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Home My WebLink About4195TOWN OF SOUTHOLD, NEW YO~K APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i, (we ................. Nome of Appellant Street and Number ...C...u..t..c...h..o..cj.u...e. .......................................................................... .N...Y.....~ ............ HEREBY APPF~L TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPFCTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....$.~Jr,,.~]2.e...r...2,.~..¢...~...~.9.~. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( ) Kevin McLaughlin a/c Petrol Stations Ltd. Name of Applicant for permit of 25235 Main Road, Cutchogue, NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY 25235 Main Road, Cutchogue, NY RO &R-40 Street /HamJet / Use District on Zoning Mop .District 1000 Section 109Block 1 Lot 23 . .......................................... 2..Current Owner Petrol stations Ltd. Map No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- · .section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII Section 100-72 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to la~k of access (State of New York Town Law Chap. 62 Cons. Loews Art. 16 Bec. 280A Subsection 3 () · -4. 'PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision Of the Building Inspector or ~vith respect to this property. ' Such oppe¢~l was ( ) request for o special permit · . [ ) request f~r a variance .. ~nd was made in Appea! No ................................. Dated "-'t ............. : .......... · ........................................ REASON FOR APPEAL " ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance -is requested fo'r the reason that there presently e×i~t on the .s~hject premises a real_ estate office with. second floor resi.dence in the front building'located on ,~_~ ~roposed Lot ~4 of the 'proposed subdivision and an architect's office~ ~r~ A~ a result, 'the Building Department has determined that there is insufficient total .area.for these uses on proposed Lot ¢4 and, therefore, an area variance · i~ required. (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because the uses as outlined above currently exist on the subject premises and are located within the RO zone. The remainder of the subject premises are located within the R-40 zone and, therefore, not appropriate for commercial purposes. 2. The hardship createdis UNIQUEandisnatshared by all prope~ies alike in the immediate vicinity ofthis property and in this use district because the subject p~emises are already improved by the uses outlined above and the premises are located partially in the R0 zone (approximately 30,000 sq. ft. of proposed Lot ~4), with the balance of said premises in the R-40 zone. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE D1SIKICT because the u~es in the immediate area are mixed· residential and commercial. Additionally, .the proposed area variance would have no effect on the existing uses'of the subject premises, which ~ould remain as presently exist on the site. PETROL STATIONS LTD. .'" . ........... .~ ,......~.... v. -..~.~.... --. --- COUNTY OF SDFFOLK) .................. Signature '" ~ Kwnrn t~ lh~ ~ of ~ ~ember ................ · ,. ...... ....~.....- ...... ,.,...,.,... -,..Y ...... D .................................... 19 9:~ GORMAN - PETROL GROUP Service Stations Love Lane, Mattituck, N.Y. 11952 516- 298-8478 August 23, 1994 Southold Town Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Gerard P. Goehringer, Chairman Re: Petrol Station Ltd. at Cutchogue (SCTM: 1000-109-1-23) Lot Area Variance application Dear Mr. Goehringer, We have been unable to come to an agreement with our neighbor regarding the location of the right of way for our subdivision application. Therefore, we have decided to have our map redrawn so that the improved lot will have a lot area of 120,000 square feet to comply with its three uses. Since we no longer require a lot area variance, we therefore request that our variance application be withdrawn. Very truly yours, PETROL STATIONS LTD. Michael E. Gorman PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFIC TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-I 938 TO: FROM: RE: '~erard P. ~oehringer, Chairman, Board of Appeals Richard G. Ward, Chairman ~ Proposed Site Plan for Petrol Stations Main Road, Cutchogue SCTM9 1000-109-1-23 DATE: August 24, 1994 As requested in your memo of August 22, 1994, attached is the site plan for the proposed relocation and reconfiguring of the parking lot for the above referenced project. GORMAN - PETROL GROUP August 23, 1994 Southold Town Board of Appeals Town Ha]], 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Gerard P. Goehringer, Chairman Service Stations Love Lane, Mattituck, N.Y. 11952 516- 298-8478 Re: Petrol Station Ltd. at Cutchogue (SCTM: 1000-109-1-23) Lot Area Variance application Dear Mr. Goehringer, We have been unable to come to an agreement with our neighbor regarding the location of the right of way for our subdivision application. Therefore, we have decided to have our map redrawn so that the improved lot will have a lot area of 120,000 square feet to comply with its three uses. Since we no longer require a lot area variance, we therefore request that our variance application be withdrawn. Very truly yours, PETROL STATIONS LTD. Michael E. Gorman Page 23 - Board of Ap~als Minutes of September 7, 1994 V. OTHER/MISCELLANEOUS: A. On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to approve the Minutes of the following Meetings of the Board of Appeals: July 14, 1994 Regular Meeting June 24, 1994 Special Meeting June 13, 1994 Special Meeting June 8, 1994 Regular Meeting. Ayes: Messrs. Goehringer, Doyen, Dirdzio, and Villa. (Member Wilton was absent. ) Volunteers or Chairman's appointment of two ZBA Members on Sub-Committee for lot merger concerns and new code revision proposals. Sub-Committee to meet on Fri. 9/9 at 3:30 p.m. and again at the Sept. 16, 1994 Code Review Mtg. Both Members Dinizio and Chairman Goehringer volunteered as the sub-committee pertaining to the merger (substandard lot) discusaions/draft preposais. (Member Villa will be away on September 16th.) C. PETROL 1000-109-1-23 (six and uses as noted for Nonconforming letter from Petrol 4195. The August STATIONS, LTD, owner of property identified as acres and improved with two existing buildings, in the "December 31, 1986 Certificate of Occupancy Premises No. Z-15156'). The Chairman received a Station, Ltd. requesting to withdraw Appeal No. 23, 1994 letter to the Chairman states: ...Dear Mr. Goehringer, We have been unable to come to an agreement with our neighbor regarding the location of the right of way for our subdivision application. Therefore, we have decided to have our map redrawn so that the improved lot will have a lot area of 120,000 square feet to comply with its three uses. Since we no longer require a lot area variance, we therefore request that our variance application be withdrawn... Very truly yours, PETROL STATIONS LTD. Michael E. Gorman... " Page 24 - Board of A~als Minutes of September 7, 1994 It was noted that the Building Inspector will need to further research what the applicant's letter meant "three uses," particularly since the Pre-C.O. states: ~...Preperty contains 2-story, one-family wood framed dwelling; two-story shop, wood-frame garage; 2 sheds; all situated in the 'A' Residential Agricultural Zone with access to Main Road, a State Road... " It is not known whether the real estate office preexisted the zoning ordinance. It is possible that it was not added until the mid to late 1980's - without town permission since Z.B.A. approval would have been necessary in the "A" Residential Zone District at that time. In 1989, the Master Plan was amended, changing the zoning to RO Residential Office, with the prevision that office use as a principal use requires Special Exception approval. (No record of ZBA action was found for either a Special Exception or use variance, and there may be a possibility that the owner may be permitted an accessory home office use, as an accessory to the residence, since the residence preexisted zoning in 1957 according to the Pre-C.O. This would be a determination of the Building Inspector and the owner, pending on the plan fried for his consideration. The Board Members agreed to grant the applicant's request to withdraw the application pertaining to lot size (lot area) with the understanding that the new plan or map will meet all zoning requirements satisfactory to the Building Inspector. The application was declared withdrawn. The Chairmnn confirmed the next Regular Meeting to be Wednesday, October 5, 1994 commencing at 7:15 p.m. for the work session and 7:30 p.m. for the Regular Meeting and Hearings. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 10:25 p.m. Respectfully submitted, Linda F. Kowalski Approved - Gerard P. Goehringer A-C HD MEMORANDUM TO: FROM: DATE: RE: Chairman, P18nning Board Chairman, Board of Appeals August 22, 1994 Petrel Stations - Preposed Subdivision Road New Site Plan Application (1994) Would you please coordinate the above preject with our Department. The project apparently is now appearing on your board's calendar. We were just this afternoon contacted with an inquiry on the layout on the map, and found that this map was not coordinated either under SEQRA or threugh normal procedures. The Board of Appeals would like to review the map before it it given final appreval. Thank you. 1050 Ycunc3s A%~., ~O Box 1210 South)id, New York 11971 March 3, SOUTHOLD TOWN BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Pending Application - Petrol Stations Ltd. Dear Mr. Goeringer: Please be advised that the applicant and the next-door neighbor are still in the process of finalizing a plan acceptable to all, so that same can be submitted to the Southold Town Building Department for review and issuance of all necessary Notices of Disapproval. We would then be in a position to seek all necessary relief from your Board and to consolidate same with the pending application. Please hold the pending application in requests for relief can be consolidated. If you have questions in this regard, please feel free to contact cc: Petrol Stations, Ltd. Richard F. Lark, Esq. Ver abeyance until all any Present: BOARD OF ZONING APPEALS TOWN OF $OUTHOLD December 8, 1993 HON. (7:30 p.m. Hearings Commenced) GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member CLAIRE GLEW, Board Asst. pro tem Page 2 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPL. NO. 4202 4205 4203 4204 4195 4199 4206 INDEX Applicant ROBERT AND JACQUELYN OBERLIN SALVATORE VINDIGNI. ROBERT E. BIDWELL JOHN CROKOS PETROL STATIONS LTD. PETER PSYLLOS GARY AND CAROL FISH Paqes 3-5 6-9 10-25 28-32 33 33A-42 43-46 Page 33 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPLICATION NO. 4195 PETROL STATIONS LTD (8:00 p.m.) THE CHAIRMAN: We have a carryover on Petrol Stations Ltd. Is there anyone here for Petrol Stations? (There was no response.) THE CHAIRMAN: We have not received any information from them indicating this. I will suggest to the Board that we write the attorney a letter, and find out why they haven't indicated to us that they wanted to be here tonight. SOUTHOLD TOWN BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 · ATTORNEY~AT~ ~ 1(50 Ycu~3s A%~., ~o B~x 1210 ~ Scuth~ld, ~ Y~ 11~1 15~6) ~ ~5 November 30~ t9~3 Re: Pending Application - Petrol Stations Ltd. Dear Mr. Goehringer: My clients are presently discussing with the surveyor possible alternative divisions of the subject property, which would provide a greater lot area for the front lot. I believe that a revised map should be forthcoming shortly, at which time same will be submitted to the Building Department for review and issuance of all necessary Notices of Disapproval. We would thereupon be in a position to seek all necessary relief from your Board and to consolidate same with the pending application. If you have any further feel free to contact me. cc: Richard F. Lark, Esq. questions in this regard, please ver NOFICE OF PUBLIC HEARINGS NOTICE IS HEREBYI GIVEN, pursuant to Section [ 267 of the Town Law and the I Code of(the Town of/ Southold,' ~,~at ~the following[ public hearings will be held by I ' the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, ;53095 Main Road, S~uthold, New York 11971, on WEDNESDAY, DECEMBER 8, 1993, commencing at the times specified below: 1. 7'32 p.m; Appl. No. 4202- ROBERT. · AND JAC- QUELYN OBERLIN. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.4 (100-33) for ap- proval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a comes lot but fronts along two st~ets~ This property technically do~ not have an established "rear ~tard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; Coun- ty Tax District 1000, Sec- tion 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+ square feet. i 2. 7:35 p.m. AppL No 4205- SALVATO RE VINDIGNI. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for permission to construct addition which will exceed the 20~/a lot coverage limitation. Location of Pro- perry: 1440 Gillette Drive, East Marion, NY; County ~ Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map I of Marion Manor fried March j lB; 1953 in the Suffolk Coun-! ty Clerk's office. This proper- ~ ty is located in the R-40 Low- ! Density Residential Zone District and has a total lot area of 10,000 sq ft 3. 7:40 p.m. Appl. No. 4203 ROBERT E. BIDWELL Application for Special Excep- ~ tion under Article I11, Section i 100-31B-13 of the Zoning Or- ! dinance, for approval of winery uses in existing-- building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural- Conservation and is identified ~ on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 4. 7:50 p.m. Appl. No. 4204. JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) [ for permission to locate pool a~d related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property~ 2110 Orandview Drive, Orient, NY; County ~x Map Parcel No. 1000-14-2-3.11. ' ' I -'S. 8:00 p.m. Appl. No. 4195/ - PETROL STATIONS LTD. (Carryover to continue hear- lng and/or updates). 6~ 8.'00 p.m. Appl. No. 4199- PETER PSYLLOS. (Car-: ryover to continue hearing and/or updates)~ 7. 8:05 p.m. Appl. No. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IliA, Section 100-30A.2B for permission to establish Accessory Apart- ment use in conjunction with owner's residency in this ex- isting principal building l presently occupied as a dwell- lng with garag~ Location of Property: 955 Deep Hole Drive, Mattituck, NY; Coun- ty 'lkx Map Parcel No,. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approxhnately 15,000 sq. ft. and is located in the R-40 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or .represen- tatives desiring to be heard in the above matters Written! comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review ~he files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: November !7, 1993 BY ORDER OF THE SOUTHOLD TOWN . BOARD OF AFPEALS GERARD P. GOEH1HNGER · ~ .CHAIRMAN " Li By: nde Kowaiski t. - ., : IX-11/25/93(25) COUNTY OF SUFFOLK !,TATE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o(THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ,~nd lhat thc notice or which the anncxerl is a printed copy. has been i~ublisbcd in said Long Island 'l'raveler-Watciaman once each week for / weeks successively, commencing orl the ...................... .... Sworn to I)efore me Ibis ..................... clay of ...... .... Notary Public BARBARA k SCHNEIDER NOTARY PUBLIC, St,ate of t~e',v York No, 480Bg46 ~' Qualified in Suffolk County Commission Expires APPEALS BOARD lVIEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wiltnn Telephone (516) 765-1809 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue Southold, NY 11971-1210 Re: Pending Application - Petrol Stations Ltd. Dear Mr. McLaughlin: Please provide us with an update of the above matter. Enclosed is a copy of the Legal Notice which shows the matter will be carried over to our December 8, 1993 hearings calendar. Very truly yours, Enclosure cc: Richard F. Lark, Esq. GERARD P. CHAIRMAN GOEHRINGER PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 8, 1993 P r e s e n t : HON. GERARD P. (7:30 p. m. Hearings Commenced) GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD~C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 11/8/93 36 9:30 p.m. APPLICATION NO. 4105 - PETROL STATIONS LTD. (Additional time is requested by applicant's attorney. Hearing to be carried over to December 8, 1993, hearings calendar.) (The initial hearing of 10/18/93 was postponed pending the outcome of Building Inspector's determinations under revised subdivision plan as agreed by the attorneys.) As a formality, application may need to be amended to conform. 1050 YOZ~3S A~., t~D tk~ 1210 ~, New Yo~k 11971 (5~6) ~ 765-6C85 November 8, 1993 SOUTHOLD TOWN BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Appl. No. 4195 - Application of Petrol Stations, Ltd. Gentlemen: Please be advised that Richard Lark and myself met with Assistant Town Attorney, Matt Kiernan, and the Building Department on October 29, 1993. At that time the subject property was discussed in detail and the Building Department agreed to further review their fiie in this matter regarding the possibility of further Notices of Disapproval. To date, I have not received any further communication from the Building Department. As a result, request is hereby made to further adjourn this application until your December hearing. By that time, it is anticipated that any necessary further applications can be filed and joined with the present application. If you have any questions to contact me. Hand Delivered cc: Richard F. Lark, Esq. in this regard, please feel free Very HARVEY A. ARNOFF Town Attorney MA'VFHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: RE: Gerard P. Goehringer, Chairman of the Zoning Board of Appeals Richard G. Ward, Chairman of the Planning Board Matthew G. Kiernan, Assistant Town Attorney Petrol Stations ~ SCTM# 1000-109-1-23 As you recall, on July 8, 1993, we met with regard to the above-referenced application. After discussing the matter, it was agreed that the issue in dispute concerned the interpretation of § 100-71(B) of the Zoning Code and, more specifically, whether each use permitted by that Section required forty thousand ([[0,000) square feet of lot area. The wording of the Town Code seems clear. The phrase "... provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: ...' is unambiguous. As a matter of statutory construction, each principal use permitted by special exception under this section shall require forty thousand (40,000) square feet of lot area. With regard to the above-referenced application, it would appear that one hundred twenty thousand (120,000) square feet of lot area is required for the three principal uses currently existing (i.e., architect's office, residential use of a house and a real estate office). I trust that the foregoing resolves the issue in dispute. you require anything further from me, please let me know. Should cc: Harvey A. Arnoff, Town Attorney ~ To The Board of A[[eals, Tc~:n of oouthold: We the undersigned do not want an area variance for Lot 4 which does not contain the minimum lot area required. Tax map No. 10OO- ~09-0~-23. Owners' names: Petrol Stations, Ltd. at Cutchogue. The purpose of zoning is to protect ~ur Town from being over developed, to allow the minimum lot size' requirment to be down zoned will set a precendent for other developers. To quote from Southold Town Code, Residential Office {RO) District. "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas." To The Board of Appeals, Town of bouthold: We the undersigned do not want an area variance for Lot ~ which does not contain the minimum lot area required. Tax map No. 1000- 709-O1-23. Owners' names: Petrol Stations, Ltd. at Gutchogue. The purpose of zoning is to protect our Town from being over developed, to allow the minimum lot size requirment to be down zoned will set a precendent for other developers. To quote from Southold Town Code, Residential Office (RO) District. "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas.,' Address / c // // To The Board of A.~eals, Town of ~outhold: We the undersigned do not want an area variance for Lot 4 which does not contain the minimum lot area required. Tax map No. 1000- 109-01-23. Owners' names: Petrol Stations, Ltd. at Cutchogue. The purpose of zoning is to protect our Town from being over developed, to allow ~he minimum lot size requirment to be down zoned will set a precendent for other developers. To quote from Southold Town Code, Residential Office (RO) District. "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas.', Name Address / ~ ~.~ To The Board of Appeals, Town of oouthold: We the undersigned do not want an area variance for Lot ~ which does not contain the minimum lot area required. Tax map No. 1000- ~O9-O~-23. Owners, names: Petrol Stations, Ltd. at Gutchogue. The purpose of zoning is to protect our Town from being over developed, to allow the minimum lot size requirment to be down zoned will set a precendent for other developers. To quote from Southold Town Code, Residential Office (RO) District. "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas." Name . ~ , Address II To The Board of Appeals, To,~:n of oouthold: We the undersigned do not want an area variance for Lot ~ which does not contain the minimum lot area required. Tax map No. 10OO- ~09-O1-23. Owners' names: Petrol Stations, Ltd. at Cutchogue. The purpose of zoning is to protect our Town fr6m being over developed, to allow the minimum lot size requirment to be down zoned will set a precendent for other developers. To quote from Southold Town Code, Residential Office (RO) District. "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas.,, Name Address To The Board of A~eals, Town of oouthold: We the undersigned do not want an area variance for Lot 4 which 'does not contain the minimum lot area required. Tax map No. 1000- 109-01-23. Owners, names: Petrol Stations, Ltd. at Cutchogue. The purpose of zoning is to protect our Town from being over developed, to allow she minimum lot size requirment to be down zoned will set a precendent for other developers. To quote from Southold Town Code, Residential Office (RO) District. "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas.,, Name Address JU[JEANN D. ZARZECKI Notary Pub!ic, State of New York No. 4951037 Qualified in Suftolk County My Commission Expires Jan. 8. C Wickham Multtple-Re~dence See ArU- See ArU~ See ~rfl- See Arti- cle VI cie V~ cie VIT/ cie IX O I=' ._~ i X ,S ~' C T"I OIV,~ o /ooo ~ooo $ o Oo VAN -ro l&/l~l ol~- .~ O U THO/_ ~ ..... -:' ,~q.l /~'mO/__.t< C OClNT'Y ,S ~ c"r'/oN Om ,SIX ,S E C TI ON~ 1050 Yctrc3~ A%~., ~ B~X 1210 Scutho]~, New Y~rk 11971 1516) ~ ~ September 27, 1993 SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road, Town Hall Southold, New York 11971 Re: Variance Application - Petrol Stations Ltd. Gentlemen: I have enclosed my clients Notice of Disapproval, Application for an area variance, Notice to Adjacent Property Owners, Environmental Assessment Form, Questionnaire, Affidavit of Interested Persons, four (4) copies of the proposed subdivision map, deed to the subject premises, Certificates of Occupancy, Property Record Card and a check in the sum of $250.00 representing the filing fee for the area variance ($400.00) minus the credit to which my client is entitled ($150.00). Kindly place this matter on the calendar for the October public hearing. Encs. APPEALS BOARD MEMBERS Gerard P. C=oehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAHD OF APPEALS TOWN OF SOUTHOLD October 4, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dear , ~ : Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the application based upon the building inspector's determination, the location of the property, the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. You may add any documentation to your file that you feel is appropriate to support your request. In the event you wish to amend your application for any reason, you must do so prior to the submission of the advertisement by our office in the official newspaper. An amendment to an application must be based upon an amended Notice of Disapproval from the Building Inspector and include other relief and other sections of the Code to be Considered, and additional filing fee (if any). If the original application was advertised, a separate advertisement and hearing will be necessary for the amended documents. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, ~Linda Kowals~i Enclosure Present: PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD Monday, October 18, 1993 (7:30 p.m. HON. GERARD P. GOEHRINGER, Hearings Commenced) Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member RICHARD C. WILTON, Member HARVEY A. ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board Absent: ROBERT A. VILLA, Member I N D E X PUBLIC HEARING TRANSCRIPTS October 18, 1993 ZBA Regular Meeting APPL. NO. 4193 4197 4294 4192 4191 4196 4195 4198 Applicant NICK CYPRUS. HARLEY B. ARNOLD . RACHEL VOEGELIN . ROGER AND MADELYN STOUTER-BURGH BECKY JOHNSTON. ALLEN OVSIANIK. PETROL STATIONS, LTD. DR. GEORGE KOFINAS. Pa~es 3-6 7-9 10-12 13-18 19-30 31-41 43-89 42 ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. Page 43 APPLICATION NO. 4195 - PETROL STATIONS~ LTD. Request for Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of Lot No. 4, as proposed, with more than one principal use for this proposed 39,219+- sq. ft. parcel of land (exclusive of right-of-way area). The premises, as exists, contains a total lot area of 5.835 acres and is improved with: (a) the northerly building which was converted in 1988 from a barn for the storage of antiques to an architect's office as shown on the site plan map prepared by Samuels-Steelman, approved by the Planning Board 12/14/87; (b) the front main building utilized as a single residence and a real estate office; (c) a separate garage structure; (d) a separate shed. Location of Property: 25235 Main Road, Cutchogue; County Tax Map Parcel No. 1000-109-1-23. 8:32 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: ! have a copy of the survey produced by Peconic Surveyors, and it was originally done June 27, 1990 -- the most recent revision is August 20, 1993; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McLaughlin, you are representing? Appearance: J. Kevin McLaughlin, Esq., for the Applicant. THE CHAIRMAN: How are you tonight? J. KEVIN McLAUGHLIN, ESQ.: Good. As you J. ndicate, we are before you for an area variance on Lot No. 4 of a proposed ZBA Hearing of October 18, 1993 Page 44 Appl. No. 4195 - Petrol stations, Ltd. subdivision which is pending before the Planning Board of this Town; and I know there has been significant correspondence between this Board and the Planning Board regarding this particular parcel, and I know you are fairly well aware of some of the history of this application; but just basically to review it: Petrol Stations purchased this property back in December of 1986. In the spring of 1987 a subdivision application was filed with the Planning Board and has gone through innumerable revisions, at least seven or eight revisions of the map. We were in fact in front of the Town Board --the applicant was-- several months ago, to establish the bond estimate for the improvements when it was first discovered after lo, these ~any years, that maybe there was a situation with Lot No. 4 that needed to be rectified. So the applicant has been pursuing a subdivision application that has been --as far as Lot No. 4 is concerned-- has not varied a great deal for the last seven years. Basically, lot No. 4 as it is presently proposed and constituted and as requested by the Planning Board, is a 40,000 square-foot lot. The front 30,000 square feet of Lot No. 4 is in the RO District; approximately 10,000 square feet is in the R-40 District. Ail of the present structures on the property, except one very small corner of the garage, are located within that RO District, as it was drawn the district line by the Town Board. The uses on that Lot 4 or proposed lot 4 have been the same since approximately the spring or summer of 1987; a~d that is the front one-and-a-half or two-story building on the first ZBA Hearing of October 18, 1993 ~age 45 Appl. No. 4195 - Petrol Stations, Ltd. floor contains a real-estate office; the second floor contains a very small apartment, which is enhanced and occupied for the last five or six years by Michael Gorman, who is one of the principals of both the owner Petrol Stations and also a partner in the real-estate business that is operated on the first floor. The other frame building is --that used to be an antique sales establishment-- I think as it's shown on the property card for this premises, has been converted into architect's office. A building permit was secured for that, site plan approval has been obtained for that, and a C.O. has been issued for that use. The rest of the proposed subdivision would consist of three residential building lots, one slightly in excess of one acre, and two closer to two acres, in the R-40 zone. The real problem here, from our vantage-point, is that there were these three uses and have been these three uses on this property since the spring or summer of 1987. And, at the point when the Master Plan was adopted and new zoning ordinance, the RODistrict line was drawn approximately 300 yards back from the Main Road; and what that has done is effectively put three uses or arguably two uses within that district. It was an arbitrary drawing of the line which obviously had to be done somewhere, and it has resulted in this problem for us. Again, we went through years of application process with the Planning Board without this issue ever being raised, and now we are here. ZBA Hearing of October 18, 1993 Page 46 Appl. No. 4195 - Petrol Stations, Ltd. I believe that this Board has had other applications regarding undersized lots in the RO District. In particular, I believe there was an application No. 4011 by Mr. Fischetti in which he was applying to convert a dwelling into a professional business office on a parcel in the RO zone of 11,656 square feet, which is basically less than a third of the reg~ired lot size in the RO zone; and I believe that application was granted by thls Board. And as part of the decision in that application, this Board indicated that the Town has created non-confor~aities of properties and adopting new standards for uses in this new zoning district, again speaking of the RO District. I want to indicate to this Board that while there are multiple uses in the front area of that property, and that the area is contained within the RO District, they are not overly intensive uses. We do have the architect's office. There are two architects and one or two support staff there. There is the real-estate business which basically is a business for Tom Gordian and his son Michael, and Mike lives upstairs. Right now, that is the only people that are using that; and what we are intending to do is simply to add three residential building lots. If you look at it from the total amount of acreage available, which is 5.8+ acres, it is located within two zones. One is the RO zone which requires 40,000 square footage of lot area per use, and the R-40 zone which also requires 40,000 square feet. Here we have five, almost six acres of land. So, conceivably, if you divided that by the required 40,000 square feet, you could easily have five uses on that five to six-acre~ ZBA Hearing of October 18, 1993 Page 47 Appl. No. 4195 - Petrol Stations, Ltd. parcel of land. And that, in fact, is basically what we are looking for. We are looking for the same uses. We understand that because of the arbitrary division line of the RO District, that does result in many of the uses being on the front portion of the property, and that is why, frankly, we are before you tonight to try to get some relief. Also if you will look at the proposed subdivision map, it becomes apparent from the fairly irregular shape, almost a flag-lot type of situation, if you take that into consideration along with.the uses that presently exist, you see what our dilemma is. So that is why we are here tonight. We think that what has been done on the property has been very tastefully done; we are trying to work something out so that we can Page 1 continue to have the existing uses, and also develop a portion of the property for residential uses. I do have Mr. Gor~an, Tom Gorman, Jr., with me this evening, and we are here to answer any questions the Board may have regarding this application. THE CHAIRMAN: Could you just go over one thing with me? Petrol Stations took title to this property when? MR. McLAUGHLIN: December 30, 1986. THE CHAIRMAN: Okay. And before that, their original location was in Mattituck, was it not, the end of Love Lane and County Road 48? MR. McLAUGHLIN: Correct. THE CHAIRMAN: When did they actually move into the building? ZBA Hearing of October 18, 1993 page 48 Appl. No. 4195 - Petrol Stations, Ltd. MR. McLAUGHLIN: Renovations were started basically i~ediately after purchase right at the beginning of 1987. I think you have in your file a sign, a building permit for a sign which they got toward the middle or end of January of 1987. It was at that time that they moved into --Petrol Stations, I don't know if that moved in then-- but the real-estate office itself which is called Gorman and Associates moved into the front first-floor space at that time in the latter part of January of 1987. THE CHAIRMAN: The only reason I say that is because the Planning Board's site plan map of 1989 shows that the building was unoccupied, and that is the reason why. MR. McLAUGHLIN: Clearly an error. THE CHAIRMAN: The other issue before us is the fact that we have a curb-cut and a roadway leading to the back property. MR. McLAUGHLIN: There is a curb-cut and a roadway that starts and doesn't go very far, and will not go any further until there is some agreement with the Town. THE CHAIRMAN: Now, that, of course, is going to take 25 feet away from this property, and, therefore, is not going to be-- When I say 25 feet, in reference to total lot width. MR. McLAUGHLIN: I would disagree with that. There's a right-of-way over the westerly -- proposed right-of-way, if you look at the proposed subdivision map, over the westerly 25 feet of Lot No. 4. We have had a determination --that was an issue that was raised back in I believe 1991-- the Planning Board had indicated that we may have to seek a lot width variance for Lot ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. Page 49 No. 4. The Planning Board and I went back to the Building Department; and they said No, that since it was just a right-of-way, it should be included as part of the lot width; and I have a letter to that effect. I believe you have a copy in the file. I have actually in red underscored the Planning Board's language regarding that issue, and they in fact agreed that we would not have to seek a lot width variance. THE CHAIRMAN: Okay, we're with the understanding then as we sit before you tonight, we are not here concerning the width of this lot. MR. McLAUGHLIN: That is not part of the notice of disapproval of the Building Department; and when I went to the Building Department, very frankly, I specifically asked them to write up a notice of disapproval for any problems they saw with the proposed site plan regarding any violations of the zoning ordinance. The first time I took it to them, I will be very honest with you, they told me there weren't any violations. I had to go back and explain to them why I thought I might have to be before this Board. THE CHAIRMAN: Okay. What I am trying to do, let me just give you a small analogy-- If we have an application before us for a front yard/side yard/ total lot width variance, whatever the case might be, and we find out that we now exceed 20 per cent of the lot coverage, we are going to, of course, mention that to the applicant in general, okay. That is the ~eason why I am mentioning this, okay. I want to put this total hearing to bed, okay'. I don't want something else to come back; and in the ZBA Hearing of October 18, 1993 Page 50 Appl. No. 4195 - Petrol Stations, Ltd. interim, we will then further discuss that with the Building Department because if this is an issue that has to come before us, it should come before us in toto also. BOARD CLERK: I was told that it was. I just want the record to show that. MR. McLAUGHLIN: Beg pardon? BOARD CLERK: I spoke with the Building Inspector, and I was told it needed a lot width variance for that, for frontage. That is why I advertised it that way. It just - THE CHAIRMAN: The other thing I just want to ask you is: Are you asking for all the uses now on the 40,000 square feet? Is that what you are asking for in the nature of this application? MR. McLAUGHLIN: That is the way it is presently constituted before the plans before the Planning Board. also? THE CHAIRMAN: MR. McLAUGHLIN: but if the Board has Is that the way you are coming before us That's the way it is coming before you, some other thought in mind about how much lot area should be part of Lot No. 4, it would be certainly something that the applicant would consider. THE CHAIRMAN: Okay. Mr. Gorman? THOMAS GORMAN, JR.: Yes, if I may speak briefly? THE CHAIRMAN: Surely. MR. GORMAN: Thank you. Basically, I just wanted to mention, we really want to work with the Town. Specifically, we kind of got off on a bad footage here after, I guess, seven or ZBA Hearing of October 18, 1993 Page 51 Appl. No. 4195 Petrol Stations, Ltd. six years of going back and forth with somewhat of a paper jungle, so to speak. Specifically, I think we should take a look at what has already been done to the property. I think we should also look at specifically how large these buildings are and also the intensity of these uses. The front building is 1700 square feet. The apartment does not have a separate entrance, on the second floor. Basically it is a one-bedroom L-shaped bedroom and bath. That is it. The back architect's office is approximately 900 square feet that is occupied by a husband-and-wife team, who runs a professional architectural business out of that. The front is run by a family operation: My brother, my father primarily. I work part-time occasionally. But I guess my point here is that the three uses are not an automotive repair, they are not a gasoline service station, they are not these intensive uses which may have been addressed on some of the prior applications this evening. They are basically a low-key family business operation, and I think that is really what is at stake here, and I just want to address that. We have tastefully restored the front building. I have personally been involved with standing approvals, personally involved with bringing out the windowsills, restore that as a 1700 historical house, into a tasteful office. The back office, the antique barn which was a retail use according to the records that I have prior to our purchase, at Christmas time it looks like a Currier and Ives post card. We have tastefully redone that building, and I just think that we want some cooperation as ZBA Hearing of October 18, 1993 Page 52 Appl. No. 4195 - Petrol Stations, Ltd. opposed to what I believe is somewhat of a mass of paper, so to speak. It is nothing personal. THE CHAIRMAN: Right. Notwithstanding the fact that we are, with the understanding that the roadway which you are planning to put in, whatever way the conformity of the subdivision occurs in the near future, okay, exists, that you did excavate a curb-cut most recently, and this curb-cut is approximately how close --How close is this to the westerly property line? MR. GORMAN: It is my understanding, Mr. Chairman, it was made in conformity with the plans that were approved by the Planning Board. THE CHAIRMAN: So it is approximately 25 feet or thereabouts from-- MR. GORMAN: Yes. That was closely by the State as well. One reason the curb-cut was enacted promptly was I think my brother and father was somewhat frustrated with respect to the process of six or seven years, and they didn't want this particular approval to once again go into limbo land, so to speak. The other point I wanted to make --Do you have a copy of the ordinance of 1986 when the front was zoned B-1 Business? THE CHAIRMAN: Not before me. MR. GORMAN: May I give it? (Copy was submitted.) THE CHAIRMAN: Sure. MR. GORMAN: Also this would be section 170, Use Regulations in B-1 District, which make reference to a variety of uses-- ZBA Hearing of October 18, 1993 Page 53 Appl. No. 4195 - Petrol Stations, Ltd. THE CHAIRMAN: Sure. MR. GORFu%N (continuing): And also the minimum lot area of 30,000 square feet, which was at the time of our purchase. MR. GORMAN: For the record, I want to enter a copy of the zoning map, B-1 General District which is highlighted, is now RO. Also for the record, I want to enter Article VII, B-l, General Business District. THE CHAIPuV~%N: Thank you. MR. GORMAN: Thank you. I appreciate your taking this time out to hear us. THE CHAIRMAN: No problem. We want to get this thing rectified here. MR. GORMAN: It's basically the thought that the uses are not that intensive, that when the property was purchased, the B-1 District was very liberal. Since then it has been downzoned to RO, and you know I think we really ought to work out something without going back and forth. That is the reason I came tonight. THE CHAIRMAN: Thank you. Mr. McLaughlin, do you have anything you would like to add? MR. McLAUGHLIN: Not unless there are any other questions. THE CHAIRMAN: I just want to ask you another question. The question of adding this lot width issue and amending the application, do you have any particular problem with that? MR. McLAUGHLIN: I don't have any particular problem, if the Building Department in fact is going to require that and give me a Notice of Disapproval on that. Again, it was my ZBA Hearing of October 18, 1993 Page 54 Appl. No. 4195 - Petrol Stations, Ltd. understanding that that issue had been addressed two years ago; there was a determination made that the lot width included the right-of-way as long as the right-of-way was not constituted as a separate lot, but was merely part of the fee of Lot 4 subject to the rights of others to pass over it for ingress and egress. That is where it had been left a little over two years ago. If there is a different determination by the Building Department, I would like the opportunity obviously to discuss that with them; if that is the final determination, then I have no problem with that application being considered at the same time as the present application. BOARD CLERK: We would also have to file new papers on that. He would have to do separate neighbor notices, and -- THE CHAIRMAN: Just let me finish. MR. McLAUGHLIN: Again, my problem is that I have given paper work regarding how this issue was considered and disposed of a couple years ago. I specifically went to the Building Department before I brought this application and had them review the site plan and asked them to please give me a notice of disapproval for each and every problem they saw where this proposed subdivision plan would be in violation of the zoning ordinance. THE CHAIRMAN: You are referring to -- I am just looking for the notice of disapproval. You are referring to the notice of disapproval of September 24, 19937 MR. McLAUGHLIN: September 24, 1993. Yes. And that is all that they put on there. So, again, I assumed that the lot ZBA Hearing of October 18, 1993 Page 5 5 Appl. No. 4195 - Petrol Stations, Ltd. width question had been resolved two years ago and was not an issue at the present time. THE CHAIRMAN: And you are referring to the letter of June 12, 19917 MR. McLAUG~LIN: And the fact that, there was prior correspondence where the Planning Board additionally said, you are going to have to go get a lot width variance from the Zoning Board because you've got to subtract out the width of the right-of-way. There was discussions with the Planning Board at that time. Those discussions between the Planning Board, the Building Department and myself resulted in that letter I just gave you a copy of from the Planning Board saying No, you don't have to do that because it is all part and parcel of the same lot. Is there a letter from the Building too, withdrawing his disapproval BOARD CLERK: Department on that, originally? MR. McLAUGHLIN: I am not sure. THE CHAIRMAN: to everybody here, letter, but in all I would have to check my file for that. I just want you to know, in all fairness, I appreciate your giving me a copy of the fairness, we are not bound by this, and all I want to do is get everything totally involved here, so that I know exactly what is before us; and that is basically the situation. I am not here to find fault or cause any more disruption in anybody's lives, other than to know what is before us at this particular time. ZBA Hearing of October 18, 1993 Appl. No. 4195 Petrol Stations, Ltd. Page 56 MR. McLAUGHLIN: Perhaps I can seek this Board's help then in getting the proper notice of disapproval from the Building Department. THE CHAIRMAN: Okay. We will certainly send them a letter indicating that it is something that should have been added. No question about it. Thank you, Kevin. MR. GORMAN: Thank you. Basically, I want to indicate on what you are calling the right-of-way, I think maybe if we understood it as an access easement, so to speak? THE CHAIRMAN: Right. MR. GORMAN: That it probably would still be held in fee simple title and that the fee simple area will exceed the 40,000 square feet. The front Lot No. 4 will in effect have an access easement given to the property owners utilizing the adjacent lots, that in effect the lot would and I think that is Mr. McLaughlin straightened out that before, around I thought approximately June 1991, we expected that, and the Department at that time did agree. Finally, I do have one other letter I want to enter into the record, from the Planning Board Office, dated November 27, 1990. Basically it said that an area variance from the Zoning Board of Appeals will not be necessary. I would like to submit this for the public record. THE CHAIRMAN: Can I ask you, Mr. Gorman, just explain this. Petrol Stations is a business which owns real estate. So this is the management area of where you would manage those properties. Together with that, you have a small real-estate business, where you have clients coming and going in the normal ZBA Hearing of October 18, 1993 Page 57 Appl. No. 4195 Petrol Stations, Ltd. sense which, of course, we know since subsequent 1986 or thereabouts there hasn't been a great amount of real estate that has occurred in this Town. I understand that. You only work for the firm part-time, is that what you are saying? MR. GORMAN: Exactly. I am an appraiser and helped my brother out between 1986 and 1990 wlth a large contract with the Town of Southampton in open-space preservation. ! worked in conjunction with my brother on that. However, to answer your first question with respect to Petrol Stations, my father has other properties in western Long Island which he basically is now managing. Basically it is a managerial office, an administrative office. It is a very clean, low-key operation. It is not like, you know-- THE CHAIRMAN: We noticed that from the Mattituck operation. I saw one or two cars there most of the time, okay. What is your father's name? MR. GORMAN: Thomas, Sr. THE CHAIRMAN: So you are Thomas, Jr.? MR. GORMAN: Yes. THE CHAIRF~%N: All right. Just so I understand what is involved in this building situation-- MR. GORMAN: And as I mentioned before, the office in the back is basically a husband and wife. It is very innocuous, low-key use. Like I said earlier, it is not like we are having automotive repair uses and gas station and that type of thing. Nothing to do with that. The name unfortunately I guess brings up those fears, but it is basically an administrative operation. ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. Page 58 THE CHAIRMAN: Your brother uses the kitchen downstairs? MR. GORMAN: Yes; there is no separate entrance, Mr. Chairman, with respect to the second floor. It is an internal --it would only work if it is a family operation. It would not work if you or I wanted to make an investment and rent it out for a second-floor apartment. It is just not do-able. THE CHAIRMAN: Okay. Thank you. MR. GORMAN: I appreciate your time. Thank you. THE CHAIRMAN: Anything else, Kevin? (There was no audible response.) THE CHAIRMAN: I think that pretty much puts us where we are at this time for the other people that are involved in this application. Mr. Lark, you are representing someone? Appearance: Richard F. Lark, Esq. MR. LARK: Yes, I represent the next-door neighbor Barbara Baurus. THE CHAIRMAN: Okay. I know Mrs. Haurus personally. What would you like to tell us, sir? MR. LARK: First of all, they can do all these wonderful things with the property that they have just presented to you -- I submit to you, if they had some appreciation and understanding of the zoning law of the State of New York, and particularly the zoning codes of the Town of Southold. They can't do any of what they have proposed here without variances and special exceptions from this Board. Nor have they been able to do anything. And you are going to see, with my little presentation and oral history Mrs. Haurus is going to give you since she has lived ZBA Hearing of October 18, 1993 Page 59 Appl. No. 4195 - Petrol Stations, Ltd. there for sixty years, and with the history of the zoning codes, that what is there today, with all these businesses on this thirty thousand square-foot portion, are self-imposed hardship, there are no vested rights. The building permits and the CO's are void, and we are really going to have to start from scratch. But they have to come here; they have to meet the standards of both use and area variances as well as your standards for special exceptions. The code says so. I don't say so, and the Court cases say so. So I hope we come to the end of the administrative road with this Board for permits for Petrol Stations, Ltd., on this particular property because after reviewing the record very briefly, I am appalled at the ignorance of both the Planning Board and the Building Department in allowing this applicant since '86 when he purchased it the end of the year, to get as far as he has gotten. A review of your file --because you also had an area variance hearing on this that went nowhere-- which I will cover. The Planning Board file indicates misleading opinions and incorrect information. It reminds me of sorta like reading the SUFFOLK TIMES, you know. It is more of a fiction than fact, what's in the file here. In fairness to the applicant, though, I am going to suggest at the outset that the Board keep the hearing open to allow the applicant and its tenants sufficient time to correct any misinformation in the file and in the ZBA records, and to allow this Board to get.its facts straight concerning the property. I think you will want to have the applicant probably provide a ZBA Hearing of October 18, 1993 Page 60 Appl. No. 4195 - Petrol Stations, Ltd. title search and also the Town Attorney to do a zoning history to verify what I inform you of tonight, because not to do so --and not to have this done properly at this time-- just invites an Article 78 proceeding; and after I submit to you after a Court heard what is involved here, it would just remand the case back anyway, so we may as well do it to save the Court time. I realize that the applicant, with its activities, does have unlimited money. The neighbors do not. (Tape ended & new tape inserted while speaker continued talking. What follows is where new tape starts.) MR. LARK (continuing): --A little oral history is in order so the ZBA can get a better perspective of what is going on here. The reason I say this is, the variance application sworn to on September 27, 1993, which is before you this evening, would read at first blush to be a simple and pure area variance application. The notice to the neighbors that was furnished by the applicant also gives this impression as Lot 4 only has insufficient area. But when you look at the past history and what is happening both at the present, and what is proposed to happen in the future, you get an entirely different picture; and it is very possible that we are involved with the use variance. Unfortunately, these other Boards and the Building Department probably doesn't understand the difference. But there is a tremendous difference as this Board understands between a use variance and an area variance. In an area variance? the applicant only has to prove practical diffi- ZBA Hearing of October 18, 1993 Page 61 Appl. No. 4195 - Petrol Stations, Ltd. culties, stay away from self-imposed, unnecessary hardships, but the use variance requires to prove that he has --land can't use a reasonable return and the compatibility with the neighborhood in complying with the spirit of the ordinance. The legal notice in the newspaper though, I did note, attempts to indicate that this is very possibly a use variance. That was a very clear notice and it tuned me to the fact to look further than just the application, because there is more than one use on this property. So at this time I would like to introduce the next-door neighbor Barbara Haurus, who has lived immediately adjacent, personally lived immediately adjacent to this property for over sixty years, so that she can give you a little oral history of it, and then I will conclude with the zoning history. Barbara? BARBARA HAURUS: Good evening. My name is Barbara Haurus. I reside at Main Road, Cutchogue, New York. I was born in Cutchogue on January 20th, 1929, and have lived there all my life. I am familiar with the property owned by Petrol Stations Ltd., because I have lived next to this property all my life. My property has been in my family for two prior generations. At the end of World War II when we got out of the Service, I married John Haurus on April 28, 1945. My parents gave us the property next door to theirs in 1947, upon which property my husband built our house, as he was a builder. After 1947, when we moved into the house, I can specifically remember the property to the east being owned by Kenneth and Lydia Cadugan (Phonetic, no spelling supplied record). The property uontained ZBA Hearing of October 18, 1993 Page 62 Appl. No. 4195 - Petrol Stations, Ltd. a two-story frame house which sits near the Main Road and barn behind the house, which is now used by Samuels and Steelman, Architects. The house has been built many years prior, but the barn was built between 1943 and 1944. Mr. and Mrs. Fedoogan lived in the house and used the barn for their dealings in antiques. It was a very low-key and casual business. From what I can remember, Cadugans lived and ran their business on the property until 1957. I remember because my kids were about ten and eleven years old. Cadugans sold to Walter and Josephine Rollin (phonetic, no spelling supplied record). As Cadugans before them, the Rollins lived in the house, and both Mr. and Mrs. Rollin operated an estate-antique-appraisal business. They used the barn originally to store antiques and eventually sold antiques from the barn, which was primarily a week-end and summer business. As you may recall, in the 1940's, until 1970, Cutchogue was primarily a summer community. For example, in the wintertime, especially in January through April, the antique store was virtually closed, and Mr. Rollin would, as a hobby, restore antique furniture on the property. As I said, up until the time of their death, Mr. Rollin died on August 9th of '84; Mrs. Rollin died on March 3rd of 1986-- They lived in the house. I know that sometime in the late 1960's and early 1970's Mr. Rollin tried to get permission from the Town to develop portions of the back acreage of the property but was turned down because he did not have access to Alvah's Lane. I believe the ZBA Hearing of October 18, 1993 Page 63 Appl. No. 4195 Petrol Stations, Ltd. properties from the corner of Alvah's Lane and Westwood, including Sid Beebe's property was zoned B-1 Business because C. Grathwohl operated the business out of the former house, Rollin operated the antique business. My husband, who passed away on August 25th of '86, operated a contracting business on the property on which we lived, and Sid Beebe operated his contracting business from the property on which he and his wife lived. It is important to note that all these people lived on these properties and merely ran their businesses and conducted .their occupations from their properties. The Board should remember that in the 1940s and '50s this road was basically a two-lane road with no shoulder. Sometime in the 1960's the road was widened and widening to where it is at the present time. The reason I bring this to the Board's attention is that at the present time it is very difficult to exit my driveway. In fact, in the summertime, in order to be safe, I can only make right turns out of my driveway, even though I want to go left, because of the heavy traffic on the Main Road. Due to the constant speed of fifty-five miles per hour this has become a very hazardous condition because you cannot see oncoming traffic from the west. From the existing Rollin driveway you have a better view because it is a little higher. I am absolutely shocked and dismayed the Town and the State are even considering allowing the present owner to move the driveway directly adjacent to my property and have increased traffic trying to exit and enter into the driveway. ZBA Hearing of October 18, 1993 Appl. No. 4195 Petrol Stations, Ltd. Page 64 I know from my personal knowledge that in the last five years there have been numerous accidents right in front of Petrol Stations Ltd. property. I will predict there will be many more if their driveway is moved next to mine. The Board should realize that since the Samuels and Steelman architect business has been there, the traffic has been constant throughout the week, in and out of this property. But before, when owned by Rollins, there was no traffic or a little traffic and then only on weekends and when people were antique-lng. From a personal point-of-view originally I was not opposed to the architects having a separate'business on the property; but I have been informed that the creation of this separate business is illegal, and now the Planning Board is considering allowing three additional lots in the rear and moving the driveway for these building lots and the businesses on the property to be adjacent to my bedroom and bathroom windows. Not only will this cause noise, disturbance and loss of my privacy, but it will be a safety hazard to those persons using the driveway and traveling on the Main Road. In addition, I am alarmed by the fact that Petrol Stations, Ltd., seems to be so sure of getting the Town's permission to move the driveway that in August, 1993, it had concrete curbing installed and entry partially paved with blacktop. Even after being warned to do nothing further on September 30th of 1993, Petrol Stations, Ltd., had a paving contractor and crew on the property, and I believe the Town at that time ordered that no further work be done on the proposed ZBA Hearing of October 18, 1993 Page 65 Appl. No. 4195 Petrol Stations, Ltd. new driveway. The driveway should remain where it is because it is a much safer approach to any residence which may be built in the rear. Thank you. THE C~AIRMAN: Thank you. MR. LARK: As Mrs. Haurus indicated, the applicant's operations --do whatever it wants to do and then get the permits later-- I don't think it is going to work anymore. I think they are at the end of the string. Let's look at the record. Mrs. Haurus stated the property now owned by the applicant Petrol Stations, Ltd., was previously owned by Kenneth Cadugan. By deed, Cadugan July 31st, 1957, both Kenneth and Lydia Cadugan, sold the property to Walter P. Rollin. Walter P. Rollin owned the property until his death in 1984, and his wife also was an owner until she died in March of '86. As indicated by the applicant earlier here, the Rollins estate sold the property to Petrol Stations, Ltd., by deed dated November 24, 1986, and I think they closed on December 30th of '86 and recorded the deed sometime in January. I have that date. It is interesting to note that zoning was adopted by the Town of $outhold on April 9th, 1957. The first zoning in Southold was 300 feet deep just as it is today, off the Main Road, and it was zoned "B" Business District, which allowed at that time, when the '57 ordinance which carried through all the way to '72, allowed a one-family dwelling in a "B" Business District, stores and offices. The size of the lot for "B" Bus~ness District at that time was 7500 square feet with a road frontage of 50 feet. It also allowed accessory uses on the same ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. Page 66 land which were customarily incidental to any permitted use, the main permitted use. That is how the Zoning Ordinance read. So the residential use of the house by the Rollins at the time of zoning in '57 and the use of the barn for antiques and shed, and the shed for storagre, as incidental or accessory uses was all okay under the ordinance that went through in 1957. It stayed that way -- until November 23, 1971. Then the Zoning Ordinance in that area was amended, and the subject property along with the adjacent properties, from Alvah's Lane down to Beebes was zoned B-1 Business District. That allowed commercial agricultural operations, accessory uses for them, barn, storage building, boarding and tourist houses, banks, retail stores and restaurants, all of which were subject to site-plan approval, at that point. But it did not allow, as a permitted use, one-family dwellings, so all the one-family dwellings with the 1971, the redoing of the ordinance, became non-conforming uses. Okay? Which people seem to forget. They are all non-conforming uses. Therefore, in 1971, the antique shop, which was accessory to a non-conforming use, which was a residential use, because the Rollins lived in the house, as you heard from the history. MR. ARNOFF: Yet the antique shop was not permitted then either? Is that what you're saying-- MR. LARK: A retail store could be a permitted use-- MR. ARNOFF: I didn't know what your position was. MR. LARK: It could be a permitted use, but it was an accessory use to them because at the time, I know from my own personal knowledge, that Rollin, he was an estate appraiser for ZBA Hearing of October 18, 1993 Page 67 Appl. No. 4195 Petrol Stations, Ltd. personal property, antiques and stuff. He ran the business out of his house, and he put the stuff back there, refinished it and then sold it or he bought and sold antiques there and used the shop in the back to do that. That is at the time they bought it. Now, interestingly enough, on October 26, 1976, the accessory use section in the B-1 use district was amended by the Town Board to allow uses on the same lot customarily incidental to any permitted use on the lot, but not including a separate business. That is how the amendment in 1976 of accessory uses was for B-1 Business District. Interesting. THE CHAIRMAN: It is. MR. LARK (continuing): So then the, of course the B-1 zoning upgraded it from the old "B" zoning to 30,000 square feet, with 150' of lot width, which was referred to here before. This existed right up to the time the property was sold to Petrol Stations. So when they bought, they bought with the zoning in effect at that time as having a non-conforming use to the house, which was a house within six, seven months prior to the closing because Mrs. Rollin lived there; and then they had, at that time they had an accessory business use to that house which was all owned as one because Rollins had the appraisal/antique business, and so on and so forth. Now, obviously someone when they bought, didn't do their due diligence as to the non-conforming use, because as he indicates, right afterwards --and they got a CO from the Building Inspector dated December 31st -- I think it is part of your record-- which is a pre-CO; it calls it "non-conforming ZBA Hearing of October 18, 1993 Page 68 Appl. No. 4195 - Petrol Stations, Ltd. premises," but the reason that it is non-conforming, he says, is there is an insufficient frontyard setback and an insufficient side yard setback. Never mind the use of the house, the residence as being non-conforming. He leaves that out. Although he does list all the property, I mean all the buildings. He lists a two-story one-family dwelling, a two-story shop, one frame garage, two sheds, and he says they are all in an "A" zone. So I submit to you, when you read that pre-CO December 31st, 1986 Certificate, it is worthless, because he's got the non-conformity for the wrong reason, and he's got it all in "A" District. So I don't know what happened, but they closed on that, closed that day, and life went on. Okay. Now, that is a very unique situation that they had at that time, when they bought, because the house was non-conforming, but the barn and the antique store was a conforming as an accessory use which was incidental to the non-conforming use because it had pre-existed that zoning amendment. Okay. Wow. But when you are using the zoning law terms, that is what the status was at that point. Okay. Their deed was recorded January 21st of 1987. Then they began to immediately renovate the two-story dwelling while they say in their correspondence and they said tonight, while Michael Gorman occupied the residence, they started to renovate. Now, but they never applied for a building permit to renovate it at that point, nor did they apply at that point for site plan for renovation of this non-conforming nor for a special exception, because to allow at that point in a B-1 District in 1987 when they were ZBA Hearing of October 18, 1993 Page 69 Appl. No. 4195 - Petrol Stations, Ltd. doing their renovations, they would have had to have come here to convert it, or use it or upgrade it to any type of a residential use, they would have had to come for a special exception or a variance and then a special exception because that is what the Code said, at that point. They didn't do that. They just went ahead and did it. Then they tell us that what they did is that --and he says it tonight-- that they had, they put a real-estate business called Gorman Associates on the main floor and then this accessory apartment which was not allowed at that time in 1986, until recent amendments, in a B-1 District at all, without a variance. But they went ahead and did that. So we now have in that, we have the Petrol which is a New York corporation as he said, owning the property; and then having Gorman Associates, a real-estate operation, one business, and then the second use of the house being an apartment or a residential-type use. Okay. Now, keep in mind, they were admittedly changing this non-conforming use by expanding it to a conforming real-estate use and a non-conforming apartment, all without any types of permits. Then in the spring of '87, three or four months later, they entered into a lease with Thomas Samuels to use the barn which was the former antique-storage and antique shop, as an architectural office, clearly a separate business. Now, keep in mind that we had the B-1 Zoning at that point. In order to do that, they had to, under the B-1 Zoning at that point, which was a permitted use --professional architectural office would be a p~rmitted use, subject to ZBA Hearing of October 18, 1993 Page 70 Appl. No. 4195 - Petrol Stations, Ltd. getting a special exception and site plan approval-- because that is what the Code said. Samuels read the Code that he wanted to. He applied for site-plan approval. He also applied for a building permit, but they never came here for a special exception to create this new business on the land, which for the first time since the history of that barn, was now not an accessory to the people living in the house. That is also important to remember. THE CHAIRMAN: Now a primary use. MR. LARK: Yes, but they didn't come for a special exception, although they did get a site-plan approval. He did get the site-plan approval for it. And in conjunction with that site plan, if you look at the Planning Board record, they were also applying for a minor subdivision in the back with two or three lots at one point. Now it is two lots, three lots, but they were applying for it, so they were doing things simultaneously, and in the applicant's behalf, the Planning Board for reasons whatever kept telling them you are going to have to move your entrance of your right-of-way further to the west next to the Haurus property. You are going to have to do that; then we want all the business uses, which are three, to use that driveway by the Haurus property, as well as the lots in the back. They kept telling them that, in fairness to that, but they never came to this Board, which is where the authority lied-- not with the Building Inspector and not with the Planning Board. In order to validate the use of the property. I am not ZBA Hearing of October 18, 1993 Page 71 Appl. No. 4195 - Petrol Stations, Ltd. saying you wouldn't validate the use at that time or you wouldn't validate it now; but what is there is not proper. Now, to make matters worse, this architect, in the midst of this, renovates it and moves in. He didn't get a CO for about three years later. That is the way they do things. That is the way this whole thing goes. Okay. Now, interestingly enough, on January 10th, 1989, the zoning on this property as well as the adjacent pieces, the 300 feet just like it has been since '57, is zoned RO Office District, which permits a one-family dwelling; and that one-family dwelling is back to okay. That was in January of '89. However, we don't have a one-family dwelling on this property in January of '89, okay? We got a business and an apartment over it. Okay. Now, the professional and business office, which was characterized by the architects, is allowed in a B-1 District in '89 providing you get a special exception, and secondly the proof because that hasn't changed, so don't need the special exception which we don't have. Okay. Then, for some reason --the Planning Board required it, they say-- in August 10th, 1990, the applicant said, "The Planning Board made me do it," files for an area variance; and on November 1st, 1990, you people have a hearing. Some of these issues are discussed; some are not; but the interesting thing of the hearing is --because Mr. McLaughlin is here tonight and can defend himself-- when you asked him the question as Chairman, "Where are your CO status?" - he said, "Oh, we got COs for everything, we got a CO on the house, w~ got a CO oK the ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. architects' 1990. Page 72 office." There was no CO issued on November 1st of Okay. January llth of 1993 the Building Inspector did give Mr. Samuels or Petrol Stations on behalf of Mr. Samuels a building permit for a CO --excuse me-- gave him a CO for a building permit that had been filed on July 31st, 1987, for alteration and conversion of a seasonal antique store to an architects' office, so he gave him clear, independent CO. Without a special exception. And I submit that the CO is no good because at this point the residential office when he gave the CO, now made it a non-conforming use again, okay. At the time when he applied for the building permit, it was okay, but now it is not okay. All right. So at least he had to get a special exception to do it, and they didn't. Now what we have now is, we have the three different uses on this 30,000 square-foot and when the ordinance got amended, both in the --when it went to RO, it said that you are only allowed one use for 40,000 square feet. It didn't say you could have three uses. Now you would have to get a variance from that if you were to go under that, which is what they are, I think, attempting to do here. Also, I agree with your analogy they are also going to have to get a variance for the width of the lot because the Planning Board --maybe not in this case, but historically-- whenever a right-of-way was created, especially now you are using business property to go to residential property, which.is what this is all about-- they excluded the area as well as the ZBA Hearing of October 18, 1993 Page 73 Appl. No. 4195 Petrol Stations, Ltd. width from zoning requirements. In other words, setbacks had to go from where that right-of-way stopped, and they still do that, because I have been involved with other applications. But this one Mr. McLaughlin says no, they didn't tell him to do it. We are going to include it in the area and we won't include it in the sideyards and setbacks for the sideyards. So that is a departure from the way they have handled all other minor subdivisions; admittedly, they were in "A" Residential Districts or R-40 Districts or R-80 Districts where they make out and exclude from the computation the area of right-of-way and then make you use the setback from the edge of the right-of-way and not the property line. But now here he says they don't. Well, they got to be consistent. THE CHAIRMAN: In fairness, I just want to tell you that we have to take a short break for about two or three minutes. MR. LARK: Okay. THE CHAIRMAN: I just want to mention two things: The most recent situation that occurred and I thought was a very good situation -- that this Board has been chastised for-- is the request to determine who has jurisdiction over these matters, as initial jurisdiction, as an opinion, okay, and we were asked that by the Town Board; and we then said that ~he Building Department has jurisdiction of where these applications come initially, okay, and we said that and, of course, we were chastised for doing it. But that immediately puts these two letters from the Planning Board concerning whatever they did, okay, in suspect because the application went to them first. ZBA Hearing of October 18, 1993 Page 74 Appl. No. 4195 - Petrol Stations, Ltd. Then after making that determination, we then had a meeting with the Chairman of the Planning Board, and it was at that particular time the Assistant Town Attorney and myself and a mead)er or the Chairman of the Planning Board, and that is what outlined these three uses and the amount of acreage that was required for the three uses, which then precipitated this application. Okay. Just so you are aware of how we got to this particular point, that is how we got here. And it was somewhat of a tough, hard road, but we are here now, and we are still dealing with this application, and the chronological order is absolutely impeccable, Mr. Lark, as by the way, we always get from you. In fact, we haven't seen you in such a long time (jokingly). With everybody's indulgence, could we just take a two or three-minute recess. I need a resolution, gentlemen. MEMBER VILLA: I so move. (Seconded and carried.) 9:35 p.m. Hearing resumed. Same presences as indicated on title page, except Town Attorney Arnoff was no longer present.) THE CHAIRMAR: I am not cutting your presentation short; but you are going to tell us what your opinion is on what this applicant should have or what should exist or should be before us? MR. LARK: Yes. He has got to present a --it is a mixed bag here, both an area and a use variance, and he is going to have to prove the.practical difficulties test, so he doesn't end up with this what he has got here now, this ad hoc planning of ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. Page 75 this particular piece of property with the aid and abetment of the Planning Board and the Building Inspector. But, more important. No matter of whether you deal with the RO Code or you deal with the old B-1 Code, which he had, he has to get in here for a special exception. Here is where he is going to have problems, have problems in particular with Mrs. Haurus. As you know, your Code --and it has the time and memorial laid out in conditions, "special exceptions" is a bad word --It should be a special permit-- MR. LARK (continuing): Which is really what this is. In Riverhead they call it a special permit; but he has got to show how substantial the variation is in relationship with the requirement. The requirement calls for one use per 40,000 feet. He is trying to get three on 30,000. He has that hurdle to overcome. He has got to get over the variances allowed, the increased population density, which isn't, I submit, a great deal here; and then whether a substantial change will be produced in the character of the neighborhood, and whether there will be any detriment to the adjoining properties. ]4rs. Haurus claims the way they are putting the right-of-way, the driveway, if you would, not only for this three businesses but for the three houses in the back-- they are putting it right across her, next to her property, which her house sits about 5 feet off the line because it didn't require any zoning back in '46 when she built it, '47 when she built it-- and this driveway then would be virtually right on her house. There is a cure for that. If they are going to have access to go in and go out, and if the ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. Page 76 Board is going to give them a special exception, they could as part of the consideration --as you know you have done in the past-- and there is no reason and it would also prevent any further expansion whatsoever if you are going to grant the variances and the special exception, to leave the driveway right where it is. If you talk to the architect, he would just as soon have it where it is. It is a much safer ingress and egress there. And you can service both his business and go right by his barn where he has his architects' store, and go right to the rear of the property where that proposed cul-de-sac would be. That would give her relief, and he wouldn't have to get over the substantial detriment to adjoining properties. I could have come in here with appraisals and shown what that right-of-way is going to do of valuation to her land and so forth, as opposed to the way it is now, as opposed to the way it would be proposed. So if you get into a special exception hearing, he has got to address that issue. Also-- THE CHAIRMAN: That is the reason why I raised the issue of why putting in the curb-cut now. That I couldn't understand that. MR. LARK: Nor could Mrs. Haurus either. The Planning Board, as he said, had kept telling him that is what it is going to be, over there, over there; so, without a permit --well, he got a State permit, I understand-- but he never got clearance from the Town on it yet. So here is where we are. THE CHAIRMAN: Excuse me. Go ahead. ZBA Hearing of October 18, 1993 Page 77 Appl. No. 4195 - Petrol Stations, Ltd. MR. LARK: And then, as I said, whether his difficulties can be obviated by some other method, both the difficulties of locating --see, he has got some history going for him with the types of uses on the property. Legally they are not the sa~e as they were since the '57 zoning; but, nevertheless, there were some uses. It is not like, you know, brand new. They are just separate uses now, as opposed to having the one use as an accessory use. He has got to show whether he can obviate it by some other method, and I submit her big complaint, of course, is with the driveway; but his big problem is whether to get the area variances, whether in view of the manner in which the difficulty arose, considering all the factors which I have given you, the interests of justice will be served, which the Board has to take into consideration the adjoining property owners. I know there is some other ones that have some reservations, but I told them that the application for the residential lots is not before this Board. They can talk all they want, but it is not relevant to this issue; what is only relevant to this issue is in effect an area variance which I submit crosscuts somewhat into a use area also, as well as the special exceptions. Now, in the special exception standards, he has to show that the use will not prevent the orderly and reasonable use of adjacent properties in the adjacent use districts. Where he has got his driveway, which is part of the consideration that you have to take into when you do your special exception --you know, how are you going to get your ingress and egress. He has to show that he is not going to cause her any problems. She is ZBA Hearing of October 18, 1993 Page 78 Appl. No. 4195 - Petrol Stations, Ltd. going to have difficulty unless he moves that because experts, appraisers and real-estate people will destroy him on that issue, so he is going to have to show that. THE CHAIRMAN: Let me just ask you a question. You are going to continue to represent this lady? MR. LARK: Mrs. Haurus, yes. THE CHAIRMAN: So that during the continuation of this hearing, if there is not a lack of movement, you will then come in with this data that is required? MR. LARK: Uh-huh (affirmative sound). THE CHAIRMAN: I am not requiring-- MR. LARK (continuing): You only get into the dollars-and-cents proof later on in the area of use thing, but it carries over what you are doing to adjoining properties, you know, when you read the decisions on that. Okay. Plus you have to make, the problem with the special exception is, you have to make damn specific findings on every one of those things in the statute. That is the problem with it. I don't know how you get around that, unless he can show some alleviation, okay? The other thing, and then it goes into the general ones, the health and safety and general welfare and harmony and so on and so forth, and the use will be compatible with the surroundings and character of the neighborhood. As Mrs. Haurus said to you, she is really not opposed to him because what everybody misunderstands here is what goes on there today is very nice, because they are nice people, it is low-key. The zoning runs with the land, so you've got to be particularly ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. Page 79 careful when you grant a variance and special exception --since they run with the property, forever, until changed by some reason, or become non-conforming with the change in zone, but they still stay there just like a zone change-- is that you have to be concerned just what is going to be used or not going to be used there. Like she really has no personal objections they are r~nning the real-estate office, and one of the people living there. It doesn't have to be them. They could rent it out to anybody they want. But she doesn't want all that traffic going next to her property. She has really no objection although she has testified that there is a significant difference in traffic now from when the Rollins had it as an accessory antique shop, to a full-blown architect. Because, don't forget, he has got --What is going to kill him is the traffic study. He has got two or three employees there. They have two or three people, so if you even take two or three trips a day, you are going to be up to fifteen, twenty trips a day any business day coming in and out of there. You know, when you take your residential uses, if you do the traffic-study people, they will come up with two cars in the house and then you end up with four trips a day minimum, you know, in that business, plus he has a couple employees, plus Mr. Samuels and his wife are in there. They have separate vehicles. They come and go. Never mind their business traffic that comes in and out of there. You know, their clients that come in and out of there. So she is absolutely right when she says that the traffic is much, much greater than it ever was. ZBA Hearing of October 18, 1993 Page 80 Appl. No. 4195 Petrol Stations, Ltd. That is going to be his biggest problem. The State apparently just doesn't care where they put a curb cut because-- THE CHAIRMAN: They knew that one had to go, so if that is where they chose to put it, that was it. MR. LARK (continuing): Because what nobody has said here for reasons best known to somebody, and I am not an advocate of lower speed, but the speed limit really is 55 miles an hour. When you study the signs, as you go by the applicant's property, Mrs. Haurus's property, you are legal at 55. As soon as you get by it, you got to start slowing down because there is a sign 50, and then they slow you down as you go into Cutchogue; so you are pulling out at 55 mph (tape is turned over) -- and it is just a little too much, you know, the way the thing is set up, especially concentrate: Her driveway and this driveway literally next to one another coming in and out. This is absurd, so the traffic is her biggest concern; she is not against them trying to run some type of, you know, professional business office over there, which is really what they have, real-estate professional office in the main building, and then the professional architects' office in the back building. They have done a nice job constructionwise. She has no complaint against that, you know, but she just doesn't want that traffic and it is a big concern; and the problem with them, the applicant is --I realize you only have appellate jurisdiction in the area of variances, and you have some legislative jurisdiction with.the special exceptions because you are allowed a bit more latitude there-- but if someone decided to take the ZBA Hearing of October 18, 1993 Page 81 Appl. No. 4195 - Petrol Stations, Ltd. applicant to Supreme Court and void out all these .~-~its, they are not going to lose. And the point of it is, we would be back to Square One. So I am advising just let us not waste the money, let's see if we can get it all straightened out because nobody wants to see them tear down their businesses, nobody wants any of that, you know, that is not the issue here. But you just can't continue to get frustrated with the process and get improper advice from the Building Inspector and the Planning Board, the same as you and see what happens. did get some activity. just said or let me put in the curb-cut That will get some activity. Well, it THE CHAIRMAN: I got three calls in Hauppauge from the newspapers. MR. LARK: Okay (laughter), so it did get some activity. So here's where we are, so, yes, Mrs. Haurus would be glad to work with them, but she just wants that driveway moved and she won't stop until it is. THE CHAIRMAN: What is her setback from the road? MR. LARK: Her house? THECHAIRMAN: Yes. MR. LARK: Fifty or sixty feet, something like that, I think. That is set back fairly decent. Almost parallel with the barn, the architects' building, somewhere in there. THE CHAIRMAN: It was my understanding that she was mainly concerned with the road running as close to her house as possible. She was not necessarily --and I am not speaking for her, I am only hearing other people that have mentioned this te ¸ii ZBA Hearing of October 18, 1993 Page 82 Appl. No. 4195 Petrol Stations, Ltd. me, okay? She was not as concerned with the position of the ingress and the ingress at 25 feet from her property line. MR. LARK: That is true from a selfish point of view, but from a good neighbor point of view, she is saying it is a dangerous spot to be because that is where her driveway is and it is dangerous because you can't see. THE CHAIRMAN: Right. MR. LARK (continuing): And that is the problem with it, trying to get out. THE CHAIRMAN: Because I am only going with the premise that-- MR. LARK: Her house per se is 97 feet back from the road. THE CHAIRMAN: exists there? MR. LARK: out about 20 or Okay. Is the road wider than what actually Yeah, so it is actually, probably been widened 30 feet, so she is probably within, you would have --this is a '67 survey-- so there has been one widening since that. So I would say conservatively she is probably in the neighborhood of eighty feet there. So she wasn't too far wrong when she said sixty. Her mother's house, which is immediately adjacent, is a little farther forward of that, so that could be 40 or 50 feet off the road, something like that. THE CHAIRMAN: The reason why I asked you the question and, of course, I-am mystified at this point of where we are going from here --okay?=- only, as you heard me say to Mr. ZBA Hearing of October 18, 1993 Page 83 Appl. No. 4195 - Petrol Stations, Ltd. McLaughlin, that I would like to take everything in toto so that we can clean this entire situation up, okay. The only reason why I asked that question about the access --or the ingress and egress-- is because I was wondering if the road could not be bent over toward the two businesses and remain in its present location, if that had to be the access. MR. LARK: I am not opposed to that. THE CHAIRMAN: Do you know what I am saying? MR. LARK: I do. I do. To the east as you come in. THE CHAIRMAN: So that may be a possibility, okay. So where we are. at this particular point, I assume, is --and correct me if I am wrong, and this is both attorneys-- We are going to correct the notice of disapproval to include the lot width for the right-of-way or the ingress and egress or going to the back of the property. We are going to discuss the possibility that a special exception or a special permit as the case might be, may be in order concerning the use of this particular back building as it concerns-- MR. LARK (interposing): And the main building. THE CHAIRMAN: And the main building? Okay. MR. LARK: Because the accessory apartment requires It is not illegal, just needs a special special exception. exception. THE CHAIRMAN: Okay. plus IA and B or a total of and then we are talking the area aspects of each one of these which were mentioned here. So we have all four, so we are And so we are basically talking four --well, let's basically mention-- ZBA Hearing of October 18, 1993 Page 84 Appl. No. 4195 Petrol Stations, Ltd. really only talking the special exception as you are indicating on those two buildings, so we have 5A and B, total of five. Okay. All right, so we will endeavor to make the Building Department aware-- we will give you plenty of time, Kevin-- what occurred at this hearing. We will see what develops after that, and then we will keep you apprised of the correspondence and reconvene the hearing based upon what the applicant wants to do or what he does not want to do. The reason why I asked you that question concerning your continued --I don't mean to belabor this, ladies and gentlemen, I apologize-- and I am referring to Mr. Lark now, your continued representation of this applicant (sic), but I assume, and I want to reaffirm this, that if you are unhappy with the way this thing goes, then any decision by this Board will be the nature of an Article 78, which I would think and, as you know, I would try to do anything to alleviate that at this particular point, because I see this particular applicant going since '86 now, we are talking seven years. We could go nine or ten. Some of us could not be on this Board at that time conceivably, you know, and there is no question about lt. MR. LARK: The point I made too, what you end up getting, the Appellate Division sends it right back here anyway. I have learned that from experience. So try to work it out here. You go all the way up to prove your point, and they send you back. We don't have jurisdiction to tell you where to put your driveway. They do. That is what the Court would say. Okay. ZBA Hearing of October 18, 1993 Appl. No. 4195 Petrol Stations, Ltd. Page 85 THE CHAIRMAN: So, in other words, what you are saying is if they spent twenty-five hundred dollars, you spent twenty-five hundred dollars, we spent twenty-five hundred dollars, and we are only going to be back here in 1995 or 1996 anyway. Mr. McLaughlin? MR. McLAUGHLIN: I don't want so much to rebut what Mr. Lark had to say really. I just want to give it a slightly different flavor for this Board --and I am sure you probably appreciate that. I think to a certain degree we were made out to be the bad guys in the presentation. I want to submit to this Board, we are not the bad guys here. We have been doing what we have been told by the various Boards and Departments of this Town for the last six or seven years; whether that be the right thing or the wrong thing, except for the putting in of the curb-cut itself, I think we have been relatively justified in the actions that we have taken in accordance with the determinations that we have had from the Building Department and the Planning Board in the past. We are certainly ready and willing to sit down with anyone and everyone involved to try to work this out so that we do end up with a decision out of this Board that is comprehensive and all-inclusive of all the problems and will result in a decision that everybody can live with because of all the factors that, you know, have been presented. We have no interest in prolonging with an Article 78. I am not saying we wouldn't if we were displeased with the decision, but we would hope to be able to work it out along some lines that everyone can live with, and we would like to get it ZBA Hearing of October 18, 1993 Page 86 Appl. No. 4195 - Petrol Stations, Ltd. all finalized so that some day maybe we can even get the subdivision finalized. But I don't want the Board to be sitting there and those people who may not be as familiar as others, thinking that we have sat here and tried to devise a plan as to how we get around this Board. That has never been our intention. We have been, if you will, diverted by other Boards from having to come here and specifically told that we didn't need to come here. THE CHAIRMAN: Kevin, I never thought that in the beginning. You know, to be honest with you, and certainly I don't think it is something you really have to worry about. I just want to ask something of our Clerk, and I will be right back to you. (Off the record inaudibly to Board Clerk.) THE CHAIRMAN: We are only concerned with how we are going to concisely present this material to the Building Department and I just think maybe the better way to do it, rather than have the entire --this hearing, for everybody's benefit, of course, is going to be typed and made part of a permanent record, but it is going to take us a little while to do that. A more concise method would be just to have Mr. Lark outline what he said, plus I will afford you a copy of it, and we will zip that over to the Building Department and explain to them this is what happened during this hearing concerning the next-door neighbor's attorney as it was presented, and let them review it and see if they want to do anything or.if they don't want. Certainly the issue of what width is going to exist, okay. As for the special ZBA Hearing of October 18, 1993 Page 87 Appl. No. 4195 - Petrol Stations, Ltd. exception portions of it, that is for us to make the determination; but certainly since the Building Department, the new Building Department, okay, as it exists with the two gentlemen that are in there, they are the ones who are going to have to be apprised of what actually went on; and that is the reason why I think that is probably the most expeditious way of dealing with it. MR. McLAUGHLIN: I have no problem with that, as long as I am afforded an opportunity to review and comment on what is submitted. THE CHAIRMAN: Could you do that for us, Mr. Lark? MR. LARK: Sure. THE CHAIRMAN: Okay. Is there anybody here tonight-- MR. LARK: I would be willing to meet with Kevin with the now Head Building Inspector because I don't see, if he has the codes in front of him, how he can read it any other way. MR. McLAUGHLIN: I don't have a problem with that. MR. LARK: Then we can try to straighten it out. THE CHAIRMAN: Why don't you do that? And then we will all meet back here. Do you want to meet back here in Novembdr or do you want to wait for the December meeting? MR. LARK: It is up to Kevin. MR. McLAUGHLIN: I would just as soon move it along. MR. LARK: I THE CHAIRMAN: three weeks? won't impede it. It's going to go anyway. You guys can do that in the next two or BOTH COUNSELLORS: Yes, sir. ZBA Hearing of October 18, 1993 Appl. No. 4195 - Petrol Stations, Ltd. BOARD CLERK: Our next meeting is November 8th so-- THE CHAIRMAN: Again, is there anybody --We thank everybody here for your courtesy. Is there anybody here that would like to say anything, that may not be here for the November 8th meeting? I know most of it has been said. Seeing no hands-- MEMBER DINIZIO: I'd like to make a comment. I'd make a statement. THE CHAIRMAN: It is so rare that you make a statement, Mr. Dinizio. MEMBER DINIZIO: Well,' it's maybe even an apology, Jerry. There was a letter, a memo written about this with this particular map attached to it at one time, and I read it and said to myself "Gerry has to be crazy." I couldn't understand what he was trying to say. And, Mr. Lark, you made it so crystal clear to me tonight that I have to apologize to Jerry for thinking what I thought. I just wanted to make that statement. THE CHAIRMAN: This is a first! (jokingly) MEMBER DINIZIO: I want to thank you very much for making that clear to me. I really find it extremely hard to believe that an applicant could walk into the Town Hall and actually go through what this applicant has gone through and not be any further than sketch --he is at step one as far as anybody is concerned. THE CHAIRMAN: That is because of the re-routing aspects that occurred prior to our determination. I applaud the Town Page 88 like to ZBA Hearing of October 18, 1993 Page 89 Appl. No. 4195 - Petrol Stations, Ltd. Board for asking for that determination. And, as I said, we were chastised by other Boards for coming up with that determination; but the buck has to stop somewhere, and it has to start somewhere, and that is the whole purpose of it. And this re-routing aspect only cost people time, and money. MEMBER DINIZIO: The decision was made --I may be getting into trouble but-- decision was made that our opinion, with the hopes that a competent person would be making those decisions, and maybe the "Town" goofed in this one. That's all I have to say. Thank you very much, Dick. It was a great presentation. THE CHAIRMAN: Thank you again for your courtesy. I will make a motion recessing the hearing to the next regularly scheduled meeting. (Seconded and carried; see Board Clerk's minutes.) jdr APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following 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 WEDNESDAY, DECEMBER 8~ 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. 2 - Notice .ofmarin~s Southold Town Board of Appeals Regular Meeting of December 8, 1993 2. 7:35 p.m. Appl. No. 4205 SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 - ROBERT E. BIDWELL. Application for Special Exception under Article III, Section 100-31B-13 of the Zoning Ordinance, for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural-Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 4. 7:50 p.m. Appl. No. 4204 - JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII', Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location Page 3 - Notice of~arings Southold Town Board of Appeals Regular Meeting of December 8, 1993 of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 5. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hearing and/or updates.) 6. 8:00 p.m. Appl. No. 4199 - PETER PSYLLOS. to continue hearing and/or updates). (Carryover 7. 8:05 p.m. Appl. No. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IIIA, Section 100-30A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 Residential Zone District. 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. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: November 17, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies of the 12/8 Legal Notice to the following on 11/19: Susan Zach, Esq. (re: .Oberlin) Mr. Salvatore Vindigni Mr. Robert T. Bayley (hand pick-up 11/19) Mr. John Sandgren (re: Crokos) J. Kevin McLaughlin, Esq. (re: Petrol Stations) Richard F. Lark, Esq. Rudolph H. Bruer, Esq. (re: Psyllos) Mr. and Mrs. Warren Brady Mr. Gary Fish Board Members L.I. Traveler - by mailed 11/18 Suffolk Times (courtesy copy 11/18 by mail) Newsday (courtesy copy 11/18) Town Clerk Bulletin Board posted 11/18/93 Individual Files - 11/19/93 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following 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 MONDAY, OCTOBER 18, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct garage addition with a reduced westerly side yard at less than the required 10 feet, and total sideyards at less than 25 feet. Location of Property: 1100 Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1. The aubject premises is a nonconforming, substandard lot having an area of approximately 18,500 square feet, located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section 100-30A.2B approving an Accessory Apartment use in '. Page 2 - Notice of arings Southold Town Board of Appeals Regular Meeting of October 18, 1993 conjunction with owner's residency in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. 3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN for a Variance to the Zoning Ordinance, Article III, Section 100-33 for an accessory satellite dish structure, as installed, in the southerly yard area (known as front yard area under the zoning definitions). Location of Property: 58473 (ROW off) Main Road, Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2. 4. 7:45 p.m. Appl. No. 4192 - ROGER AND MADELYN STOUTENBURGH for a Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, for approval of man-made berm, as situated, with a height in excess of four feet from ground level at 505 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3. 5. ~:50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance under New York Town Law, Section 280-A, for acceptance of minimum standards of .improvements over new easement right-of-way areas, as modified since the prior Appeal Hearing and Determination rendered under Appl. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the P~ge 3 - Notice o~arings Southold Town Boara Of Appeals Regular Meeting of October 18, 1993 westerly side of lands of Bokina, over lands now or formerly of William J. Baxter and others identified as Lot 1.9, Block 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running in an easterly direction approximately 563 feet to the applicant's parcel of land identified as Lot 1, Block 2, Section 73, District 1000, all as shown by survey amended June 17, 1992, prepared by Roderick VanTuyl, P.C. 6. 7:55 p.m. Appl. No. 4196 - Application of ALLEN OVSIANIK. Request for a Variance under Article XX, Section 100-101C for permission to place canopy-type sign at westerly side of existing principal building to advertise "Eastern Tire, Wheel Alignment, Mufflers". Location of Property: 32930 Main Road and easterly side of Eugene Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined lot area of 1.85 acres, a portion of which is located in the "B" General Business Zone District, and the remaining portion in the "R-80" Residential Zone District. LTD. VII, Section 100-72 on proposed Lot No. right-of-way area) ~ Planning Board for a four-lot minor subdivision. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONSr Request for Variance to the Zoning Ordinance, Article for approval of more than one principal use 4 of 39,219+- sq. ft. (exclusive of Applicant is also before the $outhold Town The premises Pa~ge - Notice of~arings Southold Town Board--of Appeals Regular Meeting of October 18, 1993 presently contains a total lot area of 5.835 acres and is improved with: (a) the northerly building which was converted in 1988 from a barn for the storage of antiques to an architect's office as shown on the site plan map prepared by Samuels-Steelman, approved by the Planning Board 12/14/87; (b) the front main building utilized as a single residence and a real estate office; (c) a separate garage structure; (d) a separate shed. Location of Property 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23. 8. 8:15 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance to the Zoning Ordinance, Article XXIII, Section 100-231(A) for approval of fence height above four feet, as exists. Location of Property: 552 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-18.2. 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. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: October 4, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X P~ge 5 - Notice o~arings SoutholdTown Board-of Appeals Regular Meeting of October 18, 1993 Copies of Legal Notice to the following 10/4/93: Ms. Becky Johnston 471 West 22nd St., New York, NY 10011 P.O. Box 1098, Cutchogue, NY 11935 Mr. Burke E. Liburt · The Signs Makers, 155 Flanders Road, Riverhead 11901 J. Kevin McLaughlin, Esq., 1050 Youngs Ave, Southold, NY 11971-1215 Mr. and Mrs. Nick Cyprus, 1100 Sound Beach Dr, Mattituck 11952 Mr. and Mrs. Harley Arnold, P.O. Box 48, Mattituck, NY 11952 Michael K. Belford, Esq., 26 Saxon Ave., Bay Shore, NY 11706-5529 Mr. and Mrs. Roger Stoutenburgh, 505 Skunk Lane, Cutchogue 11935 Dr. George Kofinas, 30-82 36th St., Astoria, NY 11103 L.I. Traveler-Watchman, Inc., (hand delivered 10/5) Courtesy copies to Newsday and Times-Review Original posted on Town Clerk Bulletin Board in Lobby Copies of files to Board Members 10/1 and 10/4/93 Copies to: Town Attorney Supervisor Building Department Planning Board Individual Files APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. RobertA. ViUa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Sept. 29, 1993 S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4195 Project/Applicants: County Tax Map No. Location of Project: Petrol Stations Ltd. 1000- 109-1-23 25235 Main Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of Lot #4, as proposed, with more than one principal use. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4195, PETROL STATIONS LTD. SEPTEMBER 29, 1993 Transmitted is application for variance submitted by PETROL STATIONS LTD. together withnotification to adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire form; Notice of Disapproval from the Building Department; copy of Deed; survey of property; and other relative documents. Judith T, Terry Southold Town Clerk - - 1050 YO~3S AU., ~0 B~X 1210 Scuth~ld, Nsw Yc~k 11971 765-6085 September 27, 1993 SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road, Town Hall Southold, New York 11971 Re: Variance Application - Petrol Stations Ltd. Gentlemen: I have enclosed my clients Notice of Disapproval, Application for an area variance, Notice to Adjacent Property Owners, Environmental Assessment Form, Questionnaire, Affidavit of Interested Persons, four (4) copies of the proposed subdivision map, deed to the subject premises, Certificates of Occupancy, Property Record Card and a check in the sum of $250.00 representing the filing fee for the area variance ($400.00) minus the credit to which my client is entitled ($150.00). Kindly place this matter on the calendar for the October public hearing. Encs. Ver' as NY; NY; and THOMAS Jo GORMAN, Gwynedd Valley, PA. STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: MICHAEL E. GORMAN, being duly sworn, deposes and says: That Petrol Stations Ltd., a domestic corporation, is the record owner of premises commonly known as 25235 Main Road, Cutchogue, NY, bearing Suffolk County Tax Map No. 1000-109-1-23. That Petrol Stations Ltd. is filing an application for an area variance with the Southold Town Board of Appeals concerning said premises. That all of the persons interested in said corporation are follows: THOMAS J. GORMAN, residing at Love Lane, Mattituck, MICHAEL E. GORMAN, residing at 25235 Main Road, Cutchogue, JR., residing at 1000 DeKalb Pike, MICHAEL E. GORMAN Sworn to 27th da [993. TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL Date .. ~ePte~ber .~4. ............ 19..9.3.. To .. Keviu.~tcLaughliu .a/.c .P~TROJ~ .SJA~J.ONS LID.. P 0 Box 1210 $outhold, N.Y. 1197 I PLEASE TAKE NOTICE that your application dated .S.E.P..'.'.'.'.'.'.'.'.T~. ER.2.6 ............. 19..9.3.. fo r ~f~nfi:l~ I~IINOR SUBI)I¥I$ION Location of Property 25235 IqAIN ROAD CUTCltOGIJE, Itlgl~ YORK House No. Street .......................... Ham/et County Tax Map No. I000 Section .... 1.0.9, ....... Block .., J ' Lot 23 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds UNDER ARTICLE VII SECTION 100-72 PROPOSED LOT ~4 llAS INSHFFICIERT TOTAL ARRA. ACTION RKQ1/IP.~D BY '1'it1~ ZONING BOARD OF APPEALS XJaz~ J. Fish RV 1/80 NO LOT 4 TO HAVE NO ,n~IVEWAY ACC£$$ TO MAIN ROAu ( $. R. 25 TOTAL AREA = 5.835acres AREA LOT 1 --[965acres AREA LOT 2 = 1,792 acres AEAA lOT $ = O. 980actea AREA LOT 4 f 1.0~8 acres I do certify that this map was made by us from surveys completed JAI~ ~ W7 and that ~1 concrete monuments have been (or will be) set as shown thus · hereon. " ROAD I PRQJECTI.D. NUMSER I 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by Applicant or Project sponsor) PETROL STATIONS LTD. I Subdivision for PETROL STATIONS 3. PROJECT LOCATION: Mu,iCiOallt~ Cutchoque, Town of Southo]~unty Suffolk 25235 Main Road, Cutchogue, NY , Tax Map No. 1000-109.00-01.00-023.00 [::~New E:]ExDansion r~ModlflcatlonlaJteratio. Subdivision of existing land A proposed four lot subdivision, with the current uses located on Lot 4 thereof. ~.,~.,v 5.835 acres ummate~v 5 · 835 ac.es E· WlLLPROPOSEDACT;QNCOMPLYWlTH ~ISTINGZQNINGQRQTHER~ISTINGLANDUSERESTRI~ION$? .DYes ~NO ,No.~e$cr,~.~,,e,T Need variance herein applied for to Southold Town Board of Appeals, for sufficient.total area for proposed Lot ~4. the · in- D,,=,=e: Mixed residentia.1 and commercial uses DOES ACTION INVOLVE A PERMIT APPROVA~ OR FUNDING· NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~ STATE OR LOCAU? ~No Ifyes. listagency(sland~erm[~provals ' Subdivision approval from ~' Ilye=,~islageccynamean~erm,t/a~;toval ~X~S~g Ce~ca~es o~ Occcupa~c~ Cuc~-cu[ pecm~[ ~TD. If~e action iS in the Coastal/Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I .(Continued on reverse side) 'The N.y.$. Environmental Qualit Rev I__NSTRUCTIoN$: (a) In order fo answer the questions in this short FJtF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has bee~ answered Yes the project may b~ sig- nificant and completed Environmental Assessment Form is.'necessary. (c) If all questions have been answered No it is likely that the project is no= significant. (d) Environmental Assessment. 1. Will pro~ect result in a large physical change ; to the project site or physically'alter more than 10 acres of land? __~es ~X___NO 2. Will there be a major change to any unique or un~ual land form on the site? Yes ~_No 3. Will project alter or have a large effect on an existing body of water? ____Yes X No 4. Will projec~ have a potentially large impact on groundwater quality? Yes X NO 5. Will project significantly effect drainage flow on adjacent sites? · ..__Yes X NO 6. Will project affect any threatened or endangered plant or animal species? Yes~No 7. Wall project result in a major adverse effect on air quality? Yes ~No 8. Will project have a major effect on visual char- known to be important to the community? . . .~Yes ~ NO 9. Will project adversely impact 'any site or struct-' ute of historic, pre-historic,, or paleontologiual importance or any site designated as a critical envircamental area by a local agency? ___Yes X No 10. Will project have a m~jor effect on existing or future recreational opportunities? _~Yes 11. Will project result in major traffic problems or cause a major effect ~o existing transportation · ' ° systems? .___~ee 12. Will project regularly cause objectionable odors, .. ance as a result of the project,s operation? ~Yes ~X'No 13. Will project have any impact on public health or safety? ___Yes X____No 14. Will project affect the existing community by directly Causing a growth in permanent pOpula- tion of more than 5 percent over a one-year ___Yes X No period or have a major negative effect on the charactu-~of the community or~/~borhood~ QUESTIO~;AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of : the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) PETROL STATIONS LTD. 'B.. Is the subject premises lis=e= on the real es=ate marne= ~or sale. er being shown to prospective buyers? { } Yes {XX} No. { } Yes ~X} No D~ 1. Are there any areas which contain wetl~d grasses? NO 2. Are the wetland ~eas shown on the map s~mitted with this application? NO 3. Is the property bul~eaaed between the wetlands area 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 dete~ination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea '.level9 N/A (If not applic~!e, state "N.A.") · F.' Are th~ any patios, concrete barriers, bulkheads or fe~ ' which e~ ~t ~d are not . s~mitting? . .NONE If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit.a copy of your building pe~it and map as approved by the Building Depar~ent. If none, please state. 'H. Do you or any co-owner also own other land close to this parcel? NO If yes,-please explain where or submit copies of deeds. I. Please list present use or operations conducted at this proposed us /87, 10/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of SoUthold. TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added 6-5-84 by L.L. No. 6-1984] TWE~'.u.~XFDS ['Amended 8-26-76 by L.L. ~o. 2-1976; 3-2So ~Sbv~L N~lg~ -,'~-. ~,.", A. DAL WETLANDS: (1) All lands ~ener~lly covered or in~rmitten~ly cov- ered with. or which border on. tidal wa~. or lands lying benea:h ~idal wa~ers, which a~ mean iow ~ide are covered by ~idal wa~ers ~ a maximum depth of · five (5) feet. includin~ but no: l/m/ted ~ banks. bogs. salt'marsh. Swamps. meadows, flare 0r ocher Iow lying lands subject m tidal scion: (2) All banks, bogs. meadows, fla~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the followln~ salt hay. black grass. 'saltworm. sea lavender. ~11 cord~s, high bush. cattails, groun~eL m~s~,~]ow ~d ~w (3) Ail ~d immediate~d~ncen:~ a fidnl w~t~nd ~ defined in Subsec:ion A(2) and ]yin~ within seven- ty-five (75) fee~ landward of the mos~ landward edge o~ such a tidal wetland. B. FRESHWATER WETLANDS: ' (~) "F - ,. rcshwatcr weflanas as defined in Article 24. Ti- fie I. ~ 24-0107. Subdiv{s{ons 1(~) to l(d) inclusive. of the Env{ronmen~{ Conservation L;w of the S~te of New York: and All land imraediateh, adjacent to a "freshwater wet · ns. as defined In Subsection B(1) and Dying with- m seventy-five (75l feet landward of the most land- ward edge of a "freshwater wetland." 9705 z- .'s. is · From : GORblAH ~ AS~LOCIATEC_; PHONE No. : 516 ?34 5346 Jun. O1 1995 2:03PM P06 has boon datoem~ed that th~ above noncoaforming ~/L~nd /~:l Building(u) '~/Uae(s) exiated on the e~ecttv~ du~e the presem Bulldi~g'Zono. Codu of To~ of gouthold, and may bo c~r,~inuud pursuant to and subject to %lie applt- l'l' 1$ FURTII~R CEB. TI¥).ICD '.h't~t, based %lpon iv~orm~tlon'prosented to tho Butldi~ II~Pect~'~'Ottloet tho occupancy and uso for which this Certffl- cate t~ l~ued tm as tol!OWO:~o.perry co,cains, ~ otory,on~ fi, rally, wood ~ft em~ .... ' tho t~foru0ald bull,ding, .~i~ttoll~ County Depavt,"c, on~ cf He~lth Approval,, UNDER~;~ITEf~S CE~TIZ,'ICAT~ NO. NOTICE I15 HEREBY GIVEN that' the' owner of the above prem:/se~ I~AS ~,'OT COIV$~N'I'I~D 'P'O AH INSPECTION of tile pvo~l~es by tho ~lu;ildin~ Inspe~- ha~been~onducl~d, Tht~ ~--,,' ',, , to ceeiffy {hat fha promises comply with all other ~pplicable COdu~ ur~d ttona, ih, ul:ume i-h~?iT'~'--- ....... From : GORMAN & ASSOCIATES PHONE No. : 516 734 5346 ) ;."OI~M No. 4 'I~AWN OF nOUTUOLD [tUI'LI)ING DEPARi'NEN? ~nut hold, N.Y. Jun. O1 199~ 2:02PM P05 CERTIFICATE OF Coungy Tax Map N~. lo00 D~ct~on 19~,, Block I ,~u~ 2~ .-~ :~ubdivJaion ...... Filed Map Nn.~ cnnforms sub~Lantiall¥ to the Application for Building Permit ~ereto:ore filed ~n this office dated JULY 31r 1987 .... ___pursuant to'which':' Uuilding Permit No. 16675-Z dated DECEMBER ~5r 19~7 was issued, a[id conforms to all of the requirements of the apPlJcable provieiona of the law. The occupancy for which ~hi~ i~sued is ALTER g CONVERT SEASONAL ANTYQUE s~Q{~K TO ARCU1TEcTs OFFICE AM APPLIED FOR. The ce:tificate ~s issued to PETROL STA?ION~ of the aforesaid building. SUFFOLK COUNTY DEPARTMEN'~ OF [{EALT[! APPROVAL N/A ., .... UNDI~RWRI~ERS CERTIFICATE NO. N-104736 - NOVEMBER 27~.~989 PLUMBERS C~ETIFICLRTION DATED' N/A Rev. 1/81 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE ,re?ER OwCER LAND DIST., ,SUB' LOT ACR.. ' TYPE OF BUILDING ' FARM SEAS. VL. IMP. TOTAL Y?oo NORMAL Acre FARM DATE BUILDING CONDITION BELOW ABOVE Value Per Acre Vzlue CO~. CB. MIC$. Mkt. Value REMARKS rilloble , ";RCNT,qG?. ~Voodland FRONTAGE ON ROAD ~eadowland 4ous~,'Plol~ DEPTH BULKHEAD DOCK Breezeway Garage Patio ! -Tota~ ~oundation ~.~ ~k~sement '! Fire Place ~Z ~e Roof I Recreation Room ~?yZ~er Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway TOWN Ob' SOt,4TIIOLD .~. ('° '-"'ICC, OF BUILDING IN$I-'IiCT~ '$OUTltOLD, N]".W YORI~ CEP. TIFICAT~Z OIv OCCUt)At:CY NONCONFORMING TI{iS !$ TO C~TIFY flat thc Lot ___ 23 . de~.~not~ecn~'m ~.o the ,~¢~ont B,,lldin~ ~onn Code of th~ Team of Sauthold for the fo!l~,Lng reasons; back, boon daterr~ined t. ha~ thc above nonconforming !i/'..~nd /5:l I!uilding(~) existed on the effeclive date the presen?. 13uilding Zone. Code of tho Town of Southold, and may be continued pursuant io and subject to the applt- cable Provl-ion~ of ~aid Cede. IT 1S FURTHER CE1%TI-~')/:D that, based upon information'pm~sented to the Iluildin~ lnspeot~'s'Oifice, the occupancy and usc for w~ich this Certift- cate is [~gued ~ aa follows; Property contains, 2 s~o~y,one fl, ally., wood framed dwelling{ 2 agory uh0p, wood framed g~rage; 2 abada, and all a/cu~ed in :he 'A' Residential Agricultural zone w/th access of ~ ~for~aid bu~I~lng. Suffolk County Department cf Health Approval _. a/a U,NDE,~¥.r/iiTEKS CEI%TIFICATE NO. JANE HAR'rIz MORRIS & Ally KI~G (ESTATE OF . (owner, l~B/t~q:a.~t~;~Jo~eP~/ne tO NOTICE IS HEREBY GIVEN that the' owner of the above premises I/AS NOT CONSEI'~TED TO Ail INSPECTION o£ the premises by the Buildin~ Inspeco tot to det~rn~lne ~ the premi~e~ comply with all applicabl~ codes and ord~- ancot, other ~han thc ~ui!ding Zunu Code, and therefore, no such i~$p~ctlon has been conducted, This Ce~'%ificatc, therufoz'c, does not, and 11; not h~t~ndcd to ccrtity that th: promises c~mply with all uther applicable codua and rcgula- tion~, · ", TOWN OF $OUTHOLD PROPERTY RECORD CARD ~ /~:d~"/'o~-/- ~_~ ,. ~OwNeR STREET 2.~ ~ VILLAGE DIST. SUB. LOT FOYER OWNER U~ . AcR. S I W ~PE OF BUILDING ' RE~. ~ S~S. VL. FARM CO~D CB. MlCS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS ? 7 ~lzfl~ ' ' .I I AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Volue Per Value Acre Hous~lot~ :, BULKH~D Totol DOCK COLOR Extensidn Extensibn Extension I~rch ~ Breezeway Walls Fire Place r~e Roof Bath Floors ln~erior Finish Heat Rooms 1st Floor Rooms 2nd F!oor Driveway JUDITH T. TERRY, TOWN CLERK RECEIPT 0 4 8 ~) 3 '7 · Town of Southold Southold, New York 11971 Phone: 516-765-1801 DAT ~~T- 19~=.~ ~CHECK ,TAI~ALI._ _?~t.~.e~s~P'/t.l, lm,..p~d o~ b,,d,,mh f~lmdadtq, md knpwa,,isdmtwnen,md.....- ,~E alo~ ~id tam a~ alo~ l~ ~ or fo~rly of ~th ~, fo~rty hff, .:'th ~' tS* (0~ bmr 3~.45 feetl ~M a~K MM 1~ ~tth 65° 37' ~" ~et &5,Sl'f~t To l~d o( ~ alq Mid la~ ~rth M' 0~,' ~" bit 3~.89 f~t to h'.l of ~ al~ ~td ~ Worth 47° 2t* 50" hot 1~7.~ f~t to t~ of BEI~ .,~ lnten~ to ~ tnt ui p~No of ~i~ J~ino Y. dM Nt~ a~ ~oNs~d, · rmoSdwt of hrfolk G~mty, Bev York ~ Bi Ol.O0 Ld~,O23.flOQ m m w m Immm w k' "k' iJlkWml dm~ml k ,,,d d-- emml'm ~ hE~utrtees vmler f, he IJ~6T o~ M:LLLq;E I. fflltCI, I B__OARO OF APPEALS, TOWN OF SOUTHOLD In thc Matter or the Petition of ?ETR0~L S?ATTONS LTD. totheBoardofAppealsnftheTownnfSouthnld To:Paul Tony Kaloski, Cutchogu~, Cutchogue Farms Ltd., NY 1~1935 c/o J. Gristina, NOTICE TO ADJACENT PROPERTY OWNER PO Box 1009, Cutchogue, NY 11935 Anna Barisic, New Suffolk Ave., New Suffolk, NY 11956 See ~eYerse side for additional adjacent property owners YOU ARE HEREBY GIVEN NOTICE: · ' 1. That it is the intention of the unde~igned to petition the Board of Appeals of ~c Tow~ of Southold to request a [Variance) (~KEJl:e~i~z~clbI~l~i~X~c~lY~ [circle choice] as proposed Lot ~4 has insufficient to%al area 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 5~5235 Hain R~ad. P. ui-.cSho_one. New York Tax Map No. 1000-109.00-01.00-023.000 3. Thattheproperty whichisthesubiectofsuchPetitionisl°catedinthef°U°wingz°ningdistrict: Approximately 30r000 sq.ft, alonq Rt. 25 is in the RO district and the balance of ~he. property is in the R-40 district. 4'Thatb%suchPetiiion~iheundersigned willrequestthefollowingretief: area ¥~iance as prDposed Lot ~4 of the subdivision has insufficient to~a~ ar~a ~11~ ..... ~' to Article VII Section 100-72 of the Southold Town ~ndm. " 5. That the provisions of the Sou[hold Town Zoning Code applicable to the relief sought by the under- signed are Article V'II Sect_ion 100-79 '.. 5[ ] Section 280-A, New York Town Law for approval of access over righ~(s)-of-way] ': 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there exa;nine the same during regular or,ce hours. (516) 765-t809. .. "': 7. Thal before the relief sought may be granted, a public hearing must be held on the matter by the. B6ard of Appea~s: that a notice of such hearing must be published at least five days prior to the date of such hearir;'g in the Suffolk Times and in the Long Island Travelcr-Mattituck Watchman, newspapers published in the T~wn of Southold and designated for the publication of such notices; that your your representative have the . 'right lo.appear a~d be heard at'such hearing. ~ ~~: . . K Pos50f~ce A~dresL _ .... ' ~ ~g~eL~in. Esq., PO: BOX 1210 Tel. No. ~ 516 ) T65-6085 [Copy of Sketch or plan .purposes.] .: showing proposal to be attached for convenience NAME Paul Tony Kaloski Cutchogue Farms Ltd. Anna Barisic Sidney Beebe & wf. Barbara Haur~s John H. Haurus & wf. Bernard Kuhlman Eu§enia Kapustka A. Zelinski & Wf. Alex Zelinski Jonas'E. 'Higbee, Robert A. & Loufse Scott Wade W. DaYey P 895 9~7 58L .=~._. Certified Mail Rece,, r ~ No Insurance Coverage Provided · ,~',z. ,. Do not use for International Mail Cedifled Fee /. R~%elp~h~ing ~ ,~ Re~&ing to W.om. PROOF OF MAILIN~ OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDR£55 Cutchogue, NY 11935 c/o J. Gristina, PO Box 1009, Cutchogue, New Suffolk Ave., New Suffolk, NY 11956 PO Box 979, 24925 Main Rd., Cutchogue, 25025 Main Rd., Cutchogue,~'NY 11935 25025 Main Rd., Cutchogue, NY 11935 25255 Main Rd., Cutchogue, NY 11935. Alvah's Lane, Cutchogue, NY 11935 Cutchogue, NY 11935 Cutchogue, NY 11935 Jr. & wf. 555 Alvah's Lane, Cutchogue, Alvah's Lane, Cutch6gue, NY Alvah's Lane, Cutchogue, '~Y 11935 NY 11935 NY 11935 NY 11935 11935 93 residingat Fa~t _u_=_r,_cn, }.Ty , being duly sworn, deposes and says that on the ~ da), deponent mailed a true copy of the Notice'set forth On the r.eo. verse side hereof, to each above-named persons at the addresses set opposite their respective ' · : rl~mesj ~hat' the addresses set opposite the names of said persons are the addresse~ of said persons as shown on :th~.current assessment roll of.the.Town of Southold;tha! said Notices were mailed at the United States Post ficeat 'Southold, NY · ..{cer~ificd) (~trg~Xtlll((X) mail..: Sworn to before me~%is ~ Notary Public · ' eu l , sum NewYod . . 4S'rZOS3. County '/ Term Explr~ S~ 22,19Z'~ (This side does not have to be complet'ed on form transmitted to adjoining property ownerS,) · ;'. SUBDIVISION PETROL AT FOR S TA TIONS CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK 'COUNTY, 2N3. Y. 1000 - 109 - 01 - Scale 1" = 100' Jan. 12, 1987 June 27, ?990(revised lots) Jan. 22, 1991(revised lots) June ~8, 1991 (revised) Jen, 16,1992(revised) Dec. 1,1992 (revised) April 26, 199~ (revised) Aug. 20, 1995 (~Yells & C,P.s) LTD. NO TE' LOT 4 TO HAVE NO DRIVEWAY ACCESS TO MAIN ROAU [ S. R. 25' TOTAL AREA = $.838acree AREA LOT I = 1.965acres AREA LOT 2 = [792anree AEAA LOT $ = 0.990 ac. rea AREA LOT 4 = [ogS scres I do certify that this map was made by us from ant~al and that all concrete momlments have been (or will be) set as shown thus · ~reon ~ This ia to certify that the subdivision plan hee been approved b the planning board of the ~own of Southold by resolubon ~ ~pprovlJ dated. ' by Chaire~ Planning Board APPLICANT : PETROL STATIONS, INC. CIO THOMAS I GORMAN LOVE LANE MA TTITUCK. N K ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO TOPOGRAPHIC OF FIVE EASTERN TOWNS, TEST HOLE DATA LOAM ROAD TYPICAL PLOT PLAN TYPICAL WELL, DETAIL TYPICAL SEWAGE DISPOSAL SYSTEM COVENANT THE VEGETATED BUFFER AREA IS TO REMAIN UNDISTURBED. MAINTENANCE OF NATURAL VEGET,4'~,N~:,; , ,,~?,~, ,:% ~ E.G. REMOVAL OF DEAD OR DISEASED PLANTS)~ SHALL BE THE ONLY ACTIVITY ALLOEED IN (~: The local]on, of we/Is an4 cesspools ~ ' shown hereon ~re from field obserwtio~ ' . ' one or from dol~ obtol~ed from olhers ~x~, -, st~darda for title surveys as est¢lished ¢ .~/~ ~¢v. Y o. UC. NO. by the L lA.L.S. ~d ~proved ~d adopted ~ ........ for such uae b~ The New York S · · Title Association. (~16) 785 - 5020 ~ O. BOX 909 MAIN ROAD SOUTHOLDf NE 11971 RR - 49618 APPROVED BY PLANNING BOARD TOWN OF $OUTHOLD DATE June 13, 1994 Southold Town Planning Board Town of Southold Town Hall. 53095 Main Road P.O. Box 728 Southold New York 11971 RE: Petrol Stations Dear Sirs: Below are the calcuiations for rain water r,;noff for the asphalt parking/driveway areas at the Real Estate, Architects Office and garage. Drainage calculations for the subdivision road were submitted 5/23194. parking/Driveway surface: 6t54 sq ff of asphalt surface X 2" rainfall (0.1667) X 1.0 runnoff factor = 1,026 cuft rain water /. Lawn/Landscaped Area to absorb rain water runoff from asplhalt surfacing= 12,009 sq ft area RAIN WATER RUNOFF: 1,026 cuft AREA TO ABSORB RUNOFF: 12,000 eq ft Analysis: Rain water runoff is equal to an additional 1 inch of rain water over the lawn and landscapped areas. tf you have any questions, please do not hesitate to call us Sincerely, SAMUELS & STEELMAN ARCHITEOTS SITE PLAN DATA OWNER: PETROL STATIONS LTD C/O THOMAS J, OORMAN P.O. BOX 1445, MATTITUCK N.Y. 11952-0989 Tel, #: 516 298 847~ ARCHITECTS: SAMUELS & STEELMAN ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NY 11935 516-734-6405 SITE PLAN TAKEN FROM SURVEY PREPARED BY: PECONIC SURVEYORS LICENSE # LS 49618 DATED: 01112/87 REVISED' 08/20/93 PARKING REQUIREMENTS: 1. REAL ESTATE OFFICE[. (t Space/100 SF) 780/100 = 7.8 spaces 7.8 spaces ARCHITECTS OFFICE (1 Space/lO0 SF) 796/100 -- 7.96 spaces 7.9 spaces 3 STORAGE 0.3 space (1 space/1000 SF) 373 SF/1000 = 0 3 APARTMENT I space (1 space/Apartment) TOTAL SPACES REQUIRE[~ t7 SPACES TOTAL SPACES PROVIDED 10 SPACES TOTAL SPACES LAND BANKED FOR EUT~JRE USE' 7 SPACES TOTAL SPACE~: 17 SPACES Z