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HomeMy WebLinkAbout6463 ,8 ~0.STf},~ .Z~.C° , 3 3 33a ~1? A-/~ ST,~~% ~ G2~ir i~~o,2~ as p~ Co,utl~iE~(XE 6iO.e~/c5~~,2?iGE cc,v/~'e/ GA5 ~ lion /IJ ~~E-E,t/STi,UG ~i¢5 S"T~47!v.c~/6c,2 ?i c E ce,c~ %~Q a6'v -/02 Co,t~(lE,ul~Vc~' STv2E !]SEZ", iQcSo~~~ /U A~~,e.4~/e~ ~ ~~~PE.e / Pµ 5/~lrl ~j~-j~r {~p~-ova- ~/cs~r~i ~ J i ~~r ~ _ ~ 5 ~ / 5 C - hn ~o--L~ -rh ~ ~ Dy`"~ ~.c ~ ~ ~ oG~ 34-3-22 .'CORNER MAIN ST. & CHAMPLIN PL. Greenport, NY David Eliazar (Prop. Malcolm P.Rackett) #1320 PH: 4/2/70 Erect off-prem. directional sign - CA (Spanos,Geo. #4123 erect off-prefile~8/~9~2 per1LK)` #4143 P.H. 3/18/93) Re-instate non-conformin gasolin~a~ (now R-4l Cfl ~~nd d~,,~,wuet) d"~s zone) -e . Y ~z -93 BOARD MEMBERS ~OF SOU Southold Town Hall Leslie Kanes Weisman, Chairperson ~ ~y0 53095 Main Road • P.O. Box 1179 ~0 lp Southold, NY 1 1 97 1-0959 James Dinizio, Jr. # ~ Office Location: Gerard P. Goehringer ~ C Town Annex /First Floor, Capital One Bank George Horning ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider l~COO~ Southold, NY 11971 h[tp://southoldtown.northfork.ne[ I{~~~I~~® ZONING BOARD OF APPEALS ~l- ~ a TOWN OF SOUTHOLD AUG 2 5 2011 Tel. (631) 765-1809 • Fax (631) 765-9064 2 ,aLCeT.~Q~ t-/ ~~~a~ lel Tawn Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 ZBA FILE: 6463 Interpretation NAME OF APPLICANT: Brostar LLC PROPERTY LOCATION: 1100 Main St., Greenport, NY CTM#1000-34-3-22 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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 thru A14-25, and the Suffolk County Department of Planning issued its reply dated March 15, 2011, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 21,379 sq. ft. parcel in the R- 40 Zone. The northerly lot line measures 160.65 feet along adjacent property, the easterly lot line measures 134.37 feet along another adjacent property, the southerly lot line measures 159.96+/- feet along Champlin Place, and the westerly lot line measures 134.34 feet along Main St. The parcel is improved with structures that include gas pumping facilities and a 24fr.x25.9fr. building, containing astore/sales area, a detached, 30ft.x40fr. two bay vehicle repair building, underground petroleum products storage tanks, miscellaneous accessories such as an outdoor air pump, outdoor vacuums, various monitoring wells, and a separate 8.1 fr.x42.4ft. metal storage trailer with an attached 9.7ft.x12.lft.shed located in the rear yard area of the property. The Building Department has issued a pre Certificate of Occupancy for the use of the property as a "Gas/Service Station." The property and the improvements are shown on the site survey drawn by Pat T. Seccafico, dated Oct. 12, 2004, and updated May 06, 2008, and also May 06, 2011. BASIS OF APPLICATION: This is a request under Section 280-146D for an Interpretation of the Town Code, Article XXIII, Section 280-121, "Non-Conforming uses", appealing the Building Page 2 -August 18, 201 I ZBA FileN6463 - Brostar, LLC CTM: 1000-34-3-22 Inspector's February 1, 2011 Notice of Disapproval for a permit for operation of a convenience store in pre- existing gas station/service station. RELIEF REQUESTED: The Applicant requests that the Zoning Board of Appeals consider that the Building Department's denial of a permit to operate a convenience store as part of the pre- existing non-conforming gas/service station, to have been made in error. The Applicant further requests that the Board determine that the convenience store be considered apre-existing accessory use far their business operation, and that it may be legally permitted as an accessory, but also integral part of the pre-existing gas/service station business. BACKGROUND AND ADDITIONAL INFORMATION: The Southold Town Planning Board in a memorandum dated April 18, 2011, has stated that as part of a Town wide review of Zoning, Town legislation changed the zoning of the Applicant's property in 1989, Southold Town and re-zoned the property from R/AG to R-40. As stated in their memorandum, "...pre-existing nonconforming uses are allowed to continue in the interest of protecting property owners' existing uses at the time of the zone change. However, the concept behind changing the zone when the current use is not allowed is that the existing use is considered inconsistent with the Town's Comprehensive Plan, and eventually the use will phase out over time. This seems to have been the intent of the legislation which changed this zoning district to R-40." In the zone maps information included in maps dated between 1956-57, 1970-1971, 1986, and 1988, compared with a current map, it becomes evident that from 1956 -1970 this property was included in a B Business Zone, which did not allow gas/service stations as a permitted use as of right. In 1970 the area was re-zoned into residential/agricultural (R/AG) Zone. In 1989 the area was again re-zoned into a residential (R-40) Zone. This property has been the subject of an application before the Board in the 1990s. During that time, Suffolk County passed new legislation which required all operating gas stations to upgrade their facilities to become compliant with County regulations regarding fuel storage tanks and fuel pump fire suppression systems. The Applicant ceased to operate the gas station pumps and temporarily ceased all gasoline sales pending the installation of new storage tanks and a new fire suppression system as required by the new County Law. A Notice of Disapproval was issued by the Town Building Department on Dec. 7, 1992 which cited Town Code Article XXIV, Section 100-241(G) which stated " Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefore shall have been granted by the Board of Appeals. In Decision #4143 dated April 22, 1993, the Zoning Board of Appeals determined that although gasoline was not being pumped or sold during this County required construction upgrade, `that the non-conforming use of gasoline sales has not been intentionally abandoned." In the Decision the Board states "The commercial use at the site for indoor servicing and repair of vehicles in the garage building and sales of oil and gasoline products in the service station, with incidental office areas, is known to exist since prior to the enactment of zoning in 1957. It is also noted that Certificate of Occupancy No. 26739 was issued on October ] 7, 1977 by the Town's Building Page 3-August 18, 201 I ZBA FileN6463 - Brastar, LLC CTM: 1000-34-3-22 Inspector confirming the preexisting use of this business, and affidavits supporting this fact were submitted sworn by residents of the Town." In the Decision #4143 the Board also states "The record shows that a permit was issued by the County Department of Health Services on March 17, 1992." On Oct. 08, 2010 a new Certificate of Occupancy No. Z-34602 was issued to the Applicant in reference to Building Permit No. 35822-Z dated Sept. 2, 2010, for "Upgrade an existing gas station as applied for", also in reference to ZBA Decision #4143 dated April 29, 1993. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 201 I, and on July 7, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Interpretation of b~280-121(A): The Notice of Disapproval was based on the Applicant's application dated 08/28/10, to the Town of Southold Building Dept. for a permit for "operation of a convenience store/service center/gas station in apre-existing gas station/service station". The Applicant's request to be permitted for the convenience store use was denied by the Building Department. The Notice of Disapproval states that the existing convenience store use is not permitted by §280- 121 (A) of Town Code, and that the pre-existing gas station/service station use "[s]hall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use, on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." The Notice also states, "The existing convenience store use resulted in the alteration of the property." Furthermore, the Notice also states, "In addition, approval from the Southold Town Planning Board is required:' The Applicant maintains that, although throughout the years the particular items for sale may have changed, the property currently has, and always has had, a continuously operating "convenience- type store" at the premises, in the same structure, as anon-conforming use, along with the gas/service station operation, since "prior to the enactment and effective date of the relevant zoning code." The Applicant maintains that there has been no physical expansion of this type of use, or no new nonconforming use as a convenience store. The Applicant submitted various pertinent documentation for the record, including: 1. A copy of a portion of the minutes of a Southold Town Board Meeting on Sept. 22, 2009. 2. A copy of a cun•ent Suffolk County Department of Health Services Permit "To operate a toxic or hazardous materials storage facility", dated 07/01/11. 3. A copy of a current New York State Liquor Authority License for "Grocery store selling beer, and wine products", dated 10/23/09. Page 4 -August I8, 201 I ZBA File#6463 - Bros[ar, LLC CTM: 1000-34-3-22 4. A copy of a current Notice of Inspection issued by the NYS Dept. of AG and Markets, Division of Food Safety and Inspection, dated 12/23/2010. 5. A copy of a Certificate of Occupancy issued by the Town of Southold Building Dept. dated 10/08/10, for "Upgrade an existing gas station as applied for and per ZBA #4143". 6. Testimony of Gary Lillis as to the use of the property prior to 1957 and testimony of the present property owners. This Board finds that the Building Department properly interpreted this section of the code and that Brostar has changed the use of this Gasoline/service station to a Gasoline/service station with a convenience store well after 1957. Most of the information provided by the applicant documented the use of the property well afer the 1957 enactment of zoning and is irrelevant to this Board's consideration. The Board is simply required to decipher what the use of the building was prior to 1957 and to establish whether or not there was a change in use that would eliminate the pre- existing non-conformity. It is clear that there were always 2 buildings on this site, along with the gas pumps. One of the buildings was utilized for the servicing and repair of cars. It is the use of this second building that is at issue. The only relevant testimony provided by the Applicant was that of Gary Lillis, who recalled that in 1957, when he was the age of 10, that there was a candy counter, and that cigars, insecticide spray, flashlight batteries and sofr drinks were sold, in addition to oil, filters, spark plugs, head lamps, and other items affiliated with automobiles. Mr. Lillis did not testify as to what areas of the building were dedicated to the sale of such products. However, a survey submitted by the applicant's predecessor, prepared by Van Tuyl and dated September 25, 1975 notes that the building was a "service station." According to Town Code, a service station is defined as; GASOLINE SERVICE STATION A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage or a body shop. Since this definition was not added to the code until the 1980's, the Zoning Board of Appeals has also considered the Webster's definition of service station (inserted in 1916) which is as follows: "a retail station for servicing motor vehicles especially with gasoline and oil". The pre-existing certificate of occupancy for this site as issued in 1975 notes that the site was utilized as a "gas/service station." However, the survey of Pat T. Seccafico, last updated on January 6, 2011 and the September 25, 1975 survey submitted by Brostar in connection with the use of the property surveys references the building presently housing the convenience store as a "1 sty. conc. block store" (emphasis added). These facts indicate that the use prior to 1957 was different than the use of the property presently. Additionally, plans submitted by the applicant in connection with the 1992-93 ZBA variance application, while not directly considered by the ZBA at the time, indicate that a large portion of the building at issue was utilized as an office with a counter as late as 1993, as opposed to the use of the entire building as a convenience store. Finally, the Building Permit application submitted by Brostar on August 28, 2010, which formed the basis of the Building Department's Notice of Disapproval indicates a distinction between the existing use, that of a "Gasoline/Service Station" It is noted that §280-4 and prior versions of the Town Zoning Code expressly refer to definitions in the dictionary if not specifically defined therein. Page 5 -August I8, 201 I ZBA FileN6463 - Brostar, LLC CTM: 1000-34-3-22 and the intended use "gasoline/service station and convenience store." As such, the Applicant has conceded that there has been a change in use from, at the very least, 1975 to the present day. In consideration of the above facts in record, the Board finds that the Building Department correctly found that there was an alteration of the use from what existed on the site in 1957 and the convenience store use that is presently in this building. ZBA approval of a Chafe in Use Pursuant to ¢280-121 (C) Pursuant to §280-121(C), a nonconforming use of a building: Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of this Board, is of the same or of amore-restrictive nature. While the applicant has not directly requested the approval of a change in use under §280-121(C), this Board, sua sponte, has determined in the interest of fairness and justice to consider this application under this section. The applicant has provided sufficient proof to illustrate that the present use, while nonconforming, is ofthe same nature of the use that was in existence in 1957. The record contained evidence of the type and nature of the use in 1957, which included people stopping for gas and/or people from the surrounding community stopping at the store to purchase certain items. The Board further supports this change of use because of the unique circumstances present on this site including the existence and continuous use of the building since prior to 1957, the testimony of Mr. Lillis that verified the building was utilized to sell more than automobile accessories prior to 1957, the small size of the building, the Town's rezoning this parcel to a residential zone and its location on the Main Road. While the items sold may have changed overtime, and the present owner has increased the number of items and the space dedicated to the sale of such items, given the unique circumstances present and because the present use is of the same nature of the use of the building in 1957, this Board approves such a change in use with the following conditions: 1. The Applicant's convenience store accessory use is subject to Town Planning Board site plan approval and the applicant must submit an application and obtain approval within two (2) years of this decision. The Applicant's failure to comply with this condition will render this decision null and void. 2. Maximum current gross floor area of the store shall not be expanded and the use may become part of its pre-existing non-conforming use ofthe property. As such any further change in use or expansion of use will cause the property owner to lose its pre-existing non-conforming status. 3. The definition of convenience store as it presently exists in chapter 280 will apply to this store. CONVENIENCE STORE A retail store generally less than 5,000 square feet that is designed and stocked to sell prepackaged food items, beverages, periodicals and household goods for off- premises consumption. [Added 11-4-2009 by L.L. No. 14-2009] Page 6 -August 18, 2011 ZBA Filefl6463 - Brostar, LLC CTM: 1000-34-3-22 4. The Applicant will secure and maintain an up to date status for any and all other necessary permits from Town, County and State regulatory agencies that are required for the valid continuation of the convenience store accessory use. RESOLUTION OF THE BOARD: In considering all of the above, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried, finding that that the Building Department correctly found that there was an alteration of the use from what existed on the site in 1957 as compared to the convenience store use that is presently in this building. The Board conditionally grants the applicant a change ofnon-conforming use in accordance with §280- 121(C). Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public heazing before the Zoning Boad of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves [he right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Horning, Goehringer, Schneider. Nays: Me er Weisman (Chairperson), Dinizio. This Resolution was duly adopted (3-2). /~~~r~t-~--. Leslie Kanes Weisman, Chairperson Approved for filing 1 /201 I MAILING ADDRESS: ?~,r PLANNING BOARD MEMBERS ~OF S~(/ly P.O. Box 1179 YY DONALD J. WILCENSffi QUO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS N ~ Town Hall Annex PIERCE RAFFERTY ~ ~ ~0 54375 State Route 25 JAMES H. RICH III Q~ (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR yCQU~ Southold, NY Telephone: 631 765-1935 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED 3 MEMORANDUM AUG O1 2013 BOARD Of APPEALS To: Leslie Weisman, Chairperson, Zoning Board of Appeals Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman ~ Members of the Planning Board Date: August 1, 2013 Re: Request for Comments for Brostar, LLC Located at 1100 Main Street (aka 330 Main Street), on the northeast corner of Main Street & Champlin Place, Greenport SCTM#1000-34-3-22 ZBA #6463 Please be advised that the Planning Board will be unable to complete the review and make a determination on this site plan application before the deadline set by the ZBA of August 17, 2013. Attached please find the most recent correspondence with the applicant. For further details, and if you have any questions, please let us know. Encl. MAILING ADDRESS: PLANNING BOARD MEMBERS _``~QF SOUj P.O. Box 1179 DONALD J. WILCENSKI ~0~ y0/_ Southold, NY 11971 Chair y `O~ OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex PIERCE RAFFERTY ~ Q 54376 State Route 25 JAMES H. RICH III ~ ~ (cor. Main Rd. & Youngs Ave.) MAATDQ H. SIDOR Southold, NY Telephone: 631 766-1835 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 31,.2013 RECEIVED Michael D. Solomon, Esq. AUG p 1 2013 2950 Hempstead Turnpike Levittown, NY 11756 SOARDOFAPPEAI.$ Re: Site Plan for Brostar, LLC 1100 Main Street, Northeast corner of Main St. & Champlin Place, Greenport SCTM#1000-34-3-22 Dear Mr. Solomon: As discussed with Mr. McCormick this afternoon, and in accordance with our letter dated January 31, 2013, the application referenced above remains incomplete. The Planning Board cannot place this application on an agenda, nor process the application any further until the application is completed. As always, staff in the Planning Department are available to help you complete the application. For your convenience, the incomplete items are listed below: 1. A complete Environmental Assessment Form (EAF) has not been submitted. 2. The location of the sanitary system has not been provided on the site plan. 3. A certification from a NYS licensed engineer verifying that the existing sanitary system is functioning has not been provided (or an approval of the sanitary system from the Suffolk County Department of Health Services). 4. On-site storm water management controls pursuant to §280-133 A.(6) and §236 of the Town Code have not been provided on the plan. The site plan submitted on 7/16/13 proposes no storm water control measures. 5. A notation about the proposed material on the ground where the trailer used to be has not been provided. 6. The required 25' transition buffer along the east property line that includes a double row of evergreens, pursuant to §280-94 of the Town Code, has not been provided. The items listed above are those required to make the application complete. Upon receipt of these items, review of the application will resume. Revisions to the site plan may be required following the full review of the Planning Board. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Donald J. Wilcenski, Chairman L~1N' OFT7CF:9 UF' SOLO'_VIO1~ & ~~P.12RF~KA, PLLC -LJ.SU LlI YIPS'1'liAU 7`U It SI'1KFi L H:F' 1'L`'1`U,91, ti H:,}' Y012 K 717.511-7 4RH c~ls> 579-Ftzoo • F4,1`SI17llde; (fil li) 679-3M19 'NICIIAN.I. D. 90LOMON www.nyflalaw.com ''77]] ~ry Fl'N'Y'OLF: ('Ol'Y'P}'OFH'll`IZ IIAti]EL J. llF:RItT:Rd, ?Np'I`I:OR tiN;R,'ll'N:OF'LIA3giyFeG~k1lEL~ (iRF; N;SPUK'P, V}"11 NA! (tl31) 333-T 300 4U9A A HLi HLS AUG 72013 ~ 4'LUIt1UAOF'F-1C1•: .1.}Ul}I'H:LfNF; FINS I311t Ifd IA) (tl01i) 9}:; 062n .1 P;NN TF'F:H T. F;NIIL\S ''.,R.,T.EfP^' ~ BOARD OF APPEALS NdNI1:Y1'TAN OPF'll'D: ]IAT9R IF;N \1opt)RT1R'F g}-AYVOI\"'1`M I~\T OVI,I' LF:(.:,I, CLF:R 3i • AIRO AUM 1'1"1`Na TO I'RA("1`I ('F; 13itOOFT.l-N OFH'1 Oli. FI.ORIU:A & PF:N NNFI A-A N IA ISY dl'POI S'I`6L:S'1' U V' 1.}' August 5, 2013 Town of Southold Zoning Board of Appeals Leslie Weisman, Chairperson 54375 Main Road Southold, NY 11971 Via Facsimile 631-765-9064 and First Class Mail Re: 1100 Main Street, Greenport, New York Brostar, LLC ZBA #6463 Dear Hon. Weisman: Please be advised that this office represents the above referenced applicant. Your Board rendered a decision dated August 22, 2011, in connection with above referenced application that required the applicant to obtain approval from the Town of Southold Planning Board within two (2) years of the decision date. That time period to obtain such approval will expire shortly. To date, despite the applicant's diligent attempts, it has not been able to and does not expect to procure such approval prior to the expiration provided for in your decision. The complexities of the existing site as to certain drainage issues, has resulted in the approval process taking longer than anticipated. The applicant, with the aid of this office and his engineer, has been working very hard with the Planning Board staff and members to resolve these issues. Accordingly, we respectfully request that this Board grant a six (6) month extension for the applicant to obtain the Planning Board approval. In speaking with Chairman Donald J. Wilcenski, he concurred and consented to the extension while we continue to work with the Planning Board to obtain a mutually acceptable resolution. Very truly yours, - MICHAEL D. SOLOMO MDS:mm cc: Brostar LLC BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~~Of SO//j~o 53095 Main Road • P.O. Box 1179 ~p Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Gcehringer H ~ Town Annex /First Floor, Capital One Bank George Homing ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider ~~.~C~U~ ~ Southold, NY 11971 I n http://southoldtown.northfork.net II ,n,~I n~ ZONING BOARD OF APPEALS V TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 August 14, 2013 Solomon & Herrera, PLLC 2950 Hempstead Turnpike Levittown, NY 11756-1468 RE: Brostar, LLC, ZBA#6463 Dear Mr. Solomon: On August 8, 2013, the Zoning Board of Appeals considered Brostar, LLC's request for a six (6) month extension of the time frame set forth in a condition of its August 22, 2011 decision (ZBA #6463), which required Brostar, LLC to obtain site plan approval within 2 years of the date of the decision. By resolution the Board determined to grant said request. Brostar, LLC's failure to obtain site plan approval within this time frame will render the August 22, 2011 decision null and void and no further extensions will be considered by the Board. Si c rely, ~c Le ie Kanes Weisman Chairperson/Department Head CC: Heather Lanza, Director of Planning Don Wilcenski, Planning Board Chairperson Jennifer Andaloro, Assistant Town Attorney ~ .~~a\\\ ~ COUNTY OF SUFFOLK RECEIVED \ , -ell'' N S ~ ~ MAR 2 4 2011 Y° BOARD OF STEVE LEVY APPlA~S SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DEPARTMENT OF PLANNING DIRECTOR of PuNwNG March 15, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Deaz Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission aze to be a matter for local determination as there appears to be no significant county-wide orinter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Sweeney #6462 Brostaz LLC #6463 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds 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 a~~ ~ ~3s ~ ~ ~ MAILING ADDRESS: /~Lr PLANNING BOARD MEMBERS ~~Of S~UljfrO P.O. Box 1179 ~ ~ MARTI hH~SIDOR ,~O l~ Southold, NY 11971 J J a ~ l~ l~ OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex / ~ ~ ~!ra~ KENNETH L. EDWARDS ~ • ,~p~O 54375 State Route 25 /x - DONALD J. WILCENSKI Ol'YCQ (cor. Main Rd. & Youngs Ave.) ~,y~ ~ U~+ Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM 3 RECEIVED To: Leslie Weisman ,ZBA Chairperson APR 1 S 2011 Members of the Zoning Board of Appeals 80ARD OFAppEgLS From: Martin H. Sidor, Chair M S h, Members of the Planning Board Date: April 18, 2011 Re: Request for Comments for Spanos/Brostar LLC -Convenience Store SCTM#1000-34-3-22 ZBA# 6463 The Planning Board received your request for comments regarding the above- mentioned application and the expansion of a nonconforming commercial use in the Residential- 40 zoning district. We reviewed the ZBA's record and found that in a 1993 decision the pre-existing nonconforming use that has been allowed to continue at the site was identified as a service station and an incidental office and sales area selling oil and gasoline products. In May 2004, the applicant applied for a building permit for the operation of a convenience store/service center/gas station and was issued a Notice of Disapproval from the Building Department which stated that the use was not permitted and further, if the use variance was granted, it would need site plan approval from the Planning Board. A Site Plan Use Determination Form was submitted from the Building Department to the Planning Department and Planning concurred. As you know, pre-existing nonconforming uses are allowed to continue in the interest of protecting property owners' existing uses at the time of the zone change. However, the concept behind changing the zone when the current use is not allowed is that the existing use is considered inconsistent with the Town's Comprehensive Plan, and eventually the use will phase out over time. This seems to have been the intent of the legislation which changed this zoning district to R-40. We hope this information is helpful to you. Should you have any questions or need additional information, please contact the Planning Department. Thank you. SURVEY OF DESCRIBED PROPERTY SITUATED AT ' GREENPORT, TOTPN OF SOUTHOLD SUFFOLK COUNTY, NEfP YORK S.C.T.M. NO. 1000-34-3-22 AREA = 21,379 5Q. FT. CUARVITEES OR CERIIFTGDDNS ARE NOT TRANSFERABLE UNDERGROUND UTILRIES EASEMENTS NOT SHOWN AND UHLM POLE LOGTTONS ARE NOT GI1VtANIEED. THE OFFSET DIMENSION SHOWN HEREON FROM THE SiRUCTVRES TO 7HE PROPERTY LINES ARE FOR SPECInC PURPoSE AND USE, THEREFOl7E ARE NOT INTENDED TO GUIDE 7HE EREC710N OF FENCES, RETNNING WALLS, POOLS, PA1105, PLANTING AREAS, LAND NOII OR PGR104RLY OF ADDITION 10 BUILDINGS AND 07HER COASTRUCIION. THE EXISTENCE OF RIGM ANGEITEI AND GEORGE SPANOS OF WiIYS WETLANDS AND/OR EASEMENTS OF RECORD, IF AN1; NOT SHOWN ARE NOT GUARANTEED UNAUTHORIZED ALTERAIpN OR ADORION TO TH5 SURVEY LS A VIOLATION OF N 73'22'50 °E 160.65' SECTION 7209 OF THE NEW YORK STATE EDUGRON UW. COPIES OF iH6 SURVEY MAP FE.COR. NOT BEARING THE LAND SURVEYORS SKTkNRE AND RED INK OR EMBOSSED SEAL SHALL NY7,.S O, 8'E, NOT BE COASIDERED A TRUE YAL/D COPY. 3.2'N. VA ~ UMS ~ AIR PUMP CIC. n CONC. OC• ~ PAD CLC, eh m~ ,15pRALT ~ ° VACUUMS M off'+N ~ C C. o YGNIT. ~ ~ g,T ~ ~ 'Z °M1BI~• 0 1/ELL `3 SHEDRED v W - PADC ~PRAI,T cE ~`n A 27.8' ~ RECEIVECI r~ - o.s. o. 25.9' ~ 8.1 Cl! 41.8 Qy' ~ GAS lco~~ o ~ CONC. U.P. W MARS 2011 ~ 3 A ~ ~ ~ c i CoV. O LOT 23 ~ co ADC 1 _ 25.9' CONC. l roN1T. ~ BOARD OF APPEALS PAD / ° HELL 1/ cRAVBL ~ Y~RT~~1i CRASS 1~ . 74.3' „ W ~ ~ 44.8' ° NYT ao.l' ° i ~ ~ o ~ c FLOCK wo GRAVEL l f6~"/ ~ GS ~ ~ asPRALj,/yo i ~ celu a~-r~' /74.5' a:a~% ~1 ohs. ~ / ° 40.1' 3' co l AGE GE KEDGE coR. YD~1`'TLy o ' / 44. FE.cox. m ~~pD FE.co~t. ~ 2.A'N. HEDGE 3.8 M 4 S.FE. 2 1'N. 4.7 lBGN. 2.4'N. 2.7'11. ° ASPHALT APRON pclc. S 73'25 00 lY 159.98 aasnv PAT T. SECCAFI CO *•yO sGN 150.58'(DEED) conc. APRON PROFESSIONAL LAND SURVEYOR, P. C. CHAMPLIN PLACE -SUCCESSOR TO - DONALD TASE, L.S. (49.5' 1/IDE) RICHARD WILHELM AND Assocwres • NORTHSTAR SURVEYING, P.C. PAUL T. CANALIZO, L.S., ROBERT A. KART, L.S. coxc. HAS~x GOOD GROUND SURVEYORS, P.C. APRaN 328A Main Street Hampton Atrium Unit D-4 Center Moriches, NY 11934 186 W. Montauk Highway Hampton Bays, NY 11946 Phonr( (6~ 1) 878-0120 Phone: (631) 728-5330 Fax: 631 78-7190 Fax: (631) 728-6707 UPDATE: al oe 2011 N.Y.S. LTC. NO. 049287 COPYRIGHT - 2011 PAT T. SECCAFICO P.L.S., P. C. FILE N0.50381 SCALE: 1 ° = 30' DATE: 02/2004 RECEIVE j MARS 201/~~0~ FORM NO. 3 NOTICE OE DISAPPROVAL BOARD OF APPEgLS DATE: February 1, 2011 TO: Brostar LLC 330 Main Street Greenport, NY 11944 Please take notice that your application dated August 28, 2010 For a permit for operation of a convenience store/service center/gas station in a pre- existing gas station/service station at n Location of propert :1100 Main Street, Greenport, NY~ ~ O 10( County Tax Map No. 1000 -Section 34 Block 3 Lot 22 Is returned herewith and disapproved on the following grounds: The existine convenience store use is not permitted pursuant to Article XXIII-280-121 which states: "Shall not be enlareed, altered, extended reconstructed or restored or placed on a different nortion of the lot or parcel of land occupied by such use on the effective date of this chanter, nor shall any external evidence of such use be increased by any means whatsoever." The existine convenience store use resulted in the alteration of the pronertK In addition, approval trom the Southold Town Plannine Board is required J Authorized Signature • i RECEIVE~yD~(p FORMN0.3 MAR $ ZQ~~ NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: May 12, 2004 AMENDED: May 28, 2004 RENEWED: November 28, 2007 RENEWED: February 1, 2011 TO: Edward Johnson A/C ZYMET Ina (Spanos) 326 Main Street Center Moriches, NY 11772 Please take notice that your application dated May 10, 2004 For permit for the operation of a convenience store/service center/gas station in apre-existin non- conforminggas station/service station at Location of property 1100 Main Street. Greenport, NY County Tax Map No. 1000 -Section 34 Block 3 Lot 22 Is returned herewith and disapproved on the following grounds: ~'~G ~ /2I The existin convenience store use is not ermitted ursuant to Article XXIV Sect n 100-241. A. which states. "Shall not be enlarged, altered, extended reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this cha ter nor shall anv external evidence of such use be increased by anv means whatsoever " The existing convenience store use resulted in the alteration ofthe prooerty In addition. approval from The Southold Town Planning Board is required This Notice of Disauaroval was amended on Mav 28 2004 to remove the reference to anon- conforming service center. Based on affidavits from the owner and a customer receiats for automotive service work comuleted, and other documentation the Building Department has determined that the service center use has been in oueration during the east two years Authorized Signature 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 i FORM NO. 4 il~[o RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT MARS pp>> Office of the Building Inspector Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-34602 Date: 10/OB/10 THIS CERTIFIES that the building UPGRADE GAS STATION Location of Property: 330 MAIN ST-AKA 1100 MAZN ST GREENPOR,T (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473869 Section 34 Block 3 Lot 22 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 2, 2010 pursuant to which Building Permit No. 35622-Z dated SEPTEMBER 2, 2010 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is UPGRADE AN EXISTING GAS STATION AS APPLIED FOR AND PER ZBA #4143, DATED 4/29/93. The certificate is issued to BROSTAR LLC (OWNER) of the aforesaid building. SUFFOLK COIINTY DEPARTMENT OF HEALTH APPROVAI, N/A ELECTRICAL CERTIFICATE NO. 35822 G9/27/10 PLOMBERS CERTIFICATION DATED N/A -~T ~ i ~ ~ 2 ~ ut on zed Signature Rev. 1/81 RECEIVED Fee: .3~ Filed By: Assigmnent No. MQR 8 Z~ ~ BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS IIouse No. 1100 Street Main Street Hamlet Greenport SCTM 1000 Section34.00 B1ock3.00 Lot(s) 22.00 Lot Size 1 /2 acre Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUH,DING INSPECTOR DATED February 1 , 201~ASEll ON SURVEY/SITE PLAN DATEll May Fi, ~nnR Applicant(s)/Owner(s): Brostar LLC Mailing Address: 330 Main Street. Greennort New York 11944 Telephone: 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:Michael D. Solomon, Esq. for (tx) Owner ( )Other: Address: 2950 Hempstead Turnpike, Levittown New York 11756 Telephone: 516-579-6200 Fax:516-579-2409 Email: msolomon@nyflalaw.com Please check to specify wha you wish con~espoudence to be mailed [o, from the above names: Applicantl0wner(s), (x~Authorized Representative, OOther Name/ Address below: WIIEREBY TI3E BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATEDOS-06-08 and DENIED AN APPLICATION DATED 08-28-10 FOR: ( )Building Permit OCertificate of Occupancy OPre-Certificate of Occupancy OChange of Use ( )Permit for As-Built Construction (x) Other: alteration of property for nonconforming use Provision of the Zoning Ordinance Appealed. (indicate Article, Section, Subsection of Zoning Ordinance b>~ numbers. Do not quote the code.) Article: XXIll Section: 280 Subsectioa:121 Type of Appeal. An Appeal is made for: ( ) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. (x);Interpretation of the Town Code, Article XXIII Section 280 ( )Reversal or Other A prior appeal (x~has, Ohas not been made at any time with respect to this uroperty, UNDER Appeal No(s). 4143 year(s). 1993 . (Please be sure m research before con~p(eting this question or call oxu~ office for assistmice) 1320 year 1979 (for sign) 1581 year 1972 (for sign) Name of Owner: . ~ File # RECEIVED~- REASONS FOR APPEAL (additional sheets maybe used with preparer's sipnaturel: MAR $ 20~~~~3 AREA VARIANCE REASONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difScul[y been self-created? OYes, or ONo. Are there Covenants and Restrictions concerning this land: No. ? Yes (please furnish coov). This is the MINIMUM [hat 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 A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure.te eei dt your attorney.) gnature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn before me this day of 20~ Notary Public NIAttNEW E. MCCORMICK NOTARY fUiIIC-STATE OF NEW YORR No. O1MC6130270 pppllflrad 111 N0S80U COUflty Commisslcn Explrea July 1!, 2C~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Brostar. LLC Date Prepared: 02-15-11 I. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being conshucted? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Descripfion (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe budding areas: Number of Floors and Genera] Characteristics BEFORE Alterations: N/A application is for interpretation Number of Floors and Changes Wfl'H Alterations: 1V. Calculations of building areas and lot coverage (from surveyor): Existingsquarefootageofbuildingsonyourproperty: 1,203 (2 car garage) 621.60(store) 343.44 (metal Proposed increase of building coverage: None trailer ) Square footage of your lot: 21 , 279 Percentage of coverage of your ]ot by building area: 10.14 V. Purpose of New Construction: N/A VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): _ flat Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 112007 RECEIVE~~~~3 MAR 8 2011 BOARD OF APPEALS Request for Interoretation of the Town Code The applicant herein respectfully submits to the Zoning Board of Appeals a request for a hearing on the Interpretation of the Town Code Article XXIII Section 280- 121 pursuant to a Building Department Notice of Disapproval, dated February 1, 2011, for a permit for operation of a convenience store/service center/gas station. Article XXIII Section 280-121 reads in relevant part "Shall not be enlarged, altered, extend, reconstructed or restored or place on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." In denying the application the Building Department the existing convenience store use resulted in the alteration of the property in violation of the above referenced Article and Section. The applicant disputes this interpretation. The subject parcel is a nonconforming commercial use within a residential zone. The Building Department denied the application based upon its contention that the convenience store constituted an alteration of the property. The applicant disputes this contention. The applicant contends that the property currently has and always has had an operating a convenience store at the premises at the same structure continuously as a nonconforming use prior to the enactment and effective date of the relevant zoning code. Therefore it is the position of the applicant that the Building Department erred in determining that the existing convenience store use resulted in an alteration of the property and consequently, the Building Department erred in determining that the applicant had violated Article XXIII Section 280-121. RECEIVED MAR 8 701~~~~~ BOARD OF APPEALS TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT \ ~ Do you have or need the following, before applying? TOWN HALL c Board of Health SOUTHOLD, NY 11971 v ~ 4 sets of Building Plans TEL: (631) 765-1802 Planning Boazd approval FAX: (631) 765=9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Examined , 20_ Storm-Water Assessment Fotm Contact: Approved , 20 MaIl to: Disapproved c ~ Phone: Expiration , 20 D ~ ~ ~ 8 ~ ~ Building Inspector ~ D APPLICATION FOR BUILDING PERMIT Alts 2 8 ~qA LL Date ,~Lt,IT L fj , 20~_ BLDG. DEPT. INSTRUCTIONS TOWN OF SOUTHOID a. rs application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing I'ocation 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 coinpleted'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 applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (S~gnature of applicant or name,' corporation)~/~~/ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder !i?~1 C Name of owner of premises r L~~ ~ (As on t e tax roll or latest deed) If applicant is a corporation,.eigna ure of duly authorized officer ame and ti e of corpor e officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on w ch proposed wor ill bed ne: House Number Street I`I- amlet County Tax Map No. 1000 Section ~ ~ ° o Block_ ~ , Q U Lot '~2.. D b subdivision Filed Map 1Vo. Lot r ~L_ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~QtsrJ~%/I~~.i~Q b. Intended use and occupancy Sp ~N,PT ~rh~~ SfY1 A n %(J~rG 3. Nature of work (check which applicable): New Building Addition Iterati9n Repair Removal Demolition Othpr ork t1~/i dJ p~~ ¢f ~rJ~`~7ui'~,~J`~„g Description) 4. Estimated Cost r~ Z Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units~Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. q / / ~ 7. Dimensions of existing structures, if any: Front F~j Rear Z~ Depth Height Afi0/~'DJC q ~ Number of Stories ~s-rQ _ _ `i Dimensions structure with alterations or additions: Front ~ ! ~ I ~i r Depth Height Number of St i I ~ I ~ ~ ~i. 1M 8. Dimensions of entire new construction: Front Rear 'Depth Height Number of Stories tl!~,a (din,; ~ „n1 9. Size of lot: Front Rear Depth ~ ~ ~ 10. Date of Purchase Name of Former Owner ~~~~h D h ~ 11. Zone or use district in which premises are situated ~ - ~p ~.DIV~" ~2.~~/'e~~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES_ NO~WiII excess fill be removed from premises?YES ~NO~ 14. Names of Owner of premises /~O L ~ Address 3 / o fo 3~f1~ Phone No V"'~~~~73f~~~'2"- Name of Architect ~ Address Phone No Name of Contractor Address Phone No. ` / 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ~C * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY B~ REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO *.IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? *YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY Ob~ . being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CANNIED. BUNCH Notary Public State of New York No.O1~U6185050 (S)He is the n a~inal in Sirffolk County . n (Contractor, Agent, Corporate Officer, etc.) Commrssion Exuires Aonl 14,10~sm~ 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 thi _ day of 20 ~ O ~r~-~-~ a /1 ~ Notary Public Signature of Applicant I - Y~-. _ ~ QIIESTIONNAIRE hOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subjectpremises listed on the real estate market for sale? ___Yes ~_No MAR 8 2011 B. Are there any proposals to change or alter land contours? BOARD OF APPEALS ~_No -Yes, please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses?_ No 2.) Are those areas shown on the survey submitted with this application? N/-~-- 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination ofjurisdiction? N A Please confirm status of your inquiry or application with the Trustees and if issued, please attach copies of permit with conditions and approved survey. 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. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist. Or state none on the above line. P. Do you have any construction taking place at this time concerning your premises? No _If yes, please submit a copy of your building p~A it and survey as approved by the $uilding Department and please describe: N Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. 1f any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes, please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcelGas Station with convience store and automobile repair- and the proposed use -same as above . (ex: existing single family, proposed: same with gauge, pool or other) - ~ Authorized signature and Date sn.zo SEAR PROJECT iD NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2. PROJECT NAME Brostar LLC Brostar LLC 3.PROJECT LOCATION: Maniclpality Town of Southold county Suffolk 4. PRECISE LOCATION: Street Addess and Road Intorsecaons. Prominent lenilmarks etc - or orovltle map 1100 Main Street, Greenport; corner of Main Street & Champlin Place 6. IS PROPOSED ACTION : ~ New ~ Expansion ~ Modification /alteration 6. DESCRIDE PROJECT BRIEFLY: ~F~.~lu~~ Maintain existing use as convenience store MAR 8 7011~~ BOARD OF APPEALS 7. AMOUM OF LAND AFFECTED: Initialry .5 acres Ultimately .5 acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ?x Yes ? No if no, describe brietty: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ©Residentlal ~ Industrial Commercial ~Agricultum ~ Park /Forest /Open Space ~ Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANV OTHER GOVERNMENTAL AGENGV (Federal, State or Local) Yes ~NO If yes, list agency nzma and pennif /approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ?NO If yes, list agency name and permit / approvaC Town of Southhold, nonconforming use 1~~2--. LLA"~S A RESULT OF PROPOSED AC'r10N WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Ures ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / ame ~_JDlale G.( Signature- _ V' If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment • ~ ~~b3 PART II - IMPACT ASSESSMENT To be com Ieted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 611.47 If yes, coordinate the review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS W6 NVCRR,PART 617.6? II No, a negative tleclaretion may be supersedetl by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may ba hantlwdden, illegible) CL FxisOng air quality, sudaca or groundwater quality or quantity, noise levels, existing Ireffk padem, sotto waste proouction brdisposal, potential (or erosion. drainage orflooding problems? F~rplafn briefly: C2. Aesthetic, agrkultural, arcnaeological, histoda, or other natural or cultural resources; or commuriityor neighborhood character'! Explain bdefly: C3 Vegetation or fauna, Ls4 shellfish or wildlife species, significant habita6, w threatened or endangered species? Explaiobnefly: C4 A comrnunily's existing plans or goals as officially adopted, or a change in use or Intensity o/use of land or other hatmal besoumes? 6tpUin bdefly C5. Growth, subsequent tlevelopment or related aclivdies likely to be induced by the proposeo action? F~eplain brlaay: C6. Long term, short term, cumulative, or other eRects not rdenbfietl m C1-C67 Expiarn bnefy. C7. OtheNm acts lmcludin khan es in use of either uanti or t of ene o Fx lain bnefl : D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSEDTHE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CE4? it es, ex lain boe0 Yes ~ No E. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Ii es ex lain: Yes ~ No PART III. OETERMINATfON OF SI(iNiFICANCE (Te be completed by Agency) INSTRUCTIONS: Foreach adverse effect identified above, determine whether it is substantial,large,important or olherwisesignificent. Each effect should be assessed in connection with ifs (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility: (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanationscontain sufficient detail fo show Ihai all relevant adverse impacts have been identified and adequately atltlressed. If question d of part ii was checked yes, the determinationof signifwnce must evaluate the potential impact of the proposeQaction on the environmental characlerisgcs of the CEA. Check lhisbox i/you have ldenti(ietl one or more potentially large or significant adverse Impacts whlcn MAY OCCUr. Then proceed diraplyto the FUL EAF andlor prepare a positibe dedara[ion. Check this box If you have determined, based on the information and analysts above and any supposing oocumenlation, that the proposed acg WILL NOT result in any sgnifiwnt adverse erwimnmehtal impacts AND provide, on aaachmenis as necessary, the reasons supporting thi delemrlnation. - Name of Lead Agency Date Pnnt or ype ame o esponsr a cer m ea gency Ltle of Responsible Officer Signaure o Responsible rcer in Lead Agency Signature of Preparer ( di Brent rmn responsible o er APPLICA~'17AGT.N'I/I2EPRESI;?~'IATI~'E zK~n~sncTZO ~~n i~ i~ ~scl,osinu~ roxv~ 7~he Tom of Southold's Code o`Bthicp yrohi~o_L_ conflict ointerest on the Dart of loom officers and employees. The numose of - Ihic form is >Lsule m.o_r.^~ation which can glen the to«i, o, aossible amflicts o`interest and allow it to ta}:e whatever action is neCP.SSan 10 aV01(1 SSID t. YOL'h ]~ATQF- Mi Cf18EL~~ Sol mm~n _ (Last name, first neme, middle ini~iai, ur,ies~ you arc applying ir, the name o: someone else or other enth}~, such zs a compam~. fi so, ind[catc the other person's or company's name.) N:AML GP ,PPL]GA770N: iCheck ai' dta: apnlv.j Tax grievance _ _ 3uildin~ Veriance Trustee Change oBune Coastal Erosion Approval o:`plat !,flooring Exemption from plat osorIlcin;map Planning D;her lf' Jtner'~; nam t7_ au;ciq_. Building Dept . Interpretation Do vor ersonalrv (t Ihron el-: cour company, spouse sibli~ pa-cot. o~ dti1d1 have a relationsuip wi,h anv ofG cer or employee oilhe To.~~n of S a~t nol "kc a,~onship' incSud -s uv blocc n.-ia r a~e_ o: be„iness iniere~t "Busincs~interesP`means a business, inelusing a partn -smy, in wi;ich nc~ to~a~n otf cer or employe -'nas even a pan,al ownership a' (or employmen! hy~) a corporation in wr'~i~ibe ta~.one ire-or e~n,rlm_=o~a'n; tout=`~ ~he spar>_5. _ F-i-- h~. ll 9 ':vti2d 1'C'. GOIn? ~ ~}lE'oaia~](. ) .u I~iYfll t U'3tc anC ~ .t N~here it a~_eiCCi. Rat~o~person ei prate b. tn~ 2r ts, o'So ~thold Title orpos5:iono tna ~c:;~r Dese-be tncrala nor Chip bctwc nco s_,r(a anr~iconua nreoresenia,A~sj ane tL=_town offi cEr or employee L,rther cheek - the anoropriade line Althrough lJ)and/or desc~rroe in the s>ace urovided The town office; e- employEr or his or he-spouse, stblin~._ parent, or chid i~ (check alb {h a' apply}: ' RECEIVED 'J tleov.n ro rater th tr of;h tort ofln~coi pr 3tesrcl.o Vte applicant (u,he-t llro'tf~hc.nt it -tr toi-itiou p B) I t~ lie orL~ncGeitrl owr rol an, r rer~t .n a ~ nr ~orhoraii v ii-; pvheu fhe MQR ~ 211 ~lir;art is tot ~ Doi pr.~,.;~o.tr, C') an o$iceq director, p-rtner, or cm, for cc o. the * ill cant; or D)~heacasa!ap,~icant. BOARD OF APPEALS s~tscxlrTlo>v~~ or lsa,nr!ousxrP Submitted this _ day o1'_ _ __20~,~ SignaT~~re - PrintK'amc lC, Ge~_ ~~ti--~~ t ono TS 7 • APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and en~lovees. The oumose 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: Brostar LLC _ _ (Las[ name, firs[ 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's or company's name.) ` NAME OP APPLICATION: (Check all that apply.) Tax grievance Building Variance "Cmstee Change ofZone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (B"`omen', name the activity.) Building Dept - Integrnretaton 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 awns more than 5%of [he shares. 1'ES _ NO ]f you answered "YES", complete the balance of [his form and date and sips where indicated. Name of person employed by the Town of Sw[hold 'title or position of that person _ _ _ Describe the relationship between yourself (the applicanUagenVrepresenm[ive) and the [own officer or employee. F,ither check the appropriate line A) through ll) and~or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check alt {ha[ apply): A) the owner of greater than 5%of the shares of [he corporate stock of [he applicant RECEIVEE~ (when the applicant is a corporation); 3 B) the legal or beneficial owner of any interest in anon-corporate entity (when the A ~ ~ Cl applicant is notacorpore[ion); MAR C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. BOARD OF APPEALS DESCR1PT10N OF RELATIONSHIP Submitted thi _ ~ of 20~~ Signature Print Name r1C corm "I'S 1 i LAVA' ON`r7 Cli5 OI' ~ _ SOLOti70~1 t~ HERRETlA, pLLC ::oso rr~ ~l,`s'rr--. ~ n r li ~ 1>7IC la LIL\'I'P'PVN"S. Sb: 1'UKF l ll5fi-1468 (:al n> s~~-uzoo (,111, :dD.C41„' ,~,ECEIVE~~~.h~ " VI Il'11 .AI!1. U. NULUAII,S wwwcnewyorkrb[id0lawc SI"RFU LIi CUI-SR'1" ORFIf L: U.\SII!L.1. II I:Il KI:I:.\ 1:4R R.\\-.\\'ISS I'4: 54.,_v-: .v.IZ1,3,. MAR 8 2011 ((R„):4~:4-,3UU O F f'OI SS I51. • .41.1, ALAI i'1"I'I:U'CU VIt_A("Pil'li RLOHI U.A UN'I~ I(`Id I'1.1tla ~,.\hl'P:.\SRl'L\'.\S1.\ BOARD OF APPEALS ,OIS BI]IISI 1)RI\"F: VId K,A'PI IUA'. FI, aRRS11 • ~l rr roll vL: Rv'll~p: or' 1.I~:a n 1. cA rp:w~ 6soe) .an-on~a VI,AA IJ d'P'I`:AS 6FFICIZ IfS' .ll'PUI S'CAI P:S'1` OS 1.A' March 7, 2011 --Svy.H+'P11 H~1'aP: H: P. l+l~l'1'191nOH Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: 1100 Main Street, Greenport, New York Dear Sirs: Please be advised that this office has been retained by Brostar, LLC to represent it before the Town of Southold Zoning Board of Appeals with respect to the above referenced property. Enclosed please find an original application packet for an Interpretation Hearing along with seven (7) collated and separately clipped copies of the same. The checks for the same in the amounts of $300.00 was previously given to your office. Please calendar this case for as soon as possible. If you have any questions please contact the undersigned. Thank you very much. Very truly yours, MICHAEL D. SOLOMON MDS:mm cc: Brostar LLC encl. L.~~c oF~F icFS oF' - S()I OMO\~ & HERRF:RA, PLLC ~ttso.~ir:ui~scrF. ~ti -rrRCrirF: LF:~"rt^ruic~, ~t;~~ roi:N n7er,-~-~res ~aic~ sw-~;zw _ ~ F,~CflI DllL15 (al5):i7l1-'3104 - VIICILVLI. U. NOLUAIUS wW W.newyo[ktluridalaw-COm FI'D"I~ULli 0U1'S'PY OFFIl9i 11.\ S i 1(J..1. I I1! It I: IL It,\ 1 SG li_11" :\l"FS l"13 r.Her~rolrr. ~r aria ti L-ti.A S .A. H 1"6I A' (BSp 1525-140(1 f 11' ('l ll']hI:I. ' .ALFU AllAI1'P'C (LU'L'U PILV("P 119: P'LUHID.A OFN'I CIL I'LUR I U.A d. I'4:S SFl"LA",A,C LA lIN{ RI All A I LKIA" 4: VL1Kd'19I0A. h'1. 41f1.i11 ? .A11'1` 1~ UK 11:12V' 1(9: OF 1, i A :.A I. 1'.A 1' I:RK G50R) ?N4-U4_)1 BA' _APPOI S'1`)1 F: S'1' OA Id" Februa 23, 2011 -~~"",a+-t~„S1P121.:I;~P. N, IPF: IHIU, rY .~F:vy.~tikt:..,-u,.e Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: 1100 Main Street, Greenport, New York Dear Sirs: Please be advised that this office has been retained by Brostar, LLC to represent it before the Town of Southold Zoning Board of Appeals with respect to the above referenced property.. The owner, Brostar, LLC hereby gives this firm consent to represent it, file all papers and applications as may be necessary on its behalf, appear and present this matter before the Zoning Board of Appeals on its behalf and to perform any and all other services that may be required in this matter. The owner has signed below authorizing and acknowledging such consent. Thank you very much. Very truly yours, M C EL D. SOLOMON Autho d and Acknowledged by: RECEIVE ~9 MAR 8 2011 James Spanos, ber Brostar, LLC BOARD OF APPEALS , ~~~3 r'~=1~~', APPEALS B OARD MEMBERS ti SCOTT L. FLARRIS ~ ~ Supervisor ~'~~s Gerard P. Goehringer, chairman ~ Serge Doyen, Jr. , ~ ~ ~ ~ r ' ~ ~ Town Hall, 53095 Main Road James Dinizio, Jr. ~ r~y?,~ P.O. Box 1179 Robert A. Villa ~=~'='d ~ ~ Southold, New York 11971 Richard C. Wilton ~~"r Fax (bl6) 766-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appeal No. 4143: Application of GEORGE AND ANGELIR2 SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section i00-13 of the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. WHEREAS, after due notice, a public hearing was held on March 18, 1993 in the Matter of the Application of GEORGE and ANGELIKI SPANOS under Appeal No. 4143; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered .all testimony and documentation submitted concerning this application; and WHEREAS., the Board Members have personally viewed and are fami.Iiar with the premises in question, its .present zoning, and the surrounding azeas; and WHEREAS, the Board made the following findings of fact: 1. SITE LOCATION: The parcel in question is a corner lot as defined by Section 100-13 of the Zoning Code with 159.96 ft. frontage along the north side of Champlin Place and 134.34 ft. frontage along the east side of Main Street, Greenport, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22. 2. ZONING: The subject premises is located in the R-40 Low-Density Residential Zone District, effective January 9, 1989, and is improved with three buildings: concrete block service station with office and sales area, concrete block two-bay garage used far repair and servicing of vehicles and trailer behind the service station (which previously was utilized as a residence but has been Vacant and unoccupied as a residence for a number of years). These builaings are shown on ' Page 2 - Appeal Nos 143 ~p,Gb,3 Matter of GEORGE AND ANGELIKI SPANOS Decision Rendered April 22, 1993 the September 25, 1975 survey prepared by Roderick VanTuyl, L.S. 3. PREExISTING USE: The commercial use at the site for indoor servicing and repair of vehicles in the garage building and sales of oil and gasoline products, in the service station, with incidental office areas, is known to exist since prior to the enactment of zoning in 1957. It is also noted that Certificate .of Occupancy No. 26739 was issued on October 17, 1977 by the Town's Building Inspector confirming the preexisting use of this business, and affidavits supporting this fact were submitted sworn by residents in the Town. 4. OWNERSHIP: The applicants herein aquired the property. on October 10, 1975 .from Malcolm Rackett, whose predecessar in title was Straussner. Each of these owners conducted gasoline sales from two pump islands at the site, one having been located along the westerly. property line along Main Street .and the other island underneath the canopy, which remains. 5. COUNTY LAW - REQUIRED UPGRADING FOR CONTINUED GASOLINE. SALES. In early 1990, written bid proposal(s) were obtained by the applicants to provide "...engineering services, one (1) test boring, register tanks and secure permits with. the Suffolk County Department of Health Services and Town of Southold..." and to "excavate, remove, and legally dispose of three (3) 8,000 gallon underground tanks and associated piping, existing pumps and wiring...." Also included in the February 12, 1990 bid proposal was " ..A. to furnish and install two {2) 8,000 gallon and one (1) 2,500 gallon fiberglass double wall tanks...." Another bid proposal, dated March 1, 1990, outlined an estimate for a new fire suppression and optional 8,000 gallon tanks in lieu of 10,000 gallon tanks. The record shows that a permit was issued by the .County Department of Health Services on March 17, 1992. During this time period, the N.Y.S. Department of Environmental Conservation also had a permit pending under Project No. 1-4738-00513/000001-0 ,for a vapor extraction system. 6. By application to the Building Inspector dated Decem- ber 7, 1992, an application for a permit to replace gasoline tanks and for use in the sales of gasoline was filed and disapproved on the following grounds: "...Article XXIV, Section 100-241(G) nonconforming .service station has not dispensed gasoline in the last two years and wishes to reinstate this service. Action required by Zoning Board of Appeals. Note-property situated in a Residential R-40...." 7. This application is an appeal of that December 7, 1992 decision of .the Building Inspector: For the record, Article XXIV, section 100-241(G) of the zoning code reads as follows: Page 3 -Appeal No' X143 - Mafter of GEORGE AND ANGELIKI SPANOS i ~ ~ b~j Decision Rendered April 22, 1993 G. Whenever a nonconforming use of'a building or premises has been discontinued for a period of more than two (Z) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. 8. BASIS AND ISSI7ES OF LAW: First, it must be determined whether ar not the nonconformity of gasoline sales from the -pumps has been intentionally abandoned, o~ impermissibly changed. Testimony was submitted clearlX showing that there was no intention by the owner to abandon asoline sales. The owners' actions to comply with the State ~nd County laws - governing inground fuel storage tanks and', to obtain appropriate permits within the two years under consideration is not evidence of intentional abandonment. 9. In considering this application and viewing the site and the character of the area, the following are noted:. (a) the subject parcel has over the past few years been kept in a disorderly fashion with outside storage of inoperable vehicles, licensed and unlicensed, and dismantled vehicles, vehicle parts. The applicants Have indicated they have recently been cleaning up the property and have agreed to return the premises to an orderly state in accordance with the code requirements for no outside storage of dismantled, unlicensed, and/ox inoperable vehicles and;ta provide sufficient an-site parking as required by the parking', schedule {six spaces: two for each bay and two for employees}. (b) the subject property is located in a residential neighborhood, and is surrounded by residences. There are valid concerns from not only the Board Members bht also residents that the improper storage of vehicles and vehicle parts must be improved for aesthetic, safety and health purposes. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, that the application be and hereby is GRANTED, finding that the nonconforming use of gasoline sales has not been intentionally abandoned, and the Building Inspector is hereby authorized to issue a building permit for such construction on com Hance b the ap licanf with all other provisions of the Zonincr Ordinance and the uildin Codes of the Town of Southold and all other recrulations_pertaininc to replacement of the gasoline tanks and incidhntal structural ~ e s • Page 4 -.Appeal No.( .43 f,1~~ Matter of GEORGE AND ANGELIKI SPANOS 1(j`~ Decision Rendered April 22 ,1993 supports for its safe construction and roper operation, and SUBJECT FURTHER TO THE FOLLOWING CONDITIONS: a) a parking area shall be provided for six cars as required by the parking regulations of the zoning code: two per repair bay and one for each of two employees, for a total of six parking spaces; b) before issuance of a Certificate of Occupancy and before any activity shall commence to conduct gasoline sales, the dismantled vehicles and vehicle parts, whether licensed or unlicensed, and outside storage of materials, shall be either removed or stared in such a manner required under the zoning ordinance.{such as in an enclosed area or building). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted (5-O). rz ~ GERARD P. GOEHRINGER,~ RMAN IS• 4:rVi.7~d.V~~ TLJ~t~~~} Gs~:_i._~ D~~syYif~ ~-~~~-~~~:o~ 4 Tov.-n C?_rk. To-,sn of Southcld 'e' 04 - Y- - - ZTOWN OF SOUTHOLD P t~OPE~Y -RECORD_ C~1~- ~3 O E L~ STREET ~ VILLAGE DIST. SUB. LOT • F R1vt~R OW R N y ~ ACR. ~v ~ lrtL I A~ ~ _ , ^F , ~G 4'9~`~~i ~ ~ , q,~,~~,, , So u . ~ TYPE OF BUILDING ~J ~ .,~~_nr-- .-Yr 'yrd .vim RES. SEAS. VL. FARM 'COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ' % f0 dcrr ~ vS J~ ~ J ~~%vf~ p~ gODbb.~'- s7 ac.Ke7~~„ ;f" L (F 6 :S « .s-.rte L, 'w ~ as g - p ~a a o8~i - ~ k~~' a~ G~ . 5~Q~7 0 2 ocio se~~~? op 2 ray Qb Zz 94 -L l / 9 5~ =s os fo G. s s !4~ i 6P~33o7: B aaogl ~ ~ c„l~, r z ib%)9 - L / I ~A?8' S~Q`~t as ~o ~ rx~ S ~-~~5 nJIC, _ rL rs~/~IZ~If?,,o3al --S,oano.~ fo ~c~s~s~ n~i~ 2 ~ 35 2 - # 3 `~.eJ .,.e~ ~o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tilloble FRONTAGE ON WATER Woodland FRONTAGE ON ROAD ~ ~j ~ ~ ~ 5 ' ~ = a Q / ~ Meadowland DEPTH p t House Plot BULKHEAD Tota'll'y 1 DOCK r r ,w,, ~ _ ;r. 11 - ~.LL _ LOR ;,~k r..,;~'~ TRIM ~r,~.-. i P L' I, 34: 3-22 11/07 ~ M. Bldg. ~ u - ` Z ~ ! ~'6 a _ _ Extension - ~ ~ o L _ ' Extension - - - _ _ Extension Foundation Bath • - - - Dinette- Pon:h 'Q(e : ~ 6 +p C~rnrar 2 ~ Ob Bosement _ Floors . ~ K; _ _ _ Ext. Walls Inferior Finish ~2 Porch Breezeway (Fire Place Heat DR. C`+orage ype Roof Rooms 1st Floor' BR: M a X A _ 33 ~ ' = Recreation Room _ Rooms 2nd Floor FIN. B O. B. a x , ~ , ~ o ° [Sormer Driveway Total. - ~ ti - Sfaf7 : ~9~ _ o~~OF SO(/ryol . ELI7.ABETH A. NEVILLE, RMC, CMC ~ O Town Hall, 53095 Main Road TOWN CLERK J~ 1~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS H ~c Southold, New York 11971 MARRIAGE OFFICER ~ • ~O Fax (631) 765-6145 FREE OM OF INFORMATION OFF CER ~1y00UNT1,~~ southo dt wn.nor hfork net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 9, 2011 RE: Zoning Appeal No. 6463 Transmitted herewith is Zoning Appeals No. 6463 of Michael D. Solomon for Brostar LLC - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Request for Interpretation of the Town Code, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Cover Letter from Michael D. Solomon Dated March 7, 2011, Authorization Letter from Brostaz, LLC to Michael D. Solomon To Represent Them in this Matter, Notice of Disapproval from the Building Depaztment Dated February 1, 2011, Notice of Disapproval Renewed February 1, 2011, Copy of Certificate of Occupancy No. Z-34602 for Upgrade an existing Gas Station as Applied for and Per ZBA #4143 Dated October 10, 2010, Copy of Boazd of Appeals Determination No. 4143 Decision Rendered Apri122, 1993, Two Pages of Property Record Card, Copy of Survey Showing Property as it Exists Prepared by Pat T. Seccafico. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/8/11 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6463 Brostar LLC 1630 $100.00 7000035196 $200.00 MAR 92(111 u o own ~r S~ ~1~ 41C F 1,,,~~,)<.~ H~BC ~ L~VITTOyVN NY 11266 i-16Ql,~ttt ; 'j AR'1`~RI+t1iIF L}CPEd' V'5L .~~~}~`t*~'1" ~ 1 , { i 5 tI t I F ~ yyirR { FCfl etq '2 i t ~ ~ ~~dh T <~~l~ r k~k9 F ~Ttl( tiSk3Li~1'F6#kf ~ ~ ' ~ ° . . i. F ~ ~ ~ P F P S ~ t~ ' S14 x rssulwo~orotr~,~ yam, e~'~~ar4dik16rE cosra~N~A..y(~-. ~'~`afi ~Q~''8~~~ ~ b® LyP,r PAY 70 jii,~~ --I" ° *~'1AF GreW6I: Capite4 Ona, N.A. L ~ i HOR2ED SIGH HE. - Reams.~orareea~a~rorlma«fentiarom~au mereiaern~eer,a ' «etolenrJanierba~. . Town of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 03/09/11 Receipt: 98721 Transactions?: Reference Subtotal 1 1 Application Fees 6463 $300.00 Check#: 1630/MO Total Paid: $300.00 Name: Solomon, & Herrera Pllc 2950 Hempstead Turnpike Levittown, NY 11756 Clerk ID: CAROLH Internal ID: 6463 v„ L_UV OH'Fl(7~:H OF' SOLOV~ov & HLI2REK~, PLLC °51.,0 1114 AI1'9'1'1:.1U'P L-hS Plli b: f. l.1':A'L'1"1'UlA'\, A7:11' 1'UNli I17G(i-1+OS f~. c.~u1> ,~o-r;~oo . L:\Ctil )111.16 L,1 e).S756saou • >I I C I LA I3I. U. 50 LO AHI V www.neww[k110[idalnw.com 51' P FOI.It 1'111' V'P A' r 1 FFI t' 1! U.\ \ I P;1..I. I I IiK K I;H:\ l a: It.\\" \Y IiS I - P: RECEIVED 1;K4:L:S1'0R'I'.S."„Sl,a HI'Y:U _A. KI'I31S pilq):S:JJ allu 11F ('OI-SSP:1. .A1.40 .AUAI 1'P'Ph;U'PU PK.Af "PICT; ~~3 Y'LUItI U_A <,1: 1: I('I{ JUN 2 3 2D11 PL0121 Ud m 1'F;SVS\'1.\C\S1.\ ,111; Itl \IISI Ultl\'b: Vi.AN.tll'l10A, 4'1.:5:50..-.Il ..OAP 1: 01L NL: HV,l•1.: 04 BOARD OF APPEALS V:,11.;, ,K„_11:,,,, _!3 N'. 31'1'11 S'PKI!19P. NI-I'P L:,NOII June 21, 2011 SI:vy."OHI:. S.",OL. Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: 1100 Main Street, Greenport, New York ZBA #6463 Dear Sirs: I am writing to you in follow up to the May 5, 2011, hearing of the above referenced case. At that hearing the Board decided to keep the record open and adjourned the case to July 7, 2011, so more information regarding the subject property could be obtained. The Board also asked the applicant to supply the following information/documents: copies of certificates of occupancies, transcripts of the 1993 ZBA decision, an onsite parking plan submitted in connection with the 1993 ZBA decision, the zoning of the subject property prior to the R-40 zoning, Suffolk County Health Department Permits for 1992-1993 issued in connection with the subject premises, and an explanation of how the applicant is adhering to the conditions of the 1993 ZBA decision. I have enclosed copies of the two certificates of occupancies on file with the Building Department, as well as the 1993 ZBA decision and transcript. With respect to the Suffolk County of Health Department, I have enclosed a letter we received from them in connection with our FOIL application for the documents the Board requested, indicating that upon a diligent search they are unable to locate the records. Regarding, the onsite parking plan, we have searched the entire Southold Building Department and Zoning Board of Appeals files and have been unable to locate the plan. However, in speaking with Building Department representatives, aformal plan with spot designation or striping was not necessarily required in 1993. The applicant would only have to demonstrate that he could accommodate parking for the required 6 vehicles. The applicant's property was more than large enough to provide parking for the required number of vehicles. The parking issue may have been interrelated to the other condition of the 1993 ZBA decision which was to remove the dismantled vehicles and vehicle parts on the property. Upon clearing those adequate parking was readily available. Consequently, a permanent or official plan may not have been incorporated by the Building Department or the Zoning Board of Appeals. With respect to the request by the Board for the prior zoning of the subject premises, we respectfully submit that this information may be more readily attainable by the Board than the applicant. The property is currently located in the R-40 zone. The R-40 zone was added in 1989. We were not able to procure a 1989 zoning map from the Town indicating what zone the property was then located in. The R-40 zone appears to have been added for the purpose of distinguishing strictly residential areas from nearby commercial and agricultural areas. It was not merely a matter of the zone changed from one use to another but the map lines (which properties were in which zone) were also redrawn. Accordingly, without actually reviewing the 1989 zoning map we cannot determinatively state the zoning of the property prior to R-40 change. With regards to the applicant adhering to the 1993 ZBA conditions, my client has been in compliance. As previously stated the property accommodates the required parking. Moreover, the town actually issued a certificate of occupancy in connection with the 1993 ZBA decision to upgrade the gasoline station on October 8, 2010, thereby confirming that such conditions have been met. With respect to the removal of the dismantled vehicles, my client long ago cleared and continues to keep the property clear of debris. Although we are certainly willing to help provide the Board with any information it may find beneficial in reaching a sound decision in this matter, I want to emphasize that the issue for determination in this matter is very narrow. It is simply a matter of whether the property has been continuously used for the selling of items of convenience from prior to 1957 to the present. Upon the testimony of witnesses and even the acknowledgments of some of the Boards own members the answer to that question is yes. The business has operated in the same structure for that entire duration. The fact the frequency of patronage may have increased is not relevant. We respectfully submit that you can not zone a business out of use for being successful. There has been no expansion or alteration of the use here. It still operates from the same structure, and the structure itself has not been expanded or changed since being built before 1957. Although the items being sold have changed contemporaneously with technology, the selling of items of convenience has always been part of and continues to part of the use of the property. Very truly yours, MICHA L D. SOLOMON MDS:mm cc: Brostar LLC RECEIVED encl. ~ JUN 2 3 2011 BOARD OF APPEALS FORM NO. L TOWN OF SOUTHOLD ` RECEIVEp t BUILDING DEPARTMENT / 3 Town Clerk'e Office l~1 to Southold, N. Y. JUN 2 3 Zp,~ BOARD OF APPEALS Certificate Of Occupancy No. 2.6.7.3.9.. Date ~ 7, 195 THIS CERTIFIES that the building located at A. l N Street Map No Block No. ..........Lot No.................................. t~EG1~~szcnEUrv ~~lZ $-+~~..13VSi ~ 'f ,~,;~:,~~t,_ conforms substantially to the •'~^•^T*`'nn fnr~~sy~~-•~yy nPro~rfn~r ~u ~ 41+'o-•~_ dater ~.?!c.14.~.3, 195~pursuanttowhich~;;~jrir~"gam [[!r•pp•vcY NO• •Z• g~ 39 dated ..........G.C ~T....~ 1975., was issued, and conforms to all of the require- - ments of the applicable provisions of the law. The occupancy for which this certificate is issued is TA S l?!•. r. r;.... ` ' ! . t. r ~Kk•~•~c~c: L•-N~ ...h~L'i:'.f:.~.... X1:1?RFr~=........ The certificate is issued to • • • •%/~,//?y/////i~ • • • • • • • (owner, lessee or tenant) of the aforesaid building. ~ Suffolk County Department of Health Approval . t\r _ UNDERWRITERS CERTIF~C,~1~'E No.. • • • • • F1 ~ . i.i '~.io A'i~ . HOUSE NUMBER Street E•~ N To R" t' lei . Y . ,C.. ~ ~~ir . . Building Inspector 7?'OIr,M NO. 8 TOWN OF SOUTHOLD RECEIVED Building Department Town Clerks Office seathela, N. r. n~,l JUN 2 3 2011 ~3 APPLICATION FOR CERTIFICATE OF OCCUPANCYBO,gRD QF APPEALS Instructions A. This application must be filled in typewriter OR ink, and submitted in DUPLICATE to the Building Inspector with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property .lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept, of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installations, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Nonconforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Dote of any housing code or safety inspection of buildings or premises, or other pertinent in- formation required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 Date ....~C1....2~.i..~ 1,~~ New Building Addition Old or Pre-existing Building Vacant Land Location Of Pr e ...................N~p`.!.N,....R.DA. CNlFIviPLAiiy I~,p,C~ GRCEN~'D aP rty 1.~ .....:R7 Owner Or Owners Of Pro ~ 1-,,L,',O.L M RAC 11 ~ -IT party Subdivision ......................Lot No.......-... Block No........`-. House No.330.. Permit No......-.......... Dote Of Permit ..............Applicant ~Ji N ~ ~ • "PRic C A~'f, J~ Health Dept. Approval t...............Lobor Dept. Approval ~i.:.. Underwriters Approval l: 1•~ , ..................Planning Board Approval ~ Request For Temporary C tote Final Certificate Fee Submitted $ ...........~r..~.l-...,....... Construction on above described building an perm(t meets all p ~~cayyb~~~~code nd regulations. Applicant ....:.......~.`.4.....:.... Sworn to before me this /ti~fl~ ifc~/OfoOq~ day af (stamp or seo0 C_O. Notary Public County ~!'f-- FaRM xo. 4 TOWN OF SOUTHOLD C BUILDING DEPARTMHNT RECEDED Office of the Building Inspector 3 Town Hall JUN 2 3 2011 "fib Southold, N.Y. BARD pF APPEALS CERTIFICATE OF OCCUPANCY No: Z-34602 Date: 10/08/10 THIS CBRTIFZHS that the building UPGRADE GAS STATION Location of Property: 330 MAIN ST-AKA 1100 MAIN ST GREENFORT HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 34 Block 3 Lot 22 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 2, 2010 pursuant to which Building PernLit No. 35822-Z dated SEPTEMBER 2, 2010 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is UPGRADE AN EXISTING GAS STATION AS APPLIED FOR AND PER ZBA #4143, DATED 4/29/93. The certificate iS issued to BROSTAR LLC _ (OWNER) of the aforesaid building. SDFPOLR CODNTY DHPAHTMHNT of HHALTN APPROVAI, N/A Hr•R['~'RICAL CERTIFICATE NO_ 35822 D9/27/10 PLOt~BAS CSRTZFICATION DATED N/ Authorized Signature Rev. 1/81 t ~ 4 i f"~'/ APPEALS B OARD MEMBERS ~ ~ SCOTT L. H.ARRiS a'g Supervisor r -c Gerard P. Goehringer, Chairman i . Serge Doyen, Jr. _ _ ~ ~ -.-4 ~ Town He11, 53095 Main Road James Dinizio, Jr. '''s ° r1c.' P.O. Box 1179 Robert A. Villa ` '-~.'~1 `"a Southold, New Yotk 11971 Richard C. Wilton Fez (516) 765-1823 Telephone (616) 766-1809 Telephone (516) 765.1800 RECEIVEp BOARD OF APPEALS TowN of sovTxol,D JUN 2 3 2011 FINDINGS AND DETERMINATION Appeal No. 4143: BARD OF APPEALS Application of GEORGE AND ANGELIRI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is-nonconforming in the current zone district, R-a0 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. WHEREAS, after due notice, a public hearing was held on March 18, 1993 in the Matter of the Application of GEORGE and ANGELIRI SPANOS under Appeal No. 4143; and WHEREAS, at said hearing all those who desired tc. be heard were heard and their testimony recorded; and WHE.4EAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. SITE LOCATION: The parcel in question is a corner lot as defined by Section 100-13 of the Zoning Code with 159. 9fi ft. frontage along the north side of Champlin Place and 134.34 ft. frontage along the east side of Main Street, Greenport, Town of Southold, and is identified on the Suffolk County Tax Mans as District 1000, Section 39, Block 3, Lot 22. 2. ZONING: The subject premises is located in the R-40 Low-Density Residential Zone District, effective January 9, 1989, and is improved with three buildings: concrete block service station with office and sales area, concrete block two-bay garage used for repair"'~h3S8p~?-yng of vehicles and trailer behind the service station (which previously was utilized as a residence but has been vacant and unoccupied as a residence for a number of years). These buildings are shown on Page 2 - Appeal No 143 Matter of GEORGE AND ANGELIKI SPANOS Decision Rendered April 22, 1993 RECEIVED Lhs September 25, 1975 survey prepazed by Roderick VanTuyl, N ~ 2 JU 2 3 2011 b/ 3. PREEXISTING USE: The commercial use at the site for BO indoor servicing aad repair of vehicles in the garage building and sales of oil and gaseline products in the service station, RD DF gPPEgIS with incidental office areas, is known to exist since prior to the enactment of zoning in 1957. It is also noted that Certificate of Occupancy No. 26739 was issued on October 17, 1977 by the Town's Building Inspector confirming the preexisting use of this business, and affidavits supporting this fact were submitted sworn by residents in the Town. 4. OWNERSHIP: The applicants herein squired the property on October 10, 1975 from Malcolm Rackett, whose predecessor in title was Straussner. Each of these owners conducted gasoline sales from two Hump islands at the site, one having been located along the westerly property line along Main Street and the other island underneath the canopy, which remains. 5. COUNTY LAW - REQUIRED UPGRADING FOR CONTINUED GASOLINE SALES. In early 1990, written bid proposal(s) were obtained by the applicants to provide "...engineering services, one (1) test boring, register tanks and secure permits with the Suffolk County Department of Health Services and Town o£ Southold..." and to "excavate, remove, and legally dispose of three (3) 8,000 gallon underground tanks and associated piping, existing pumps and wiring...." Also included in the February 12, 1990 bid proposal was " ..A. to furnish and install two (2) 8,000 gallon and one (1) 2,500 gallon fiberglass double wall tanks...." Another bid proposal, dated March 1, 1990, outlined an estimate for a new lire suppression and optional 8,000 gallon tanks in lieu of 10,000 gallon tanks. The record shows that a permit was issued by the County Department of Health Services on March 17, 1992. During this time period, the N.Y.S. Department of Environmental Conservation also had a permit pending under Project No. 1-4738-00513/000001-0 for a vapor extraction system. 6. By application to the Building Inspector dated Decem- ber 7, 1992, an application for a permit to replace gasoline tanks and for use in the sales of gasoline was filed and disapproved on the following grounds: "...Article XXSV, Section 100-241(6) nonconforming service station has not dispensed gasoline in 'the last two years and wishes to reinstate this service. Action required by Zoning Poard of Appeals. Note-property situated in a Residential R-40...." 7. This applicaticn is an appeal of that December 7, 1992 decision of the Building Inspector. For the record, Article XXIV, Section 100-241(G) of the zoning cede reads as follows: Page 3 - Appeal No 1143 Matter of GEORGE AND ANGELIKS SPANOS Decision Rendered April 22, 1993 RFCEI ~ D G. Whenever a nonconforming use ofa building or ?U/`/2 9 premises has been discontinued for a period of more ~ e1 Z~~l than two (21 years or has been changed to a higher B~q classification or to a conforming use, aaythi:ng in RQ O this Article to the contrary notwithstanding, the F qpp nonconforming use of such building or premises shall Fq~s no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. 8. BASIS AND ISSUES OF LAW: First, it must be determined _ whether or not the nonconformity of gasoline sales from the pumps has been intentionally abandoned, oak impermissibly changed. Testimony was submitted clearly showing that there was no intention by the owner to abandon gasoline sales. The owners' actions to comply with the State end County laws governing inground fuel storage tanks and'. to obtain appropriate permits within the two years under consideration is not evidence of intentional abandonment. 9. In considering this application and viewing the site and the character of the area, the Following are noted: (a) the subject parcel has over the past few years been kept in a disorderly fashion with outside storage of inoperable vehicles, licensed and unlicensed, and dismantled vehicles, vehicle parts. The applicants have indicated they have recently been cleaning up the property and have agreed to return the premises to an orderly state in accordance with the code requirements for no outside storage of dismantled, unlicensed, and/or inoperable vehicles znd~ to provide sufficient on-site parking as required by the parking schedule {six spaces: two for each bay and two for employees}. (b) the subject property is located in a residential neighborhood, and is surrounded by residences. There are valid concerns from not only the Board Members bit also residents that the improper storage of vehicles and vehicle parts must be improved £or aesthetic, safety and health purposes. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, that the application be and hereby is GRANTED, finding that the nonconforming use o£ gasoline sales has not been intentionally abandoned, and the Building Inspector is hereby authorized to issue a building permit for such construction on compliznce by the applicant with all other provisions oI the Zoning Ordinance and th° 9uilding Codes o*' the Town of Southold and all other r~oulations pert-ining `o replacement of the gasoline tanks and incidental st-uctural , Page 4 -.Appeal No .43 Decisi nfFcenderedAApr~1GEZIR199PAN05 RF~~ CFO 3 N e~gRo 2,~ 1p,, supports for its safe construction and proper operation, and ~F SUBJECT FURTHER TO THE FOLLOWING CONDITIONS: ,9pp~A/S a) a pazking azea shall be provided for six cazs as 'l` required by the parking regulations of the zoning code: twc per repair bay and one for each of two employees, for a total of six parking spaces; b1 before issuance of a Certificate of Occupancy and before any activity shall cotmoence tc conduct gasoline sales, the dismantled vehicles and vehicle parts, whether licensed or unlicensed, and outside storage of materials, shall be either removed or stored in such a manner required under the zoning ordinance (such as in an enclosed area or building). Vote of the Board: Ayes: Messrs. Goehriager, Doyen, Dinizio, villa and Wilton. This resolution was duly adopted ;5-0). ~~GE//RARD P. GO~GEt2 ~C I ?cwn Ci^r.':, ?o:~-n c: Sout4pld ~z. ~ J;rO .r APPEALS BOARD MEb1BERS "-,v SCOTT L. HARRIS a E Supervisor Gerard P. Gcehringer, Chairman ~ v ~ N Serge Doyen, Jr.~ ~ "',ti Town Hall, 53095 Main Road J RobertA V7lar ~a~l 'A~~+?'~J Southold, New York 11971 A Riehaxl C. Wilton Fax (516) 766-1823 , r~CLn.~ Telephone (516) 765-1809 Telephone (516) 765-1800 e ?G `-f~~ BOARD OF APPEAI 9 N O TOWN OF SOUTHOLD 0 NOTICE OF PUBLIC HEARINGS 9, rO Q~ ~ID/J qpA NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following CS public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 18, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4158 - STEVE DONADIC for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. 2. 7:35 p.m. Appl. No. 4159 - JOHN F. McGILLIAN for a Variance to the Zoning ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct enclosed porch addition within 100 feet of bluff along Block Island Sound. Location of Property: Off East End Road, Fishers Island, NY; County Tax Map Parcel ID hio. 1000-011-1-11- (Also referred to as Fishers Island Map Block 25, Lot 2); '1 Page 2 Notice .Hearings Southold Town Board o£ Appeals Regular Meeting of March. 18, 1993 3. 7:40 p.m_ Appl. No. 9149 - Application o£ DEPOT nn ENTERPRISES, INC. for a Variance to the Zoning Ordinance, 'f~ Article VIZ, Section 100-71C (which refers to 100-31C-4, 100-33) e ?G CFjG of the residential accessory use provisions), for permission to O'9,pO ~2tJ~ establish and locate accessory outdoor recreational area with 1~~j outdoor lighting incidental to the-main use of the premises. AAA Location of Property: 320 Depot Lane, and 29325 Main Road, ~'9`s Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-office IRO) and contains a total lot area of 1.6+- acres. 4. 7:45 p.m. Appl. No. 4143 - Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-2411G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. She subject premises is a corner lot as defined by Section 100-13 0£ the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. 5. 7:50 p.m: Appl. No. 4075 - JOHN PHILLIPIDES & OTHERS lowners) by THEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 ft. and less than the required total Page 3 - Notice l Hearings ' Southold Town Board of Appeals Regular Meeting of March 18, 1993 ~ `~e3 RECEIVED sideyards at 25 feet. Location of Property: North Side of JuN p g !i J ZQi~ Soundview Avenue, Southold, NY; County Sax Map Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 ~~~RD QF /~~~A Low-Residential Zone District is nonconforming as to total ~^W lot area at 11,000+- sq. ft. 6. 8:00 p.m. Appl. No. 4156 - GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC. (Continued from 2/23/93 hearing). This is an Appeal based upon the February 10, 1993 Notice of Disapproval issued by the Building Inspector requesting an Interpretation of Article III, Section 100-31C(3) of the Zoning Code which provides for docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Applicant is proposing to construct new dock areas (for four - additional boat slips) at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond," an estuary of orient Harbor; also shown on the Map o£ Gardiners Bay Estates, Section 2, filed in the Suffolk County Clerk's Office as Map No. 275, East Marion, NY; Copunty Tax Map ID Nos. 1000-37-1-part of 23 (private road), and part of 17 (underwater land). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. Zf you wish to review Y Page 4 - Notice ~ Hearings Southold Town Board of Appeals Regular Meeting o£ March 18, 1993 ~ ~~3 RECEIVED the Files or need to request more information, please call JUN 2 3 pp~~ 765-1809 or visit our o£f ice. Dated: March 3, 1993. BYOVO BOARDFOFHAPPEA SOLD BARD OF AppEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x roq~n no= RECEI Ep63 Buli c or nna-;noi~~~T JUN 2 3 2011 TOIV"iti' CL[RK'S OFFICE sourxoLD,N.Y. BQgRp OFgpPEq LS NOTICE OF DISAPPROV-A~L ~p t~ ~ Date 1~..¢C..art,<.~...1...., 19 9. ?c-- Ta 1:Y?a,~,~,..c~pu.i. /.G~i'~.QM.~,t,~lz.: S fy ax.o~ - .3P.k.I.LOB V 0 ~~r p ~?`.~?a~.^."* s1.= . N.1'j t 11.9.x.'".... -t PLEASE TAKE NOTICEthat your apolication dated..LJ.RS?':^'~~:.7..,,,,.,,, 19 ,9?-. for petmi[to ICa.'.!~.e.f~..1~?~," V?~^~7L-U!N,h~Mq, OI?!L1.1.tc-a ....a-^:^:t.tlyl at Location of Property I/do al/Vte.e~r 1 Hausc iJO. ' ' ' Strew Harmer County Tax Dlap No. 1000 Szctlon ...543`,_,.„Block ...03,,,.,,, Lot fir?-r......... Subdirision Piied bfap No. Lot No. is returned :.erewi L`t and disapprcred on the toilo~.ving grounds ~ X ~ $s.el ~-w, IJD - A`~/ ~~'i ) . ~ `m'..L`.?r^.. ol.-'f..l. Ucc~ eLCwltieV~.. ~!'t.%~.. (!u!.T.. ~?-t^.-y-l. . . . Q. ~v . ~j,,;~ , f3uildat:g Inspector AV 1/80 ~ RS~jVEp ~ 3,'3oq~PN.( TOWN- OF SOl1TH OLD, t1EW YORK DEC 07 ~pyf: APPEAL FROM DECISION CF BUILCING INSPECTGR APPEAL NO. SoufhCldYOWpClertc y%vs DATE ..!.s~7./4.Y..-....... ~ l W TO THE ZONING BOARD CF APPEALS, TOIVN OF SOUTHOLD, M. Y. I lWc) George.Spanos & AngejTk..Spanos.pf .._,685 Daisy Road RECEIVED Nome of AFaeuont Street and Number JU ,,,Matt stuck NeW York.__-......HEREBY APPEAL TO /V 4 J 2011 Mun¢ cIYY Stof~ BO THE ZONING BOARD OF APPEALS FRGft'F'r.E CECISION OF THE F3UILOING INSPECTOR ON q ~ OFq c APPLICATION FOR PERMIT .:0. DATED PPEq WHEREBY THE BUILDING INSPECTCR DENIED TO George Spanos & Angeliki Spanos Name of Applicant far permit - °f 685 Daisy Road, f•1attituck, N. Y. . ..................................P ....Y Scree[ and Number Muniu Girt State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I' - ( ) I. LOCATION OF THE PROPERTY Main..Street..&..Lhdmpll[1..P1.;.,Greenport ' Street /Hdmi2t / Use District on Zoning Map District 1000 Section 34 Block 3 Lot 22 Current Owner lvlap No. Lot No. prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zening Ordinance by number. Do not quote the Ordinance.) Article XXIV Section 100-241 3. TYPE OF APPEAL Appevl is mode herewith for (please Check appropriate box) (XX) A VARIANCE to the Zening Ordinance or Zoning Map ( ) - A VARIANCE due to Icck of access (State of New York Town Law Crap, 62 Cans. Laws Art. 16 Sec. ?80A S~bsecticn 3 ( ) 4. PREVIOUS APPEAL A previous epFeel ~5;) (has not) been made with respect to this decision of the building Inspector or with respect to this property. Such cppeol was ( )request for a special permit ( )request fcr a variance - and was made in Appeal No ...Deted REASON FOR APPEAL ( ) A Variance tv Section 260A Subse<Non 3 ' (X I A Variance to the Zoning Ordinance (x) Determination as set forth below is reggested for the reason rho[ the applicant for fifteen (15) years owned and operated a gasoline service station at the above site which was a non-conforming use and seeks a determination that such non-conforming use has not been abandoned or in the alternative to reinstate the non-conforming use. $3J !.4:i corn 2nt v ~ s h+ __'(Ccntinuc on other side) s ,:N ,t. ~:,~,,,,,en I STFEICT P.PPLK:\TION OF THE ORDhIA NCE ,~nuld produce preen ml eilficuiire; r.. ~nnec es,. crv HARDSHIP because the applicant and the applicant's predecessors for more than fifty (50) years have operated a gasoline service station at the site, and applicant believes discontinued dispensing gasoline because of a requirement that new underground tanks be installed which cost was prohibitive. (a (.1~.~ RECEIVED JUN 2 3 2011 BOARD OF APPEALS i. The hardship erected is UNIQUE anti is not shared by ell properties dike in the immediate eieimry of this property and in this use district becpuse dppllCdnt 15 the SO]e gdS0l lne SerV 1C2 station in the immediate locale and is a continuous non-conforming business operation, predating the zoning code of the Town of Southold. 3. The Varicnce would cbse rve the spirit of the Orainonce and V?CU LD NOT CHANGE THE CfiARA.CTER OF THE DISTRICT because the applicant's operation has been and continues to be to operate an automobile service station including repair shop and undertaking all of the incidental activi ~ associated with a gasoline service station which has been in exis ence or more than fifty (50) years and a continuation of this existing use will not change the character of the area. STATE OF NEW YORK ) ~ COUNTY OF SUFFOLK ) Gorge Spanos Si nature t. Sworn to this 77 ~ .............._~j.. day oL..___.6!.,~%J!v..........__......._..... 19~~ (/~7(~ CHARLES R. CURDY NoYry ~1 6BS7~2225Newlink ~N o,ary Public /J GwIIRetl In Suflalk Cotmty /J C~mmisebn F>tp4ea December 31, 1SAi ~ ~ • /d Gr1 - ~ % ~ _ Z701~t'td O~ SOUT9iOLD AR06~ERTY R~~O~D ~~4RD 1/ OWNER ~ ~e~( / STREET 2~-z-- VILLA - _ d T GE DIST 1T"~?ry_C. ~A~/,i?i, c(~ 1 L~IG~ ) i i / SUB LOT T FORrvtER OWNER / - p~ - - /,J ~G'SC , - 6, r /0 i~F r; irr ASOo FLU C' ~ ~d~ W if TYPE OF BUILDING _ _l / RES. SEAS I VL T -r_= - ~I//J , ' FAkM I COM~ CB. MICS. Mkt. Value L~A]ND IMP/ TOTAL DATE REMARKS ~ _ _ _ZC)b ~ y'%'(. `1~i~00 _ C,td.6 iJ A, r to dnke! ~D!J~ .,So _----I~Q//o~2f..14c~~, ~~G00~ ~9g~LCkEiI T„ ' J-.Soo /ii?/%?~ =r~'2Ll~lUL-- - ------------pFrFrGFn~3 _ _~p~-p7~ip1~ Z 3-ZUT~-- _ BUILDING CONDITION ~1L.._AI]11G /L I L` AGE L7l?F1 f~V - NEW NORMAL BELOW yr I'1rrGTiL.7- FARM ABOVE - A<re ~yolue Per Vclue - --T_~ Acre 1--- ' Tillable - ~ FRONTAGE ON WATER II _ _ _ _ Wocdlond ~ l Meadowland i FRONTAGE ON ROAD ~3 L~ U-~i DEPTH House Plot ~ ~G o r BULKHEAD ~ Tora'Y ~ I DOCK - . r ; - - - z ~ COLOR ! IRIU ,r!. e~ a } ~ i I ~~LI ~I_ II l l I i. l ~ 1 h ' I I l I I~ I I-.i i YYY _ ~,~.;y«.,.~ - ~ ~ ~ I ~I -I . J I 4 1 I- ~ -I ~ ~~I I _L r I i r ~ -i ? ~ ~ J__- M 61dg, , T E rens an I ~ I_ E to s on_ _ .1--_..___ - ' i/ _I _ I _ ~ 1 J_ ~ L 1 L_ I ~ J I L 1~_ Exronslon ~ I _ _ ~ - FL aalon Isem -IIT-- omen- P h_ _ _ _ _ ~teWalls _ T Finish y I~ z D eezeway ~ - IFire Place - Heor r Ip('. - - ~ 9 I Rype Roof R s Ist Flo I 6R ` P t s ,L,.. J R enfmn Roo I R oms 2nd Fl rT --~fl. RI~ o R ---T I ~ - oo er ~ -1 ~ o ~ way ~ ~ ~I _ _._L. i_ _ _ i ~ b3 RECEIVED JUN 2 3 2011 BOARD OF APPEALS t ~ X; I - i d a. 'I I T 4~ j F-± m ' n m { c~, ~ .~qq - eu MP il wry III c _ _ ~ ~ COY{ .~~.j j? t ~ 5GA4. Y v, G- ~Y 6 i LSrn - l Z b G^ f~ 1' ~ CONCF ~~J~ ~ 1' d- SOCK LJ m GNRhG~ ~r~ Q V N ~ N '~63 ""G~' U, RECEIVED Y" z ~ z~' cr h , 5~ g P ~ ~ JUN 2 3 2011 ~'r ~ yHpnr~ ~ 9.e~M15VRr'-l r. ' ~'b~ ~ 3{-BOARD OF APPEALS I'd~p WYE r-____. - Ix: r ' S a, eE he~c _ I t dr =.J rN alh ~h nmtm ~ ~~~i_ f. J G..: i 54r .aSa i' - I"I r~L. - n ~E4~ hrT L( ir;~-,I~ ~ a. 41 ~ .JUf.• vP 1 ~ x _ G r B C/ ~ .CHI ' Y i[y { e ~ Lim c .4!_LRf~r -~.J~V"vL'/,2'.~: h " x ~t~ 7~-~'~ - 4 i ~ ZBA Hearings 22 March 18, 1993 RECEIVED ~ `I 163. JUN 2 3 2011 APPLICATION N0. 414$ - GEORGE AND ANGELIKI sPANOS BDgRD OF gppEALS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject .premises is a corner lot as defined by Section 100-13 of the Zoning Code, and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 14, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. 8:08 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey from Roderick Van Tuyl, P.C., the date on it is September 25, 1975; and I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. Is Mr. Cuddy present? How are you this evening? Appearance: Charles R. Cuddy, Esq „ for the Applicant MR. CUDDY: I am Charles .Cuddy, and I represent the applicants who are Mr. and Mrs. George Spanos, who are both here. I would first like to hand up to the Board, if I may, exhibits; and I will refer to them as I go along. (Whereupon materials referred to received by the Board and marked Applicant's Exhibits 1 through 10 in evidence.) MR. CUDDY: The Spanos's are residents of Mattituck and they awn . • ZBA Hearings 23 March 18, 1993 ~O what is the Greenport service station. Probably most of you are familiar with it. This is a station located the northeast corner of Main Street and Champlin Place in Greenport. It has been there at least to my knowledge some 25 years, and I understand ,and am going to show you evidence it has been there probably for fifty years in just the form virtually that it is today. This is an application to determine that the non-conforming use has continued. The Code says that, that is, the Southold Town Code says that where that non-conforming use is discontinued for more than two years, that it becomes abandoned. It .is our intent tonight to show you that it has not ~ - been abandoned; and the use we are talking about. is the gas service station, that is, the gasoline pumps which were removed a little over two and a half years ago; and that has presented a problem because Mr. Spanos now wants to put paints in the ground (noise on tape obscures a few words) and a service station. I want to,point out to everybody-that this is not an application for a use variance; it is not an application to have a referendum on whether gasoline stations are permitted --It is simply a very narrow question as to whether this is continued-- and we submit that it has-- The first point i would like to make, and I have addressed --those exhibits with numbers so that you can follow along with some of the things I am indicating-- is that it is a i non-conforming use. The nonconformity I think is shown by an . ~ u' .a F Ya a y p '~w E. $p Aix y~,i ZBA Hearings 24 March 18, 1993 .F.~ ~ . RECEIVED JUN 2 3 2011 6`~d ~ BOARD OF gppEgLS affidavit from Mr. wippert (phonetic), who is a resident of Greenport. He has been a resident of Greenport for more than ..fifty years, in fact, all his life; and he indicates in that affidavit that. this gas station has been at that site, that he has personally observed it, that he is aware that the gas service station was there as well as .the repair shop for more than fifty years, which takes it-back prior to 1957 when (coughing completely obscures tape) it is today because it is located in a residential district. The second and third exhibits are simply the deed into Mr. Spanos which was in 1975, from the preceding owner, and the exhibit that is annexed to that is the C.O. The C.O. was .issued by the Town in 1975 at the time that he got thepremises; it indicates. it's a non-conforming use. There is also an assessment record from the Town which indicates that the premises leased as of 1968, and going back beyond 1968 eas also a gasoline service station and had been used in that capacity for a number of years. In or about April of 1990 this station was forced to stop pumping gas, and Mr. Spanos will testify to that later because they had to remove the storage tanks. From that time on, Mr. Spanos conducted business, and I will have him testify and other people here testify as to the nature of the business he conducted. The use that they continued basically is the sale of automotive parts such as oil, grease and. transmission fluid; and it is our contention --and the testimony will be-- that those ZBA Hearings 25 March 18 1993 RECEIVED JUN 2 3 2011 ~ i gpARD pF APPEAL things permit him to continue the use today. He is going to S testify they occurred. in 1990, they occurred in 1989, 1991, '92 and '93; and because of that continuation, I believe and I submit that the law states that he has a continuing use of that property; and I refer you specifically to a case that is called Islip v. PBS Marina. It is a 1987 case that simply says that you can only terminate a nonconforming use if it discontinues if the discontinuance is total, meaning that it must be completely terminated and in this case the very things that he did in 1988 and 1989 were still done in 1992, and that is, selling products. THE CHAIRMAN: Will you furnish us with a copy of that case, Mr. Cuddy? ~ MR. CUDDY: I can get you a copy. THE CHAIRMAN: Thank you. MR. CUDDY: For reference purposes I will cite the citation. It is 133 Appellate Division 2d 81. And it is also probably the books that are here-- 518 NYS 2d 427, and that is this Department that covers Brooklyn, Queens, Nassau, Suffolk. The other thing I would like to point out to the Board: If, in fact, the facts did indicate that there was a continuing use --and they certainly do-- the equities are entirely with Mr. Spanos. Before the tanks were removed, in or about 1990 in February which is a month, two months before those tanks were taken out, he went out and got a contractor to indicate what the cost would be to him to replace the tanks; and that is when the thing began to be a problem to him. ZBA Hearings 26 Marc~~~~VB{~93 JUN 2 3 2011 ~ `~(o j BOARD OF APPEALS Exhibit No. 6 is.a contracting company that indicated to him to replace the tanks, he could have 2 10,000 tanks, one 6,000 gallon tank, it would cost $148,000. That was prohibitive. It didn't stop him, but it sure slowed him down. In 1991 about a year later he hired a permit research firm. The permit research people, as Exhibit No. 7 will show, made up a plan in 1992, February 1992; they submitted it to the Department of Health Services. That plan was approved in March of 1992, and that is what Exhibit No. 8 shows, that the Health Services Department had approved the installation of underground tanks. He then had his permit .application people make an application to the Town of Southold Planning Board. Unfortunately this was done in May of 1992, just about two years after the tanks were removed. The application was made on May 8th; the Planning Board a week later wrote him and said he missed by a day the cutoff. That is Exhibit No. 9, which is a letter from the Zoning (sic) Board. I would think that that exhibit plus the fact that he was at all times making efforts to get this done and in particular that he spent the money, several thousand dollars, to get the plan, which was approved by the Health Department. His inequities, which very few people have, and I think that that alone should permit him to continue on at this point --In any event, the Town itself has taxed him as if the gas service pumps were still there. I put his last two tax bills before the Board. His taxes didn't go down, they increased. There is no indication whatsoever that the Town l ZBA Hearings 27 March 18~E1vQ3D G~~3 JUN 2 3 2011 GUARD OF APPEALS thinks he is in any different business than he was before, and I don't think he is. Finally, I would like to say that Mr. Spanos recognizes that there may be a problem with some people thinking that his station hasn't been neat and orderly. He submitted a plan to the Board to show what he plans to do in the future as far as storing the vehicles; and I would like him to come up --unless the Board has some questions at this point-- to testify. THE CHAIRMAN: Just one question. Notwithstanding the fact that he has worked on this proposal, you are referring to this case of 1987 and saying that even though a person is not dispensing one specific type of either automotive or marine product, that this particular case indicates that since they were dispensing or selling, you know, retail, types of automotive products--no? MR. CUDDY: The case doesn't say that. The case says that you can terminate a non-conforming use only if you discontinue every incident of that use.. That case was referring to a marina. The marina had 100 slips. They had one slip open for two years. The Judge said that is enough because the rule is (inaudible) so I don't want to say factually about oil, but the same principle applies to this, that he was doing the same thing that he did before, albeit he wasn't serving gasoline or dispensing gasoline. What he was doing was selling oil, was selling automotive products, the very things that he was doing n beforehand from the service station. ' t ZBA Hearings 28 MarchEl~~VE9D93 JUN 2 3 2011 ~ 3 BOARD OF APPEALS THE CHAIRMAN: Thank you. G E O R G E S P A N O S the applicant, being first duly sworn by the Chairman, testified as follows: DIRECT EXAMINATION BY MR. CUDDY: Q Mr. Spanos, are you the .owner of the Greenport Service Station? A Yes. Q And you have been the owner for some 17 years at this point? A Yes, Q Prior to 1990, I gave the date as roughly April of 1990, did you. dispense gasoline at the service station? A I did. Q Did you actually operate the service station? A Yes. Q Did there come a time when you stopped dispensing gasoline? A Never stopped (inaudible)-- . Q (Continuing) Well, in-1990 did there come a time? A Never stopped .(inaudible)-- Q When did you stop selling gasoline --sometime in 1990? A 1990 middle of the year. Q In the middle of 1990? Tell us when you think it was. A I never exactly remember the date, but it was the _ beginning of '90. . ~ ZBA Hearings 29 MarctRFif$~I\d®(93 JUN 2 3 2011 y~3 BUARC~ OF APPEALS Q Prior to that time were you selling other products besides gasoline at the service station? A Yes, we used to sell everything that a car needs. I was selling antifreeze, oil, gas treatments, all these; sometimes I would help customer that was stuck, you know, for gas. I went with the gas tanks and bring the gas and sell to them to help them out so I never stopped pumping the (word indistinguishable on tape) here. Q When you sold those products, were you selling in hundreds or thousands of dollars? In 1989. A Yes. Q More than a hundred dollars? More than a thousand dollars? What type of income did you have? A The gas? Q Not the gas the oil products. A More than a hundred. Q What about 1990 and '91 and '92 --you were selling the same amounts? A I losing because the cars doesn't (word indistinguishable) gas, so but I was selling the other. Q Were you selling more than a thousand dollars a year? A That I was. Q Who operates the business, Mr. Spanos? A I do. Q And is your family going to continue to operate this? A Yes, since I open, my wife help me. Family business. ZBA Hearings 30 March 1'8, 1993 RECEIVED la`~~d3 JUN 2 3 20tt BOARD OF APPEALS Q When you. set the tanks out, was that voluntarily; or did you have to do it7 A No, I had to do it because with the steel tanks not allowed anymore under ground. They have to be moved. Q You heard me tell the Board it was going to cost in excess of $100,000 to replace the tanks? A Yes. Q How are you going to do it? A So I am going to mortgage my house. Q So you are going to mortgage your house in order to get the tanks. A No company will install the tanks otherwise. MR. CUDDY: I have no further questions. THE CHAIRMAN: Do you have anything else you would like to say? MR. SPANOS: That is about it. I would like to put, back if I can, and continue operate (indistinguishable). THE CHAIRMAN: Thank you. Mr. Cuddy, could I just ask a couple questions? We on the North Fork are certainly aware that there is definitely a need for gasoline sales, and we of course notice that predominantly in times of storms and so on and so forth, when we don't have necessarily electricity, and that was the case of a couple more recent storms myself when I had to travel out to Greenport, which was the only entity that had electricity-- and we had to go to the only gasoline station that existed at that time, which I think is Mr. Roberts over by ZBA Hearings 31 Marc RISEII~~3 JUN 2 3 2011 ~`~~-3 DOARD OF APPEALS the old movies-- Now I know there is another gasoline station that is coming in, the old Gulf station which is G & S, and there is no doubt in my mind. My particular problem here is, and you did admit to it, and of your applicant, that this operation is a little unsightly. .I would ask you, if you would submit to the Board some type of covenant, some sort of restriction that is tied to a certain type of this business, only because I am concerned not only for the Spanos' but any subsequent owners, if the Board is so interested in granting this. It is a relatively small piece of property, as you know, and in the operation of the repair of automobiles, it sometimes requires that. these automobiles be kept for a certain period of time until parts are gotten, and that has been, I think, the major portion of the problem on this particular piece of property, most recently from what I can remember. I of course don't live in the hamlet of Greenport; but when I do travel to the hamlet of Greenport, I do see that on this particular site, and that is my concern at this point. MR. CUDDY: I don't think the applicant has a problem with that. I discussed extensively with him the concerns, and I am sure some of the neighbors have as to the sightliness of the project, and he has indicated a willingness to bring it up and maintain it. I submitted a sketch, drawing, to the Board to show that he intended to fence part of it, and he also intended to landscape part of it, to try and hide vehicles. that he stores. The fence will be sufficiently high so that can be ZBA Hearings 32 March R~j1913 ~'~=~D (~'~63 JUN 2 3 ZO11 BOARD OF APPEALS done; but I don't have a problem if you want to condition approval on that fence height. THE CHAIRMAN: That is just for me --i don't know what the rest of the Board want. MR. CUDDY: I am saying that because we had discussed that. THE CHAIRMAN: Is this trailer still in use in the rear of the property? MR. CUDDY: No, i don't believe the trailer itself is in use. It is still there, THE CHAIRMAN: It is still there; it is not in use, okay. Questions from Board members? Bob? MEMBER VILLA: Yes, I have a question. A figure was thrown out over a hundred thousand dollars to replace the tanks, and that was the first one, Is that number still current? Is it higher? MR. CUDDY: The number is lower. It is somewhere between a hundred and a hundred-ten, as I understand it. This `is from the people that he had actually do the plumbing. MEMBER VILLA: Now my concern is, it is all well and good to try to get back into business, but has anybody done an economic study to see that he is going to be able to pump enough gas to pay this off? And I would hate to see a person mortgage his house, get an approval, and then not be able to pay off the mortgage because you are going to have to pump a lot of e ; f Fr1/F ZBA Hearings 33 March 18 EC1~39TD JUN 2 3 2011 ~ ~ BOARD OFAPPEALS gas to pay off something like that. Has there been an economic study done? MR. CUDDY: No. I think it is his intent, it is everybody's bent who is in business that they can do it; he has been there seventeen years and knows what his income is and he knows a $100,000 mortgage is going to cost something, which is not exorbitant, but it is money, and he is aware that it is. Today the interest rates happen to be incredibly low, so he is fortunate this is the time he is doing it. I don't anticipate that that is going to be a problem, and Mr. Spanos as I say, has been, is not a newcomer to the business, and he is aware what it produces. He has indicated to me that that type of mortgage he thinks he can handle, and also that the cost, he has it down somewhat, so that it is not 148, and probably can reduce it by some $30,000, $40,000; but he anticipates he can do it. This is a man who knows how much he makes in a business. MEMBER VILLA: Some of the neighbors have expressed concern over the condition of the pro-erty. Is there a time schedule or a time-frame that you have --to put it bluntly-- to clean it up? MR. CUDDY: I would think we would be able to clean it up within a sixty-day period. And, as Mr. Goehringer suggested, we would be willing to covenant that condition will be corrected. THE CHAIRMAN: And remain? MR. CUDDY: And not just to occur at that point but it will remain that way. M RECEIVED ZBA Hearings 34 March 18, 1993 JUN 2 3 2011 (p~~ 3 BOARD OF APPEALS THE CHAIRMAN: i can see some pretty exclusionary restrictions --there is no doubt in my mind. MR. CURDY: I point out to the Board also, and I understand that everybody wants the neighborhood to be decent, and there can be no objection to that, but I think there is a limit as to what can be compelled as far as where you put things, and he only has so much room to work in-- I certainly have no objection, and I can see no objection to .saying he can't put things on the street or on the sidewalk, and I don't think they can be piled high, but certainly in an area he can use, and he will try and screen the area he uses sufficiently, and I would hope that that would be adequate for the Board's purposes. THE CHAIRMAN: My concern, and we had had an application on the Main Road, the applicant's name was Sunny Brown-- and it was a pretty good decision that the Board had come up with and the main concern is the placement of unplated vehicles, the placement of dismantled vehicles or partially dismantled vehicles, and those are the vehicles that would have to be placed within the fence compound in the rear. Current vehicles that are being used, that are being worked on, as long as they didn't disrupt the normal function of visibility on the property of making that right turn and in the same case of making a left turn onto Main Street, and so on and so forth; but the main concern of this Board is the more than temporary placement of vehicles that simply don't ever move, they just ZBA Hearings 38 March 18 93 ~~C~EIVED JUN 2 3 2011 BpARD pF APPEALS needs to be done, George did them. He done a good job. That's all I have to say. THE CHAIRMANe Thank you. Anybody who would like to speak either for or against this application? Seeing no hands, we thank you all for coming in and bid you all good evening; and I will make a motion closing the hearing and reserving .decision until later. (Seconded & carried; see Clerk's minutes.) THE CHAIRMAN: Thank you very much. iTranscribed from 3/18/93 hearing tapes.. jdr) e RECEtt11//FFnn ZBA Hearings 35 March 18, 19'9`3 JUN 2 3 2011 ~ 3 BOARD OF APPEALS ~ stay there, and they are hatching a service station, so to speak. I hate to use old cliches, but that is, you know-- MR. CURDY: I have no problem with what you are talking about at a11. I would point out to the Board, as you are aware, the Town has enforcement offices. I don't know what has or hasn't happened in the past. Also, they have, if they are violating, and I assume that that is what people are talking about-- I would assume someone would have gone to them at this point and said that; but if that still exists, by the way, and we have a covenant, the breach of that covenant may have certain consequences to it, but I think that the Building Inspector or enforcement code personnel officer can go out and at any time claim he has exceeded his limits. I have other witnesses, very short. THE CHAIRMAN: Surely. MEMBER VILLA: In the re-establishment of gasoline sales, do you plan on modifying the lighting of the property in any way from what exists today? MR. CURDY: I think that the lighting would become somewhat --it is shown on the plan, I think-- it would be more current than it is. I don't think the lighting will reflect on the .neighbors, if that is what you are talking about. We have no problem with that; but. the gasoline pumps, by the way, will not be --one time they were on the street-- They will not be on the street anymore. They will be inside the canopy, so the lighting doesn't have to go further than that. , ~ ZBA Hearings 36 March 18, 1993 RECEIVED , ~ ~6 3 JUN 2 3 ?011 THE CHAIRMAN: Okay. Anyone-- EOARD OF gppEALS MR. CUDDY (interposing): I would like fo call Mr. Brown, if I may. VICTOR BROWN, being first duly sworn by the Chairman, testified as follows: DIRECT EXAMINATION BY MR. CUDDY: Q The next few witnesses are going to- testify basically to the continuing use of the premises and ask to make the statement on the record. A Okay. For at least the last two or three years that I can remember and prior to that time, I have regularly been going to the Spanos station to buy oil products, oil, oil-change, _ ~ antifreeze, things of that type; and it has been available for me each time that I come. I ask for a particular type of oil, and he has it. THE CHAIRMAN: That is great. Thank you very much, sir. (Whereupon the witness was excused.) THE CHAIRMAN: Good evening, how are you? M A R I O N L A T N E Y Called as a witness by Applicant, being first duly sworn by the Chairman, testified as follows: My name. is Marion Latney. I live in Greenport. I have been living there all my life. Ever since Mr. Spanos has been there, he has been helpful to me with my car. Anytime I ~ f ZBA Hearings 37 March 1~EcEIVED JUN 2 3 2011(( 3 BOARD OF APPEALS need it, if my car breaks down, he is right at my house. He serviced my .car. I get oil from him. Anything my car needs, George will do it for me. THE CHAIRMAN: Right. MS. LATNEY: And I miss him. THE CHAIRMAN: Thank you very much. (Whereupon witness was excused.) THE CHAIRMAN: How. are you tonight, sir? JOHN CARTSELOS; CUTCHOGUE, N.Y., called as a witness by Applicant, being first duly sworn by the Chairman, testified as follows: I am John Cartselos; I am a resident of Southold. What I would like to say is that I have been dealing at the Spanos Service Station for many years, and I still go up there to get my car serviced; prior to-1990 and it is continuing, antifreeze and servicing my car. Thank you. THE CHAIRMAN:. Thank you. Any further questions of the Board? Of Mr. Cuddy or applicant? Anybody? No? (Whereupon the witness was excused.) THE CHAIRMAN: Is there anybody else who would like to speak in favor of this application? Yes, sir. CHARLES RAYNOR (.phonetic, unswornj: My name is Charles Raynor. I live at 17 Sound Road. I have lived there for twenty years. George has serviced my truck and my car ever since he has been in business, with Prestone, grease, any repair _ 'tl~ ~ I i ~ a I~ ddae' _ _ 6~ ~e 1, s ~ ~ i i ~ ~ ~ k ~ geg I ~ iS~ ' ~ K' ~ - f _ ~ ~ RECEIVED a ~3 ~ - t ~ ~s? JUN ~ - 2 3 2011 e, BOARD OF APPEALS ~~$<i " f r i~ _.w plc ~4i APPLICATION FOR PUBLIC ACCESS TO RECORDDS n 1,' ~ ~1 l~ ~ ~~R ~ ~ ~ Departme° of HealOthderv es ~U 1'v ~ ~ rLU~~ ~W INSTRUCTIONS TO APPLICANT: Please complete Section I of this form. Do not leave any areas blank. You can also use the print button to create a hard copy and submit the signed form to the Freedom of InformationMOfficer. Date of Application: 1\av Applicant Represents: u,-„e«ar~LT.C AG c„cessor ro the 5nanos Orgenaort Service Station, Inc. Applicant's Name: Solomon & Herrera, PLLC, by Michael D. Solomon, Esq. Applicant's Address: ~g5o AP,gtpgrPAa m„rnD~',ke. i,evittown. New York 11756 Applicant's Phone: 16-579-6200 Applicant's Email: sollaw@aoi.com Applicants 5ignatu Describe the record sought and include a complete tax map number (District, Section, Block & Lot in the proper format). if possible supply date(s), a file title, file reference number,. the physical' address and any other information that will help locate the record desired. Copies of all health department certificates/approvals/permits for the years 1989, 1990 1991 1992 & 1993 £or the property located at District 1000 Section. 34 Block 3 Lot 22 address of 330 Main Street, Greenport, New York. SECTION I - IHEREBY APPLY TO: o Inspect the following record ,rx Receive a copy of the following document(s) Please send to: Acting Freedom of Information officer Lauren Savino Agency Name: Suffolk County Department of Health Services Address: 225 Rabro Drive East, Hauppauge, NY 11788 Fax # 631-853-2927 SECTION 11-For use by Freedom of Information Officer (or designee) only RECEIVED o Approved. Call to arrange an appointment to inspect the requested record. b Contact Person: Phone: ,)(~q~ 2 3 7("+ o Records not possessed or maintained by this agency. a~Records cannot be found after diligent search. o Denied. Reason for denial: E30P,RD OF ARrEAt~ o Document(s) enclosed as requested. o Receipt of this request is acknowledged. There will be a delay in supplying the requested record until payment of reproduction fee $ o Other: Signature:_Lr ~-y.~,_ Title: r. ~,.~-+,~.r,~ Date: 6-i-, Section 111 -Notice to applicant You have the right to appeal a denial of this application in writing to the Office of the County Attorney within 30 days of the denial. Information as to the person to contact is shown below. The contacted person must respond to you in writing within ten business days of receipt of your appeal. Suffolk County Attorney Business Telephone: (631) 853-4048 H. Lee Dennison Bld. 6th floor Tracking Number: Veterans Memorial Highway (Assigned by Agency) Hauppauge, NY 11788 Tracking Number: _ _ _ D Se tember p 22, 2009 ` Page 69 Southold Town Board Meeting Minutes i COUNCILMAN WICKHAM: Peter, if you hadn't picked up on the idea of 15 minute parking there, I think it probably would have passed tonight. COUNCILMAN RULAND: Pete, let me say this to you: Probably being the least familiar with some of this other than every time I have been on Champlin Place, there haven't been any cars pazked on either side of the road. So my only point is, when I mentioned picture, there has to, I realize this has languished a long time and in my thinking if it languishes two more weeks..... MR. HARRIS: That is fine. I mean, you know..... ' COUNCILMAN RULAND: I just want to make sure that what we do is truly correct and that I never, I am not aware, I don't forget a lot of things when it comes to paperwork. i don't recall ever seeing these pictures. a MR HARRIS: Well, the, I would just like to make one point. Now that the fact that it is opened and it is in the public view now, Bill, probably me being able to go there now with a camera and try to find that street full of cars, I mean, the horse is out of the bam now. SUPERVISOR RUSSELL: Can I just clarify a couple of things. First, the Champlin initiative was actually brought when we had a previous Town Board. So all of the documents and all of the information would have been presented to that Board, that was prior to you being here, Bill and prior to Vincent being here. So I can understand why they don't have the information because they weren't even part of the initial initiative here. That being said, we tabled it two weeks ago so that this Board could go talk to the Transportation Commission. Reach out and find out and gather all that information, so that we can render a decision tonight. That didn't happen. MR. HARRIS: Just in closing, like I said. I am not here on behalf of the Transportation Commission to put anybody out of business. That was not why this was even brought up. It was a public safety issue and we just felt that by doing away with parking and making business used property, that they own, to use as their staging area was the right thing to do for public safety and that is it. Thank you. James Spanos MR. SPANOS: I would like to, you know I am surprised [o see this other item on the agenda because I wasn't aware of it with the convenience stores and it is very ironic but all focus is on our properties and I will say that plural because there is a property that has been shut down by the,Town out in East Marion but I am going to stick to this agenda right now, it is very unfortunate that you know, if the town zooms in on one property they can take away, you know, food that is being, that four families are being out of, that are not coming to the government for your help or hand out. There is George Papamichael, he has two daughters that go to Greenport High school, he is a very stand up citizen, he works very hard, he goes out of his way for a lot of elderly people at Peconic Landing and Eddie has three people that work for him that are very well liked and outstanding citizens. And [don't understand why consistently, it might sound a little weird but this is an ongoing problem and it is being, I am the target. My family properties are the target. And I have been trying to work with the Town and the building department and ' * September 22, 2009 ~ ~ Page 70 Southold Town Board Meeting Minutes Z° ~ they haven't been complying. The building department hasn't. once it gets and I've, we have looked into other alternatives to sue and go for an article 77 and I was advised by my brother and my family and everybody else that we are going through a lot of hardship right now, not to and to work with the town but we are not getting that back. ~ We aze not working together here. All 1 see is the town coming after us with a double edge sword and us being led on down a dark road. So I hope from here forward, the town will be able to work with us. When I come to the building department and ask for a permit, when somebody else does it simply gets handed to them, with me, it is a never ending red tape nightmare coming at me. And I would like to know why? Because I think that I haven't stepped on anybody's toes and people at home are not exempt from this. You know, if you become the target believe me, it is not good. So I would suggest people got more involved and more awaze of local government and what is going on here because if you are the target, you are going to be stuck between a rock and a hazd place. So I would, I am thanking the Board that is going to extend this for two weeks, I am going to go to the parents that drop off their kids there and 1 would expect you to review this situation and take all these things into consideration. SUPERVISOR RUSSELL~Let me just assure you on the convenience store legislation, there is a specific reference if ~ppu read it, that excludes existing convenience stores that have been recognized~by the town. ~h~Iow [know yours is already recognized by the building department as re-existing'.JiSo that new law wouldn't pertain to you. It would be for new applications and they are genet dealing with issues of size and scale. In other words, you want a convenience store that doesn't eclipse the principal uses of as a gas station. But you can read that, you will see at the end there is a specific reference in the back that excludes recognized stores. MR. SPANOS: Okay, all 1 just, I want to take care of this issue and add parking to the azea and so everybody can go about their business and be satisfied. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Hugh? Hugh Switzer, Peconic MR. SWITZER: Hugh Switzer from Peconic. I just want to thank the Board again for your continued support of us getting Goldsmith's Inlet back into shape and I also want to second, Scott, your comments about Mark Terry and the Planning Department. They are doing excellent work. Really high quality work and I want to thank them as well. And thank you all. COUNCILMAN ORLANDO: How did yow cleanup go the other weekend. MR. SWITZER: Then cleanup... SUPERVISOR RUSSELL: Was the 26's. COUNCILMAN ORLANDO: You had the ROTC going out there. MR. SWITZER: Oh, that was this Saturday. Suffolk County Department of Health Services ~ PERMIT TO OPERATE A TOXIC OR HAZARDOUS MATERIALS STORAGE FACILITY This permit will expire upon the date specified or upon a change of the operator. This permit is not transferable and is granted subject to compliance with the provisions of ArtJde 12 of the Suffolk County Sanitary Code and 6 NYCRR Part 612 - 6i4. This permit can be revoked upon failure to follow the applicable provisions of these parts or rnmply with any special conditions of issuance. All unauthorized or accidental releases of toxic or hazardous liquids must he reported to the Suffolk County Deparbnent of Health Services at 631-854-2501 and to the NYSDEC Regional Spill Office at 63144-0323. FII.E REFERENCE NO. FACILITY REGISTRATION NO. FACiLTTY NAME AND ADDRESS 13587 10-0012 PATRIOT GAS STATION & CONV STORE i coirvrlloNSOFISSUANCE: 11x0 MAIN ST t. The listing of storege faclities accompanying latest renewal notice is GREENPa'RT, NY 11944 hereby made part of this permit. 2. The ownerfoperator is responsible for all storage facilities listed in (t) above and that currently exist on site. OWN~R/ CORPORATE MAILING ADDRESS 3. All leak detection, ovefill and level alarm probes and panel boxes must be maintained in satisfactory working Condition stall times. 4. Alt monitorin wells, alarm systems and emergency equipment must be ZEYMAT TNC 9 checked periodiglly. A log of these checks must be maintained on site. 1100 MAIN ST 5. Inventory recoPos and monitoring equipment logs must be maintained on site and presented to a representative of the SCDHS upon request. GREEN PORT, NY 11944 6. Access to the site is hereby granted to representatives of the SC~HS for routine com liance ins ections Burin normal business hours. PERMIT ISSUING OFFICIAL ISSUING AGENCY AND CONTACT INFORMATION Division of Environmental Quality -Office of Pollution Control 15 Horseblock Place Farmingville, N.Y. 11738 i%y~,.w.~ ~7/.9~9 Tei: 631-854-2502 Fax: 631-854-1.505 DATE OF ISSUE EXPIItATION DATE COMMISSIONER 07/01/2011 06/30/2014 TffiS PERMIT MUST BE CONSPICUOUSLY POSTED FSI-890(Rev. 7104) NOTICE OF INSPECTION ~~~~3 New York State Department of Agriculture and Markets Division of Food Safety and Inspection oR 10B Airline Drive, Albany, NY 12235 DATE: o? EST. NO.: `7 7 J ~ 7 OWNER NAME: 7 P?~a~ 1-vtC "T" TRADE NAME: PA-E Tf a t~~AS d- dH ? r EST. ADDRESS: /I6tJ M.a.,; s ~ ~ t rre~H ~ f AJY/ /9 c,/ An inspection of your establishment was made today pursuant to provisions of the New York State Agriculture and Markets Law relating to food. A report of the Department's findings wilt be mailed to you within five working days. The results of the inspection show: The establishment in substantial compliance in that no critical deficiencies were observed ? Critical deficiencies which were corrected at time of inspection ? Critical deficiencies EST. REP'S NAME (Please print) t Q Cl ~ v TITLE ~G EST. REP'S SIGNAT E ' Get' s INSPECTOR'S SIGNATUR ~/(.rw(1 LD. # ~ PLEASE NOTE: A critics! defidency is a sanitation or food safety conditbn that must be correctedLmmediateh! h may result in the assessment of civt7 penalties and other action provided bylaw, indudmg admfnishattve hearing or court action. Article 28 of the New York State Agriculture end Markets l.ew requires a stay toad store to post a copy of the date and results of its most recent sanitary inspection in a conspicuous location near each public entrance. A retail food store may comply with this requirement by posting a copy of this Notice of inspection. If you offer tc glue any benefit thing or money to any employee of the department of Agriculture and Markets, your conduct wik be reported to your total police or sherdP5 department. ~ ? , _ GROCERY BEF,.R, TINE PROP I;ICE ~ EFFECTIVE DATE: 10/23/2009 SER'#AL ~1Bi616 EXPIRP.TION DATE: 11/3072'012 GOUNTY: SUFE'OLK CERTIFICATE 803807 x ow r s----1 THE LICENSEE DE&GNATED BEiON( IS HERESY OR?NTED PERMBBWN, l71•I[>Eti THE ALCOHOLIC BEVERAGE iAOI LAW TO TRAFFIC ~ W ALCOFK71dC 9EYERAGE PURSUANT TO Tf+E TYPE OF LICENSE BM)ICATFD IN THE UPPER LEFT HAND CORNER OF THIS CEFl7IFICATE AND ACOORdNO TO T'f~ STA'TUTES. AND REflULAT10N3 PERTAINING THERETO. I THIS LICENSE SHALL NOT BE TRANSFERABLE TO ANY g1HER PERSON OR TO ANY OTHER PREMISE9 OR TO ANY OtT+ER PART OF THE SUN.DIPIG CONTNNING SUCH LICEN8ED PREMISES: IT SHALL NOT BE DEEMED A PROPERTY qR VESTED RIGHT AND MAV BE REYCKED AT ANY TIME PURSUANT TO U1W METHOD OF OPERATION GROCERY STORE SELLING BEER AND~T7INE PRODUCTS FILING FEE $30.00 ZEYMAT INC LICENSE-.FEE $599.00 { PATRIOT GAS 1100 MAIN STREET GREENPORT NY 11944. ~ ~ ~y 1 I _ _ _ - DeChairmanen •BEFORE OOMMENCIN6 OR OOINN(9 ANY BUSBiE63 FOR TFE TR.IE FOR -WHICH TINS ilCENSE NAB BEEN ISSUED, THE SAN) LICQdSE SHALL i BE ENCLOSER W A SUITABLE MOOD ~OR METAt FRAME, HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR METAL BApC SO THAT THE WHOLE OF SAID LK~NSE'MAY eE SEEN TWEREIN, AND SHALL BE POSTED UP AND AT ALL TBAES dSPLAYED NJ A CONSPICUOUS PLACE N ~ THE 71COFA WHERE SUCH~USNJE38 IS GARRMD ON, BO THAT ALL PERSONS VISRINO SUCH PLACE..MAY READILY SEE THE SAME. 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YpRlf. _ ~ _ ,4'~•.1~ ~rs~iro NCe. ~'..drb ~s. 4''Y ~ t' - - y~OF ~ St<YV i °u' .PiS+.Y{ti~4~Y+ Y..rT 1~'~f-N 4 aJ. t1 ~ ~ ~/P•t~'plGK vq,yT`o`=(~' ieoo6R.c:c ~N 'Ta`<L .F'<' ~ 1 ' ~4 y LiCEt~ttitt~D ..fJ+&dF7~~511P.Y~.. ~ ~ 1-~~ - i , s1 r,.t°.`75-^I&2 w15~- ~cn.~q ,r: Vf. YP r.---".--- ' • ,.,o: ~l J ~ ~ Page 1 of 1 I Toth, Vicki ~ (o~ From: Gary Charters Sent: Wednesday, May 04, 2011 8:09 AM To: Toth, Vicki Subject: Spanos-AKA Brostar LLC Vicki, please pass this on the all members and also for privacy reason please black out my e mail address. Thank you, Gary M Charters Zoning Board of Appeals We moved into our house in 1988 at that time Rouses Deli on Champlin and Sterling was closing that store was the only connivence store in the neighborhood. Before I get into the pros and cons of this location with three seperate businesses on one piece of property I would ask that the records be checked from 1993 when Spanos was before the Zoning Board of Appeals and allowed a variance pre- existing non conforming to operate a gas station to dispense gasoline. A certificate of occupancy has never been issued for the variance that was granted at that time. I would also like you to make sure that the conditions set forth in 1993 were met as I believe they were never satisfied. I know there is a court case in the Southold Town Justice Court reference town code violations for this property maybe the application before the zoning board today should be postponed until the case is cleared. I would have liked to attend the Zoning Board of Appeals meeting but unfortunately have a prior commitment. Sincerely, Gary M. Charters 5/9/2011 w • ~ ~ Toth, Vicki From: Gary Charters Sent: Thursday, May O5, 2011 8:35 AM To: Toth, Vicki Subject: Spanos hearing Zoning Board of Appeals Members, the one and only reason I sent an email concerning this application is because I have a doctor's appointment at lOAM out of town. There are so many things to say about this application as this has been a torturous situation for the entire neighborhood. It's puzzling to me that a morning meeting on a thursday would be a fair time for all concerned parties to be heard I therefore ask that the hearing be postponed or continued so that I and maybe others may be heard in this matter. I look forward to hearing from you concerning this matter. Respectfully, Gary M Charters 1 R w a 2 ~ ` 1 /7J 2 ~ 4 41 T ~ 2 a W ~ ~ W Y _ • ~ ^$i o w ~ w V ~ ~ kN p Ty _ - m ~ ~ ~ ~N - N PO R 7 T C~-t ~ _ ~U Z wEB a ~ R 5 & Sl ~ 1 ~ z ~ FT MAN R PLACF 1 \ m m (f~~~~4' 1. ~i ~r\ c. ~ 7~1~7IT11~ . ` ` \ ' ~ ~ \ C~ oAO \ \ ,C\ x w 2 \ • H i 2 J 2 =W W N ~ m VILLA E 0~ ~o«NY Q RpgO Q GREENPOR 9 U 2 /~~11 ~ C ~ ~q SfM S~RgY ~ \ / U ~4~°/ T~ ~qN ~ ~ p ~ r < \ ~O i~~ \ ~D ~ Y' ~ FRANKLIN R/y `e ~e C~ek s e 4~ a~ p!oes pipe s 9 m ~~1/\9 9C ~ BU/LDING ZONE MAP OF Tl-FE TOWN OF" SOUTHOLU suF-~oLfc couNr~- NEW YORK SECT/ON "C" OF S/X SECT/ONS SCALE BOOI"T~//N. o /000 coop 3o oa 9000 ~ M 6KOEG - -LEGE`NO- srvisor ~A° Residcrrto%Ayricu/turo/ hcilnran "M"Liyht'Mu/tip/e Residcncc ® MAPPED NO~./8 /97O _ ~ VAN TiJYL 8. SON 7cilmdu IY!-I Ger~erm/Mu/hp/eRcs. ~ ~~y~` '7 JUS `!C: rr~n Light Business ~ L/c6NSE0 LANDS RV RS I'! ~f J S ; ~ ~ uB_ l"yCnel'}7/ B4S//~C.SS R~ENPOft "l'~ N• Y. ~'u~ ti : e `/C"Light /ndusfrio/ "C-/~~(ienera/ /ndusfrio/ ~¦1 ~ c° C Z Y ~~1 1 1 o Rd R~ ~ ~ y, T ~ _ A £ ~~~~r w P m 4~uuf - h'rl ~ - r r - _ - ~$e - - _ - y{~~~~~ . _ ~l P a, a-c Agricultural Conservation r~-ao Residential Low Density AA - R-eo Residential Low Density A R--,2o Residential Low Density B R-200 Residential Low Density C R-aoo Residential Low density D - Ho Hamlet f.)ensity kesidehtial R~ Resort/Residential Ro Residential/Office ~u Limited Business He Hamlet Business o. ~ General Business Mo Marine Business uo Light Industrial/Office Park _ u Light Industrial .r _ ~ ~ ~ ~ ~ - ~ ~ ~ ~-g' _ ~ - mew ~ ~ II 1 , i. 4 ~ / ~ • P Al _ % iF J 7 I ~ cV s - HD I ~ ;i~, I A-C ~ A- 8 0 L 1 f~ ~ - -eo I / ~ arc ~ i ~ . I / o A-C P_ L ~ 1 J / a aFaolr s i l ~ *w - i- -iFF ~ - i I' - r i - sll Wit. i II _ i r1 c~ ~ I ilI r ~ I r_ , a off iq~~~l ~ GREAT PEGON/C~ BAY I PROPOSED ZONING SUFFOLK COUNTY NEW YORK REVISED SEPL 23,1906 , MASTER PLAN UPDATE RAYMOND, PARISH,PINEa WEINER, ING-PLANNING ANU COMMUNITY DEVELOPMENT WNSULTANTS - TARRYTOWN, NEW YORK 1 - - - °l ~ ~ ~ ~ ~ ~ ~ • ~ ~ R ~ ~ ~ f` J rte, N ~ l~r ~ ~ • # - , J~ f~ ~ ~ ~ ~ ~ J r ~ ~ I~ ~~~r _ 'Y y r r ! y. ~ ~ y ~ ~ r y M ~ ~ r ~ r' ~.r f~ ll r ~ r j~~~ ~ D ~ F'jSN~RS /SL ANO O E'TR / L. Sc0 00 ~s/r L EG EJV O A " RES/DENTlAL ~ AGRI.O "C~' /NOUSTR/AL ~ /Yl~~aped ~ucf. /956 - OTTO W. I~RN TUYL ~ SUN . ; L icenscd L and Survcyors . ~ - ~J~-j7.' ~~s~~ ~ q h 4 G A R p / N E R S B A Y x v e ~ s {ar ~ easy Z 1 ~ ~ ~ F/SHERS ISLA/JO Scs/a 2ao0 - -,_,a~ _.v....,- - PR O F'~ O S E O APProv<d ?u/J. 3/, /956 ;DING ZONE MAP .SOUTf/OLC TOWN ZON/NG COMM/SS/ON COMM/,53/ON: SeereYsry r' v O~ SO U THOL D ?ohn Wickhom, Chairman Robert W. G%//ispi~ Jr TOVYN BOH RD Char/et Von Cuter Norman E. K/i~P -Sopervisar >LK COUNTY NEW YORK Serye Ooyen,?r Rw/Pte w. Tufh//J Hoio/d R. Reeve Lester M.A/berYyon Henry A. G/erk SCALE /N FEET Ad~tPd G~oi 6''1 /9sY7 Lauir A. Oemarcst . . i ~ ~..,«~c i~` ~c ~t~,~ E. fbriyEdrarde supcrvis~i Roph P. Bidh - Tewn clerk o ownedFYopeilyond O//T/p/LaadJ J{/aU GL COgS/dCisGYaneG%n /'he l~: '-"--~~-I'. %-~>r=-i. vnOAyriiu/hrs/Oislriet.'B"BusixsaZu'esaz2Ll~Ge./v<xnP~ss.s/bwn. '~row.,G/crk a-c Agricultural Conservation ~-aa Residential Low Density AA R-ao Residential Low Density A R--,2o Residential Low Density B R-2o0 Residential Low Density C R-aoo Residential Low C~ensity D - Ho Hamlet I:)ensity Ftesidehtial RR Resort~Residential Ro Residential/Office ~u L_imited Business Hs Hamlet BUSInPSS B. ~ General Business nna Marine Business Rio Light Industrial%flffice Park _ Light Industrial ,f r l--` li] ~ la •--1 ~ ~ ~ - ~ ~f ~ ~ TL4rw i - ~ _ ~ ~ _ ~ r - r ~ 3 - ~ ~ ~ - BU/LD/NG ZONE MAP OF Th! T TOWN DF- SD~.ITHOLD Su FFOLK G bUNTY NEW Yo~K ff N SECT/ON j~ nF S/X SET/ONS SGALE 800I,"T.~ //N. i p /000 10D0~- Jo Op 4p oo AM ENOEO - .JUNE !2 ~ 1979 MACh:H f°; 19>3~ JULY 7,1982 FEB. i;4, l9?7 JULY lZ, 1988 I I -LEG6N0~ ~ ~ 5u ervlsor `A" Resiilmto%Ayritu/taro/ ~ I / ~ ~ MAVVEO Nov.18,v970 ~%olsr r~,_..-- "/ynLighP'Mu/tip/e Residence COUYIGI%rrldq _ ~ VAN TUYL B. SON ~ Councilman `lVl-1"Genero/Mu/fip/cRcs. ~ (Q.~`./:.,, ~~...,t, town Justice "8" Light Business ~ ~~c~~a [..anio sGfzvcrpRs - - GREENPOR T, N-Y. Town Jusfire "B-1"Genera/Business -<~_Q,i~.~-- Town JustiGC "C"Light/ndusfria/ "C-/"Qeneva/ /ndusl"r-ia/ v 'AND" Aff-oru4blz Horain" ~~ti ~ ~r 1~ ~ ~ ~ ~ h~ ? ~ T ~ r~ L- E G ENC7 ~A" Resiu`cr~to%Ayriculfurn/ "M" L ighf'/YIa/trp/c Residercc ~ M•A~'P~ ° Na v. /Sa x.970 \/n9l~! TCJYL SoN . "lYl-! Ger~er-o//~Iu/~iple Rcs. ~ "B'3 L.%9f-rf Busincss Li~Enrs~"v LAND SVKY~YoRS `iB' l }'Geraerr~/ Busincss G ~ ~'E~OPOR -r, i1I. 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P~R _ T `r-°-~ - R-80 - w~ - : ~ ~ S sr ~ > - a v~ ry~RrN - ~ ~ ~ ~ . , ~Tq, _ _ g Rf ~ N o~ v - o _ ~ _ _ - ~ - 2/ ~ ~ ~ z ~ 4 tlJ x ~ z a ~ ~ w ~ ~ a WAY ,~D.~ • O e~~ W i1 w V ~ ~ kN p Ty m f ~ 1 N ~E NPOR e- - T ` ~ / T z ~S,~wE68 ~ t~ 17T1M-„LIIF-I ~ A ~ S <(L_/!~T"nJ~ sP ''.,LLL~ WiJ//„1`?J~(i17LL7f1 1 ? z j f A PLACE 1 \ m ~oR ~ 1 ~ ~ ~ Py ~ 9qo v STRFF ~ ~ y`~ ~ r y _ e ~ ~ ,pc't` ~.`~+</.C\ nip a ~ ~ P\~/ V \l i a • , \ ~ ~ , \ 8 , ' J , ` ~ \ \ \ J \ \ ~ ,j GREENPaR Q s I rr „ $?A?S I ^q ; ~ r I ~ / b ~ ` r ~ ~ ~ ~ 11 I MS ' FRANKLIN /y Gam; r ~ \ T ~ .A I a 1 a g 4 ~ _ ~ _ ~ k ~ h ~ E twit rte, +~y ~ r + ~ • i ~ ry f~~~~~ r ~ ' f r y-' f r f ~ r s f . + _ _ ~l4uLJ u N g w -40 ~ y R-ao ~ F > u D ~ n 'l ~ Z o 3 M NTH 4 R p 0 ~8 I D~ w RO -RO HD ~ _4 ~ S~4TE r g a cry ~~T C m ~`IEM ryG G - - P R. _ T • - - : ~ ~S . _ ~ sT , ~ - ~ - _ - ' ~ Aq - ~ 4~ N - ~ r ~,qrh _ - ~ - _ c, .'-'~74RE - - ~ qL ~ ~ ,u ~ ~e ~ ~ F ~ Q N ~ ~ U ~ - ~ ~ oq _ ~ a MB o- 4 - - ` T ~ 5 P ~ - - ^ ~V` A~7 _ k~~ ~Le ~ ~IVED ~ .h ~z~,.:, JUL 13 2011 #1o2sa A BOARD OF APPEALS 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 30th day of June, 2011. au~•-- r Principal Clerk Sworn to before me this /i day of 2011. LEGAL NOTICE 11:00 AM MICHAEL and EL• _ SOUTHOLD TOWN LEN CARBONE 46483 -Request for / ZONING BOARD OF APPEALS Variance from Article III Code Section , ~ f ~ 1 j THURSDAY JULY 7, 2011 280-15 and the Building Inspector's May c, J U!l VVVIII/// VVVIII~~~ l~- PUBLIC HEARUVGS i NOTTCE IS HEREBY GIVEN, pur- 20, 2011 Notice of Disapproval based suant[oSection267oflheTownLawand on an application for building permit `CHRISTINA VOLINSKI Town Code Chapter 280 (Zoning), Town [o construct an accessory garage at 1) r4pTARY PUBLIC-STATE OF NEW YORK of Southold, the following public hear- front yard setback of less than [he code logs will be held by [he SOUTHOLD required 40 feet, location: 1580 North No. Ol-V06105050 TOWN ZONING BOARD OF AP- Bayview Rd. (adj. to Goose Creek) guOllfied In Suffolk County PEALS a[ xhe Town Hall, 53095 Main Southold,NY. SCTM#lUW-70-12-34. ,.4v ~,°,~MSalon Expires GwbWpry 24, 2012 Road, P.O. Box 1179, Southold, New 11:20AM-EDWIN J. PISAN[#6452- York 11971-(1959, on THURSDAY Request for Variance Gom Code Article JULY 7, 2011: XXII Section 280-1168 and the Build- Carryover Hearings, continued from 'ng Inspector's May 31, 2011 Notice of prior meetings and pending additional Disapproval based on an application for information: building permit for additions and alterr Adjourned from Public Hearing June Woos [o an existing dwelling at I) less 2, 2011: than the code required setback of 75 feel 9:30AM - ANDREW GREENE from a bulkhead, located at: 7180 Pecon- p6387 is Bay Blvd.,(adj. to Great Peconie Bay) 9•SOAM -ROSE L. MILAZZO RE- laurel, NY. SCTM#1000-126-11-9.1 VOCABLE TRUST N6471 ll:SOAM - JAMES and JANET 2A0 PM - BROSTAR, L~,C MrA63 1030AM -MICHAEL SCHAEFER D'ADDARIO 86981- Request for Vari- The Board of Appeals will hear all d6480 -Request fo[ Variance from Code once from Code Section 280-123 and the persons or [heir representatives desiring Section 280.13 based on an application Bulding Inspector's May 19, 2011 No- to be heard at each hearing, and/or desir- forbuildingpermit td build asports court uce of Disapproval based on an applica- ing to submit written statements before on a vacant lot, and the Building Inspec- uon for building permit for. additions) the conclusipn of each hearing. Each tor's March 2, 2011, Amended April 18, .alterations [oa~on-conforming building hearing wi0 upt smrt earlier than desig- 2011 Notice of Disapproval stating that aq 1) a nonwnforming building conmin- noted abova?~Tjes are available for re- the sports court is not permitted on a i larged unlceess [he1use of such buildings prior ao the dayuof theshearigulf you vacant lo[ (without a principal dwelling), changed [o aconforming use, [-ovation: have questions,~'please contact our office at: 760 Hill Crest Drive North, Orient, 18905 Peconic Bay Blvd., Laurel, NY. at, (631) 765-1809, or by email: Vicki NY SCTM#1000.13-2-8.22 $(--rMg1000-11b-0-17.2 To h(d'Ihwn Sn rth°Id n rc lOMOAM -SCOTT and JWLIA OS• Carryover Hearings, continued from Dated: June lf~ 3,r2011 ~ LER 16478= Request for Variance from prior meetings and pending additional ZONING BOARD OF APPEALS Article xXIJI (`,tide Section 280.124 information: LESLIE KANES WEISMAN, CHAtR- and the Building Inspector's March 28, Adjourned from Public Hearing PERSON 20] 1 Notice of Disapproval based on an March 3, 2011: BY Vicki To[h application for building permit to con- 1:00 PM - BENALI, LLC 1f6422 54375 Main Road (Office Location) s[ruct a screen porch addition [o a single Adjourned trom Public Hearing May 53095 Mein Road (Mailing/USPS) family dwelling at 1) side yard setback 5, 2011: P.O. Box 1179 of less than [he code required IS feet, 1:30 PM -MARY BETH HENSON Southold,NY 11971-0959 at; 2145 Haywaters Road, Cu[chogue, #6461 10298-1T 6/30 NY. SCTM#1000-111-7-3 BOARD MEMBERS ~ ~O f $f)Vl • Southold Town Hall Leslie Kanes Weisman, Chairperson ~ ti~ 53095 Main Road • P.O. Box 1179 ,`O Southold, NY 1 1 97 1-0959 James Dinizio, Jr. Office Location: Gerard P. Goehringer G C Town Annex /First Floor, Capital One Bank George Horning '.7`0 ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider lyCpU~ Southold, NY 11971 http://s outholdtown. north fork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 5, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 287 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing 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, MAY 5. 2011: 10:00 AM - BROSTAR, LLC #8483 -This is a request under Section 280-145D for an Interpretation of the Town Code, Article XXIII, Section 280-121, "Non-Conforming uses", appealing the Building Inspector's February 1, 2011 Notice of Disapproval for a permit for operation of a convenience store/service center/gas station in pre-existing gas station/service station, at: 330 Main Street and Champlin Place Greenport, NY. SCTM#1000-34-3-22. 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 contact our office at (831) 785-1809, or by email: Vicki.Toth(a~Town.Southold.nv.us . Dated: April 8, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 ~ • NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BROSTAR LLC #6463 MAP # 34-3-22 VARIANCE NON CONFORMING USES REQUEST INTERPRETATION DATE: THURS, MAY 5, 2011 10:00 AM 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 • • ~~~b~ Mailing List 34-1-16 Lidya Buzio 1111 Main Street Greenport New York 11944 34-3-21 Nikolaos Spanos and James Spanos 1600 Bay Avenue East Marion, New York 11939 34-3-23 Anna Cisterno 324m Champlin Place Greenport, New York 11944 41-1-11.1 Michael T. Quillin and Krista M. Quillin 1195 Willmarth Avenue Greenport, New York 11944 41-1-12 Patrick Walden and Robin Walden 980 Cedarfields Drive Greenport, New York 11944 41-1-13 Philip Doucett and Ece Doucett 150 Main Street Greenport, New York 11944 ov er- _ .:6 i S g~~y~*i ~ l1SE ~ ~ 10.44 m ~ rR Postage $ EN~iPOO'' ~ Posta9e $ f0• 1~ 4a ~ .!1 CeNPed Fee 12• ~'19~--Pd6 _ `.t~1 Certified Fee ~l m H4te 4 /Y~{( m q astmerk Retum ReceiW Fee 12 p Return Receipt Fee ~ ~ 3 [O~~ Here ~ (Entloreement Requlretl) R 13 2Ol I p (Endorsemem Required) p Reatnaed Delivery Fee ~ ° ReatrkAed Delhlery Fee 10. (Endorsement Required) dd~~ p (Endorsement Required) 04/13/2011 ~ Total Postage 8 Feee ,p 13.34 11 ~ Total Poetege 8 Fees ~ 13• $ P 5 ~ ant TO ~ Z i ,O ~ gnt a , 1 r . .q........ . ° L . tf_ 0.1 i ~51(YJ 41 ~~v _ ~ Street._AVf_No.. ~n 5~ or PO Box No. lS}1.....~~._~~I..._J.l.-~-G 11 ,,~~yy~~ M1 aPO Box No. ~ II I r"~.'~..._ !l/I ~ , sale, nwa 19 a C Slate, ZIP+9 6~ :r. rr. .e ee ~ e ~ ~ ~ ~ e e. ~ eO a. e ~ ~ • r ~ _ ° ~ ~ ll~E ~ 1 ~ `O 10.44 EHr c Postage $ 10.44 N n oR ~ Postage $ ,,vga4-9gr~GL u' V ~ a06~ T 12.~ Vb Cerllfietl Fee p~']i,_ ~ `n Certified Fee (Tt sw Postmark ° Ratum Receipt Fee '~iera m PF 1 3 2@f? p (Endorsement Required) A ~ 3 ~~'I p Retum Receipt red) 12. ° p (Entlorsement Req Restdcletl Delivery Fee ° Restricted Delivery Fee ° (Entlorsement Required) ° (Endorsement Required) C` 04/13/ZOj1 M1 Q ~ ra Torel Postage 8 Fees rp ~ total Postage 8 Fees ~P 1^~ ~ r r ~ ant o t ~ . - . p ..1 ~ _ 1~ y T~ 1L~ Srre o.; C ~jregt, ~l. No.; Q or PO Boz No. I .1.~1- 0 - - ~ or PO Box Na. Ci Stare, ZW.4 J. :r, . .e .e M1 • .D tl'1 • ° g j~~ EA~'frW~~'f1Y~1 ~ m Q. a $ 10.44 0944 m ~ $ , 40~~~ . ~ Postage V. Postage ~ ~ 9 Cenltled Fee 12.80 ~ Cemfietl Fee 1 302OIIPgstm r~fai. fT'1 Postmark m He ° Return Receipt Fae 12•~ Hare p Return Receipt Fee p (Endorsement Requred) p (Endorsement Regwretl) ~ p p Restrictetl Delivery Fee , ResVictetl Delivery Fee ° (Entlorsement Required) - ° (Endorsement Required) P$ 13 34 O[F/13/,[01 r cc 45.34 /13/2011 r" C ~ Total Postage 8 Fees .p ~ Total Postage & Fees .p ~ may, p yyy~~~yp ri ~ ant o C C ~USL[1l.- nl /^y/ ~ .e... oA J/1~ f1.~ .p ,tt5~. j~~ ~1 ~ Stree[~YJO.; ~~b p orPO BU~NOI . ° orPO Box Na. d`~...... ?l.<-_ M1 ....................~.~~1._..L.C-}C~~.~~.1^.~. p,Stefe. zlPla r" - - J ( ~ ~ ~ ci sere, Iv.a i~r1~~ ~ ~¢k :r rr. :rr rr. I • I I ~ 63 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regazding Posting of Sign upon Applicant's Land Identified as SCTM Pazcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) ) I, yr: e.b ~U.YI~ ~ residing at ~~t7c7 ~~nU /~~P ~r,~T j~(JI (~'~I~ 11~3~ ~~11 ,New York, being duly sworn, depose and say that: On the of ~ day of rl~ , 201 I , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my 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 (7) da prior to the date of the subject hearing date, which heazing date was sho to be d 01 y,-s~° ignature) Sworn to before me this a'', Day of ~pfl , 2011 11 MATTHEW C. MCCORMICK NOTARY PUBLIC-STATE OF NEW YORK Otazy PUb11C) No. O1MC6130270 Guallfied In Naasau County Commisslon Bxpin~ 1UIV 1B, 20~9j * near the entrance or driveway entrance of my property, as the area most visible to passerby. ~ • ~~~3 ZONING BOARD OF APPEALS 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: htto://southtown.northfork.net April 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, May 5, 2011 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 April18tn_ 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property 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 arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Oflice, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 April 27St: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May 3, 2011. 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. 10207 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 21St day of April, 2011. Principal Clerk LEGAL NOTICE SOUTHOLD TOWN ZONING j~ BOARD OF APPEALS hIS ~ 'Y day of 2011. THURSDAY MAY 5, 2011 / PUBLIC HEARINGS ' NOTICE IS HEREBY GIVEN, pur- suantto Section 267 of the Town Law and application for construction of an acces- ~ i Town Code Chapter 280 (Zoning), Town sory two car garage at; at Icss than the /~j( of Southold, [he following public hear- oode required side yard setback of IS G„CC/ °CC[[////// ings will be held by [he SOUTHOLD feet, aC 1260 Broadwaters Road (adj. ~r~" TOWN ZONING BOARD OF AP- to Broadwaters Cove) Cutchogue, NY. PBALS at the Town Hall, 53095 Main SCTM#1000-104-9-4.2 CH°ISTFNA VOLINSRI Road, P.O. Box 1179, Southold, New 11:30 AM -BARRY and CAROL NCiTARY PUBLIC-S?.RiE OP NEW YORK York 11971-0959,on THURSDAY MAY SWEENEY 86462 - Rcqucs[ for Vari- NO. Ol •VOb~O6O60 Si201L• ante from Article XXIII Code Section ~ 10110 AM - BROSTAR. LLC 06463 280-124 and the Building Inspector's e'1UOIIfl•0 in SUffOlk County - This is a request under Section 280- February 22, 2011 Notice of Disapproval My CommISr100 ~apnaP p•btOdry Z0, 2012 146D for an Interp[etation of [he Town based on an application for a building Code, Article XXIII, Section 280-121, permit [o constmct additions and alters- t<egumr Hearmg Continued: Z~DPM-FRANK ..tROSFMARy "Non-Conforming uses", appealing the [ions, including raising the dwelling for 1:30 PM -MARY BFTH HFNSON MONTFr.FONF N64(d Building Inspector's February 1, 2011 FNMA compliance, to a single family -Request for Notice of Disapproval for a permit for dwelling at I) rear yard setback of less Request for Variances from Art. Variance from Code Article XXII Sec- ope[a[ion of a convenience store/service than the wde required 35 feet, 2) lot XXII Section 280-116A(1), Att. XXIII [ion 280.116B and the Building Inspeo- center/gas station in pre-existing gas sta- wverage of more than [he code required Section 280-124 and Art III Section 280- tot's July l3, 2010, Updated February [ion/service station, aC 330 Main Street 20%, at; 2395 Jackson S[ree[ and Second 15F and the Building Inspector's Dec. 9, 25, 2011 Notice of Disapproval based and Champlin Place Greenport, NY. S[ree[ New Suffolk, NY SC"I'M#1000- - 2010, Updated February 25, 2011 Notice on an application for building permit for 117-9-25. of Disapproval based on an apphca- as built additions and alterations at 1) SCTM#1000-34-3-22. [ion for building permit [o construct al- two decks a[ less than the code re aired 10.30 AM -DOUGLAS and ELLEN 11:45 AM • CHRISTINE CONTE- tera[ions/additions, accessory in-ground setback of 75 feet from a bulkhead, lo- CIAMPA #6467 -Request for Variance BOUTIS 06465 -Request for Variance swimming pool and decks at; l) less than cared at: 850 Blue Marlin Drive (adj. from Art. XXII, Code Section 280.116 from Code Secton 2$0-124 and the 100 foot setback from to of bluff for to Shelter Island Sound and the Building Inspector's March 1, Building Inspector's February 4, 2011 P )Southold, NY. 20]1 Notice of Disapproval based on Notice of Disapproval based on an appli- alt/add, 2) less than [he minimum code SCTM#1000-57-1-30. an application for building permit to cation for building permit existing deck required side yard setback of 15 feet, 3) The Board of Appeals will hear all demolish existing dwelling and constmc- addition at; less than the code required less than the code required combined persons or their representatives, deser- tion o[ asingle family dwelling al; 1) less minimum side yard setback of 10 feet, ah atde yards of 35 fee[, 4) Awessory steno- ing to be heard at each hearing, and/or [ores proposed location other than the desiring [o submit written statements ' than the code reyuired setback of 75 1020 Ruch Lane (adj. [o Arshamomaque feet from a bulkhead, aC 4380 Paradise Pond) Southold, NY. SCI'MOI000-52-2- code requited front yard on water front before [he conclusion of each hearing. property at 3300 Sound Drive (Adj. to Fach hearing will not star[ earlier than Point Rd., (adj. to Shelter Island Sound) 73.1 Long Island Sound) Greenpor[, NY designated above. Files are available for ' Southold, NY. SCTM#I WO-81-3-6. 12:00 PM • PAUL and LINDA WOL- lOSOAM-DAVID J.VERFI'Y X6470 FROM 0ld6S -Request for Variance SCTM#lOW-33-1-6 review during regular business hours -Request for Variance under Article IV from Art. XXIII, Code Section 280.124 and prior [o [he day of the hearing. If Sermon 280.18 and the Building Inspec- and [he Building Inspector's March 1, you have questions, please contact our tot's March 23, 2011 Notice of Disap- 2011 Notice of Disapproval based on office at (631) 765-1809, or by email: proval based on an application for build- an application for building permit for Vicki To[h@T - S rh Id 1 ing permit forasubdivisioq at:proposed reconstruction of existing single fam- Dated: April ll, 2011 Lo[ 1; 1) less than the wde reyui[ed ily dwelling at; 1) less than [he code ZONING BOARD OF APPEALS minimum lot size of 4QOW sq. ft., 2) less required front yard setback of 35 feet, LESLIE KANES WEISMAN,CHAIR- than the code required width of 150 lin- aC 1650 Fleetwood Rd., (Betts St.) Cu- PERSON ea[ f[., 3) side yard setback at less than tchogue, NY. SCTM#1000.137-5-13. BY: Vicki Totl ' the code required 15 feet, proposed Lot Carryover Hearings, confinued from 54375 Main Road (ORn London) ' 2; 1) at less than the code required mini- prior meetings and pending additional 53095 Maio Road (MaiOay/USPS) mum lot size of 411,000 sq. ft.,2) less than informafion: P.O. Box 1179 [he code requited width of 1501inear ft, Adjourned from Public Hearing 9onthold, NY 11971-0959 at; 865 Nokomis Rd. (Hiawatha's Palh), March 3, 2011: 10207-1T 4/21 Southold,NY.SCTM#l0IX)J8-3-26. 1:00 PM -GEORGE and RUB} 11.10 AM-THOMAS FRENZ 06466 GAFFGA Y643S ' - Requesl for Variance from Article III Code Section 280-15B and [he Building Inspector's February 4, 2011 Notice of Disapproval based on a building permit BOARD MEMBERS ~OF $QUT Southold Town Hall Leslie Kanes Weisman, Chairperson y~ y~ 53095 Main Road • P.O. Box 1179 ,~O Southold, NY 11971-0959 James Dinizio, Jr. ~t Office Location: Gerazd P. Gcehringer G C Town Annex /First Floor, Capital One Bank George Homing ~ ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~'~'CQp~y,~1~ Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~ Tel. (631) 765-1809 • Fax (631) 765-9064 MEMO MAO - 9 2011 TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: March 9, 2011 SUBJECT: Request for Comments ZBA #6463 - Brostar LLC As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA 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 PLANS PREPARER ZONE DATE DATE STAMPED BROSTAR 34.-3-22 #6483 2-1-11 280-121 LLC amended 2-28- 2004 Your comments are appreciated by April 18, 2011. Thank you. Encls. BOARD MEMBERS ~O f S~Ur Southold Town Hall Leslie Kanes Weisman, Chairperson y1 y~ 53095 Main Road • P.O. Box 1179 ~O Southold, NY 1 197 1-0959 James Dinizio, Jr. ~ l~t Office Location: Gerard P. Gcehringer G Q Town Annex /First Floor, Capital One Bank George Homing ~ ~ ~ 54375 Main Road (at Youngs Avenue) Ken Schneider l'yC~~C~ Southold, NY 11971 http://southoldtown. northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 March 8, 2011 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 #6463 Owner/Applicant: Brostar LLC Action Requested: Additions/Alterations & FEMA compliance Within 500 feet of: ()State or County Road ( )Waterway (Bay, Sound, or Estuary) ( )Boundary of Existing or Proposed County, State, Federal land. ( )Boundary of Agricultural District (X) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By:o~~ Encls. BOARD MEMBERS ~F $~Vr Southold Town Hall Leslie Kanes Weisman, Chairperson ti~ 53095 Main Road • P.O. Box 1179 l0 Southold, NY 1 1 97 1-0959 James Dinizio, Jr. ~ ~ Office Location: Gerard P. Gcehringer G Q Town Annex /First Floor, Capital One Bank George Homing ~ ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider ly~~~ Southold, NY 11971 http://southoldtown. northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Faz (631) 765-9064 August 19, 2011 Michael D. Solomon Solomon & Herrera, PLLC 2950 Hempstead Turnpike Levittown, NY 11756-1468 Re: ZBA Application #6463 - Brostaz, LLC Deaz Mr. Solomon: Transmitted for your records is a copy of the Boazd's August 18, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regazding the above application for interpretation. If you have any questions, please call the office. Sincerel , Vicki Toth Zoning Boazd Assistant Encl. Cc: Building Dept., Planning Dept. 0 6u ,6a or .e.u u. 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