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Home My WebLink About6219 APPEALS BOARD MEMBERS~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED FINDINGS, DELIBERATIONS AND MEETING OF 3ANUARY 22, 2009 ZB File No. 6219 - GAMA DEER PARK, INC. (Applicant) Property Location: 9945 Route 25 and Factory Avenue, Mattituck Suffolk County Tax Map Parcel 1000-142-1-27 Town of Southold Zoning District: B-General Business SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 22, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. BASIS OF THE APPLICATION: Request for Variances under Sections 280-49 and 280-50C, based on an application to the Building Inspector for a building permit and the Building Inspector's amended September 4, 2008 Notice of Disapproval concerning proposed additions and alterations in converting an existing gas station and convenience store uses to a convenience store (retail store). The reasons stated for disapproving the building permit application are that the new construction: (1) will have a single side yard at less than the code required minimum of 25 feet; (2) will have a rear yard at less than 35 feet; (3) will be greater than the code limitation of 60 linear feet of frontage on one street. PROPERTY FACTS: The property contains 24,140 square feet with a 1,950 square foot retail building with a nonconforming frontage of 65 linear feet along the north side of New York State Route 25 (a/k]a Main Road), and the east side of Factory Avenue in Mattituck. Page 2 - January 22, 2009 ZBA # 6219 - Gama Deer Park, Inc. CTM 142-1-27 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 4, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances from Zoning Code Chapter 280, Article XI Sections 280-49 and 280-50c, for reductions in the side yard setback and the rear yard setback for a proposed 25 ft. by 30 ft. extension (a 750 square foot addition) and alterations to the existing nonconforming building which contains the office and sales area for a gasoline station and convenience store, and business garage bays. The new 750 sq. ft. addition to the existing building: (1) will have a single side yard at less than the code required minimum of 25 feet; (2) will have a rear yard at less than 35 feet. In addition, relief is requested under Section 280-50C to enlarge the existing building by an additional 25 feet, resulting in a total length of 90 linear feet of frontage on one street (NYS Route 25, a/k/a Main Road), instead of the Code limitation of 60 linear feet. The existing (1,950 square foot) building is located at 21'8" from the north]east property line, 49'2" from the east property line, 88'5" to the south (front yard) lot line, and +/-39 feet to the west (front yard) property line. The new addition to the building: (1) will reduce the code-required minimum of 25 feet to 24.16 feet on a single yard to the north, (2) will reduce the code-required minimum of 35 feet to 21.67 feet on the rear yard, (3) will increase the linear footage from the existing nonconforming length of 65 feet to 90 linear feet adjacent to the Main Road (N.Y.S. Route 25). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3}(1). Grant of the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. On the northern and eastern sections of the applicant's site are retaining walls raised above the adjacent parcel containing a large parking area for the adjacent shopping center. Since the applicant's property contains these barriers, its patrons and employees are not able to access onto the adjacent shopping center's parking area and the property sits above the adjacent property like a plateau. The applicant's site is situated at a four-way traffic light and along two public streets with busy traffic and crosswalks for pedestrians. This site has a limited area for open space access. There are several businesses in close vicinity to this parcel with uncontrolled parking or that lack site plan approval. 2 Page 3 - January 22, 2009 ZBA# 6219 - Gama Deer Park, Inc. CTM 142-1-27 To the west of this site is Factory Avenue, a busy public road which is also accessed with poor turning and poor visibility at the four-way intersection, with difficult turning onto Factory Avenue. To the west of Factory Avenue are established businesses (ice cream store) and auto repair garage, boat sales/repair use, located in the B Business Zone District. In summary, the existing site is constrained substantially by its surrounding environment. The busy corner at NYS Route 25 and Factory Avenue can only marginally accommodate the new use with the current building as exists at this site. A conversion of the building with alterations for a new fulltime retail convenience store in an enlarged, longer building would exacerbate the difficulties that currently exist at the four-way street intersection with high traffic. No evidence was presented to the Board to indicate that the proposed fulltime use as a convenience store could not function within the present building, which contains space for two restroom facilities, one office and convenience sales area, a storage room at the rear of the building, and three garage bays for auto repair. The existing building is slightly under 2,000 square feet of floor area. The new proposed addition will expand this already nonconforming building and will create new setback and building frontage nonconformities. Additionally, there is a difficulty created for fire and rescue department to access the building as proposed with encroachments into the easterly side yard. The current nonconforming building is large enough to be occupied by three business uses, without inhibiting the easterly side yard for emergency access. The increased size for a single use .creates a new obstruction rather than keeping the yard areas open space, for emergency vehicles, for safe parking, or even for outdoor enjoyment for patrons or employees. Testimony was submitted to the Board at length indicating the impact that the use will have on the community. The increased size of the nonconforming building would create a detriment to its own on-site activities because the parcel lacks the size required under the current codes for a 30,000 square foot minimum parcel, and is nonconforming. The Board finds that the grant of all the requested variances will impact the immediate area and cause a detriment to nearby properties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance (three area variances). The applicant has made no attempt to enlarge the existing building in the conforming yard areas or by making it deeper, which would eliminate one of the requested variances for building frontage (length) along the Main State Road. Instead the apl~licant is requesting a new nonconformity at the easterly side yard which is currently open space without obstructions. Page 4 - January 22, 2009 ZBA# 6219 - Gama Deer Park, Inc. CTM 142-1-27 The existing building contains at least 1950 square feet for its current three uses, and can accommodate the new single converted use, as planned with removal of the existing three uses at the property (gasoline sales area, three garage bays, an office, sales area, storage room, bathroom facilities). In addition, the changes at the site to remove the gasoline pump islands, do not make the existing building more conforming to the code, but instead the addition as proposed with alterations to convert the three uses to a single use will create more nonconformity on the northern and eastern side yards. 3. Town Law §267-b(3)(b)(3). The variances requested herein are substantial, resulting in a 28% increase in building length and significant increases of nonconformity with regard to the setbacks that are already nonconforming on the side and rear of the existing building. The existing building length is already five feet longer, or 8.33% of the code maximum limitation of 60 linear feet, and the proposed addition increases that by an additional 33%, amounting to a six-fold increase in the degree of nonconformance for the additional 30 feet. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created because it is applicant's desire to request additions to the already nonconforming building. 5. Town Law §267-b(3)(b)(4). Testimony was presented to suggest that the variances in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Simon, and duly carried, to DENY all variances, as applied. Vote of the Board: and Weisman. This Resolution was duly adopted (5-0). RUTH D. OLIVA, VICE CHAIRWOMAN Approved for Filing Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon ~/~,/2009 4 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 3,2009 By Regular Mail and Fax Transmission to 765-4643 Gama Deer Park, Inc. c/o GAZ Realty, Inc. 366 North Broadway, Suite 206 Jericho, NY 11753 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6219 - Request for Variances Dear Gentlemen and Ms. Moore: Please find enclosed a copy of the Findings, Deliberations and Decision rendered by the Zoning Board of Appeals at its January 22, 2009 meeting regarding the above application for your permanent records. Before alterations or changes for the new occupancy are made, please be aware that other agency approval(s) appear to be necessary. Please contact the Planning Board and Building Department (765-1802) regarding the next step in the application process. Thank you. Very truly yours, Copy of Decision to: Building Department Planning Board Linda Kowalski 6" O SrEL BOLLkI)s 20'-6' ~DRYV[T STUCCO 7 ii 7'-0" x 3'-4" DOOR Eugene G. Kempey Professional Engineer 640 Sunrise Highway West Babylon, NY 11704 Telephone: 631.321.7777 Fax: 631.661.0486 REVISIONS: date description LIST OF DRAWINGS: sheet description SP-1 KEY MAP SITE PLAN A-1 FRONT ELEVATION SIDE ELEVATION SIDE ELEVATION ¢oo~oxo~s~) , ~...n..,..o...= ( SCALE: 1/4": ,~~~~, __ ~[ ~~E~ ~A DEER P~K, INC. PROJECT: 7 ELEVEN CONVENIENCE STORE MAIN RD. & FACTORY AVENUE MATTITUCK,NY drawing no. date 08-18-08 ' scale AS NOTED AI ~ drawn by P.T. ~----- ./) AREA NAME AREA SIZE CODE REG. REQUIRED PROPOSED GONVENIENCE 5TORE 2,700 SQ.FT, 1 SPACE/200 SQ,FT, 14. SPACES 25 SPACES * INCLUDING (1) HANDICAP PARKING SPACE SITE DATA ITEM AMOUNT % PLOT SIZE 24.,14-0 SO.FT. 100 (0,55 ACRES) BUILDING AREA 2,700 SQ,FT. 11 PAVEMENT AREA 11,535 SQ.FT, 59 TOTAL LANDSCAPING 9,905 SO.FT. 30 UNBEVELOPEB AREA 0 SO.FT. 0 NING NFORMATION SCTM~'S: STREET ADDRESS: 994..5 MAIN ROAD, MA'Ig'ITUCK, TOWN OF SOUTHOLD,NY ZONING DISTRICT: Ri-GENERAL BUSINESS TOTAL AREA OF SUBJECT LOT: 24,140 SO.FT. (0.55 ACRES) TOTAL LOT COVERAGE PROPOSED: 2,700 SQ.FT. ~AVED AREA PROPOSED: 14,526 SQ.FT. . o' kNDS AP AR A RE URE :,4-828 SO.FT. ( 0.0 % NDS AP ARB PROPOSe& SO. . ~,NDSCAPE FRONT Yard REQUIRED', 4,955 SO.FT. ~NDSCAPE FRONT YARD PROPOSED: 5,741 SO.FT. % RCENT OF LANDSCAPE REQUIRED TO BE IN FRONT YARD: 50 % PERCENT OF LANDSCAPE PROPO.SED ,TO ,,BE IN FRONTYARD: FRONT YARD SETBACK REQUIRED.. 40 FRONT YARD SETBACK PROPOSED. ,88 SIDE YARD SETBACK REQUIRED:~,~5' t~(-'e'~ ~ . SIDE YARD SETBACK PROPOSED, 24-2.~_ ~=./ REAR YARD SETBACK REQUIREDt~'"~' I REAR YARD SETBACK PROPOSED: 21'-8" 1 TD E4,03 PEEP, SIGN 26,95 xE6.98 EXIBTINO B' 6BNCRETE RETAINING ~ALL ALONG NORTHERLY PROPERTY LINE N 48'57'30" E 1200 GAL. LEACHING SEPTIC TANK GRATE 84.33 BC 24.58 EXISTING S48'57'30"W THE PROPOSED 1000 -- GALLON GREASE TRAP EXIST]NG PrOPoseD TOTAL CONVENIENCE STORE (2,700 SF) 44 N/F SANITARY DESIGN CALCULATIONS AREA AREA DESIGN DESIGN DESIGN TOTAL NAME SIZE FLOW FLOW FLOW FLOW BY SANITARY: GREY: TOTAL: SPACE: CONVENIENCE 2,700 ' 0,.3 gpd/sf 0.2 gpd/$f0.5 gpd/sf1~5 gdp STORE SF =81 gdp =§~ gdp =1~5 gdp CALCULATIONS FOR STORM WATER RUN-OFF RETENTION AREA RUN-OFF COEFF. FT. OF RAIN CU.FT, RETENTION REQ'D PAVEMENT 11,555 SO.FT. 0.9 0,17 1835 CU.FT, LANDSCAPE 9,905 SO.FT. 0.25 0.17 4-21 CU.F% BUILDING 2,700 SO.FT, 1,0 0.17 459 CU.F-r. 2715 CU,FT, TOTAL 24,140 SQ.FT. 2715 CU.FT, ZONE: GENERAL BUSINESS (B) USE: WALDBAUM'S SHOPPING CENTER ~¥ ~:~ 146.00 (BLOG.) EXPANSION EL 84.7~ :R5,B8 BE B3,30 198.00 TC BC E3,86 x NOTE; THERE ARE NO CURD CUTS RUNNING THE ENTIRE LENGTH ON MAIN ROAD FOR ADdACENT PROPERTY BETWEEN SIGSBEE RD, AND MARLENE LANE EXISTING 8' CONCRETE REQUIRED DRAINAGE 2715 CU.FT. / 68.57 CF/VF = 59.71 VF EXISTING DRAINAGE (5) @ 10' DIA. X 8' DEEP = 5 x 8' = 40 V.F. TC B4,13 '7-ELEVEN' IO SIGN EXIBTING - GRATE Y~YMAP ~8:~ ,~ <L" \%%%% CURB MAINTENANCE & PROTECTION PLAN FOR 7 ELEVEN CONVENIENCE MAIN ROAD et,~3 (NYSDOT R,O,W,) (ROUTE 25) (VARIABLE WIDTH) LEGEND TC = TOP OF CURB BT = BOTTOM OF CURB EL = ELEVATION · = MONUMENT ~ = DRAINAGE FLOW = UTILI]Y POLE SP-1 SCALE: 1" = 20'-0" DATUM: USGS- NGVD 1929 KEMPEY ENGINEERING 640 SUNRISE HIGHWAY WEST BABYLON, NY 11704 P: 631.321.7777 F: 631.661.0486 4 BRUNSWICK DRIVE EAST NORTHPORT, NY 11731 P. 631.368.3324 F. 631.368.1524 REVISIONS: Date Description No. LIST OF DRAWINGS: Sheet Description SP-1 K.EY MAP SITE PLAN PARKING CALCULATIONS DRAINAGE CALCULATIONS SANITARY CALCULATIONS ZONTNG INFORMATION SP-2 LANDSCAPE SCHEDULE LANDSCAPE NOTES SP-3 PHOTOIVIETRJC PLAN SP-4 LIGHTING DETAILS LIGHTING SPECIFICATIONS SP-5 DETAILS A- 1 FRONT ELEVnTION SIDE ELEVATION Tbeee plans am an lnstmmant of .e~ce a~l are the pmberty oftbe Engineer, Infdngemant~ will be Contractors Bbell verify ell shMI be responsible for fle~d fit and quallly of work. No e/Io~ncee on him bert. SEAL GAMA_DEER PARK, INC. 320 FROST POND ROAD OLD BROOKVILLE,NY PROJECT: 7-ELEVEN, INC. MAIN RD. & FACTORY AVENUE MA'FrlTUCK, NY SUFFOLK COUNTY TAX MAP DIST. SEC. BLK. LOT 1000 142 01 27 Date: 08.21.08 Scale: AS NOTED Drawn by: P.T. drawing no. SP-1 KEMPEY ENGINEERING LANDSCAPING-NOTES:' 640 SUNRISE HIGHWAY ~, cov~J~wa~a.mswrm.~oF="mc~mssoF~wooD~m WEST BABYLON, NY 11704 ;2. AT PLANTING BEDS IN PARKING AR-EAS AND AREAS OF RBQUIR-ED TRAFFIC VISIBILITY ~ LOW P~ P~G$. P: 631.321.7777 '-~ 3, DURINO LOCAL GR-OWII~O SBASON, OwNBK SHALL PURCHA~!q AI~) PLANT ~AL FLO~O ~' ~ ~ ~ ~O B~ ~ F: 631.661.0486 j ~. s~s.s~s~w~,...~c~o~m~c~ss~,.,.~~o~~~ 4 BRUNSWICK DRIVE ~ ~o~o~z~s~zcco~~o~ ST~S~O~U~ ~30~o~'~ ~ST NORTHPORT, NY 11731 ~ 5. Dat~ D~ription ~o. ZONE: OENERAL BUSINESS (B) ~ 14~.00 ~ ~m~c~ m~o~ ~.~ ou~..~-~ ~ .............. ~J'~ Il ~ .o~.. ~ ~,.~ . LIST OF D~WlNGS: ~ ~ ~ ~ ~ ~ ~ ~ ~ Ii ~ ~,.occ=~=o. ~.,.~.=. = ,, Sheet Description SI~ P~ P~G CALC~ONS " SP-3 PHOTOmaC PL~ ~ ' . LIGHT~G SPECIFICA~ONS A 1 F~o~ ELEW~ON Engin~r. I~dngeme~ wGl ~ / ' '~.,¢ ~ Proje~ 320 FROST POND ROAD OLD BROO~ILLE,NY - MAIN RD. & FACTORY / ', ~AW~TUOK, NY ~~ff~~~~ ~~u~~"~~~~~[ °~[S:;~~~[E O~~'ELEVEN C O~~ENCE ST~~F / mt~:DJST'~000SU FFOLK COU NW TAX' UAPoo.2~S~C.~42 .oo ~raw~ng0~BLK' ~o. 27LOT Drawn by: P.T. LANDSCAFE $CI~ULE ~ BOTANICAL ~ COMMON NAMI~ ~IZE QUAI~'llrg KEMPEY ENGINEERING 640 SUNRISE HIGHWAY 1, DECORATIVE OFF-STREET PARKING LOT LIGHTS SHALL BE UNIFORMLY APPLIED, INSTALLED AND MAINTAINED, WEST BABYLON, NY li704 B, OFF-STREET PARKING LOT LIGHT FIXTURES SHALL BE NONADJUSTABLE HORIZONTALLY MOUNTED FIXTURES ~/ITH LESS THAN P: 631,321.7777 NINETY-DEGREE LUMINAIRE CUTOFF, F: 631.661.0486 FIXTURES THAT PROJECT LIGHT BR GLARE TB~/ARD THE STREET RIGHT-BF-~/AY OR ADJBININGPROPERTIESSHALL NOT BE PERHITTED, 3, PEDESTRIAN LIGHTING SHALL BE UNIFORMLY APPLIED, INSTALLED AND MAINTAINED ALONG PEDESTRIAN ~¢ALKV/AYS AND ALLEY~/AYS, 4 BRUNSWIOKDRIVE 4, BUILDING-NOUNTED LIGHT FIXTURES SHALL BE FOR SAFETY OR SIGNAGE PURPOSES ONLY AND MUST DIRECT LIGHT DB~/N~/ARD, EAST NORTHPORT, NY 11731 ~/ALL-PACK LIGHTS OR OTHER LIGHTING THAT SHINES BUT~/ARD TB~/ARD ADJOINING PROPERTIES DR THE STREET RIGHT-BF-~AY P. 631.368.3324 SHALL BE PROHIBITED, SHIELDING SHALL BE PROVIDED TB AVOID LIGHT TRESPASS AND GLARE, F. 631.368.1524 5, DECORATIVE STREETLIGHTS OF NOT HDRE THAN lB FEET IN HEIGHT SHALL BE UNIFBRHLY APPLIED, INSTALLED AND HAINTAINEDSITUATED IN SIDEWALK CUTOUTS EVERY 30 FEET BN REVISIONS: CENTER ALONG THE SITE'S FRONTAGE, THE SANE LIGHTING FIXTURE SHALL BE APPLIED TD EACH HAIN STREET BUSINESS DISTRICT, Date Descri~ion No. ~~'~' '~ ~' ....... ........... ~ {~~' ,/ ~%'~~ / / ~-'-~ / '//% /.o%x¢ 'r% %'~,' ~ Sheet aP-1 LIST OF D~NGS: ~Y~ D~cription ~ ~c, ~I~ PL~ / ~- PAnG C~C~A~0NS ~ S~T~Y C~C~A~ONS ~ ZO~G ~O~ON ~ - - - ~- I ~. , ~ ~ ~ SP-2 LA~SC~E SC~D~E ~o ~o' o ~o' ~o' LA~SC~E NO~S ~. ,.,~,~ ~ .~ SP-3 PHOTO~T~C ~ ,o' ,o.o ~,o ~.o~ 'z~ o., o.: o.. SE-4 LIGHT~G DETAII,S w. ~ ~,~, ~ LIGH~G SPEC~ICA~ONS -- ~ w,~ SP-5 DETA~S PROPOSED 400 WATT A-1 FRO~ELEVA~ON AREA LIGHT ISOLUX CHART S~EELEVA~ON ~ / N a ~, pm~ed.ingin~r' I~ng~e~ will ~ Contr~om shall v~ ~1 ~d ~ S48'5~T~ ...... ~' .......... 1 9~.00 .................. ahall be ~Nble for ~eld ffi and q~ ~. No ~l~n~ shall be ~de on ~ha~ on Ns pa~ S ~L Project ~ _ O~ER: G~DEER PARK, ~ ~ INC. OLD BROOKVILLE,NY PROJECT: 7-ELEVEN, INC. MAIN RD. & FACTORY AVENUE MA'FrlTUCK, NY SUFFOLK COUNTY TAX MAP DIST. SEC. BLK. LOT 1000 14-2 01 27 Date: 08.21.08 drawing no. Scale: AS NOTED ~ )1 '~ ~ - I Drawn by: P.T. KEMPEY ENGINEERING I 640 SUNRISE HIGHWAY ~ WEST BABYLON, NY 11704 SPECIFICATIBNS~ SPECIFICATIBNSI P: 631.321.7777 Styl, e. METRDPDLITAN Style, NETRDPDLITAN F: 631.661.0486 Helght~ DveraLt pore height Is lS'-lO' with Fixture Height~ BveraLt pole height Is 1B'-iO' with Fixture Lamp center at approxlmatety lO-FI. Hain shaft height can be ModiFied Lamp center at approxlmate~y 10-¢t. Hain shaft helgh't; can be modified to accomodate dl??erent [amp center heights. HandhoLe access door Located 18' above base, , to accomoda-~e diFFerent Lamp center heights, Handhote access door Located 18' above base, 4 BRUNSWICK DRIVE :Base, Nom, 8-1/8' bott circte in 9' square shoebase. :Base; Nom. 8-1/2' bolt circle in 9' square shoebase. EAST NORTHPORT, NY 11731 [3-1/4' dlamater base cover, 13-1/4' diD, Mater base cover, P. 631.368.3324 Anchor :Boltsl (4) 5' x 30' with 3' hook, Fully gary, Anchor :Boltsl (4) ~' x 30' with 3' hook, Furry gary, F. 631.368.1524 Ha't;eriab 4' ¢ steer po[e shaft (optlono[ 0,[umlnum shaft avaitabte), Bent arm assembly is Fabricated Haterlab 4' ¢ sire[ pore shaft (optlona[ a[uminum shaft avcit~bte). Bent arm assembty Is Fabricated From steer tubing with a cast al, uminum ?liter he[d in p[ace with (3) s'l;ainkess steel set screws. ?rom steel tubing with a cast a[uminum ?itter herd in p(c~ce with (3) stain(ess steer set screws. REVISIONS: Finish~ Standard ?irish Is TGIC potyester powder coat in HagnlGray or Hagni:Bkack, Custom colors Flnish~ Standard ?irish is TGIC potyester powder coat in HaQniGray, or ~a©nlB(aFk, Cus'~om colors are available on request, are avaiLabLe on request. ~' ' , Date Description No. ORDERING INFDEHATIDNI DRDERIN6 INFDRHATIBNI HSP-2-(Fixt, Htg. Hgt, In Feet)-(CBLBR) HSP-I-(Flxt, H-~9, Hgt, in ¢eet)-(CBLBR) EXAHPLE= HSP-2-tO-BLACK EXAHPLE= HSP-t-IO-BLACK BPTIBNS= BPTIBNS~ TX TamperprooF Screws TX Tamper'prooF Sca*ewE AL ALuminum shaft AL Aluminum shaft LIST OF DRAWINGS: Sheet Description SP-I KEY MAP St't'~. PLAN PARKING CALCULATIONS DRAINAGE CALCULATIONS VILLAGE OF AMITYVILLE POLE & FIXTURE ASSEMBLY : SANITARY CALCULATIONS 6~" ! LAMP: l OOW -400W HIGH PRESSURE SODIUM; 175W - 400W METAL ZONING INFOR~TION CAST, COPPER-FREE SOCKET: 4KV PULSE RATED, PORCELAIN; MOGUL SASE SP-2 LANDSCAPE SCHEDULE I ou~lNO BALLAST: ?OOW - 400W HPS; 775W - 400W HPS LA_NDSCAPENOTES LENS: CONICAL PRISMATfC FINISH: T.G,I.C. POLYESTER POWDER COAT BLACK SP-3 PHOTOlv~TRICPLAN SP-4 LIOii'rIN'G DETAILS i LIGIt'I'IN'O SPECWlCATION$ / SPUN __ SP-¢ DETAILS SlD]~ ELEVATION SCROLLWORK I , I "~oes-ro VILLAGE OF AMITYVILLE POLE & FIXTURE ASSEMBLY' : 2" *083-T$ ~.,.,,,~. ~'~ UPPER SHAFT PRESSURE 175W - 400W METAL ~, LOWER SRAFr SOCKET: 4KV PULSE RATED, PORCELAIN; MOGUL BASE LOWER S~AFr 17'-~' BALLAST: IOOW - 400W HFS; 175W - 400W HFS 20' (LAMP CENTER,) LENS: CONICAL PRISMATIC ~ """'---¢5 ~ '",~¢5 FINISH: T.G.I.C. POLYESTER POWDER COAT BLACK 20' 17' SEAL , (LAMP CENTER) Project OWNER: GAMA_DEER PARK, INC. ~ 320 FROST POND ROAD ¢~,, ,~0~I~AL ~" ~O,~AL OLD BROOKVILLE,NY , MAIN RD. & FACTORY "-' MATTITUCK, NY I 2~" SLOTS FOR SUFFOLK COUNTY TAX MAP I~,,- I k~,,. I DIST. SEC. BLK. LOT 1000 142 01 27 BASE BOLT CIRCLE DETAIL BASE BOLT CIRCLE DETAIL Date: 09.30.08 drawing no. Drawn by: P.T. '\\k';e'"='"'Y','''°' ,' ~,-,. '-~-~-~ ~ KEMPEY ENGINEERING 6" D~ 8~RT,BOT].~ ~" strip wna co~c~,~ ~ ~,~ .,, 640 SUNRISE HIGHWAY ~ p~ ¢) ~A~ ~ ~. ~ , ~'~ ~'" ~'" '"' WEST BABYLON, NY l17~ ~ .. ~ / ~ / ~ ~' INDUSTRIAL WP~CALco,c, ~ ~-7 P: 631.321.7777 TOPOFE~G~P~T ). , STREET REPAIR CURB GUTTER NOTES: F; 631.661.0486 PATCHAS~(O~ ~ .~ ~ ~ ~ ~ 1. - Length and width to be determined by the architect or ~'" TYPICAL CONCRETE CURB *nglneer 0, necesalt~ted by the need, of the site. The size ¢i SLATTED FABRIC DETAIL subject to the opprovol of the Town Engine,r · Pl~nnlng boord. ' .,,.,.,., ., GUTTER ~ STREET REPAIR 4 BRUNSWlOKDRIVE · c~.~, ,,.~ ~,~,~ %,.,2~..~, ~ EAST NORTHPORT, NY 11731 ." '"' ~ ~ I P. 631.368.3324 ,, .,,. ~, ~-v=". ,~.. ,o~, -~-~,~' ...,...Z~,., - F. 631.368.1524 , ., ~ fence ~ ~ r1-1/2' e Bo[tom ~ ~ ? ~ 3000 ~.s.L coNc~ ~' ~.' , ,u ~ ,..... ~,.. =,.. ,.... ...,o..,,. ~ ~ ~ ~_ .~,~,.o ___ ~ .,=., ~ R~ISIONS: ' ~o d~ { 4000 ~b, 2a INDUSTRIAL STANDARD ~ ,~* "' '~1,~ ~ ~[I/ ~/doy str;ngth STREET REPAIR CURB ..' ... . . __- ~_ ._:'u ~o.~. ~ .... ~.,.,_~ ~?=':' '"'~" '":,-,,-.., ~ I Date Description No. 5'.~ ~ ;.:, ~ '-~-:~ ,,.- ' TYPICAL STREET CURBS -~ OATES STREET REPAIR DETAIL SC~.~.: ~" = 1'-0" SC~r,[~ J" = 1'-0" ~ iC~: ~" = 1'~" ~% No~: LIST OF D~WlNGS: ~ ~ ~ ~ = ~'~ 1. - Dep~ of s~rage ~ be b~¢ on ~ ~ o~c~ ~ /...~,~ ~' ' ~ ~ ~ Sheet Description --~ / ,~ ~} ~ STRIPE STANDARDS __ ~ SITE PL~ ~ ~ 3" '~"~ ~ ~ -- ~ · ~ -~ ~ e~ ~ L~SC~E NO~S ~"~ ~" ~'"' MAJOR TREE PLANTING 9EO ~.~o~,~,~. ~ ~ ~au,v~.~ SP-3 PHOTO~CPL~ ~ ',',',' ~ . ~, ~ ~ SP~ LIaH'r~GD~S ', : LIGH'I'~G SPEC~CA~ONS ~' <' ' ~ A-1 F~o~ ~EVA~ON 8 wide .tg~ ~ ~p~P.V,C, ~po~SD[3~. ' ' [ ' . -- ~ ~ . ~ S~: ~"= 1,.0,, SCgT-~.: ~" ~ 1,.0,, ~ S~T.~ 112"= 1,.0,, ~= ~~ Proje~ ~ O~ER: G~DEER PARK, INC. ~ %x 320 FROST POND ROAD Co~ter Slo~ of S~aces Adj~em m C~b ~ps -,= NTS m~o.m~ ,.~. :; ,.~ : ' PROJECT: 7-ELEVEN, INC. ~c~~~~'., ~% ...~, ...,, ~, MAIN RD. & FACTORY "~~~ ~,~ ~~ ~ ~' J AVENUE I ~ ~~~ ~- 'hi ' ~;L' -- - . ~.4,~. c~s .' ~ ~ ~ o~ """~ MA~ITUOK, NY ' ~ < -- ~ SUFFOLK COUNTY TAX MAP ~m ~. ' ~ "; ~' ~ ,:' -~-- ~ DIST. SEC. BLK. LOT ,, ,, .: , ~-.,,. ..... . L 1000 142 01 27 ~0~ E '~ ~.~ .~ - - , _ ~ - / ,,,,. _._ ~ [ I ": ~ drawing no. , " :~ / ~ Date: 09.30.08 8C~L~, ~" ~ 1'-0" SCg~.~: ~" ~ 1'~" SC~L~.: ~"= r-o" scg~.~: ~"~ 1'.o" ~0( AI_~ FROI~T ELEVATION 0~OOra~O~ORTH~S~ SCALE: 3/16"= 1'-0" DO" SIDE ELEVATION 0~OOmONORTh~S~ SCALE: 3/16"= 1'-0" Eugene G. Kempey Professional Engineer 640 Sunrise Highway West Babylon, NY 11704 Telephone: 631.321.7777 Fax: 631.661.0486 REVISIONS: data description LIST OF DRAVVlNGS: Sheet Description SP-I KEY MAP Si'i~ PLAN SP-2 SP-3 SP-5 A-1 PARKING CALCULATIONS DRAINAGI/CALCULATIONS SANITARY CALCULATIONS ZONING INFORMATION' LANDSCAPE SCHEDULE LANDSCAPE NOTES PHOTOMETRIC PLAN LIGid'I1NG DETAILS LIGIt'rlNG SPECIFICATIONS DETAILS FRONT ELEVATION $1DE ELEVATION ~=o,,cllUon, .d dlmin,lon, Pmjec~ SEAL OWNER: PROJECT: GAMA_DEER PARK, INC. 7 ELEVEN CONVENIENCE STORE MAIN RD. & FACTORY AVENUE MA'I'TITUCK,NY date 08-21-08 scale AS NOTED drawn by P.T. dra~ng no. A-1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 29, 2008 AMENDED: August 12, 2008 AMEDNED: September 4, 2008 TO: Patricia C. Moore (GAMA Properties) 51020 Main Road Southold, NY 11971 Please take notice that your application dated July 8, 2008 RECEIVED SEP 8 For pemfit to make additions and alterations, converting an existing gas station to a convenience store at and convenience store Location of properly: 9945 Route 25, Mattituck, NY County '[ax Map No. 1000 - Section 142 Blockl Lot 27 Is returned herewith and disapproved on the following grounds: The proposed construction, on this r istrict, is not permitted pursuant to Article XI Section 280-4% which states: "No buildiog or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conlbrms to the Bulk Schedule and Parking and Loadiug Schedules incorporated into this chapter by reference, with the same force and effect as ii' such regulations were set lbrth herein in full." Bulk schedule allows a minilnum single~ide yard setback~f 25 feet, and a minimum rear yard setback 3--"-~ ~--Ieet. l~ollowmg?he proposed construct 0~n~ will maintain an existing side yard of ~:+/-21.6"7 I.~et, and a~' yard setback of+/-24.16~ ' Also, the proposed construction is not permitted pursuant to Article XI Section 280-50, C., which states; "A prg~ct shall be divided into separate structures so that no single structure shall have more than 60 lincm ~et of frontage on one street." Following the t?'o~x)sed constructiou, the building will have +/-90 feet of frontage on Main Road. The proposed use r~cq_uh'cs site plan approval from the Southold Town Planning Board. This Notice of Disapproval was written based on a site plan dated 6/27/8 by Kempe¥ Engineerinu and amended on August 12~ 2008~ to correct errors. This notice was further amended on September 4~ 2008~ to removed the need for a variance under Article XI~ 280-50~ A, based on Article XI, B~.per certilication of adjacent setbacks~ dated August 30~ 2008~ by George Brush, LS. RECEIVED SEP 8 ~oo~ ZONING BOARD OF APPEALS Note to Applicant: Any change or deviation to the above referenced application, may require further review b'.~ ti~e Southold Town Building Department. CC: file, Z.B.A., PI.:\NNING FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia C. Moore (GAMA Properties) 51020 Main Road Southold, NY 11971 Please take notice that your application dated July 8, 2008 DATE: July 29, 2008 AMENDED: August 12~ 2008 For permit to make additions and alterations, converting an existing gas station and convenience store to a convenience at Location of property: 9945 Route 25, Mattituck, NY County Tax Map No. 1000 - Section 142 Blockl Lot 27 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 24,829 square foot parcel in the B District, is not permitted pursuant to Article XI Section 280-49~ which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same fome and effect as if such regulations were set forth herein in full." Bulk schedule allows a minimum single side yard setback of 25 feet, and a minimum rear yard setback of 35 feet. Following the proposed construction, the building will maintain an existing side yard setback of+/- 21.67 feet, and a rear yard setback of+/- 24.16 feet. In addition, the proposed construction is not permitted pursuant to Article XI, 280-50, A., which states, "Structures shall be set back at least 100 feet from the right-of-way." Also, the proposed construction is not permitted pursuant to Article XI Section 280-50~ C.~ which states; "A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street." Following the proposed construction, the building will have +/-90 feet of frontage on Main Road. The proposed use requires site plan approval from the Southold Town Planning Board. This Notice of Disapproval was written based on a site plan dated 6/27/8 by Kempey Engineering and amended on August 12~ 2008~ to correct errors. Authorized Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., PLANNING FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia C. Moore (GAMA Properties) 51020 Main Road Southold, NY 11971 DATE: July 29, 2008 Please take notice that your application dated July 8, 2008 For permit to make additions and alterations, converting an existing gas station and convenience store to a convenience at Location of property: 9945 Route 25, Mattituck, NY County Tax Map No. 1000 - Section 142 Blockl Lot 27 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 24,829 square foot parcel in the B District, is not permitted pursuant to Article X Section 100-102, which states; "No building or premises shall be used and no building or part thereof ~hall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Bulk schedule allows a minimum single side yard setback of 25 feet, and a minimum rear yard setback of 35 feet. Following the proposed construction, the building will maintain an existing side yard setback of+/- 21.67 feet, and a rear yard setback of+/- 24.16 feet In addition, the proposed construction is not permitted pursuant to Article XI, 280-50, A., which states, "Structures shall be set back at least 100 feet from the right-of-way." Also, the proposed construction is not permitted pursuant to Article X, Section 100-103, C., which states; p olect shall be dlwded into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street." Following the proposed construction, the building will have +/-90 feet of frontage on Main Road. The proposed use requires site plan approval from the Southold Town Planning Board. This Notice of DisapProval was written based on a site plan dated 6/27/8 by Kempe¥ Engineeri_~. ~ ~ ~ri d Signatu~ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., PLANNING APPLICATION TO THE SOUTHOLD TOWN RECEIVED SEP 8 oo8 Filed By: Date Assigned/Assignment No. ZONING BOARD OF House No. 9945 Street Route 25 Hamlet Mattituck CTM 1000 Section 142 Block 01 .Lot(s). 27 Lot Size 24~829 Zone B District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 29~ 2008~ last amended September 4~ 2008 BASED ON MAP DATED 6-27-08 Applicant(s)/Owner(s): Gama Deer Park~ lnc Mailing Address: c/o GAZ Realty~ Inc, 366 North Brao, dway~ Suite 206 Jericho~ New York 11753 Telephone: 516-513-0155 Ext 333 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY i1971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel(&optonline.net Please check box to specif~ who you wish correspondence to be mailed to, from the above names: E Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 27~ 2008 13~ 2007 and DENIED AN APPLICATION DATED July 8~ 2208 FOR: E Building Permit [] Certificate of Occupancy ~3 Pre-Certificate of Occupancy {3 Change of Use [] Permit for As-Built Construction [] Other: and plans dated June Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Xi Section 280- 50 Subsection C Article X Section 280-49 Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. ~3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal E has, has not been made at any time with respect to this property~ UNDER Appeal No. 4290 Year 1-4-95~(Canopy) . 3788 1-11-91 (Accessory Convenience store to Gas Station) 1225 12-12-68 (Special Exc gas station) 5906 8-21-07 (open- 3 uses-car wash)-discontinued (Please be sure to research before completing this question or call our of J~tce for assistance) Name of Owner: GAMA Properties ZBA File # -RECEIVED REASONS FOR APPEAL {additional sheets mav be used with preparer's signature): ~ E F~ ~ i ~) ~ ~ AREA VARIANCE REASONS: ~ ~0 ~ { ~ ZONING BOARD OF APPEALS (l) An undesirable change will not be produced in the CHARACTER of the neighborl )od or a tletrlmcJd {u nearby properties if granted, because: The property is a corner lot with 150 feet along Factory Avenue & 198 feet long Rt 25. Behind and adjacent to the parcel is the Mattituck Shopping Center parking Lot. No vehicular access is proposed between the subject parcel and the Mattituck Shopping Center. The existing parcel contains a gas station which was granted from the ZBA a special exception in 1969 and has continued to operate as a gas station with a three bay repair garage. In 1990 the ZBA granted approval to operate a convenience store, as accessory to the existing gas station. The gas station and repair garage bays remain and the convenience store was permitted by Board action. In 1995 the canopy was added to the gas station, this canopy will also be removed for the single use convenience store. Therefore, at present, the property contains a full gasoline service station, three bays for car repair, a convenience store, and a canopy. The proposed application will no longer operate the gas station or the three bay repair garage, the activity at this site will be significantly reduced to one retail use ( a stand alone 7- 11 convenience store). Retail convenience store is a permitted use in the Business zoning district. The proposed variance for rear yard setback is required because the existing building is nonconforming with respect to rear yard. The proposed addition to the existing building will continue the existing rear setback. The property is surrounded by the Mattituck Shopping Center parking lot and the location of the building retains 21 feet around the rear of the property. The surrounding properties are all developed The addition to the existing building does not change the character of this business district. The variance from the 60 foot linear rule is misplaced at this parcel because the property is surrounded by the Mattituck Shopping Center building. The shopping center structure exceeds 60 linear feet (the Mattituck Shopping Center is close to 500 linear feet). The proposed improvements to the building will be in character with businesses in the area. The new CVS, across the street, has been improved and exceeds 60 feet in width. The expansion is required by the 7-11 to meet their operational needs. The building is narrow, only 30 feet in width, and the store must have adequate isle width, interior circulation and storage. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing building will be used as one retail use with a small expansion on the east side. The elimination of the gas station with a convenience store, repair garage, and canopy will be a significant reduction in the intensity of uses. The existing building needs to accommodate the proposed 7-11, the site plan shows extensive parking and traffic circulation. The existing building will not be expanded towards either of the roads. The additional 25 feet towards the easterly property line will not impact the adjacent parcel because it is a commercial parking lot with a grade difference which prevents access. The adjacent owner has refused a cross easement in the past. (3) The amount of relief requested is not substantial because: The existing setbacks to the street are maintained. The only expansion is to the east which maintains a set back of 24 feet to the property line. The rear property line permits access to the back of the building. The parcel is surrounded by asphalt parking from Mattituck Shoping Center. The elimination of the garage and gas station, gas pumps, canopy and only one use for the premises is a significant reduction in the intensity of the commercial use of the property. This area of Maffituck has preexisting commercial parcels which should be encouraged to be improved. The removal of the canopy and three garage bays will be a significant improvement to the visual character of the Business District. The architectural improvements to the building will enhance the continued redevelopment of the Mattituck shopping center area. The proposed with of the building will be visually insignificant by the architectural features to the building and the juxtaposition of the surrounding 500 linear feet of the Mattituck Shopping Center in the back ground. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is fully developed, contains a gas station, canopy, permitted convenience store and repair bays. The redevelopment of the property has proposed road improvements which will benefit the Mattituck community and improve the general traffic flow of the Mattituck Business District. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. The property is already developed and the setbacks of the existing building are established. The building is preexisting and exceeds the 60 foot rule. The modest expansion is reasonable and necessary for the reduction of uses to the building from an accessory convenience store to a stand alone convenience store. The lot has 199 linear feet of frontage on Route 25 and limiting the width of the building to 60 feet is not practical given the depth of the property and size of the existing building. Are there Covenants and Restrictlons concerning this land: E No. [2 Yes (please furnish cop~). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF,4 USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 31, 2008 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Att: Linda Re: GAMA Deer Park (7-11), Mattituck SCTM#1000-142-1-27 Margaret Rutkowski Betsey Per~kins ; Sec~tary Dear Linda: Enclosed are the most recent updated site plans filed today with the Planning Board for the above project. These plans include detailed landscaping and site plan elements requested by Planning. If there is anything else you or the board need please do not hesitate to contact me. Very truly yours, · Moore PAGE 01/01 Gamma properties-Deer Park, Inc 320 Frost Pond Road Old Brookville, New York Ph: 516 513 0155 ext 33 Fax 516 908 4999 Email george, abizeid@gazrealty, corn RECEIVED SEP 8 2oo8 ZONING BOARD OF APPEALS July 01, 2008 To Whom It May Concem Sub: 9945 Main Road, Mattituck, Southold, SCTM#1000-142-1-27 · This letter is to confirm that we authorize Ms. Patdcia C. Moore, Attorney at Law, 51020 Main Road, Southold, New York - 11971 to act as our agent, submit the required applications to the vadous departments of the Town Of Southold, Board of Health, and Department Of Transportation_ In addition, we authorize Vivian Kamath, DSC Construction Corp,640 Sunrise Hwy, and West Babylon, NY 11704 to coordinate the process and represent us in the various departments as related to the above project, Thank you for your help and cooperation on this matter George Abi Zeid, President End Aug, 30. 2008 12:01PM VOLLMUTH & BRUSH VOL MU H B U__ SH 200 BLUR POINT AVENUE BLUg POrN'r, NEW YORK I1715-1204 No. 6879 P. 2 Planning, Environmental Engineering & Land Surveying August 30, 2008 T~L 631-363-2683 · 212-775-0988 FAX 631-363-2062 · VO~.~RUSU.Ct~Xl RECEIV O SEP ~i ZONING BOARD OF APPE:ALS Patricia C. Moore 51020M a inRoad Southold, NYl1971 Re: Building Setbacks SCTM # District 1000, Section 142, Block 1, Lot 26 Matrimck Shopping Center Dear Ms, Moore, As requested, on August 27, 2008 a Vollmuth & Brash Field Crew visited the above refem~aced site and measured the existing building setbacks to their respective adjacent road lines. Measuremems were taken from the closest building comers to the road lines of Factory Avenue and NYS Route 25 and the results are as follows: Closest Building Offset to NYS Route 25 Closest Building Offset to Factory Avenue 34.90 feet 24.80 feet If you should require any additional iaformation please contact me. N icense # 49697 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION GAMA Properties-Deer Park~ lnc 1000-142-1-27 Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. -RECEIVED SEP $ 2oo8 ~ONING BOARD OF APPEALS 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? No 3) Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Am there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you am submitting? Yes- site plan of proposed does not show existing canopy (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: No If yes, G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel gas station with convenience store, canopy, 3 bays for repair oaraee and proposed use one retail store { 7-11 convenience store) /~ngle-family;~ proposed: same with garage or pool, or other description.) A~atholff~d Signature and Date 2/05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEIVED SEP 8 2005 Thc Town of $outho]d's Code of Ethics prohibits conflicts of interest on thc part of Town office; ZOI~I_N~I~,,~,~D~,~ ~,--r--, - - ~APPEALS purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Patricia C. Moore__and Gama Deer Parlh Inc (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Area Variance Special Exception If"Other", Plannning Board -Site Plan name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE Submitted t~~f .~"~ ~'~' S~gnature ~t- P~int Na~ne-: Georg~bi Zeid, President GAMA Properties- Deer Park 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM RECEIVED SEP 8 2008 ZONING BOARD OF APPEALS Pu~3~se: The full FAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is net always easy to answer. Frequently. there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may net he technically expert in environmental analysis. In addition, many who have knowledge in one particular ares may not he aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Pa~t 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviev{/er in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to he considered small to moderate er whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-ierge, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR ~ USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions upon review of the information recorded on this FAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ! [] B. *Although the pro. iect could have a significant effect on the environment, there will not be a signif'~ant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negathte declaration will be prepared.* DC. The project ma), result in one or more large and important impacts that may have a sigr~ificant impact on the environment, therefore a positive declaretJon will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) websita Date Page 1 of 21 RECEIVED PART 1//PROJECT INFORMATION SIP 8 ~008 Prepared by Project Sponsor .H~. . ,~. · . ,~ ...~' (~ ~/..t'/ NOTICE. This docu m · nt sdes g ned to assist in determining whether the action proposed may ha',. . ~~eA ~ o.~!1~1~[ ~h~e~, ~. environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as p~ne application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full FAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name ofActio. --7'-- I I Location of Action (include Street Address, Municipality and County) Business Telephone Name of Owner (if different) Address C~y/PO Business Telephone State Zip Code Description of Action: Page 2 of 21 Please complete Each Question-indicate N.A. if not applicable A, SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban [] Industrial [] Commercial RECEIVED [ONING BOARD OF APPEALS D Residential (suburban) [] Rural (non-farm) Total acreage of project area: ~. ~' acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, ~arth or fill) Roads, buildings and other paved surfaces Other (Indicate type) ~'~t0'4~ PRESENTLY AFTER COMPLETION acres __ acres O, ~'~.~ acres O, ~ acres ~,/~ acres O. Z¢. acres 3. What is predominant soil type(s) on project site? [f~¢~'~ a. Soil drainage: ~]Well drained ~/~% of site D Poorly drained % of site r~ Mederately well drained L{~% of site. 9. Is site located over a primary, principal, or sole source aquifer? []Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? t~/~ ~'~'acres (see I NYCRR 370). 4. Are thero bedrock outcroppings on project site? [] Yes [] No a. What is depth to bedrock '~ [OO (in feat) 5. Approximate pementage of proposed project site with slopes: F~0-10% J~% ~10-15% % [] 15% or greater % 6. Is project substantiall~ontiguous to,~ contain a building, site, or district, listed on the State or National Registers of Historic Places? U Yes ~ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~ Yes []No 8. What is the depth of the water table?~(in feet) ~ No DYes r=~No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes [~ No 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? 13. Describe: Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes ~No If ;/es, explain: 14. Does the Preaent site views known to be important to the community?. 15. Streams within or contiguous to project area: a. Name of Stream a~ name of River to which it is tributary 16. Lakes, ponds, weUand areas within or conti~uous to pro~ect area: [~]Yes b. Size (in acres): Page 4 of 21 17. IS the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? [] Yes b~ If YES, will improvements be necessar~ to allow connection? ~No ]Yes 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [~Yes []No 19. Is the site located in or substentiall~contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 r"~Yes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? 1. Physical dimensions and scale of project (fill in dimensions as appropriate). DYes a. Total contiguous acreage owned or controlled by project sponsor: O ,~'acres. b. Project acreage to be developed: ~, ~ 5 acres initially; ~. ~t~ acres ultimately, c. Project acreage to remain undeveloped: ~,O0 acres. d. Length of pro]act, in miles: ~,~ ]~f (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. ~ ]~t. % f. Number of off.street parking spaces existing (~ ; proposed ~_ g, Maximum vehicular trips generated per hour: ~ (upon compl~ion of pro~ect)? h. If residential: Number and typo of housing units: i~/j~, One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: ~ height; ~C~ width; j. Linear feet of frontege along a public thoroughfare project will occupy is?...~,~ft. 2. How much natural matedal (Le. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed []Yes [] No [~N/A a. If yes, for what intended purpose is the site being reclaimed?, b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? length. O,O0 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by E3vea [].o 6. If single phase project: Anticipated p~od of constru~on: ~ months, (includin§ demolitior 7. If muiti-phased: a. lot. al number of phases enticipat~l (numl~r) b. Anfi¢ipated date of' commencement phase 1: ~ month ~ year, {including demolition c. Approximate complation date of final phase: ~ month -- year. d. Is phase 1 functionally dependent on subsequent phases? [] Yes [] NO 8. Will hlesfing occur during construction.*I~ Yes No 9. Number of'jobs generated: during construction tO ; after project is complete ~ 10. Number of'jobs eliminated by this project ~. 11. Will project require relocation of any projects er facilities? [] Yes ~ No If yes, explain: 12. Is surface liquid waste disposal involved? [] Yes []No a. If yes, indicate type of waste (sewage, industrial, atc) and amount b, Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved?. [] Yes [] NO his EJVE ONING BOARD OF APPEALS 14. Will surface area of' an existing water body increase or decrease by propoSai? ~ Yes I~No If yes, explain: 15. Is project or any portionof project Iocatedin a lOOyear flood plain? DYes ~1o 16. Will the project generate solid waste? r~,Yes [] No a. If yes, what is the amount per month? [O tons b, If yes, will an exi~_~ng solid waste facility be used? [~Yes [] No d. Will any wastes not go into a sewage disposal system or into a sanitar,j landfill? ~,No Page 6 of 21 e. If yes, explain: RECEIVED SEP tnn ZONING BOARD OF APPEALS 17. Will the project involve the disposal of solid waste? DYes ~LNo a, If yes, what is the anticipated rate of disposal? tons/month, b. If yes, what is the anticipated site life? __ years, 18. Will project usa herbicides or pesticides? DYes ~ No 19. Will project routinely produce edom (more than one hour per day)? DYes~o 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes [] NO 21, Will project result in an increase in energy usa? [] Yes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumpir~j capacity ~ gallons/minute. 23. Total anticipated water usage per day ~¢=~:) gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes ~ NO If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board DYes [] NO Type City, Town, Village Planning Board [] Yes [] No City, Town Zoning Board rb~yes [] No City, Count}/Health Department .[~ Yea ~ NO Other Local Agencies DYes [] No Other Regional Agencies DYes [] NO State Agencies [~Yes ~ No Federal Agencies [] Yes [] No C. Zoning and Planning'lnfen~ation 1, Does proposed action involve a planning or zoh,ng decision? ~[Yes [] No If Yes, indicate decision required: n Zoning amendment ~Zoning variance ~ New/revision of master plan '~Site plan [] Special use permit N Resource management plan ]Subdivision ]Other Page 8 of 21 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning?. 4. What is the pro~-~l zoning of the sit~? 3NING BOARD OF AP~PEAL.~ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 7. What are the predominant land use(s) and zoning classifications within a V4 mile radius of proposed action? Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes [] No Is the proposed action compatible with adjoining/surrounding land uses with a ~ mile? [] Yes~ U No If the proposed action is the subdivision of land, how many lots are proposed? ~ ] ~ a. What is the minimum lot size proposed? Page 9 of 21 --RECEI -E 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? r~Yes '~ No 8 ~ 0 0 ~ Lo.,. 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? J~Yes [~No a. If yes, is existing capacity sufficient to handle pro~ected demand, r~'Yea [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? ~es [] NO yes, is the existing road net~vork adequate to handle the additional traffic. ~:~Yes L] No Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. If the actio~ is in the Coastal Area, and you are a state agency, complete the Coasta; Assessment Fonn before proceeding with this assessment. Page 10 of 21 --RECEIVED SFP 8 2008 Additional Information for Questions B1t and Cll ~/~ 2A ~ ZONJNG BOARD OF APPEALS There is currently a gasoline service station and convenience store o a~tu,~ ~,,~ the site. Based on the traffic data contained in Dunn Engineering Associates, P. C.'s November 2, 2007 traffic study, the operations conducted at the site currently generate the vehicle trips contained in Table 1 - Existing Trip Generation for both the weekday AM peak hour of 7:00 to 9:00 AM and the weekday PM peak hour of 4:00 to 6:00 PM. Table 1 - Existing Trip Generation SITE GENERATED TRAFFIC DEVELOPEMNT WEEKDAY AM PEAK HOUR WEEKDAY PM PEAK HOUR 7:00 TO 8:00 AM 4:00 TO 5:00 AM ENTER EXIT ENTER EXIT EXISTING GAS 28 30 38 34 STATION As can be dete~ndned 6om the data contained in Table 1 above, the existing site operations generate a total of 58 trips per hour during the AM peak hour of 7:00 to 8:00 AM and 72 trips per hour during the PM peak hour of 4:00 to 5:00 PM. It is anticipated that the conversion of the gasoline service station and convenience store to a 7-Eleven convenience store will generate additional trips during both the AM and PM peak hours due to the increase in the size of the convenience store by the removal of the services bays and the expansion of the existing building. The additional trips generated by the proposed conversion can be determined utilizing the standard calculations complied by the Institute of Transportation Engineers contained in its 7th Edition of Trip Generation 2003. The trip generation for the proposed action is contained in Table 2 - Proposed Trip Generation and was determined by using Land Use 851: "Convenience Market Open 24 Hours" for the proposed 2,700 square foot 7-Eleven. Table 2 - Proposed Trip Generation ITE CALCULATED GENERATED TRAFFIC DEVELOPEMNT WEEKDAY AM PEAK HOUR WEEKDAY PM PEAK HOUR 7:00 TO 8:00 AM 4:00 TO 5:00 AM ENTER EXIT ENTER EXIT 7-Eleven 91 91 75 69 As can be determined from the data contained in Table 2 above, the Eleven will generate a total of 182 trips per hour during the AM peak hour AM and 144 trips per hour during the PM peak hour of 4:00 to 5:00 PM. RECEIVED paEa 7- 8 zoos )f7:00 to 8:00 ZONING BOARD OF APPEALS Therefore, the proposed 7-Eleven will generate 124 additional trips per hour during the AM peak hour of 7:00 to 8:00 AM and 72 trips per hour during the PM peak hour of 4:00 to 5:00 PM. However, it should be noted that based on pervious studies, convenience stores normally serve motorists that are passing by on their way to their primary destination. Therefore, the 7-Eleven should not generate a significant.number of new trips because the majority of the costumer base is already on the adjacent roadway network. In order to determine the affect of the additional traffic on the capacity of the surrounding roadways, we have assumed that 50% of the additional trips generated by the proposed 7-eleven will be new trips and not pass through trips. Based on this assumption, the proposed 7-Eleven will generate 62 additional trips per hour during the AM peak hour of 7:00 to 8:00 AM and 36 trips per hour during the PM peak hour of 4:00 to 5:00 PM. In addition, based on the data contained in the above-mentioned Dunn Engineering Associates, P. C.'s report, 51% of the traffic on Main Road proceeds in the westbound direction, 43% of the traffic on Main Road proceeds in the eastbound direction, 2% of the traffic on Factory Avenue proceeds in the northbound direction, and 4% of the traffic on Factory Avenue proceeds in the southbound direction during the AM peak hour. Based on these figures, we have developed the roadway capacity analysis contained in Table 3 - Roadway Capacity Analysis AM Peak Hours. Table 3 - Roadway Capacity Analysis AM Peak Hours. DIRECTION EXSITING PROPOSED TOTAL TRIPS CAPACITY TRIPS TRIPS MAIN ROAD 843 32 875 872 MAIN ROAD 716 29 745 1174 EB FACTORY 39 2 41 158 AVENUE NB FACTORY 64 3 67 188 AVENUE SB Further, based on the analysis present above, we calculated the roadway capacity for the 36 trips per hour during the PM peak hour of 4:00 to 5:00 PM. Once again, based on the data contained in the above-mentioned Dunn Engineering Associates, P. C.'s report, 41% of the traffic on Main Road proceeds in the westbound direction, 49% of the 2 RECEIV ED we have developed the roadway capacity analysis contained in Table 4 - Roadway Capacity Analysis PM Peak Hours. Table 4 - Roadwav CapaciO/Analysis PM Peak Hours. DIRECTION EXSITING PROPOSED TOTAL TRIPS CAPACILITY TRIPS TRIPS MAIN ROAD 898 15 913 895 MAIN ROAD 1059 18 1077 1153 EB FACTORY 63 1 62 158 AVENUE NB FACTORY 154 2 156 204 AVENUE SB Therefore, based upon our review of the data contained in Tables 3 and 4 above, the additional traffic generated by the proposed 7-Eleven has an affect on the capacity of Main Road in the westbound direction during both the AM and PM peak hours. The westbound lanes of Main Road are at capacity during the AM peak hours and at 1.02% of capacity during the PM peak hours. However, we do not believe that the proposed 7- Eleven will adversely affect the capacity of Main Road because the data contained in Tables 3 and 4 did not account for turning movements within the intersection, which should reduca the traffic on Main Road to below its capacity. In addition, in all probability, the amount of pass through traffic will higher then the 50% factor assigned in the above analysis, which will further reduce the added trips along Main Road. Therefore, the proposed 7-Eleven should not be adversely effect the traffic in the surrounding area. PART 2 - PROJECT IMPACTS AND THEIR MAGNITUD Reaponst blllty of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses reasonable? The reviewer is not expected to be an expert environmental analyst. RECEIVED SEP 8 ~oo8 The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresh•ids may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidai~ce. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yea to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any la~ge impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potantialiy large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. [] [] r71¥- i-i.o [] [] OYes r'lNo [] [] OYes [] [] Elves ~.o [] [] •Yea ~.o [] [] •NO Page 11 of 21 Construction or expansion of a santary landfill. Construction in a designated floodway. Other impacts: VVill there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) Specific land forms: 1 Small to Moderate Impact [] [] [] 2RECEIVI~D 3tentia~ [~ p C~.rt~PtbyBe Large ~ ~ ' m pa~ ~roje~ Change ZONING BOARD OF APP~ ~ ~Y. D OY~ ~No [] [] ['~=J Yes []No I Impact on Water Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) DNO []YES Examplse that would apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated fl'eshwater or tidal wetland. Other impacts: Will Proposed Action affect any non-protected existing or new body of water? [].o []~s Examples that would apply to column 2 A 10 ~ increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: [] [] DYes 0.o [] [] []Yes •No [] [] [] [] [] [] ]Yes •No DYes ~.o •.o I [] [] DYes [] [] DYes ONe [] [] DYes •No Page 12 of 21 Will Proposed Action affect surface or groundwater quality or quantity? [].o I--I~s ~amplse that would apply to column 2 Proposed Action will require a disoharge permit. Proposed Action requires use of a source of water that does not have approval to'serve proposed (project) action. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system~ Proposed Action will adversely affect groundwater, Liquid effluent will be conveyed offthe site to facilities which presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions, Proposed Action*will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services. Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 1 Small to Moderate Impact [] [] [] [] [] [] [] [] rq Pc:ential SEP ca~ ~n~Ba I arge ~ r, Mitigata~'by [ tp act"J;:~.o'~.[ ~ raj e ct ChangeI [] OYes ~.o Page 13 of 21 W~II Proposed Action alter drainage flow or patterns, or surface water runoff? Examples that would apply to column 2 Proposed Action would change flood water flows Proposed Action may cause substantial erosion. Proposed Action is incompatible with existing drainage patterns. Proposed Action will allow development in a designated floodway, Other impacts: IMPACT ON AIR Will Proposed A~on affect air quality? D.O O~s Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action. will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: I IMPACT ON PLANTS AND ANIMALS Will Proposed Action.affect any threatened or endangered species? O.o D~s Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. 1 Small to Moderate Impact RECEIVEO ', 3 Pote lfial SER::an Lal ge~ ,~ Mitigated by I~,p Im a~'~ roject Change .~ONING BOARD OF APPEALS [] [] [] [] [] []Yes []No [] []Yes [].o [] []Yes ~lNo [] Or. [].o [] DYes []--1.o [] [] DYes []No [] [] OYes []No n [] DYes ~.o r~ [] NYes []No [] [] []Yes [].o ~ [] Oyes [].o N [] []Yes []No Page 14 of 21 The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runo~. Other impacts: 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual FAF Addendum in Section 617.20, Appendix B.) D.o r-lYes ~mplse thst would apply to column 2 Prepos~l land uses, or project components obviocaly differant from or in shar~ oontreat to current surrounding land use pattems, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project comPonents that wilt result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: . 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for amhaeological sites on the NYS Site InventOry. 1 Small to Moderate Impact [] [] [] [] [] [] [] [] [] •Ye~ D"o [] OYes ON• [] OYes ON• Ow, DNo I [] Dyes D.o [] D~se D.o [] DYes ON• Page 16 of 21 Other impacts: IMPACT ON OPEN SPACE AND RECREAllON 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would'apply to column 2 The permanent forec{osure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRmCAL ENV~ONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? D,o I"l~s List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the Proposed Action will result in a reduction in the quality of the resource? Proposed Action will impact the use, function or enjoyment of the resource? Other impacts: 1 2 Small to Potent Moderate Large Impact Impa! RECEIVED SEP ~ 2oo8 ' an Impact Be r-]Yes •No [] [] DYes •No [] [] DYes [] []Ye. r'l,o [] [] DYes !'%o [] [] I--I~e. n,o Page 17 of 21 IMPACT ON I~PORI'ATION 1 Small to Moderate Impact RECEIVED Pote~i~ , 3 Large /#7.J.q Mitigated b Impa~ ~ 15. Will there be an effect to existing transportation systems? D"° DYEs Examplse that would apply to column 2 Alteration of present patterns of movement of people and/or goods.. Proposed Action will result in major traffic problems, Other impacts: If~ACT ON ENERGY D D D D D D DYes D No DYes D No DYes DNo 16. Will Proposed Action affect the community's sources of fuel or energy supply? OEO DYES Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or suppJy system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: D D D D D D DYes r'~No DYes D.c DYes D No 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? DNO DYEs Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. Other impacts: D D D D D D [] D D D Dyes DNo DYes DNo DYes DNo Dyes DNo DYes D.o Page 18 of 21 IMPACT ON PUBMG HEALTH 18. Will Proposed Action affect public health and safety? [].o []~s Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Actior~ may result in the burial of "hazardous wastes' in any ferm (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROW'I~ AND CHARACTER OF COMMUNITY OR NEIGHBORHOOO 19. Will Proposed Action affect the character of the existing community? Examples that would apply to column 2 The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. Proposed Action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and tim, etc.) 1 Small to Moderate Impact Potential ~, Can Impact Be Lar~le' '~ E KMitig~te~8 Imp~act . L prOject Change ! BOA/ID OF APPEALe I [] [] •Yse [] [] DY- D.o [] [] •Yse ~.o [] [] •Yse ~.o [] [] OYes ON• [] [] Dyes ~.o [] [] DYes 12).o [] [] DY- I-I.o [] [] Oyes 0.o [] [] []Yes •No [] [] •Vas D"o Page 19 of 21 Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? D.o E] s 1 Small to Moderate Impact If Any Action In Pa~t 2 Is Identified aa a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Pa~ 3 Page 20 of 21 RECEIVED SEP ~ Part 3 - EVALUATION OF THE IMPORTANCE OF IMPA( ~'{~ING BOARD OF APPEALS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. IrItruction; (if you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Bdefiy descdbe the impact. 2. Describe (if ~pplicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring ! The duration of the impact I Its irrevereibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact I Its potential divergence from local needs and goals I Whether known objections to the project relate to this impact. Page 21 of 21 Ao Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS RECEIVED -~ONtNG ~OAR~ OF APPEALS Ali applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-142-1-27 AGENT: Patricia C. Moore Esq., 51020 Main Road, Soutold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. X Building Dept. [] Board of Trustees [] Zoning Board of Appeals X (exempt-area variance)_ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Soulhold LWRP Consistency Assessment Form 1 Location of action: 9945 Rt.25, Mattituck Site acreage: 24,829 sq.fl. Nature and extent of action: existinR Ras station with three ~araRe bays, gas canoov and accessory conveninence store replaced with one retail use (7-11 convenience store} site plan and variance to add 25' x 30' to existing building requires variance to maintain existing rear yard setback and exceeds 60' linear rule R£CEIYED SEP 8 2008 !ONING BOARD OF APPEALS Present ]a~d use: existing gas station with three garage hays, gas canopy and accessory conveninence store replaced with one retail use (7-]] convenience store) Present zoning classification: Business If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Gnma Deer Park, Inc (b) Mailing address: c/o GAZ Realty_, Inc., 366 North Broadway, Suite 206 Jericho, NY 11753 (c) Telephone number: (516 } 513-0155 Ext 333 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ Town of Southold LWP-J' Consistency Assessment Fom~ 2 DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold tha community character, preserves open space, makes efficient use of infrastr~ beneficial use ora coastal location, and minimizes adverse effects of devel0 Section III - Policies; Page 2for evaluation criteria. RECEIVED SEP 8 2008 enhances cture, makes~fl; [ ¢I ~ Yes X No [] Not Applicable Discussion (if appropriate): Existing building uses will be reduced to one conforming retail busiess use. Existing property is fully developed and proposed addition is required because the existing garage structure has no storage space (on slab) Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No v1 Not Applicable X Discussion (if appropriate): Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section 111 - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): the gas station with canopy will be eliminated and a single use retail business is proposed NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section 1II - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes x No [] Not Applicable [] Discussion (if appropriate): gas station is eliminated- hazardous materials will no longer be sold from this site Town of Southold LWRP Consistency Assessment Form 3 Policy 6. Protect and restore the quality and function of the Town of including Significant Coastal Fish and Wildlife Habitats and wetlands. Se, Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): since a potentially hazardous material be eliminated, risk to wildlife is eliminated ~ LWRP Section III- SEP 8 2008 ZONING BOARD OF APPEALS ~ite (gas station) will Policy 7. Protect and improve air quality in the Town of Southold See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): gas station repplaced with a retail use (7-11) Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): other retail uses proposed 7-11 does not create grater solid waste then PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See L WRP Section III - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 4 Policy 11. Promote sustainable use of living marine resources in Long ~land~o~nd, the_ Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 37 through evaluation crtteria: [ZONIN~I nO,~lO O~: Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 12. Protect agricultural lands in the Town of Southolc~ See L WRP Section lll - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not AppLicable [] Discussion (if appropriate): Gas station supplies use of energy and mineral resources, retail has no impact on energy or mineral resources. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 CERTIFICATE OF OCCUPANCY No: Z-25493 Date: 01/17/98 THIS CERTIFIES that the building CANOPY (ROUSE NO.) (STREET) (HA~L~T) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. N-377937 02/14/96 PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 N~ BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UN~L FULL COMPLE11ON OF THE WORK AUTHORIZED) D~to ..~ .............................................. ~.... 22?33 Z CountyTaxMapNo. 1000 Section ,._.../...~.,... Block ........ ,~ .............. !.otNo, ..,..~...~. ........... pursuanl to appllcallo~ dated...~'..~.~ ....................................... 19~and approved bythe Rev. 6/30/80 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 Yo~k 11971 Fax (516) 765-1823 Telephone (516) 765-/809 DECISION RENDERED: January. 4, 1995 APPL. #4290. APPLICANT: Warax Terminal Co~p. LOCATION OF PROPEBTY: 9945 Main Road, Mattituck, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 142, BLOCK l, LOT 27.._~. BASIS OF APPEAL: Notice of Disapproval issued by the B.ildi~ Inspector 11/2/94. "Accessory structuro(s) shah ha located in · equlred r~r yard." PROVISIONS APPEALED FROM: Article X, Section 100-I01C(I). RELIEF REQUESTED: Canopy structure over existing ~asoline pumps which a~e Iooated in the front yaPd am~a and more particularly show~ on D~awing 9427-LD dated 9/22/94 p~et~ed by W. Wade, P.E. and Kouis DeRoude of Petroleum Associates. MOTION MADE BY: Roi)err A. Vliis SECONDED BY: James Di~izio, Jr. ACTION/RESOLUTION ADOPTED: Approved location of accessory canopy struetur~ as shown on 9/22/94 drawing, provided: (1) peak of Kroatest lighting be limited to periods dut~ regular, business bourn when open to the publle; (2) setback no less thau ]I'5" to the property Line as appHed; (3) subject to other applicable fire and safety t~quir~ments as determined by the Baliding ll~apeetor. Cauopy stl. ueture shall be surface-mounted as deemed appropriate by the BuUding Inspector. REASONS/FINDINGS: Gasoline pumps and islands ere existing. Canopy is an open, ~oof-type structure rather than a ruby enclosed straeturo; the canopy does not cause obstructions for egress or ingress within the parcel. Placement of a ~anopy structure is not a~ expansion of use and does not create additional ]~trkln~ under code ~e~uistiol~s. Property x~eived Special Exception approval on De~ember ]2, 1968 by the Board of Appeals under Appl. No. 1225. (The sale of vehicles is prohibited and is not a request under this applicatiou.) The property two front yards and virtually has no rear yard under the definitions and setbacks of the Southold Town Zoning Code. VOTE OF TIlE BOARD: Ayes: Ser~e J. Doyen, Member James Dinizio, Jr., Meml~r Robert A. Villa, Metal)er Riehar~l A. WBton, Member Ge~a~cl p. Goehrin~er, Chairmau-Meml)e~. This resolution was duly dopted. .~-~'~ ~ ~-~ .~'~ ~ACTBR¥ Avr £LEV*T~ ~.~. TOWN OF SOUTHOLD ! BUILDING DEPARTMENT Tewn Clerk's Office Southold, N. Y. Certificate Of Occupancy No. ~9~ ...... Date .......... A~lg~St · .28.., ig ~ THIS CERTIFIES that the building located at ll~. 115 .& F~ot~ AV ... S~eet Map No..~ ........ Block No...~ ...... Lot No. ~ .... ~..~,~, ...... confor~ su~ti~ly to the Application for Build~g Per~t heretofore fil~ ~ ~is office dated .......... ~....~.. , 19.~ p~suant ~ w~ch B~l~g Pe~it No..~.l~. dated ....... ~ ..... ~ .... , 19~, was ~sued, ~d co~orms to all of ~e requ~ merits of the applicable prov~ions of ~e ~w. The occup~cy for w~ch ~ certificate ~ issu~ is .... ~sa ~..~e. ~0~ .~. ~P~ ~:~ The certifica~ is issu~ to . ~. 0~ .~ .......... ~. ........................ (o~er, lessee or ten,t) of the ~ores~d b~d~g. Suffo~ County Department of Health Approval A~ .28. -$~ · .~. R, .~ ....... S~e ~ ~ f~/'/~ .',~-~...~f Bu~d~g InspeCt' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE 5OUTHOLD, N. Y. BUILDING PERMIT tTHIS PERNtlT MUST BE KEPT ON THE PRF. N~ISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? Z Dote ......................... ~ ..........~[~. ......... 19,.~, Permissicn is hereby granted to: ~ ll't 110 .............. ~pm~.-~..~..~.;&~e~.~ ......................................................................... premises I~oted at ............ ~Q.~..A~..&.~.,~..~.) ........................................ ........................................... ~.~ ~-t~m~-..-....I,~ v ............................................................................ pursua~ to ~plication ~ed ............................. ~ ..........I,~ ......... , 19...~. a~ approv~ ~ the Fee $..1.0..J~0 ........... Tele~ ($1~) 7~-1809 ~=u~As~ .~he 'nO~n ma~a ~e ~ollmrJ~g ~/~g~ o~ RECEIVED S. EP ~ ~OOB ZONING BOARD OF APPEARS Page 2 - Appl. No.~!88 Matter of SUN i~EFINING & MAI~KETING 'D~cisio~ Rer~er~cl Januar~ 11, 1991 13-1318 (R~v. 11) as updated October 29, 1990, prepared by sun Refining & 'Marketing Cc~any. 3. ~y this applic&~n, ~he ~ppellant requests variances; (al to convert the ~ pr~cipal buil~ fr~ ~les ~ ~icle/engi~ repots ~o g~oline ~al~ ~d aco~so~ oonv~e~e ~tore ~or ~e on-pr~s~s .s~les of ~ckag~ fo~ ~d n~ it~, wi~u='on~r~s se~ices, ~ci~ntal ~o ~'in o~nJ~c~ion ~ ~e ~sOl~ ~ice s~ti~ ~e, ~: (bi for ~al of ~ l~a~on ~ a new 30 ft. ~ 103 ft. o~ ~r ~w g~ol~ p~S/~s~ ~ i~ closest s~t-~ at 29 fee~ ~r~. ~s~rlF ~ro~ 1~ ~ong F~ A~ ~ at 29 feet. ~ sou~erly .prO~ l~e a~ong ~ ~ ~, ~. Sh~ 'on ~aw~g ~-1318-M (Rev. 2) ~t~ S~ :14, 1988 r~i~ ~y ~, 1990)~, at a: ~gh~ at no~.~re ~ 18 ~eet ~e · 4. For the record~ it is noted that under previous Aotlon of ~ Board --~er ApD1. No. 1225 rendered. JanuarY 2, 1969, a Special Exception was granted for a gasoline service and indoor repsir station.. 5. ~n considering th~s applio&t~°n, it. is the understanding of the BosrdMembers ~hat the it~"~ ko be sold w~uld ~nclu~e ~mall variety store i=~ ~ch as packaged ~ canned foo~s, magazines, refrigerated items, miorowaved items, and .~he like; '6. The following iQfor~ation.£s also noted for the record; (a) ~he pr~ses ha~ continuously for ~e ~st 22 y~s ~en ~ ~ ~ off&~ for s~es of g~ol~ ~nciden~al merc~e, wi~ ~1 ~g~e/ve~ole repairs wi~n the enclo~ ~ee ~y ~e~ of ~e pr~l ~l~ng, ~d gasoli~ ~al~s at t~ aco~so~ ~d inc~d~l to ~ g~o~e-~oe s~ti~ ~ not as a. ;~arate ~ncipal u~e or business (c) ~e e~sting vehicle' li~ts and (=~) bay ~tore without prior a~roval of ~e ~o=~ of A~s ~ s~nt Page 3 - Appl..No. 8 Matter of SUN. REFIRING & M~K~TING Decision Rendered Ja~uar~ 11, 1991 R E- IV ED '- SEP 8 :ifiOB Z~ON[N_~G BOARD OF APPEALS (e). also note~ is ~h~ interpre~a~Ion of ~ bo~, ~ ~e~est~.~ ~e a~t, ~ e~t ~e s~]eut c~ st~e Is ~ auo~sso~.st~e, 1~ to ~e 18-ft. ~ height 7. In considering ~s a~ca~on, ~e ~ ~so fi~. and deters: · ' (a) the subJeot ~areel is surrounded b~ other Properties to the north, we~t, eas~, and south of the ~ain zoad whi?h, are al..so loc&t~d ~ t~e~ as r~gulated by the General Business "B" Zone District; (b). the .variance, as conditionally noted below, .i~ the minimum necessarY to. aE~ord relief; (o) · the accessor~ t~e as authorized will not alter the essential character of the neighborhood;' (d) the diffic~lt~eS are' unique, axe not due to the general conditions of the' neighborhood, m~d are not persoual in. {e) there is no other feasible metho~ for appellant~ to pursue other than a vartax~e;. -(f) the relief u conditiona~lF granted will not Prevent the ord~rl~ and r~asonable .use o~ this d/strict or of (g} the safety, health, welfare, .~fort, convenience and order o~ the Town will not be adversely &f~ected by .the proposed..bu~iness use ~ i~S l~ation;. (h) 'in l~ght of all of the above, the interests of justice will .be' served by grafting the 'variances requited a~d ~s concl~t~onally notod below. Accordingly, on motion by Mr. Goehringer, seoonde~ by Mr. Dinizio, it was RESOLVED, to GRANT the relief r~quested for permission to c~nvert the existing pr£nc~pal building ~Or sales o~ gasoline related items~ together with an aoces~ory ¢onvenlenoe store, 2. No food prepa~&tioa (must l~ pra-p~ed - alae 30 ~t. ~ 103 ft., 29 ieet fr~ ~ ~s~ly~.~ · (along Facto~ A~) ~ 29 fee~ ir~ line (alo~ ~e S~te E~), pr~i~ V~e"uf the ~d~ A~= ~a~a.. resolu~ W~ ~uly ~t~. C-El SEP ~ ZONING BOARD OF APPEALSj . BOA~'OF. APPEAL.S .' .TOWN OF $OUTHOLD" RECEJ.VE~ RECEIVED SIP ~ /oo~ ZONING BOARD OF APPEALS Appellant .................... of the Zor~,~ Ordinance. a~l the decision of the Bulldlr~ Inspector ( ) be reversed ( ) be ~iAdlzl, ~o, 504 I/l~t ~hltmmn RGId, Runt~J~gtm~ 8tlt~, ~ ~k, Cm. ~at~ of ~.r~, ~ mt ~ of ~Am (wotdd not) FORM ZS4 ZONING .,BOA,RD OF /~PPEAL~ located At a meeting on April 3, 1969, a motion was made and carried to correct error in item % 2 (above). It should read as follows: devices 2. Pumps, lubricating, and other ~ shall be ~J~nYw~at least 15 feet from the line of any st~ee~r highway, right-of-way or property line. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined _ [ ^pproved. ")c/2 Disapproved c Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: ~, ~ Phone: ,APPLICATION FOR BUILDING PERMIT ~ " Date y' ? ,2000° ~, I INSTRUCTIONS a. This app cat on MUST be co~mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 I sets ofp ans, accurate plot plan to s~¢a]~e-. Fee accord ng to schedu e. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The ~PutPhlio;~zn;c~ ig~;Se2tOo;sO on-nPlpYre~,~tihse~lla~l~Cbaubll~tlna~,orOrnd~cneasnsCa;, ibn;~}I~igonCs~de, hol. s~.in.}_?.d__e~.~)regulations, and to admit ~"~nature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises If applicant is a corporation, signature of duly authorized officer · (/(s on the tax roll or latest deed) (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of la, nd o.,p which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section l~ff~ Block 0 / Subdivision Filed Map No. Lot ~7 Lot 2. State existing use and occupancy of premises and intend,ed use and occupan, cy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition X 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition ,)o Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~'~- / Rear 11~:~r7 Height ~:~- ~' Number of Stories / Dimensions of same structure with alterations or additions: Front ~ Depth (~. Height_ Number of Stories .Depth ~0- / Rear ~- 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front /~$' Rear / fy' 6e Rear Depth Depth /c/d) -3 c/ 10. Date of Purchase Name of Former Owner I I. Zone or use district in which premises are situated /~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO X 13. Will lot be re-graded? YES__ NO ~, Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor ~ ~ ' (/' Address Phone No. Address /~V'O Jot~,'~.~ ,//ta.4Phone No~ ff,:~J" 77'2 Address C~Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO / 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at i0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO X STATE OF NEW YORK) SS: COUNTY OF~ F~ ("' f'~Yt~-g- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~.~ ~' (Co~'ctor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this tary Pubic ' ~ture of Applicant VL .......... SUt3. -TOTAL FARM.. CB, MICS. Mkt' V~lue ' AGE N~V V~'ood~and BUILDING CONDITION NORmaL BELOW Value Per Acre ABOVE Value ·COLOR ~-ter~ion Extension Extension Parch Breezeway Garage Patio O.B. Total Feundatien 'Walls Fire Pl~ce Type Roof · l. Fleors .......... Heat '-- Re, ores T~t' FJc~' Recreation Room Dormer ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 11, 2008 Zoning Appeal No. 6219 Transmitted herewith is Zoning Appeals No. 6219 of GAMA Properties- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Letter from Patricia Moore Asking to Withdraw Previous Application for Accessory Car Wash & Submit Enclosed Application, Notice of Disapproval from Building Department Amended September 4, 2008, Full Environmental Assessment Form, LWRP Consistency Assessment Form, Letter from Vollmuth & Brush Planning, Environmental Engineering & Land Surveying Showing Offset of Building Dated August 30, 2008, Authorization Letter from Gamma Properties-Deer Park, Inc. to Patricia C. Moore and Vivian Kamath, DSC Construction Corp. to Represent them in this Matter, Action of the Board of Appeals in the Matter of Sun Refining & Marketing Dated January 11, 1991 (4 Pages), Board of Appeals in the Matter of Warex Terminal Corp. Dated January 4, 1995 (4 Pages), Copy of Property Record Card (2 Pages), 3 Pages of Site Plans Showing Elevations and Proposed Construction Prepared by Kempey Engineering Dated 8/21/08. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/10/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6219 GAMA Deer Park Inc. 1021 $400.00 ;EP 1 0 2008 -.--- ~,,u ,u~Yn C. ierk $4OO.OO By__ Thank'¢ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/10/08 * * * RECEIPT * * * Receipt'8: 28704 Transaction(s): 1 1 Application Fees Reference Subtotal 6219 $400.00 Check Total Paid: $400.00 Name: Gama, Properties Deer Park Inc Clerk ID: CAROLH Internal ID: 6219 JERILYN B. WOODHOUSE Chair ~{ENNETH L. EDWARDS ~' MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOVCN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Jerilyn B. Woodhouse, Chair ~ Members of the Planning Board Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeats Date: January 2, 2009 Seven Eleven Store SCTM#1000-142-1-27 ZBA# 6219 Re: JAN - 6 2009 The Planning Board has reviewed the information prepared by the project sponsor for above property and has made a determination under the State Environmental Quality Review Act. Section 617.5 Type II Actions list actions that are not subject to review since they have been determined not to have a significant impact on the environment. The proposed project would fall under section ( C ) 7 of this part "Construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities". Therefore based on above, no further review is required under SEQR at this time. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. · .~' PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE [-L tt C Ch~i~ MARTIN H. SIDOR GEORGE D. SOLOMON ,JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehhnger, ZBA Chairman Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chair 2~'d Members of the Planning Board MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (col Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Date: October 21, 2008 Re: Seven Eleven Store SCTM#1000-142-1-27 ZBA# 6219 The Planning Board received your request for comments regarding the above referenced application for variances for a retail (convenience) store, zoned Businesses District and located on the n/e comer of Main Road and Factory Avenue, Mattituck. The subject parcel is approximately 25,000 sf. and has an existing 1,950 sq. foot building on site. The proposal is to add a 750 sq. foot addition to the existing building resulting in a 2,700 sq. ft. building. The application has been reviewed for site development and the following comments are for the Zoning Board's consideration. Setbacks for proposed buildings: Section 280-50c "A project shall be divided into separate structures so that no single structure shall have no more than 60 linear feet of frontage on one street". Section280-49 Bulk Schedule for setbacks "The Bulk Schedule allows a minimum single side yard setback of 25 feet, and a minimum rear yard setback of 35 feet. Following the proposed construction, existing rear yard setback of 21.8 feet will remain, and the side yard setback will be reduced to 24.2 feet". The Planning Board would support an addition to the existing building but would recommend that they comply with the side yard setback of 25 feet for the following reasons: ZBA # 6219, Seven Eleven Store Although the side yard request is minor and the rear yard currently exists, the use can be achieved by having a smaller addition. An addition of 750 sf. to the existing building triggers three variances. Any hardship claimed in requesting the variances is self-created, and a building that does not need variances can likely be achieved by making the addition smaller to meet the side yard setback. This site is already located in front of a preexisting larger strip mall. Therefore, the request in excess of the 60 linear feet along State Road 25 would not create any additional impact to the view shed of the Main Road. This is an existing site having a building with a substandard rear yard. The proposed addition will be maintaining the existing rear yard setback of 21.8 feet. Although, the applicant is extending the addition to the east an additional 25 feet there will be no adverse impact to adjacent parcels. The site is surrounded on the north and east by a parking lot and the building with substantial landscaping will help screen this area from the Main Road. Summary: As always, precedent is a concern but taking into consideration that this is a previously developed site, is located in front of the Waldbaums shopping center, has no impact to any view shed, will screen adjacent parking areas and will be reviewed by the Architectural Review Committee, the Planning Board would support an addition. However, an addition that meets the side yard setback of 25 feet is recommended. The applicant can easily comply with the side yard and only have two variance requests and would not require substantial relief from the Zoning Board. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. 2008-11-25 14:06 N R BRASHI( /_ ,~y~ SOUTtIOLD TI~ANSI'ORTATION COMMISSI()N TO: G~rard P. Ooehringer, Chairman Zoning Board of Appeal 6317346235 >> 6317659064 'iowa H~II P. 0.8o~ 1119 53095 M~in Road gl~uthokl, FlY I J,971~)959 I ~(~1) 7~-19~ P 1/1 FROM: DATE: RE: Kristy Winser, Senior Plauner Pi..,.iug Board Offi~ Neboysha R Brashich, Chah'mm November 25, 2008 Oama PrOl:~lies (7-11 Ston0, M~.-_ituck ZBA Variance #6219 SCTM #: 1000q42-1-27 NOV 2 5 2008 This memorandum is in reference to two requests: ZBA rn~mo da~.,d Novcmb~r 21 and PB nmno dated November 6. This si~e was ~wi~wd three dm~ ia 2006/2007 under a different proposal - W~'ex Project - SCTM #: 1000-142-1-27. Subject current si%ole use proposal was reviewed by the Co~mimsion at it~ November 24 meeting per your requests. The Commi~{ion ap~{ this revised proposal with three provisos: · That th~ comer radius ( State RI~ 25 and Factory Avenue) be r~lesisned to the requirements and standards of the previous submission subject to NYSDOT · That no porkin~ b~ p~ii~x[ on State Rt~ 25 and Factory Av~u~ f~oBting this prop~y; and, · That lan~ing costs bo borne by the applicant as previously agreed. As you ar~ aware, Statc Route 25 is a desi~na~d NYS scenic byway. Wc r~quest, in addition, that the proposod scmic qualily of the site be mainmimd via appropriale plantings and that the proposed building ia aa archluxaurally pleasing as possible. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: FROM: DATE: SUBJECT: Town Transportation Committee Attn: Neboysha Brashich Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals November 21, 2008 ZBA Variance # 6219 - Gama Properties (7-11 Store) The Zoning Board of Appeals is processing the above area variance application concerning alterations and an addition to the existing commercial building located at the corner of the Main Road (NYS Route 25) and Factory Avenue, Mattituck. The existing gasoline with convenience store is proposed to be expanded into a retail store (convenience store without sales of gasoline). A copy of the Legal Notice describing the basis of the variance application and the time and place of the public hearing advertised is attached for your reference, together with a copy of the application and proposed map (reviews also currently under site plan review by the Planning Board as the Town's Lead Agency under SEQRA). Your review and comments are requested. Thank you. Ends. cc: Planning Board ~O~ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: []URGENT FO~RYOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] .............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIV~..7 September 22, 2008 -RECEIVED SEP 2 9 ZONING BOARD OF APP,:ALS, THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Soutbold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as tbcre appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Jacobs & Gates /6206 Larocca ~'6208 ~./ Pezzbm .~'~210 Terzis _/6212 Marron ,4.6216 Friemarm ~ 6217 Geitz ¢/6218 Gama Deer Park htc. v"'6219 Franeker lnvest~nents, Inc. /. 6220 Kaplan ,Z '/6221 Kdis 5A2 Messina ~23 Romanelli Realty v ~224-V Very truly yours, Thomas Isles, AICP Director of Plarmhlg TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P, O, BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 #9111 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 27th dayof November, 2008. Sworn to before me this / day of /~' 2008 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4,~08 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- saant to Section 267 of the Town La'n and Town Code Chapter 280 (Zoning), Town of Southold, the following public bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at th~ Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on ~ 9:30 A.M. LEONARD and RANDEE DADDONA # 6225. Request for a Vari- ance under Section 280-15, based on the Building ~nspectof's September 9, 2008 Notice of Disapproval concerning pro- posed swimming pool construction in 9 yard other than a rear yard (the property has two front yards and two side yards). Location of Proper~y: 1380 Calves Neck Road, Southold; CTM 1000-63-7-25. 9:40 A.M. VICKY GERMAISE #6226. Request for a Variance under Section 280L124, based on the Building Inspector's September 5, 2008 Notice of Disapproval concerning a proposed ad- dition which vYill be less than the code- required minimum of 50 feet for the rear yard setback, at 345 Bunny Lane, New Suffolk; CTM 1000-117-6-20,1. 9:50 A.M. LLOYD KAPLAN g6221'. Request for Variances under Sections 280-15C and 280-124, based on the Building Inspector's amended Septem- ber 2, 2008 Notice of Disapproval con- cerinng an accessory swimming p0ol proposed with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on this buildable area of 14,679 square feet adjacent to the Long Island Sound. Location of Property: 105 Soundview Avenue, Southold; CFM 1000-50-2-3. 10:05 A.M. FRANEKER INVEST- MENTS, 1NC. g6220. Request for a Vari- ance under Sectiorr 280-15, based on the Building Inspector's September 4, 2008 Notice of Disapproval concerning a proposed new acce. ssory structure (after demolition of an accessory building) in a location other than the code-required front yard or rear yard. Location of . Property: Fishers Island Sound, Private Road off East End Road, bounded on the west by Henkel and on the east by '~baterman Inv. Co., Fishers Island, NY; · CTM 1000-3-1-3.3. 10-20 A~M. WILLIAM F. KRLIS ~622Z Request for a Variance under Sections 280-122A and 280-1244, based on the Building Inspector's August 5, 2008 Notice of Disapproval concerning proposed additions and alterations to an existing seasonal dwelling for conver- Sion to a yaar-round residence, wbicb. new construction wilt increase the lot coverage in excess of the code-limitation (moximum) of 20 percent. Location of Property: 100 Fay Court, Mattituck; CTM 1000-123-5-12. 10:35 A.M. HOPE SCHEIDER g6215. Request for Variances under Sec- tions 280~116, 280-122A, 280-124, based on the Building Inspector's July Il, 2008 Notice of Disapproval concerning a pro- posed new dwelling, after demolition of the existing building. The reasbns stated for disapproving the building permit ap- plicatinn are that the new constmctinh: (1) will be an increase in the degree of nonconformity with regard to the rear yard at less than 35 feet, (2) will be an increase in the degree of nonconformity with regard to a sIngle side yard at less than i0 feet and with regard to total side yards at less than 25 feet combined, on this 4,914 square foot bilildabie area; and (3) in add t on the proposed c~nstrUction is less than the code-required minimum of 75 feet from the bulkhead and the lot coverage will exceed the code limitation (maximum) of 20%. Location of Proper- GEITZ #6218. Requeat for a Vafia~e under Section 280-116A(2), baaed on the Build'ting lnsl~ctor's J~ne 10, 2008 Notice of Disapproval concerning an as-built deck as reconstructed with a set- back at less than 100 feet from the ordi- nary high-water mark of t.he Long Island Sound. at 1580 Leeton Drive, Southold; CTM 1000-58 2-5. 11:15 A.M. FRANK SCAROLA ~6227. Requests for: (1).a Special Ex- ception under Section 280-13B for con- version of~n existing building to a two- family dwelling, and (2) Variances under Sections 280-13A and 280-14, based on the Building Inspector's amended Sep- tember 10, 2008 Notice of Disapproval, stating that: (a) conversion of two acces- sory buildings for use as wine storage is a non-permitted use, and (b) that the lot size is required to be 160,000 square feet for a two-family dwelling. Zone District: Agricultural-Conservation Zone Dis trict. Location oie Property: 4850 Sound Avenue, Mattituck; CTM 1000-121 3-6. 11:45 A.M~ DEBORAH PONTINO ~6230. ReqUest for a Variance under Sections 280-122 and 280-t24, and Zon- ing Code Interpretation #5039 (Walz Application), based on the Building Inspector's August 25, 2008 Notice of Disapproval- concerning a ~ prope~il addition to the existing single-family dwelling, which will increase the degree of nonconformance with regard to the rear yard setback at less than the code- required minimum of 50 feet, at 2675 Indian Neck Lane, Peconic; CTM 1000- 86-5-13. 1:00 EM JOHN TAGIOS #6231. Re- quest for a Variance under Sections 280- 122A and 280424, based on the Build- ing Inspector's rdvised September 18, 200g Notice of Disapproval concerning a tSrop0sed new dwelling, after demoli- tion of the existing building, which new construction will create a new degree of nonconformance and will create an in- ' crease in the degree of nonconformance, with regard to the front yard setback at less than the code-required minimum of 40 feet on this parcel eontalning 21,322 square feet. Location of Property: 695 Clearvinw Avenue (a/k/a 750 Bennetts Lane), Southold; CTM 70-8-35. 1:10 EM. ROMANELLI REALq~~ INC. g6100 and 86224. Location of Property: 36660 Route 25 (Main Road), Cutcbogue; CTM 97-3-3.1 (formerly 97- 3-3). Request for a Special Exception for a contractor's yard and for Variances under Sections 280-42A and 28043A & C, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval, concerning a proposed contractor's yard and three principal buildings on this 63,338-square foot lot in a LB Limited Business Zone District. (1) pursuant to the Bulk Schedule, one use per 80,000 square feet is allowed in the Limited Business (LB) Zone, and the proposed construction (three build- ings) is not permitted on a lot contain- ing less than 240;000 square feet, for the reason that the proposed three buildings constitutes three distinct u~es; (2) proposed Building gl is not per- mitted with a linear frontage exceeding the 60 feet; (3) proposed Building #1 is not per- mtted at less than 100 feet from the right-of-way of NFS Route 25; (4) proposed Building g2 is not per- mitted at less than 75 feet from the rear property line; (5) proposed building #3 is not per- mitted at less than 20 feet from the side 280-40B(2). ~ I~asons: (1) the n~w dwelling and thc CHRISTINA VOLINSKI NO'TARY pUBLIC-STATE OF NEW YoRK No. 01NO6105050 QuOllged in SuffOlk CoufqY adjacent30 ~geat Eeconi.c,~.~y, ' a rear yard at less than 35 feet; (3) wi0 2:05~':EM. O~ i~PI~RItI:~ be greater than 60 linear feet of frontage ~e0~.~ ]Request for Vari- 'antes under Sections 28049 and 280- 50C, based on the Building Inspector!s araended September 4, 2008 Notice of Disapproval concerning proposed ad- ditions and alterations in converting an existing gas station and convenience store uses to a convenience store (retail store).'l~ae reasons stated foi~ disapprov- on one street. Location of Property: 9945 Main Road (NYS Route 25) and Factory Avenue, Mattituck; CTM 1000-142-1-27. Zone District: B-General BusIness, The B~ard of Appeals will hear a0 persons, or tfieir representatives, desir- ing to he beard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- lng the building permit application are lng. Each hearing will not star/earlier that the new construction: (1) will have a than designated above. Fries are avail- lng. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Linda. Kowalski@ Town. Southold.ny.u~ Dated: November 13,200~. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, . CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailingFUSPS) EO. Box 1179 Southold, NY 1~.971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, DECEMBER 4~ 2008: 2:05 P.M. GAMA PROPERTIES (7-11 Store) #6219. Request for Variances under Sections 280- 49 and 280-50C, based on the Building Inspector's amended September 4, 2008 Notice of Disapproval concerning proposed additions and alterations in converting an existing gas station and convenience store uses to a convenience store (retail store). The reasons stated for disapproving the building permit application are that the new construction: (1) will have a single side yard at less than the code required minimum of 25 feet; (2) will have a rear yard at less than 35 feet; (3) will be greater than 60 linear feet of frontage on one street. Location of Property: 9945 Main Road (NYS Route 26) and Factory Avenue, Mattituck; CTM 1000-142-1-27. Zone District: B-General Business. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: November 12, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 November 21, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: GAMA PROPERTIES (7-11 STORE) # 6219 SCTM: 1000-142-1-27 HEARING DATE: THURSDAY, DECEMBER 4, 2008 Dear Chairman: With reference to the above, enclosed please find Affidavit of Mailing, postal receipt and copy of letter to neighbors. Thank you. Very truly yours, Patricia C. Moore By Betsy Perkins LA bp encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of GAMA PROPERTIES (7-11 STORE) (Name of Applicant) CTM Parcel #142-1-27 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDA~VIT MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that:~ On the(~-)day of November, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surroundin~e applicant's pr~pe~rty. /./ (Signature) BETSY PERK[~/ Sworn to before me this"~c day of November, 2008 ' ' (l~'otary Public) - -UTI(OWSK] MARGARET Notary pubtic, State of New '(od( No 4982528 Ouslified in Suffolk County..~,~ Commission Expires June 3, '~-~/ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. GAMA PROPERTIES (7-11 STORE) NEIGHBOR LIST SCTM: 1000-142-1-27 MATTITUCK PLAZA LLC PO BOX 77 MATTITUCK NY 11952 SCTM: 1000-142-1-26 SCP 2005-C 21-051, LLC C/O CVS CORP. ATTN: PROPERTY TAX DEPT. STORE 3105 ONE CVS DRIVE WOONSOCKET RI 02895 SCTM: 1000-143-2-30.2 KOCH HOLDING CORP. 840 N. OAKWOPOD DRIVE LAUREL NY 11948 SCTM: 1000-122-6-9 JAMES J. KREH 1500 CHALLENGER AVE. DAVENPORT FL 33897 SCTM: 1000-122-6-10 RECEIPT 7192 6463 3110 0000 2502 · FROM: Patricm C Moore Esq RE: GAMA 7-11 ZBA HEARING r~D ~.~ i MATTITUCK PLAZA I-LC { PO BOX 77 .~ '~IAI~ITUCK NY 11952 Postage 042 Ced~ied Fee 270 Return Receipt 2 20 Restricted TOTAL $ 5.32 POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 2519 FROM: Patricia c Mo~re Esq RE: GAM^ 7 11 ZBA HEARING SEND TO: POST~RK OR DATE RECEIPT 7192 6463 3110 0000 2526 FROM: Patric~a C Mcore Esq RE: GAMA 7-11 ZBA HEARING RECEIPT 7192 6463 3110 00oD 2533 FROM: Patricia C MoOre Esq RE: GAMA 7-11 ZBA HEARING SEND TO: SEND TO: -- KOCH HOLDING CORP JAMES J KRI-H FEES: POSTMARK OR DATE POSTMARK OR DATE PATRICIA ¢. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: ([3Addressee or [3Agent) Received By: (Please Print Clearly) C. Date of Delivery (Extr.,":**) [] Yes] CERTIFIED 7192 6463 3110 0000 2526 7192 6463 3110 0000 2526 1, Article Addressed To: KOCH HOLDING CORP. 840 No OAKWOPOD DRIVE LAUREL NY 11948 7192 6463 3110 0000 2502 1. Article Addressed To: MATTITUCK PLAZA LLC PO BOX 77 MATTITUCK NY 11952 -t-- PATRICIA C. MOORE ESQ- I 51a2o M~I# ROAD I SOUTHOLD NY 11971 ~IIIA. sioll~'~ure: ~(~lAddressee or~ge~ =X City Restricted DelLvery? 13. Sen~ce Type (~x'ra/m'e., DYes I CERTIFIED Article Number 7192 6463 3110 0000 2533 7192 6463 3110 0000 2533 1. Article Addressed To: JAMES J- KREH 1500 CHALLENGER AVE- DAVENPORT FL 33897 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 ~Addressee or DAgent) By: (P~ease Print Cle~arly) Date of Delivery~'" ' 4, R,stri,ted Delivery? 13.Se~ic~ Type (ExtraFee) DYes [ CERTIFIED I 3.Artk~et~mt~r463 3110 O00O 2519 7192 6463 3110 0000 2519 Article Addressed To: SCP E005-C 21-051, LLC C/O CVS CORP- ATTN: PROPERTY TAX STORE 3105 ONE CVS DRIVE WOONSOCKET RI 02895 JJJ~.m,JlJJ.J,6J, rlJ~J.JJ..,JJ~J-J,JJ-JJ-''JJJJ~J~J ............................................. ~'~t: .......... J ~ATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 November 20, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: GAMA PROPERTIES (7-11 STORE) PROPERTY ADDRESS: 9945 MAIN ROAD & FACTORY AVENUE, SCTM: 1000-142-1-27 MATTITUCK Dear Neighbor: I represent the above with regard to their property located on the corner of Main Road & Factory Avenue in Mattituck. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for additions and alterations in converting an existing gas station and convenience store uses to a convenience store (retail store) resulting in a single side yard set back at less than the code required minimum of 25 feet, rear yard set back at less than 35 feet and greater than 60 linear feet of frontage on one street. The hearing on this matter is scheduled for THURSDAY, DECEMBER 4, 2008 AT 2:05 P.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Gama Properties Very tr~y yours, ~---P~'ricia C. Moore TC 24,83 BC 24.3 GRATE N 48'57' f0" E PROPOSED TOTAL CONVENIENCE STORE (2,700 SF) 146.00 (BLDG.) EXPANSION FL 84.79 ~:/,~ ~u.rl. / 6~.J/ CF/VF = 39.' EXISTING DRAINAGE (5) @ 10' DIA. X 8' DEEP 25.50 BC , 25,30 TOG INLET 88.80 BC 23.58 BC 83.63 23.30 S4-8'57'30~'W 198.00 BC 8851 81.01 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 December 3, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: GA~A PROPERTIES (7-11 STORE) # 6219 SCTM: 1000-142-1-27 HEARING DATE: THURSDAY, DECEMBER 4, 2008 Dear Chairman: With reference to the above, enclosed please of Posting and one green receipt card. Thank you. find Affidavit bp encls. Ve~( yours, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of GAMA PROPERTIES (7-11) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-142-1-27 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the~~' -~ay of November, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, December 4, 2008 "'P~icia C. Moore Sworn to before me this ,.~ day of I~levember, 2008 ,,,;Notary P u,,l~· m-~v ^ m.... ( ( / aamy P~Uic. st~ o~ ~w Yed~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. ~ONING BOARD OF APPEALS O MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 13, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, December 4, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 20th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any properly which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Properly Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hear nq, providinq the returned letter to us as soon as possible; AND not later than November 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your properly facing the street, no more than 10 feet from the front properly line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin,cI for receipt by us by December 2, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GAMA DEER PARK INC. #6219 MAP # 142-1-27 VARIANCE BLDG. FRONTAGE & SETBACKS REQUEST Additions/Alterations (7-11) DATE: THURS, DEC. 4, 2008, 2:05 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO TO: Planning Board FROM: Gerard P. Goehringer, ZBA Chairman DATE: September 16, 2008 SUBJECT: Request for Comments ZBA #6219 - GAMA DEER PARK INC. (SEQR pending under ZBA #5906) As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZB application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLAN~ PREPARER ZONE DATE DATE STAMPED GAMA DEER 142-1-27 6219 8/12/2008 28049 9/8/08 Kempey PARKINC. 7~29~08 280-50C Engineering Yourcomments are appreciated by October12,2008. Thank you. Encls. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 12, 2008 Mailing Address: $outhold Town Ball 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6219 Action Requested: Within 500 feet of: Owner/Applicant: GAMA DEER PARK INC. Setbacks and Building Frontage (7-Eleven) (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Page 1 of 1 Kowalski, Linda From: Kowalski, Linda Sent: Friday, January 16, 2009 2:34 PM To: 'Betsy Perkins' Subject: ZBA Agenda Item on 1/22/09: Gama ZBA # 6219 Dear Betsy, I wanted to let Pat know that the Planning Board's 1/2/09 letter stating the Type II SEQRA declaration, was received on 1/6/09 by the ZBA office and is on the 1/22/09 meeting agenda for update and possible dehberations. Thank you, Linda Kowalski ZBA Town of Southold Office Location: 54375 Main Road (NFB 1st Floor) Marling Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (ext. 5011 at voice recording) fax (631) 765-9064 1/16/2009 ~'[I File Edit View Toolbar Window Help Prints the screen CD 25' EXIST. 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