,...z..~J.~.n..of ...f; 6.,~ %..~..a.~.. ~.o.a.~..2.,..o..,.~.o.~ .1 ~..!..Z ...... Nome of Appellant Street and Number Southold New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED November 25, 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..s.!.6..5...5...~.~.%E.. ~..o.~.~ .. ?......o.....~..o.~...]..4..!.~......s..o..~!?.!C:...?..~.. Z.o.L% ...!. ! ~.?.) Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Permit to Alter 1. LOCATION OF THE PROPERTY 7400 Ma~n Road Laurel N.Y. B Gen. Street /Ham]et / Use District on Zoning Map D.?.t.~..i..c..t-~??.,0--S-e...c-t.!.°..n--] 2---2-Bl...°.c_k.0-7.-L.,°.t....0_l..Current 0~ner Sukru I lgin Map No. 'Lot No. Prior Owner Busines 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article X Section 100-102 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Z~ning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous oppeol (has) J~'m~x'~N been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal wos ( ) request for a special permit ~ ×) request for a varionce and was made in Appeal No....3..6...1.~8.. .................... Dated ....A.~-..-i..-1;...'.'!..8..n...1..~.8...7. .................................. ( ) (X) ( ) REASON FOR APPEAL A Voriance to Section 280A Subsection 3 A Variance to the Zoning Ordinonce is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pro'duce practical difficulties or unneces- sar~t HARDSHIP because A. The existing lot zs preexisting non-conformzng zn t are~:. B. The existing building is prexisting non-conforminu due ~'o th~ unusual configuration and size of the lot. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because A. The lot has an area of only 1t,984 square feet which ~s ,.~nl=ke other properties in the immediate area which have lot sizes of 30,000 sq. ft. or greater. ..hz., narcel of B. The lot is triangular in shape which ~s unique to ~ '~ . limited size. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISIRICTbecause A. The alteration would reduce the extent of the non-conforming service station use by replacing the service bays with a conforming use of retail sales of packaged food and non-food items as usually found in a convenience store. B. The size of the building will remain un changed thereby having no effecct on the character of the district. STATE OF NEW YORK COUNTY OF ~<~f~-,z~L~ ss u~K..r m Kg....i ........ l.... ;.~{., .................... ,i .................... Signature /{~--/Tr day of.../.~...-C:.~::..¢:{~::~:..~-::: ....................... lg(Z' Sworn to this .............................................. Notary Public BARBARA A. STRANG DEC I 7,~91 i~, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN. JR. James Dinizio, Jr. Robert A. Villa TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals HAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11971 TELEPHONE f5161 765-1809 Planning Board Board of Appeals January 6, 1992 Site Plan Coordination - Sukru Ilgin Our File # 4074 Our office has received the above-noted application which is or will be pending before the Planning Board. A request is made at this time under the site plan regulations in order that you may be provided with notice to respond within the next sixty (60) days as required by Section 100-254B(3). Please communicate those areas which you feel may significantly affect those site plan elements applicable in the new project. Your comments, of course, may be noted by you as "preliminary" at this early time. Should additional information be necessary, please feel free to stop by our office to review or make copies as you deem will be necessary for this pre- liminary review. Thank you. R E C r~ I V E(~D~, DEC 1 ? oF SOUT.O,D. ¥O,K APPEAL FRO,~.DECLS~p~J OF .~.UI DING -~ou;'nu,u Iowrl ~.ler~ INSPECTOR APPF~L NO. /x'D ? r~/ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. 1, (~,:~) G..~?-.~.e...t..t._6. ,,,.'5...t-.L.a.~'...~9.~.....z.~:gj:.n..of ...5.'t 6.,5 ~. Ma ~..~..~..o..a...d....?.,..o..,j~.O.;.;...;.;.J..2 ...... Name of Appellant Street and Number Southold New York ......................................................................................................................... ~EREB¥ APPEL TO Muni¢ipa~i~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED NOvembe~ 25 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of 54655 Main Road P.O.Box 1412 Southold, New York 11971 .... ........................ .................... ....................... PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Alter 1. LOCATION OF THE PROPERTY 7400 Mazn Road Laurel N.Y. B Gen. Street /Hamlet / Use Districf"~"~.~[~"~ District 1000 Section122B1ock07 Lot 01 ~ - ................................................................... uurren[ 0whet Sukru Ilgin Map No. Lot No. Prior Owner Busine: 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article X Section 100-102 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordi~nce or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~o~:c~N been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No....3..6...1.~. .................... Doted ....A.~.z.-..~..]:....~..8..n...1..~9..8...7. .................................. ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar'¢ HARDSHIP because A. The existing lot zs preexistincj non-cOntormzng .Lu ~o_ ~rea. B. The existinq building is prexisting non-conformin<~ due to the unusual configuration and size of the lot. 2. The hardship created is UNIQUE and is nat- shared by all properties alike in the immediate vicinity of this property and in this use district because A. The lot has an area of only ~,984 square feet which iS unlike other properties in the immediate area which have lot sizes of 30,000 sq. ft. or greater. B. The lot is {riangular in shape which is unique to this parcel of limited size. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHAF4~E THE CHARACTER OF THE DIstRICT because A. The alteration would reduce the extent of the non-conforming service station use by replacing the service bays with a conforming use of retail sales of packaged food and non-food items as usually found in a convenience store. B. The size of the building will remain un changed thereby having no effecct on the character of the district. STATE OF NEW YORK ) ) COUNTY OF ~/r~z~C~ ) SS Signature /d~/~/~ day o f ~C £:.<'..'~.[ F./~. [ .:lC ........................ 19rf/ Sworn to this .............................................. Notary Public ./ -RI=IETT A. STiqANG architect Main Road P.O. Box 1412 SoulholdN.Y 11971 SENDER: SUBJECT: SCTM#: COMMENTS: SUBMISSION WITHOUT COVER LETTER D June · Mr. Sukru Ilgin P.O. Box 525 Laurel, NY 11948 Re: Site Plan for gas station convenience Store at Mattituck Dear Mr. Ilgin: The a~ove mentioned site plan which you submitted has been reviewed by the Planner. The site plan must be revised to include the following site plan elements before it can be scheduled on the agenda for the Planning Board: ~. Graphic scale Q 2. The location of opposing adjacent curbcuts along Route ' 25 and Old Main Road. /3. Locations and widths of road beds of Route 25 and Old Main Road within right-of-way and lcoation of curbing on same, if any. 4. A complete outline of existing deed restriction sor covenants applying ot the property, if any. 5. Existing contours at intervals of five or less, referred to a datum satisfactory to the Board. 6. Paved areas, sidewalks, and vehicular access between the site and public Streets, if any. 7. Locations, dimensions, grades and flow direction of existing sewers, culberts and waterlines as well as underground and above ground utilities within and adjacent to the property. 8. The 1~, and plans for? any outdoor signs, existing as well as proposed. Mr. Sukru Ilgin Page 2 6/5/87 9. Any proposed grading, Screening, and other landscaping including types and locations of proposed Street trees. 10. The location of all propsoed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. ~/~11. The entrance to the convenience Store. ~/~2. elevations drawings Upon receipt of six (6) site plan surveys with the above information, we will schedule this matter on the next regular agenda. Please note, these items must be on the survey by a licensed surveyor, engineer or architect and Stamped and signed. if you have any questions, please don t hesitate to contact Our office. ' cc: Very truly yours, , . , CHAIR/V~AN SOUTHOLD TOWN PLANNING BOARD Board of Appeals for information By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 October 7, 1987 Mr. Sukru Ilgin P.O. Box 525 Laurel, NY 11948 Dear Mr. Ilgin: RE: Proposed site plan for Ocean Holding Corp. at Eastern corner of intersection of SR 25, Old Main Road and Bray Avenue, Mattituck. SCTM # 1000-122-7-1. Upon review of the above referenced plat, the Planning Board finds that the proposed layout does not comply with the conditions of the Zoning Board of Appeals' variance, (#3618). Therefore, the plan should be revised to reflect the conditions of the variance. In addition, the following itesm shall be shown on the revision: 1. Scale should be 1" = 20'~ 2. Concrete curbing shall be shown along State Route 25 and Old Main Road. 3. Building coverage and percentage of landscaping shall be noted. 4. Curb cuts for gas station and convenience store shall be shown. It is suggested that you apply now to teh New York State Department of Transportation for a curb cut permit onto State Route 25. The address~and telephone number of the Department of Transportation is: NYS Office Building, Veterans Memorial Highway, Hauppauge, NY 11787. Telephone: Permit Office: (516) 360-6025, Please submit six copies of the revised plans and a Mr. Sukru Ilgin Page 2 10/7/87 copy of the curb cut permit so that the Planning Board may proceed with its review. If there are any questions, do not hesitate to contact this office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD BO:VS:dms cc: Victor Lessard Building Department Board of ~oning Appeals Southold, N.Y. ~1971 (516) 765-~938 D LD Y March 10, 1987 Mr. Gerard P. Goehringer Chairman Board of Appeals Town Hall Southold, NY 11971 Re: Site Plan for Sukru Ilgin located at Mattituck Dear Mr. Goehringer: The Board reviewed the above mentioned proposal at the Monday,March 9, 1987 meeting. The Board discussed that the parcel appears to be too undersized to allow for any appropriate parking for the additional use propsosed. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. ]1g'71 TELEPHONE [516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 36]8 Application Dated February ]9, ]987 TO: Andrew E. Goodale, Esq. as Attorney for SUKRU ILGIN Main Road, Box 15A Mattituck, NY 11952 &OTHERS [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on April 23, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article VI , Section 100-62 Request for Application of SUKRU ILGIN AND MINE PEKSEN d/b/a OCEAN HOLDING CORP. for a Variance to the Zoning Ordinance, Article VI, Section 100-62 for permission to operate convenience store in addition to existing gasoline service station uses at 7400 Main Road, Laurel, NY; County Tax Map District lO00, Section 122, Block 7, Lot O1..- WHEREAS, a public hearing was held and concluded on 1987 in the Matter of the Application of SUKRU ILGIN and d/b/a OCEAN HOLDING CORP. under Appeal No. 3618; and April 2, MINE PEKSEN WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a variance under the Provisions of Article VI, Section 100-62, (which requires a minimum lot area of one acre for a shopping center), in order to establish a "convenience store" for the on-premises sales of packaged food and non-food items (without food preparation or on-premises food services), in conjunction with the existing gasoline-service station use. 2. The premises in question is a described parcel of land located in the "B-I" General Business Zoning District, containing a total lot area of 11,984 sq. ft. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing (CONTINUED ON PAGE TWO) DATED: April 23, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3618 Matter of SUKRU ILGIN AND OTHERS Decision Rendered April 23, 1987 pumps; (b) gasoline station office and two-bays, all as shown on survey prepared February 13, 1987 by Peconic Surveyors & Engineers, P.C. 4. The area to be used for the "convenience store" at the southerly half of the existing structure of a size 27.6 ft. x 28.9 ft. The most northerly half will continue to be used as a gasoline-station office area. is 5. The consensus of the Board is to permit the estab- lishment of a "convenience store" in the southerly half of the existing structure to be used accessory and incidental to the gasoline-service station use, and not as a separate principal business use. It shall be understood that only one exterior entranceway shall be permitted at the west side of the existing building which is presently for the gasoline- station office area, and a second entranceway which the owner finds necessary shall be located only at the east side of the existing building. The minimum eight parking spaces must remain open and unobstructed at all times to allow safe and convenient parking for customers. 6. It is noted for the record that a site-plan applica- tion is presently pending before the Southold Town Planning Board, and Certificate of Occupancy #Z10810 was issued by the Southold Town Building Department on December 9, 1981 to Peter J. Warren and Linda L. Ryan (predecessors in title) for a gas service station. 7. It is also understood that the existing vehicle lifts and vehicle-repair areas will be eliminated and replaced with this accessory "convenience store" use. In considering this application, the board also finds and determines: (a) that the use as proposed is consistent with and will promote the general purposes of the zoning code and maps; (b) the circumstances of the property are unique; (c) there will not be a substantial change in the essential character of the neighborhood; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the relief requested is substantial in relation to the require- ments; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or adjacent use districts; (g) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Messrs. Douglass and Goehringer, it was RESOLVED, to GRANT a Variance under the Provisions of Article VI, Section 100-62 for the establishment of a "convenience store" accessory and incidental to the existing gasoline-service station use in this "B-1'~ General Business Zoning District, as applied under Appeal No. 3618, Matter of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING CORP., SUBJECT TO THE FOLLOWING CONDITIONS: 1. Any additional proposed exterior entranceway shall be located on the east side of the existing building, (only one as exists shall be permitted on the west side); 2. The parking area(s): (a) shall be paved along the ~/ ~age 3 - Appeal No. 3618 Matter of SUKRU ILGIN AND OTHERS Decision Rendered April 23, 1987 east side of existing building; (b) shall remain open and unobstructed at all times for customers use; (c) shall be sufficiently lighted; 3. All outside lighting shall be sufficiently shielded from the highway and neighbors; 4. A maximum four sq. ft. sign shall be placed on the front of building indicating "PARKING AT THE REAR" (east side) FOR CONVENIENCE STORE CUSTOMERS; 5. The "convenience store" use granted hereunder is permitted only accessory and incidental to the gasoline- service station use presently established, and not as a separate principal business use; 6. No food service or sales of prepared foods, no cold cut/deli items, or other food services (except pre-packaged); 7. No expansion or further construction without reapplication or new application for consideration to both the Planning Board and Zoning Board of Appeals, and any other department or agency having jurisdiction thereof. 8. This variance is temporary for a maximum period of two years, EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein, within this limited two-year period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~AIRMAN April 28, 1987 SITE PLAN ELEMENTS §100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map Date, North arrow and written and graphic scale Sufficient description or information to precisely define the boundaries of the property. Ail distances shall be in feet and tenths of a foot. Ail angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing width of adjacent streets and curblines The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setbacks reservations, and areas dedicated to public use withinor adjoining property. A complete outline of existing deed restrictions or covenants applying to theproperty Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater overfl Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks, and wehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, culvert and waterlines as well as other underground and above ground utilities within and adjacent to the property. Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design ofall uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER... Site plan elements cont. (~100-134) My proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. 14-1¢~1 (9/84} PART I · IPROJECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ' . DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Project Information (To be completed by Applicant or Project sponsor) [] New [] Expansion [~ Modification/alteration Project Name 6. Prec se Iocat on road intersect'~ons, prominent landmarks, etc. or provide map) 7. Amount of land affected: Inltiallv 0' ~' '~ ~ / acres Ultimately . acres 8. Will proposed action comply with existing zoning or other existing land use restrictionsf [] Yes [] No If No, describe briefly 9. What is present land use in vicinity of project[ [] Residential [] Industrial ~] Commercial [] Agriculture [] Parkland/open space [] Other Describe: - - 10. Does action involve a permitjapproval, or unding, now or ultimately, from any other governmental agency (Federal, state or JocaJ}[ ~ Yes ~ NO Ifyes. lis'a.enc~s) andpermiUapprovals ~ ~; (~ ~~, "'11. Does any aspect ot the action have a currently valid permit or approvaJ~ ~ Yes ~ No If yes, list agency name and permi~approvaJ type 12 As result of prop sed action wiU existing permit/approval require modification[ ~ Yes ~ No I CERTJFY THAT THE iNFORMATION PROVIDED ABOVE IS rRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment ' OVER Southold, N.Y. 11971 (516) 765-1938 SITE PLAN REQUIRED DOCUMENTS AND PROCEDURES Required documents: 1. Six surveys with all site plan elements, see attached list 2. Filing fee of $100 3. Long Environmental Assessment, Part I see attached Procedure: 1. The above items are submitted to the Planning Board 2. The application is placed on the agenda for the Board's review. 3. Field inspection made 4. Inspection report at next meeting 5. Recommendations on revisions or Board can forward site plan to the Building Department for Certification 6. If certified, the Planning Board can take final action on the site plan 7. If approved, the Chairman endorses the surveys when any conditions have been met. *****NOTE, ALL SITE PLAN ELEMENTS AS PER THE ATTACHED CHECKLIST ARE TO BE ON A SURVEY AND STAMPED AND SIGNED BY A LICENSED SURVEYOR, ENGINEER OR ARCHITECT. ALL SITE PLAN ELEMENTS ARE TO BE ON A SURVEY AND STAMPED AND SIGNED BY A LICENSED SURVEYOR, ENGINEER, OR ARCHITECT. SITE PLAN ELEMENTS §100-134 Town Code ~) ) ) ) Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map Date, North arrow and written an~cale Sufficient description or information to precisely define the boundaries of the property. Ail distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The location/F, ~-~. i_~ ::ri?~h nf adjacent~~~-~r- The location and owners of all adjoining lands, as on the latest tax records Location~'width ~M~ ; ~ ~C.~"~4~~E/'/~ ~ ~{& A compete outli~ of existing deed restrictions or covenRnts applying to tho property, I~ ~ Ex~st~ng zonSng ExSst~ng contours at 5ntervals of ~Sve or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to ~looding or stormwarer overfl LocagSon of ex~stSng watercoursos, marshos, wooded areas, rock outcrops ~solared trees w~th a d~ameter of eSght ~nches or measured three feet above the base of the trunk and other s~gn~fScant ex~sr~ng features. Location of uses and outlines of structures, dra~ to scalo on and within one hundred (100) feet of the lots. Paved arqas, s~dewalks, and weh~cular access between the s~te and public Locations, ns~ons, grades and flow dSrect~on of exSsrSng sewers, culvert and waterlSnes as well as other underground and above ground ut~litSes w~th~n and adjacent to the property. Other exSstSng development, 5nciudSng fences, landscapSng and screenSng The location of proposed bu~ldSngs or structural 5mprovemenr The location and desSgn ofall uses not requSrSng structures such as off street parking and loading areas. The locatSon, dSrection, power and tSme of use of any proposed outdoor l~ght~ng or public address systems. The locatSo~ o~,a~d plan8 ~or, a~y outdoor sSgns,~~~ The iocation and arrangement of proposed means of access and egress, ~nclud~ng s~dewalks, drSveways or other paved areas; profSles 5nd~cating grading and cross sections showSng w~drh of roadway, location and wSdth of s~dewalks and icoat~on and s~ze of water and sewer l~nes. OVER... Site plan elements cont. (§100-134) ~) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. PART I Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor I :2. Project Name 3. Project location: · iROJECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Municipality [] New [] Expansion $. Describe proiect briefly: [] Modification/alteration 6. Precise location (road intersections, prominent landmarks, etc. or provide map) 7. Amount of land affected: [] Yes [] No If No, describe briefly [] Parkland/open space [] Other 10 Does action involve a perm t/app oval, or funding, now or uJ mately from any other governmental agency (Federal, state or local)? [] Yes [] No If yes. list agency(s) and permit/approvals Does any aspect of the action have a currently valid permit or apptovaJ~ CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS ERUE TO THE BEST OF MY KNOW/EOCE 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 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 February 6, 1987 TO: Bennett Orlowski, Chairman Planning Board FROM: Victor Lessard, Vt~ Exec. Admin. SUBJECT: Sukru Ilgin (gas station site plan) Indications from site plan application, property in question is applying for what seems to be a change of use, or shopping center sit- uation, i.e. more than one business. Property not large enough, by law, to sustain such a con- dition. Applicant should be notified that to pursue this any further will require a vari- ance from the Zoning Board of Appeals. No certification from the Building Department is possible without this variance. VGL:hdv h AREA = II,982 S© FT OR 0.2751 ACRE PECO~ ~ ( 5~6 ~ P. 0 BOX 909 SOUTHOLD , N.Y. 0L9 ENGINEERS , P.C. 11971 8?',22 RO~° PLAN OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.~ ,ooo- SCALE' 1"=50' DEC. 24, 1986 P`aRKING CRITERIA CONVENIEtVCE STORE PROVIDE B STALLS KEY SCALE TRAFFIC FLOW PROPOSED FLOOD LITE ZONING DISTRICT. ARE,a= 11,98,4 SQFT OWNER. OCE`aN HOLDING CORP 1320 STONY BROOK RO~.D STONY BROQK~ N Y 86 - 776 M A P AREA= BOO SQ PT -~ J 'v ..-' '~ ..- ~,~.~ ," :. ~ /~~-~' x. ~ ~ ~ ' - ~ ' ~// .-' x ~' -- ~ ~~ ~.~ ~ ~ . ',~-~ - . : > . _., ~ :,- ~ k~ -" /" ~.~ X'~ c / ..... ,~,~.~2~~~ ~,~ '. '~" ~. GARRETT A. STRANG architect Main Road P.O.516Box. 7651412- Southold5455 N.Y. 11971 P.O. BOK I ~. ,2 oOUthC~rJ ;..I,.¥..' '5',, FEB 13 1998