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HomeMy WebLinkAbout39498-ZCERTIFICATE OF OCCUPANCY No: 37470 Date: THIS CERTIFIES that the building COMMERCIAL Location of Property: 330 Main St, Greenport, SCTM #: 473889 Subdivision: Sec/Block/Lot: 34.-3-22 Filed Map No. 2/10/2015 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/8/2015 pursuant to which Building Permit No. 39498 dated 1/21/2015 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: alterations to an existing Gasoline Station with convenience store "as built" per ZBA #6463, dated 8/18/2011. The certificate is issued to Brostar LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 35822 9/27/2010 Auth rite i ture Town of Southold 2/10/2015 P.O. Box 1179 ' s: 53095 Main Rd v W : Southold, New York 11971 ~1 631-765-1981 CERTIFICATE OF OCCUPANCY No: 37470 Date: THIS CERTIFIES that the building COMMERCIAL Location of Property: 330 Main St, Greenport, SCTM #: 473889 Subdivision: Sec/Block/Lot: 34.-3-22 Filed Map No. 2/10/2015 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/8/2015 pursuant to which Building Permit No. 39498 dated 1/21/2015 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: alterations to an existing Gasoline Station with convenience store "as built" per ZBA #6463, dated 8/18/2011. The certificate is issued to Brostar LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 35822 9/27/2010 Auth rite i ture (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 39498 Date: 1/21/2015 Permission is hereby granted to: Brostar LLC PO BOX 777 Cutchoaue. NY 119350777 To: construct alterations to a Gasoline station with convenience store "as built" per conditions of ZBA #6463 and Planning Board approval as applied for At premises located at: 330 Main St. Green SCTM # 473889 Sec/Block/Lot # 34.-3-22 Pursuant to application dated 1/8/2015 and approved by the Building Inspector. To expire on 7/22/2016. Fees: CO - COMMERCIAL $50.00 AS BUILT - COMMERCIAL ADDITIONS/ALTERATIONS $500.00 Total: $550.00 s Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 39498 Date: 1/21/2015 Permission is hereby granted to: Brostar LLC PO BOX 777 Cutchoaue. NY 119350777 To: construct alterations to a Gasoline station with convenience store "as built" per conditions of ZBA #6463 and Planning Board approval as applied for At premises located at: 330 Main St. Green SCTM # 473889 Sec/Block/Lot # 34.-3-22 Pursuant to application dated 1/8/2015 and approved by the Building Inspector. To expire on 7/22/2016. Fees: CO - COMMERCIAL $50.00 AS BUILT - COMMERCIAL ADDITIONS/ALTERATIONS $500.00 Total: $550.00 s Building Inspector Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 pF SO(/jyo� #t #t O. • �Q COUNT I,� BUILDING DEPARTMENT TOWN OF SOUTHOLD Telephone (631) 765-1802 Fax (631) 765-9502 roger.richert(cD-town.southold.ny.us CERTIFICATE OF ELECTRICIAL COMPLIANCE SITE LOCATION Issued To: Bro Star LLC Address: 330 Main St City: Greenport St: NY Zip: 11944 Building Permit #: 35822 Section: 34 Block: 3 Lot: 22 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: Ben Doroski DBA: Custom Lighting of Suffolk License No: 38893 -me SITE DETAILS Office Use Only Residential Indoor X Basement X Service Only Commerical X Outdoor X 1st Floor X Pool New Renovation 2nd Floor Hot Tub Addition Survey Attic Garage Service 1 ph Heat Duplec Recpt 9 Ceiling Fixtures 6 HID Fixtures Service 3 ph Hot Water GFCI Recpt Wall Fixtures Smoke Detectors Main Panel A/C Condenser Single Recpt 30a Recessed Fixtures CO Detectors Sub Panel A/C Blower Range Recpt Fluorescent Fixture 6 Pumps Transformer Appliances Dryer Recpt Emergency Fixture Time Clocks Disconnect Switches 4 Twist Lock Exit Fixtures f] TVSS Other Equipment: gasoline station / mini mart Notes: 3 -explosion proof canopi lights, 1 combination exit -emergency light, 1 paddle fan, 2 gasoline dispencers with required hazordous location equipment Inspector Signature: oatpDate: Sept 27 2010 81 -Cert Electrical Compliance Form '' � " � Z ,`o�►�Of SOUjyolo j4 2 TOWN OF SOUTHOLD BUILDING DEPT. 76S-1802 INSPECTION [ ]FOUNDATION 1ST [ ]ROUGH PLUMBING [ ]FOUNDATION 2ND [ ]INSULATION [ ] FRAMING 157itAPPING]FINAL [ ]FIREPLACE &CHIMNEY FIRE SAFETY INSPECTION [ ] FIRE RESISTANT ca+srnucnon Flne RESISTANT veNErrtana+ I l ELECTRICAL (ROUGH) C I ELECTRICAL (FINAL) [ ]CODE VIOLATION [ ]CAULKING DATE 1 �ZC� ^ /5 - INSPECTOR TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION ] FOUNDATION 1 ST [ ] ROUGH PLUMBING ] FOUNDATION 2ND [, ] INSULATION ] FRAMING/ STRAPPING[ ] FINAL ] FIREPLACE A CHIMNEY [ IRE SAFETY INSPECTION ] FIRE RESISTANT CONSTRUCTION IRE RESISTANT PENETRATION ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) ] CODE VIOLATION [ ] CAULKING KS: :S% DATE � Z q - / INSPECTOR FIELD 1NSP$ N pOi�T AAT cou3 ms . FOUND,A.'I'COl+i (1ST) • FOUNDATION (ZND) i ROUGH FRADTINQ & PLUM3VG rA � H INSULATION PER N. Y. STATE ENERGY COTE H FINAL , f 0 VJ Q✓(771 r � TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net PERMIT NO. 3741` Examined I 20_L�5 Approved Z 20_ Disapproved ajc q lo Expiration : >'j; 20A_ .DG. DEPT. OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST -�L& ' Building Inspector Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm -Water Assessment Form Contact: Mail to: Phone: APPLICATION FOR BUILDING PERMIT Date &411fl INSTRUCTIONS a. I his application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ' corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder VV,1 Cr Name of owner of premises If applicant is a corporation,.si ame and title of Builders License No. Plumbers License No. Electricians License No._ Other Trade's License No. 1. Location of land on w House Number Street (As on tl% tax roll or latest deed) of duly authorized officer officer) ill be et County Tax Map No. 1000 Section 0 Block 3.00 Lot 0 Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy A A!ral1W 5jf h"dw b. Intended use and occupancy 3. Nature of work (check which applicable): Repair Removal New Building Addition k1teratip Demolition Other Work 1'/ AJ"041if �'�jf7`'��gQ�` Description) 4. Estimated Cost #; rj O �j� Fee 5 (To be paid on filing this application) If dwelling, number of dwelling units N 1A Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front , 3 Rear 2 Heightrd)(. Number of Storiesp Dimensions of same structure with alterations or additions: Front Depth Height Number of 8. Dimensions of entire new construction: Front Rear. Height Number of Stories 9. Size of lot: Front 10. Date of Purchase Rear Depth ame of Fc 11. Zone or use district in which premises are situated Depth ( . ! 1 rnj ffe ,- -- eat-. _ Depth i 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re -graded? YES NO-k,'Will excess fill be removed from premises? YES -NO� I NX 14. Names of Owner of premises 31'0[131t^ 1 �— C Address 4io�neNo. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO �C * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO� * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY 06k_ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) Notary York of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thi day of - 20 J C) Notary Public 1 Signature of Applicant TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net PERMIT NO. �-7 11"JP Examined , 20 I I Jaw -7 2015 I' Approved , 20 Disapproved a/c i T= -- Board -- Expiration 20 Building Inspector of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm -Water Assessment Form Contact: Mail to: Phone: �3 9 Aao� � APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date-JANUAlzY q , 20 JVD a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot' plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. r?1-0 54r UC, (Signature of applicant or name, if a corporation) 31 D& 34 A ST 1AP7-1 P(-)To/&A NY (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder o�4 NE/L Name of owner of premises 13e05 / ,q e LLC_ -7 (As on the tax roll or latest deed) If appyy t is,orporation, signatof duly authorized officer / (Name and title brporate officer) �13uilders License. Plumbers Li se No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: i! b0 MQI N S717Ze1rT 14fZ96N(20107- House Number Street Hamlet.;1.1 ii+(ii► r �. County Tax Map No. 1000 Section 3� Block ,3 LW08P N t 0 ,OiA Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and yccupancy of pfoposed constrVction: a. Existing use and occupancy % �/)( b. Intended use and occupancy_q sp ' -,1 �i - nd Ali! Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work V.CQPZ Ftam (Description) 4. Estimated Cost Fee (To be paid on filing tI/hii' a plication) 5. If dwelling, number of dwelling u its Number of dwelling units on each floor N If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. COH 0" I CSC 104ci 7. Dimensions of existing structures, if any: Front -:,) --/— D pRear r,4" Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated Rear 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NOIZ 13. Will lot be re -graded? YES NO, Will excess fill be removed from premises? YES NO �l ole J ay- APrj k31905- 2� 14. Names of Owner of premises 15SQ 7044► � Address Phone No. Name of Architect lGaK SANTZa/ 9 Addres )V U' Phone No O/ Z111T Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NOV/ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) ,11 iM SEAM 0S being duly sworn, deposes and says that (s)he is the applicant (?Name of individual signing contract) above named, (S)He is the , Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this h day of , L% ,�( 20/�5 Of Nov York No.01HMf1i01Exp CalIm rnnlhabn FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 23, 2010 TO: Brostar LLC 330 Main Street Greenport, NY 11944 Please take notice that your application dated August 28, 2010 For a permit for operation of a convenience store/service center/gas station in a pre- existing gas station/service station at Location of property: 1100 Main Street, Greenport, NY County Tax Map No. 1000 - Section 34 Block 3 Lot 22 Is returned herewith and disapproved on the following grounds: The existing convenience store use is not permitted pursuant to Article XXIII 280-121 A which states: "Shall not be enlarged altered extended reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." The existing convenience store use resulted in the alteration of the property. In addition, approval from the Southold Town Planning Board is required. 14, Signature FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 12, 2004 AMENDED: May 28, 2004 RENEWED: November 28, 2007 RENEWED: February 1, 2011 TO: Edward Johnson A/C ZYMET Inc. (Spans) 326 Main Street Center Moriches, NY 11772 Please take notice that your application dated May 10, 2004 For permit for the operation of a convenience store/service center/gas station in a pre-existing, non- conforming gas station/service station at Location of property 1100 Main Street, GreenportNY County Tax Map No. 1000 -Section 34 Block 3 Lot 22 Is returned herewith and disapproved on the following grounds: The existing convenience store use is not permitted pursuant to Article XXIV Section 100-241. A which states. "Shall not be enlarged altered extended reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by means whatsoever " The existing convenience store use resulted in the alteration of the property. In addition, approval from The Southold Town Planning Board is required This Notice of Disapproval was amended on May 28, 2004, to remove the reference to anon conforming service center. Based on affidavits from the owner and a customer, receipts for automotive_ service work completed, and other documentation, the Building Department has determined that the service center use has been in operation during the past two years o Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning ` BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 III AUG 24 2,01 100 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 BLDG. DEPT. TOWN OF SO THOLD ZBA FILE: 6463 Interpretation NAME OF APPLICANT: Brostar LLC PROPERTY LOCATION: 1100 Main St., Greenport, NY CTM#1000-34-3-22 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A14-25, and the Suffolk County Department of Planning issued its reply dated March 15, 2011, stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 21,379 sq. ft. parcel in the R- 40 Zone. The northerly lot line measures 160.65 feet along adjacent property, the easterly lot line measures 134.37 feet along another adjacent property, the southerly lot line measures 159.96+/ - feet along Champlin Place, and the westerly lot line measures 134.34 feet along Main St. The parcel is improved with structures that include gas pumping facilities and a 24ft.x25.9ft. building, containing a store/sales area, a detached, 30ft.x40ft. two bay vehicle repair building, underground petroleum products storage tanks, miscellaneous accessories such as an outdoor air pump, outdoor vacuums, various monitoring wells, and a separate 8.1 ft.x42.4ft. metal storage trailer with an attached 9.7ft.x12.1ft. shed located in the rear yard area of the property. The Building Department has issued a pre Certificate of Occupancy for the use of the property as a "Gas/Service Station." The property and the improvements are shown on the site survey drawn by Pat T. Seccafico, dated Oct. 12, 2004, and updated May 06, 2008, and also May 06, 2011. BASIS OF APPLICATION: This is a request under Section 280-146D for an Interpretation of the Town Code, Article XXIII, Section 280-121, "Non -Conforming uses", appealing the Building Page 2 — August 18, 2011 ZBA File#6463 — Brostar, LLC CTM: 1000-34-3-22 Inspector's February 1, 2011 Notice of Disapproval for a permit for operation of a convenience store in pre- existing gas station/service station. RELIEF REQUESTED: The Applicant requests that the Zoning Board of Appeals consider that the Building Department's denial of a permit to operate a convenience store as part of the pre- existing non -conforming gas/service station, to have been made in error. The Applicant further requests that the Board determine that the convenience store be considered a pre-existing accessory use for their business operation, and that it may be legally permitted as an accessory, but also integral part of the pre-existing gas/service station business. BACKGROUND AND ADDITIONAL INFORMATION: The Southold Town Planning Board in a memorandum dated April 18, 2011, has stated that as part of a Town wide review of Zoning, Town legislation changed the zoning of the Applicant's property in 1989, Southold Town and re -zoned the property from R/AG to R-40. As stated in their memorandum, "...pre-existing nonconforming uses are allowed to continue in the interest of protecting property owners' existing uses at the time of the zone change. However, the concept behind changing the zone when the current use is not allowed is that the existing use is considered inconsistent with the Town's Comprehensive Plan, and eventually the use will phase out overtime. This seems to have been the intent of the legislation which changed this zoning district to R-40." In the zone maps information included in maps dated between 1956-57, 1970-1971, 1986, and 1988, compared with a current map, it becomes evident that from 1956 -1970 this property was included in a B Business Zone, which did not allow gas/service stations as a permitted use as of right. In 1970 the area was re -zoned into residential/agricultural (R/AG) Zone. In 1989 the area was again re -zoned into a residential (R-40) Zone. This property has been the subject of an application before the Board in the 1990s. During that time, Suffolk County passed new legislation which required all operating gas stations to upgrade their facilities to become compliant with County regulations regarding fuel storage tanks and fuel pump fire suppression systems. The Applicant ceased to operate the gas station pumps and temporarily ceased all gasoline sales pending the installation of new storage tanks and a new fire suppression system as required by the new County Law. A Notice of Disapproval was issued by the Town Building Department on Dec. 7, 1992 which cited Town Code Article XXIV, Section 100-241(G) which stated " Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefore shall have been granted by the Board of Appeals. In Decision #4143 dated April 22, 1993, the Zoning Board of Appeals determined that although gasoline was not being pumped or sold during this County required construction upgrade, "that the non -conforming use of gasoline sales has not been intentionally abandoned." In the Decision the Board states "The commercial use at the site for indoor servicing and repair of vehicles in the garage building and sales of oil and gasoline products in the service station, with incidental office areas, is known to exist since prior to the enactment of zoning in 1957. It is also noted that Certificate of Occupancy No. Z6739 was issued on October 17, 1977 by the Town's Building Page 3— August 18, 2011 ZBA File#6463 — Brostar, LLC CTM: 1000-34-3-22 Inspector confirming the preexisting use of this business, and affidavits supporting this fact were submitted sworn by residents of the Town." In the Decision #4143 the Board also states "The record shows that a permit was issued by the County Department of Health Services on March 17, 1992." On Oct. 08, 2010 a new Certificate of Occupancy No. Z-34602 was issued to the Applicant in reference to Building Permit No. 35822-Z dated Sept. 2, 2010, for "Upgrade an existing gas station as applied for", also in reference to ZBA Decision #4143 dated April 29, 1993. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 2011, and on July 7, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Interpretation of 5280-121(A): The Notice of Disapproval was based on the Applicant's application dated 08/28/10, to the Town of Southold Building Dept. for a permit for "operation of a convenience store/service center/gas station in a pre-existing gas station/service station". The Applicant's request to be permitted for the convenience store use was denied by the Building Department. The Notice of Disapproval states that the existing convenience store use is not permitted by §280- 121 (A) of Town Code, and that the pre-existing gas station/service station use "[s]hall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use, on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." The Notice also states, "The existing convenience store use resulted in the alteration of the property." Furthermore, the Notice also states, "In addition, approval from the Southold Town Planning Board is required." The Applicant maintains that, although throughout the years the particular items for sale may have changed, the property currently has, and always has had, a continuously operating "convenience - type store" at the premises, in the same structure, as a non -conforming use, along with the gas/service station operation, since "prior to the enactment and effective date of the relevant zoning code." The Applicant maintains that there has been no physical expansion of this type of use, or no new nonconforming use as a convenience store. The Applicant submitted various pertinent documentation for the record, including: 1. A copy of a portion of the minutes of a Southold Town Board Meeting on Sept. 22, 2009. 2. A copy of a current Suffolk County Department of Health Services Permit "To operate a toxic or hazardous materials storage facility", dated 07/01/11. 3. A copy of a current New York State Liquor Authority License for "Grocery store selling beer, and wine products", dated 10/23/09. Page 4 — August 18, 2011 ZBA File#6463 — Brostar, LLC CTM: 1000-34-3-22 4. A copy of a current Notice of Inspection issued by the NYS Dept. of AG and Markets, Division of Food Safety and Inspection, dated 12/23/2010. 5. A copy of a Certificate of Occupancy issued by the Town of Southold Building Dept. dated 10/08/10, for "Upgrade an existing gas station as applied for and per ZBA #4143". 6. Testimony of Gary Lillis as to the use of the property prior to 1957 and testimony of the present property owners. This Board finds that the Building Department properly interpreted this section of the code and that Brostar has changed the use of this Gasoline/service station to a Gasoline/service station with a convenience store well after 1957. Most of the information provided by the applicant documented the use of the property well after the 1957 enactment of zoning and is irrelevant to this Board's consideration. The Board is simply required to decipher what the use of the building was prior to 1957 and to establish whether or not there was a change in use that would eliminate the pre- existing non -conformity. It is clear that there were always 2 buildings on this site, along with the gas pumps. One of the buildings was utilized for the servicing and repair of cars. It is the use of this second building that is at issue. The only relevant testimony provided by the Applicant was that of Gary Lillis, who recalled that in 1957, when he was the age of 10, that there was a candy counter, and that cigars, insecticide spray, flashlight batteries and soft drinks were sold, in addition to oil, filters, spark plugs, head lamps, and other items affiliated with automobiles. Mr. Lillis did not testify as to what areas of the building were dedicated to the sale of such products. However, a survey submitted by the applicant's predecessor, prepared by Van Tuyl and dated September 25, 1975 notes that the building was a "service station." According to Town Code, a service station is defined as; GASOLINE SERVICE STATION -- A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage or a body shop. Since this definition was not added to the code until the 1980's, the Zoning Board of Appeals has also considered the Webster's definition) of service station (inserted in 1916) which is as follows: "a retail station for servicing motor vehicles especially with gasoline and oil". The pre-existing certificate of occupancy for this site as issued in 1975 notes that the site was utilized as a "gas/service station." However, the survey of Pat T. Seccafico, last updated on January 6, 2011 and the September 25, 1975 survey submitted by Brostar in connection with the use of the property surveys references the building presently housing the convenience store as a "1 sty. conc. block store" (emphasis added). These facts indicate that the use prior to 1957 was different than the use of the property presently. Additionally, plans submitted by the applicant in connection with the 1992-93 ZBA variance application, while not directly considered by the ZBA at the time, indicate that a large portion of the building at issue was utilized as an office with a counter as late as 1993, as opposed to the use of the entire building as a convenience store. Finally, the Building Permit application submitted by Brostar on August 28, 2010, which formed the basis of the Building Department's Notice of Disapproval indicates a distinction between the existing use, that of a "Gasoline/Service Station" 1 It is noted that §280-4 and prior versions of the Town Zoning Code expressly refer to definitions in the dictionary if not specifically defined therein. Page 5 — August 18, 2011 ZBA File#6463 — Brostar, LLC CTM: 1000-34-3-22 and the intended use "gasoline/service station and convenience store." As such, the Applicant has conceded that there has been a change in use from, at the very least, 1975 to the present day. In consideration of the above facts in record, the Board finds that the Building Department correctly found that there was an alteration of the use from what existed on the site in 1957 and the convenience store use that is presently in this building. ZBA approval of a Change in Use Pursuant to $280-121 (C) Pursuant to §280-121(C), a nonconforming use of a building: Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of this Board, is of the same or of a more -restrictive nature. While the applicant has not directly requested the approval of a change in use under §280-121(C), this Board, sua sponte, has determined in the interest of fairness and justice to consider this application under this section. The applicant has provided sufficient proof to illustrate that the present use, while nonconforming, is of the same nature of the use that was in existence in 1957. The record contained evidence of the type and nature of the use in 1957, which included people stopping for gas and/or people from the surrounding community stopping at the store to purchase certain items. The Board further supports this change of use because of the unique circumstances present on this site including the existence and continuous use of the building since prior to 1957, the testimony of Mr. Lillis that verified the building was utilized to sell more than automobile accessories prior to 1957, the small size of the building, the Town's rezoning this parcel to a residential zone and its location on the Main Road. While the items sold may have changed over time, and the present owner has increased the number of items and the space dedicated to the sale of such items, given the unique circumstances present and because the present use is of the same nature of the use of the building in 1957, this Board approves such a change in use with the followinonditions: Pthpiprdecision. e Applicant's convenience store accesso a is subjedt to wn Planning Board site plan roval and the applicant must submit an application and obtain approval within two (2) years of The Applicant's failure to comply with this condition will render this decision null and void. 2. Maximum current gross floor area of the store shall not be expanded and the use may become part of its pre-existing non -conforming use of the property. As such any further change in use or expansion of use will cause the property owner to lose its pre-existing non -conforming status. 3. The definition of convenience store as it presently exists in chapter 280 will apply to this store. CONVENIENCE STORE -- A retail store generally less than 5,000`square feet that is designed and stocked to sell prepackaged food items, beverages, periodicals and household goods for off - premises consumption. [Added 11-4-2009 by L.L. No. 14-2009] Page 6 — August 18, 2011 ZBA File#6463 — Brostar, LLC CTM: 1000-34-3-22 4. e Applicant will secure and maintain an up to date status for any and all other necessary its from Town, County and State regulatory agencies that are required for the valid continuation of the convenience store accessory use. RESOLUTION OF THE BOARD: In considering all of the above, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried, finding that that the Building Department correctly found that there was an alteration of the use from what existed on the site in 1957 as compared to the convenience store use that is presently in this building. The Board conditionally grants the applicant a change of non -conforming use in accordance with §280- 121(C). Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Horning, Goehringer, Schneider. Nays: Me er Wei%sman (Chair rson), Dinizio. This Resolution was duly adopted (3-2). Leslie Kanes Weisman, Chairperson Approved for filing 9 /Q /2011 .,/' 0 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR February 11, 2014 Michael D. Solomon, Esq. 2950 Hempstead Turnpike Levittown, NY 11756 11 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54376 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 ID FEB 1 2014 TOWN 01 k*01:I %n Re: Approval for the Proposed Site Plan for Brostar, LLC (Spanos) 1100 Main Street, WE corner of Main Street & Champlin Place, Greenport SCTM#1000-34-3-22 Zoning District: R-40 Dear Mr. Solomon: The following resolutions were adopted at a meeting of the Southold Town Planning Board on February 10, 2014: WHEREAS, this proposed site plan is for the approval of an existing site that includes a gas station, 1,200 sq. ft. service center and a 621 sq. ft. convenience store in the R-40 Zone, pursuant to the decision of the Zoning Board of Appeals # 6463; and WHEREAS, on August 18, 2011, the Southold Town Zoning Board of Appeals (ZBA) reviewed the subject site pursuant to §280-121(C) of the Town Code, as a change in the nonconforming use of a building. The ZBA subsequently approved such change of use as recorded in their File #6463 with the following conditions: 1. The Applicant's convenience store accessory use is subject to Town Planning Board Site Plan Approval and the applicant must submit an application and obtain approval within two (2) years of this decision. The Applicant's failure to comply with this condition will render this decision null and void. 2. Maximum current gross floor area of the store shall not be expanded and the use may become part of its pre-existing non=conforming use of the property. As such any further change in use or expansion of use will cause the property owner to lose its pre-existing non -conforming status. 3. The definition of convenience store as it presently exists in Chapter 280 will apply to this store. CONVENIENCE STORE — a retail store generally less than 5,000 square feet that is designed and stocked to sell pre-packaged food items, beverages, periodicals and household goods for off -premises consumption. 9 Brostar, LLC Page Two February 11, 2014 4. The Applicant will secure and maintain an up-to-date status for any and all other necessary permits from Town, County, and State regulatory agencies that are required for the valid continuation of the convenience store accessory use; and WHEREAS, on December 26, 2012, James Spanos, the owner, submitted an application for site plan review; and WHEREAS, on January 28, 2013, the Planning Board reviewed the application and determined it incomplete, requiring further information and revisions to the site plan; and WHEREAS, on July 31, 2013, the Planning Board notified the applicant that the application remained incomplete; and WHEREAS, on August 17, 2013, ZBA File #6463 expired for the subject site and a six (6) month extension (August 17, 2013 - February 17, 2014) to obtain Site Plan Approval was granted by the ZBA; and WHEREAS, on October 7, 2013, the Planning Board reviewed the application and determined it remained incomplete; and WHEREAS, on October 15, 2013, the Planning Board received a letter from Joseph Fischetti, Jr., P.E., certifying the subsurface sanitary system comprising of two (2) 8 -foot diameter leaching pools in operating order and providing service to the existing lavatory; and WHEREAS, on November 18, 2013, the Planning Board reviewed the application and found it complete for review with further information to be submitted immediately; and WHEREAS, on December 3, 2013, the Applicant provided the required information to this Department and the Board formally accepted the application for review; and WHEREAS, on December 4, 2013, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on December 17, 2013, the Southold Town Engineer reviewed the above - referenced application and determined that the existing drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on January 2, 2014, the Greenport Fire District determined there was adequate fire protection for the site; and WHEREAS, on January 13, 2014, a public hearing was held and closed; and WHEREAS, on January 16, 2014, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and • Brostar. LLC Pape Three February 11, 2014 WHEREAS, on January 23, 2014, the Town of Southold LWRP Coordinator reviewed the above -referenced project and determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on January 27, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold, have been met; and WHEREAS, on February 10, 2014, the Southold Town Chief Building Inspector reviewed and permitted the use of a convenience store in this R-40 zoning district pursuant to ZBA Decision File #6463. In their decision, the Zoning Board of Appeals allowed the change from one non -conforming use to a similar non -conforming use to continue pursuant to §280-121 C; therefore, be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "BROSTAR, LLC", prepared by Allan Glenn Bernhard, P.E., dated July 13, 2012, last revised October 16, 2013, received by the Planning Board December 3, 2013 and authorizes the Chairman to endorse the site plan with the following three (3) conditions: Conditions: 1. On or before July 10, 2014, the Applicant shall complete the following: a. Remove the existing storage trailer on site as it poses safety concerns pursuant to §100: BUILDINGS, UNSAFE; PROPERTY MAINTENANCE. b. install a traffic -bearing cover or attachment over the fuel reservoir fill pipe that is at or near grade to allow vehicles to be able to drive over it. The design, engineering and permitting, if necessary, of this cover to be determined by the regulations of relevant agencies. Currently there is a raised cover and traffic cone located at this location, which creates a traffic circulation problem by blocking safe ingress and egress to the site. This condition is to ensure that patrons can safely maneuver over and around the fuel fill(s). c. Complete all proposed on-site landscaping to mitigate the existing commercial uses on site from the adjacent residential properties. 2. Site Plan Approval will be considered null and void if the above conditions are not completed on or before July 10, 2014. 0 Brostar, LLC Page Four February 11, 2014 3. Failure to complete the above conditions of the Site Plan Approval by July 10, 2014 will constitute a failure to meet the ZBA's Findings and Determinations. Please also note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen (18) months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site. Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Building Dept. w/map Town Engineer w/map 6 ENING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR July 23, 2014 Michael D. Solomon, Esq. 2950 Hempstead Turnpike Levittown, NY 11756 • MAILING ADDRESS: OF soar y�lO P.O. Box 1179 Southold, NY 11971 hO�� OFFICE LOCATION: Town Hall Annex CA 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtowmny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Approved Site Plan for Brostar, LLC 1100 Main Street, Northeast corner of Main St. & Champlin PI., Greenport SCTM#1000-34-3-22 Dear Mr. Solomon: I am writing as a follow-up to the Planning Board Work Session held on July 21, 2014, where the above -referenced Site Plan was discussed with regard to the conditions of Site Plan Approval in the resolution dated February 10, 2014. Based on the site inspection conducted July 9, 2014, the following requirements were made: 1. The terms listed in Condition #1 of the approval resolution have been completed prior to the deadline of July 10, 2014 and constructed to the satisfaction of the Planning Board. 2. Please notify this Department for the purpose of a final site inspection for the issuance of a Certificate of Occupancy, when the remaining elements of the Approved Site Plan have been constructed. Items remaining: a. ADA compliant parking stall striping and signage; b. Installation of three (3) drywelis as shown on the Approved Site Plan. The drywells require confirmation from the Town Engineer that they were notified prior to construction and installed pursuant to the Approved Site Plan and §236, or, certification from a NYS licensed engineer confirming that the drainage was installed to meet or surpass the requirements found in §236 of the Town Code. The Site Plan Approval expires on August 9, 2014, and the remaining site work listed above must be completed prior to that date. ID • Brostar, LLC Page Two July 24, 2014 Please, if you have any questions regarding this site plan or its process, or experience a problem meeting the above time frame, do not hesitate to call this office. Very truly yours, c.x�tM� Brian A. Cummings Planner LJ 41 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 21, 2014 4.00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications _Project name: Greenport Harbor Brewery _ I SCTM#: I SCTM#1000-75-1-14 Location: 42155 Main Road, Peconic I Description: This proposed amended Site Plan is for the renovation of three (3) Status: existing buildings–formerly an auto dealership–into a micro -brewery. Action: Buildings 1 & 2 total ±13,000 sq. ft. and contain a micro -brewery A� ttachments: j production facility; Building 3 is 2,560 sq. ft. with a 2,100 sq. ft. addition and contains a tasting room and brew pub; Building 4 is a new 1,200 sq. ft. equipment storage building, all on 2.89 acres in the General Business _ B Zoning District. Status: Pendia Action: Review Revised Site Plans. Attachments: Staff Report Pro'ect name: Brostar, LLC S anos SCTM#: 11000-34-3-22 Location: 1100 Main Street (aka 330 Main Street), Greenport Description: This proposed Site Plan is for the approval of an existing site that includes a gas station, 1,200 sq. ft. service center and a 621 sq. ft. convenience store in the R-40 Zone, pursuant to the decision of the I Zoning Board of Appeals 6463. Status: _ — ' Approved Site Plan Action: _ Review Site Inspection Comments_ . - A� ttachments: j Staff Report Project name: f The Blue Inn SCTM#: 1000-31-6-17.2 Location: 7850 NYS Route 25, East Marion Description: This proposed amended Site Plan is to expand a current ±1,070 sq. ft. restaurant use to include being open to the public pursuant to ZBA File i f SE6675. Also onsite are an existing motel and inn on 1.37 acres in the Resort Residential (RR) Zoning District. Status: 'Pending Action: Referral Review Attachments: I Staff Report Project name: Location: Description: Status: Action. Attachments ... _._. . _.... Malon Industries, Inc. ;SCTM#: 1000-97-5-4.5 -- - _.._.._..._..__._._... ....--....... ----- 32845 Route 25, Cutchogue _ This amended Site Plan is for the proposed construction of eight (8) land banked parking stalls located north of the existing parking area (near the northern property line) on 1.2 acres in the General Business Zoning District. Referral Review Staff Report ____ _..... -..... .._...... ... May 8, 2014 MAY - 9 2014 Dear Mr. Cumming; I have spoke to Mr. Morris of Morris Cesspool Service, he stated that I need to write you get to premission to move dry well from between the two buildings to north the North side of property. 11/3a chevn 7 r V df-Pl'P- kO " May I have letter from the Planning Broad that states that this okay. you / James Spa 0 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR August 21, 2014 Michael D. Solomon, Esq. 2950 Hempstead Turnpike Levittown, NY 11756 40 MAILING ADDRESS: OF sour y�lO P.O. Box 1179 Southold, NY 11971 op OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) yCo Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Approved Site Plan for Brostar, LLC 1100 Main Street, Northeast corner of Main St. & Champlin PI., Greenport SCTM#1000-34-3-22 Dear Mr. Solomon: The Planning Board has found that the requirements of the above -referenced Site Plan have been completed based on the site inspection made August 8, 2014, and the submitted affidavit by Joseph Fischetti, PE, dated August 8, 2014. The site is now in conformance with the Approved Site Plan entitled "Brostar LLC" dated July 13, 2012, last revised October 16, 2013, prepared by Allan Glenn Bernhard, P.E. The terms listed in Condition #1 of the approval resolution were completed prior to the deadline of July 10, 2014 and constructed to the satisfaction of the Planning Board. This letter does not condone any changes from the approved site plan and approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Jamie Richter, Town Engineering Inspector SoutholdOwn Planning Board — Page Three dbugust 18, 2014 Project Name: I Peconic Landing Addition SCTM#: 1000-35-1-25 Location: 1 1205 NYS Rt. 25, on the north side of NYS Rt. 25, 1,121' east of Sound Description: j Road_ in Greenport. _ Description:i This amended site plan is for the proposed construction of two new Action: ' buildings at Peconic Landing, an existing continuing care retirement Attachments: community with 118 cottages, 132 apartments, 24 assisted living and 32 _ skilled nursing beds currently. The additions include an 87,426 sq. ft. Status__ apartment building with 46 apartments and a parking garage, and a 1 Action: --Review 35,543 sq. ft. nursing home with 33 beds, including a reconfiguration of Attachments: the parking lot on 144 acres in the Hamlet Density Zoning District. Status: Pending Action: Review referrals and SEAR. Attachments: , Staff Report _ Project Name: Brostar, LLC S anos SCTM#: 1000-34-3-22 Location: 1100 Main Street (aka 330 Main Street), Greenport Description: This proposed Site Plan is for the approval of an existing site that includes a gas station, 1,200 sq. ft. service center and a 621 sq. ft. convenience store in the R40 Zone, pursuant to the decision of the Zoning Board of Appeals 6463. Status: Approved Site Plan Action: Review comments from final site inspection. Attachments: Staff Report Project Name: Royalton Equestrian SCTM#: 1000-113-7-19.23 Location: ! 55 Cox Neck Road, ±50' across from Westphalia Road, Mattituck Description: This Site Plan is for the proposed construction of a 120' x 240' (28,800 S q. ft.) indoor riding ring on an existing horse farm for the purpose of I keeping, breeding, raising and training of horses, and not open to the public. Existing on site are two horse barns, a roofed horse -walker, and a� _ single family dwelling and garage on 37 acres in the A -C Zoning District. Status__ s New Application Action: --Review application for completeness. Attachments: ` Work Session Discussion: 1. Comments to ZBA re: Filipkowski Air, Inc., 41250 CR 48, Southold, SCTM#1000-59-10-5 2. Local Law re: Amendments to Chapter 280, Zoning, Affordable Housing District McAeX, 6'W, SE PROFESSIONAL ENGINEER I AUG U 8 2014 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL: 631.765.2954 • FAX: 631.614.3516 • e-mail: joseph@fischetti.com Southold Town Plannina Board Date: 7 August 2014 'a�' L ' b + Reference: 1100 Main Street, Greenport Planning Board T -B t 14 L 1 kl�T) T�C' Town of Southold Main Road Southold, NY 11971 Aft: Brian Cummings Dear Mr. Cummings, I have inspected the drainage structures installed on the Spancsproject at 1100 Main Street in Greenport. The approved site plan requires (3) proposed drainage structures of 8 -foot diameter 4 foot deep. I certify to the best of my knowledge that: One (1) drainage structure 8 -foot diameter 4 foot deep with a cast iron cover to grade was installed behind the garage building per site plan. The drainage structure located between the two buildings could not be installed in that location due to the constriction of the buildings. The two (2) additional drainage structures 8 -foot diameter 4 foot deep with cast iron covers to grade, were installed and piped behind the grocery/gas building. Sp.—ern; or d..-pA.. BOARD CERTIFIED IN STRUCTURAL ENGINEERING m TOWN OF SOUTHOLD P O�Y- REGQRp cAIM- - /Qoo-3Y-3-,22 - OWNER STREET VILLAGE DIST. SUB. LOT Ty? C S FORR OWNER C. /Yl. dS uJra ht � ACR. Soo -vrrlf�- " S W � TYPE OF BUILDING RES. SEAS. VL. E' FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS' ' ' ' _ Lr! a .5 D 2 s 7�0 8c ka 01 2 060 s foao1'-cV -7' z r3 Qb AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD / 3 Meadowland DEPTH p t House Piot BULKHEAD Tota` - DOCK /Qaa-3Y-3-zz TOWN OF SOUTHOLDOPEW----REGQBD CABS O_ E Ll STREET VILLAGE DIST. SUB. LOT �r �"^ „""" Ste► , �,.. F RMER OWNCR l S 1 -nc- Iq jCl��t r ' ( A �Sa U ., + 6ea �. M.t'�. � rt65 z�W � � W � TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS '' % "` _ cJ a f p br kt 70 ! aS 9e) pa Ocl 9 c =2 cY00 56co -eb-Vca 2-/13/ Qb 5 5cb73 ✓� �- z z 2© 1 e> ft- 33 023 ee fmci B aa08! '. C L 12L i qA71 : Quos 46, t y a -015 n asr 2 0 IS F 3:532 -ploreS SF* ' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH 3 House Plot BULKHEAD Tota`-"' '"''' i '`''" DOCK ;�� '" �' ;, nr,: r ; �. „�! � ,+ N < _,���,�- .� r� � � . .�� � �, ��. -� -� ., ,� � �-- - __ ,� ,� s� FILE NO.50381 MONIT.' WELL 0 NYT.8 E W W� ER SCALE. 1 " = 30' LAND NOW OR FORMERLY OF ANG ELIKI AND GEORGE SPANOS N 73"22'50 "E 160.65' 0 -n I I� x 0 W. V. W.V.0 41.6' 341 ' DIEL GRAS 44.6' o Ads- A ASPHALT,/ Mho o 44.3' CONC. APRON UPDATE: 05/08/2008 DATE: 10/12/, co �h 1CONC. BLOCK e F. �°o .7' 0 MONIT. WELL O.H. i CONC. PAD i GRASS -40. 1' BLOCS GARAGE G.F.E1,101.1 40-►� HEDGE COR.1.9N. p ciC) S FE.COR. OWE. 3.2'N. MONIT. WELLIL oCONC. ANE °COV. C rALWM ATTACKED SHED 8.1 27.8' U.P. CONC. COV MONIT WELL 0 MONIT. 74.3' o WELL WOOD 8.5' DECK I CONC PAD ELECT HEDGE ND MET. 74.5' z cp / tp 1 HEDGE_END HEDGE EM 150.56 "(DEED) CH"PUN P CE (49.5' WIDE) CONC. APRON P, M w 0 W LOT 23 Lam] w �P w FE. COR.1.0'9- HEDGE COR. 2.4'N. 2.7'W. BASIN SURVEY OF DESCRIBED PROPERTY SITUATED AT GREENPORT, TO 3N OF SO UTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.M. NO. 1000-34-3-22 AREA = 21,379 SQ. FT. GUARANTEES OR CERTIFIC47/0NS ARE NOT TRANSFERABLE. UNDERGROUND UTILII/ES EASEMENTS NOT SHOWN AND UTILITY POLE LOC47ONS ARE NOT GUARANTEED. THE OFFSET DIMENSION SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR SPECIFIC PURPOSE AND USE, THEREFORE ARE NOT INTENDED TO GUIDE THE OZEC7701V OF FENCES, RETAINING WALLS, POOLS, PATIOS, PLANTING AREAS, ADDITION TO BUILDINGS AND OTHER CONSTRUCTION. THE EXISTENCE OF RIGHT OF WAYS, WETLANDS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED UNAUTHORIZED ALTER47ION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS SIGNATURE AND RED INK OR EMBOSSED SEAL SHALL NOT BE CONSIDERED A TRUE VALID COPY. PAT T. SECCAFICO PROFESSIONAL LAND SURVEYOR, P.C. — SUCCESSOR TO — DONALD TASE, L.S. RICHARD WILHELM AND ASSOCIATES NORTHSTAR SURVEYING, P.C. PAUL T. CANALIZO, L.S., ROBERT A. KART, L.S. GOOD GROUND SURVEYORS, P.C. 328A Main Street 107-5 W. Montauk Highway Center Moriches, NY 11934 Hampton Bays, NY 11946 Phone: (631) 878-0120 Phone:631 728-5330 Fax: (6 1) 878-7190 Fax: (631) 728-6707 N.Y.S. LIC. NO. 049287 COPYRIGHT 2008 PAT T. SECCAFICO P.L.S., P.C. ACUM YpIlfUMP IR CIC. xo Mj� - 0 CIC. n 'v CONC. Q PAD CSC. ASPHALT x CIC. ° z MONIT-0 0 WE CONC.LL PAD ASPHALT r� 0 -n I I� x 0 W. V. W.V.0 41.6' 341 ' DIEL GRAS 44.6' o Ads- A ASPHALT,/ Mho o 44.3' CONC. APRON UPDATE: 05/08/2008 DATE: 10/12/, co �h 1CONC. BLOCK e F. �°o .7' 0 MONIT. WELL O.H. i CONC. PAD i GRASS -40. 1' BLOCS GARAGE G.F.E1,101.1 40-►� HEDGE COR.1.9N. p ciC) S FE.COR. OWE. 3.2'N. MONIT. WELLIL oCONC. ANE °COV. C rALWM ATTACKED SHED 8.1 27.8' U.P. CONC. COV MONIT WELL 0 MONIT. 74.3' o WELL WOOD 8.5' DECK I CONC PAD ELECT HEDGE ND MET. 74.5' z cp / tp 1 HEDGE_END HEDGE EM 150.56 "(DEED) CH"PUN P CE (49.5' WIDE) CONC. APRON P, M w 0 W LOT 23 Lam] w �P w FE. COR.1.0'9- HEDGE COR. 2.4'N. 2.7'W. BASIN SURVEY OF DESCRIBED PROPERTY SITUATED AT GREENPORT, TO 3N OF SO UTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.M. NO. 1000-34-3-22 AREA = 21,379 SQ. FT. GUARANTEES OR CERTIFIC47/0NS ARE NOT TRANSFERABLE. UNDERGROUND UTILII/ES EASEMENTS NOT SHOWN AND UTILITY POLE LOC47ONS ARE NOT GUARANTEED. THE OFFSET DIMENSION SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR SPECIFIC PURPOSE AND USE, THEREFORE ARE NOT INTENDED TO GUIDE THE OZEC7701V OF FENCES, RETAINING WALLS, POOLS, PATIOS, PLANTING AREAS, ADDITION TO BUILDINGS AND OTHER CONSTRUCTION. THE EXISTENCE OF RIGHT OF WAYS, WETLANDS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED UNAUTHORIZED ALTER47ION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS SIGNATURE AND RED INK OR EMBOSSED SEAL SHALL NOT BE CONSIDERED A TRUE VALID COPY. PAT T. SECCAFICO PROFESSIONAL LAND SURVEYOR, P.C. — SUCCESSOR TO — DONALD TASE, L.S. RICHARD WILHELM AND ASSOCIATES NORTHSTAR SURVEYING, P.C. PAUL T. CANALIZO, L.S., ROBERT A. KART, L.S. GOOD GROUND SURVEYORS, P.C. 328A Main Street 107-5 W. Montauk Highway Center Moriches, NY 11934 Hampton Bays, NY 11946 Phone: (631) 878-0120 Phone:631 728-5330 Fax: (6 1) 878-7190 Fax: (631) 728-6707 N.Y.S. LIC. NO. 049287 COPYRIGHT 2008 PAT T. SECCAFICO P.L.S., P.C. DRAINAGE CALCULATION AVGF QO WID JURVrMR. P.C. F 0 Y O w ROOFS MD CANOPY Runoff """"T)1"it -n lao' CL O W N U it Area ISFI C, -M 2• Sm m C.F. Pwemett 0.0 100 0.167 0.0 Roof 2.3700 1.00 0.167 395.0 Lanoauoe 0.0 0.]0 0.167 0.0 Toth R—ff: 395.0 CF Uw B' Die. Pools with 422 OF/ V.F. 395.0 C F.142 2 C.FN F. = 9.1 V.F. RE0007ED P—o 13) B' D W C Daap Eff.W. DepIR PooY vwPoseo jsinJ T— MY IPCamaR ) R w, O SITE PLAN eAR1fING CALCULATION uvfw n wn wew � B rt of v-uvn �11r 1 a_!-3va_ Iaalww0 5 W,BRIO[MW,7IwpNRTTaaWRYSm7aMmP{wiE,°al w.awm.mpRfa9®MV1W O1M1OROnw YNMN roeR M7faRONN1-IAANBBNY.Bwm AYAf0P1-p-m,-swweRBawxNSNPs S r 31vmuS � �d wxNwoaenP o.rs�.s�.i �. r.�i�iwn�sww.s+M.•09 - PRaPaeprwRwooprBNz —roBBRNaC np - aoarpvBaxRwpm� SITE INFORMATION: BCIY MY 1BNJ4J.>J AOa!- laoaNN Bmf-TBR-NOrt,,I7 418MB1 71,>nY UfpaVL: artl INBMf/JBi far WnBNP—. C[.2Llar SWN CaT7AC R) Rwar AVGF QO WID JURVrMR. P.C. F 0 Y O w """"T)1"it -n lao' CL O W N U it F aP la7r s4Br J Z 4 S' AaT Ps�F /ROv .KKr 1FMCAJ Y • p SLOK )l MS W Z Yyy� i z Revaratmrlrae 611)/13 ` H g 3 cP- �!• U) L) Z LL y Z aPA g oLL 0 ° o F C O L V pB'ORYBNR>Kr A7 RJ'F76 _m• a!' H .mwffrr W s- H 7Ji N �— MBA tP.a11aER1XNV6RABB rfUKO U TEST HOLE rs. )J a � aw. aawB7w W PlNbD daD.u- b T PlbnBiix OmBP!- � {b Z N E NtprofBOvlAx �B BAerac. � � � � •(8�]) PRBPouorNaRvaoBPnRz v Q 43 -� X rnroawofrx.•RBroRrvaL � pm5 rx®w auRler Rewam.n4fow Br, U)oafT. w owTe D, PAT T. SECCAFICO C[.2Llar SWN CaT7AC R) Rwar AVGF QO WID JURVrMR. P.C. B• ROMOq;fD z• ,wnD Jue Ml :,."'„'..'f0 r4a ,N-... -� - (L1CA\Y. JIC'TA11tf S' AaT Ps�F /ROv .KKr 1FMCAJ REVISIONS • p SLOK )l MS i KR BOIlfllalallAlWO 1111413 Yyy� i z Revaratmrlrae 611)/13 1 7R a. Tx LEACHING POOL DETAIL 3 a Root [sw,uot dAYIaBln3 B anYNPtA,NY)a¢71ut 1a1d13 4y°�t'4�1.ary5111 : iV1J.••N my LAND NOW OR FORMERLY OF SITE INFORMATION: y to nn ANGELIKI AND GEORGE SPANOS K ,11a°iuw nua.o°..."om y .. ,re aAsalra umxe°TA1Iw N 7322'50 "E i 60.65' s TE L" EL. 11.4' wvzarc N �„e FE. COR. awNne rms7An ue °'. y �I 0.6 E. •1rl.aNn,Ilerm No7°DA. rwnouD KEY MAP I o N O 3.2N. 17n -- C1;7 AIR ti wNo. v�v u�a Tounnxw7eo I m PUMP CIC. aw o�co.°K.00rniarz °�"� F t,^ r ❑ co -pDrasllEn7wlanT .--AND O o CIC. CONC. ❑ co OZ i v PAD CIC. c}+ i o ASPHALT CIC• VACUUMS "3 P -, o o TEST O - y v LOT 23 O p?' z MONIT. HOLE ATTACHED 9,7' w $ 0 ° ag W z c to PAD SHED `-y uo 1�11�orra°um,� Q F- O 0 ynp 50 z y r ASPHALT CE. N 2 7 8 z t%! z 0 Y z �n O ty "o9' o. 8.1' W 41. . 6 EL.11.5 Ev ICOT Y. o Zv c O (� ^ m CJ CONC. .No.°Yw°oRWOVEwwreeuNArwoNn w m H cq tri F+ BLOCK o COR STORE p U F.F.EL.12.7' E .12. ' �1 Ln OCoNC• a 0') 25.9' trJ W CONC. LY ,y PAD 41 EL.11.6 ELECT. PAD WELL W WELLS GRAVEL MET. GRASS � MONIT. 74.3' c ¢4•.6 Ped ' EL.1o.1' T7YT.1-40.1' a WELL y -Q d rte" x CONC 2 C. GRAVEL y e y oy�,�5 PL c BLOCK AR o C7 We o x GARAGE HEDGE 6AloD BY WNITo G.F.EL.11.1' MET. 74.5' 2 ZNn iC0 E• PLANIMIUTHOLDASPHALT �'D0.1w.va�.�.,:m: °r: MONIT N r 3' HEDGE DGE H GE COR. PAT T. SECCAFICO WELL 0 r 44• HEDGE FE. EIYD FE. COR. END 2.4N. y PROFESSO" LAND SuerTYDn, n.C. COR 3.8'N. 4'S.FE. 2.4 N. 4.7'N. 2.4N. 2.7'W. a" 1.9 N. GRAVEL i.,"1'; U SIDEWAL EL.10.5' W y �i5PHALT APRON ❑DI. I S 73o25 '00 W 159.96 AC WA 0 'REVISIONS E.R.EL. .9' W,V.O T.C.EL.10.6' T.C.EL.10.6' STOPT.C.EL.10.4' of°wnNwo.wN°o 1v1u1a B.C.EL.10.5' B.C.EL.10.3' SIGN 150.56 (DEED) B.C.EL.9.9' BAST L.9.5i , ° + 2—ssOpUwAps 517113 co'. C 3 —DnAI E 713,13 C A PLIN PLA C� APRON �.� .L.EL.10.7' "'�T'iNlf' "'� . AOO:OIWNA6F O.Lr ,w3113 C. L.EL.12.4' C.L.EL.11.0' I, .fc 1a D• C.L.EL.10.9' o' 3 ,dou.uNNwDu m +Dim1] (49.5'WIDE) BA , L. 9.6' m � ±z01i:e E. R.EL.12.1' n B.C.EL.11.5' B.C.EL.10.5'� JULY 13.2012 AS NOTED T.C.EL.11.1' T.C.EL.10.9 CONC. T.C.EL.l0.4'"�"Q- .+ Ove y rDEc-- OgAPRON -affS. r J -j O1 �. NOTICE° 'A� iV �• aw [NTDtdRxen Ar aa•n2 an' Mn �" '0 EXISTING CONDITIONS AND DEMOLITION PLAN TEST HOLE .W..,.,r a- .0 EDWARD FORRESTER DIRECTOR OF CODE ENFORCEMENT pF SO�jyo y�0UNT1,�;,�v TOWN OF SOUTHOLD Southold Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 e-mail: ed.forrester@town.southold.ny.us ORDER TO REMEDY VIOLATION TO: George Spanos DATE: August 12, 2003 Greenport Service Station Inc. 330 Main Street Greenport NY 11944 PLEASE TAKE NOTICE there exists a violation of Southold Town Code; § 100-241 At premises hereinafter described in that: non -conforming use has been altered, enlarged and/or increased through the introduction of a convenience store to the existing gas station. In violation of Southold Town Zoning Code YOU ARE THEREFORE DIRECTED AND ORDERED TO comply with the law and remedy the conditions above mentioned immediately The premises to which this ORDER TO REMEDY refers are situated at: 330 Main Street, Greenport SUFFOLK COUNTY TAX MAP #1000-34-3-22 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. /11 encl. Cert. Mail BPX07 *** Complaints and Misc Letters *** 8/24/10 10:45:03 ----------------------------------------------------------------------------- SWIS: 473889 PARCEL: 34.-3-22 COMPLAINT NBR: 728 OWNER: SPANOS G GREENPORT LOCATION: MAIN ST ADDR: 31-06 34 STREET - APT I LOCATION NUMBER: 330 ASTORIA NY COMPLAINTANT COMP. DATE DETAIL OF COMPLAINT AND ACTIONS: EDWARD FORRESTER 10/06/05 AOOV TIT.nn - Mn DPPMTTC - DT.TT.0 C''n1VVF.NTAWr'P. gTORF. TS.qTTE NOT RESOLVED- LETTER TO UM/25/IU: UYUA"En: UUT UUMYLAl1Vl Ur alln VVU.KA nn11vv LJVINn VIA vvilnUU.L PERMIT WENT TO PROPERTY - TENANT (AUTO SHOP) SAYS THAT OWNER MADE PART OF LEASE THAT HE IMPROVE PROPERTY - DRYWELLS, PAVING. ISSUED VERBAL STOP WORK. HAS EXPIRED PERMIT OPERATING WITHOUT ZBA AND PLANNING, SITE WORK WITHOUT APPROVAL, HAS ILLEGAL TRAILER ON PROPERTY. GOING TO WORK UP TICKETS AND SEND NOTICE. PLACE IN TICKLER: _ OPEN/CLOSED: _ STATUS/DISPOSITION: ADD/CHG/DEL: CHANGE REVIEW DATE: 0/00/00 SHORT DESC: COURT CASE: _ (Y/N) ACD DATE: 0/00/00 F8 = Notice Pursuant to Chapter 90 of Code F1=NEXT F3=Exit F5=Stop Work Order F6=Unsafe Bldg Letter F12=Prior BPX07 ----------------------------------------------------------------------------- *** Complaints and Misc Letters *** 8/24/10 10:07:26 SWIS: 473889 PARCEL: 34.-3-22 COMPLAINT NBR: 728 OWNER: SPANOS G GREENPORT LOCATION: MAIN ST ADDR: 31-06 34 STREET - APT I LOCATION NUMBER: 330 ASTORIA NY COMPLAINTANT COMP. DATE DETAIL OF COMPLAINT AND ACTIONS: EDWARD FORRESTER 10/06/05 AGCY BLDG - NO PERMITS - PLUS CONVENIANCE STORE ISSUE NOT RESOLVED. LETTER TO OWNER SENT 10/6/05. PLACE IN TICKLER: _ OPEN/CLOSED: _ STATUS/DISPOSITION: ADD/CHG/DEL: CHANGE REVIEW DATE: 0/00/00 COURT CASE: _ (Y/N) SHORT DESC: ACD DATE: 0/00/00 F8 = Notice Pursuant to Chapter 90 of Code F1=NEXT F3=Exit F5=Stop Work Order F6=Unsafe Bldg Letter F12=Prior November 5, 2007 George Sanos 31-06 34t Street Astoria NY 11106 Re: Property at 1100 Main St Greenport , SCTM# 1000-34-3-22 (Spanos Gasoline Station) Dear Mr. Spanos, This office continues to receive complaints regarding the operation of the convenience store at the gas station located at the address noted above. A letter and Order To Remedy was sent to you in August 2003 ( copy attached ) outlining the violation. In May 2004 the Building Department issued a Notice of Disapproval for your application to operate the convenience store. To date the operation has not ceased nor have approvals been applied for. It is requested that you begin the process for approval within 10 (ten) days or cease the activity. Failure to comply will result in legal action by this office. Sincerely, Edward Forrester Director of Code Enforcement cc: Michael Verity, Chief Building Inspector Helen Rosenblum, Esq., Attorney for Owner Ediz Okul, Tenant IF, W) th your alleged Title ` FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR kNT FOR YOUR ARREST MAY BE ISSUED. occupancy shall have been issued by the Building Inspector. To wit; the defendant's property has an expired building permit, #33023Z, for work done that does not yet have a valid certificate of occupancy. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIS �y " � LDAY OF �^ Cmc A — , 20 ) _p - Signature of Official Administering Oath Compla Notary Public Title Town of Southold CONNIE D. BUNCH NotaryNo 0lbU6185050 York Qualified in Suffolk Coun Commission Expires Aoril 14, (1 Local Criminal Court TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) James Spanos COUNTY OF SUFFOLK ss 300 Main Street ) Defendant(s) TOWN OF SOUTHOLD) Greenport, NY 11944 The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before August 24, 2010 at 300 Main Street, Greenport, Town of Southold, County of Suffolk, State of New York, the defendant James Spanos wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 280-130 (A) § 280-130. Approval of site plan required. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. To wit; the defendant has filed for a building permit for an as built convenience store, was issued a notice of disapproval, but never followed through with a site plan application. The convenience store is still in operation without site plan approval. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIS Q (OA DAY Signat a of Official Administering Oath Notary Public Title Town of Southold CONNIE D. BUNCH Notarylic State 0NewYork 50 Qualified in Suffolk County Commission Expires April 14, 0 to take place until the site plan has been approved by the Planning Board. To wit; the defendant's tenant had cleared a portion of the above referenced property in anticipation of installing a drainage system and a paved parking lot. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIS .-Q J0'_` 1 QDAY OF 20 ( o Signature of Official Administering Oath Complainant &%--, r�L L,,� Notary Public Title Town of Southold CONNIE D. BUNCH Notary Public State ofNewYork No.olQualified in Suffolk County Commission Expires April 14, 0�-- Local Criminal Court TOWN OF Southold Docket No. (s) STATE OF NEW YORK) COUNTY OF SUFFOLK ss TOWN OF SOUTHOLD ) VIOLATION INFORMATION James Spanos 300 Main Street Greenport, NY 11944 ) Defendant(s) The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before August 24, 2010 at 300 Main Street, Greenport, Town of Southold, County of Suffolk, State of New York, the defendant James Spanos wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 280-130 (B) § 280-130. Approval of site plan required. B. No regrading, clearing, tree removal or any other work in preparation of future use of a site, except limited clearing needed to undertake survey work or soils investigations, may take place or be permitted to take place until the site plan has been approved by the Planning Board. To wit; the defendant's tenant had cleared a portion of the above referenced property in anticipation of installing a drainage system and a paved parking lot. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIS 7' kDAY OF 20 ( A lop Signature of Official Administering Oath Complainant • �..' L � 1 � rA •Public Town of Southold CONNIE D. BUNCH Notary Public State of New York No. 0%U6185050 Qualified in Suffolk Couniv Commission Expires April 14, 10 (2) Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. (3) Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance. (4) Site preparation within 100 feet of wetlands, beach, \\bluff or coastal erosion hazard area. (5) Site preparation within the one -hundred -year floodplain of any watercourse. To wit; the defendant's tenant had cleared a portion of the above referenced property in anticipation of installing a drainage system and a paved parking lot without first obtaining a drainage control permit from the Town of Southold. This complaint is based on personal observation, and r cords and files of the building department. SWORN TO BEFORE ME THIS � �`' J ' i DAY OF � W_� -- , 20 1 C) . . Signature of Official Administering Oath Notary Public Title Town of Southold CONNIE D. BU4% Notary Public State ew York No.O1bU6185050 Qualified in Suffolk County l Commission Expires April 14, 0 l o� Local Criminal Court TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) James Spanos COUNTY OF SUFFOLK ss 300 Main Street ) Defendant(s) TOWN OF SOUTHOLD) Greenport, NY 11944 The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before August 24, 2010 at 300 Main Street, Greenport, Town of Southold, County of Suffolk, State of New York, the defendant James Spanos wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 236-10 (A) § 236-10. Activities requiring drainage control permit. A. None of the following activities shall be undertaken until a drainage control permit has been issued under the provisions of this chapter. (1) Grading or stripping which affects more than 5,000 square feet of ground surface. (2) Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. (3) Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance. (4) Site preparation within 100 feet of wetlands, beach, \\bluff or coastal erosion hazard area. (5) Site preparation within the one -hundred -year floodplain of any watercourse. To wit; the defendant's tenant had cleared a portion of the above referenced property in anticipation of installing a drainage system and a paved parking lot without first obtaining a drainage control permit from the Town of Southold. This complaint is based on personal observation, and r cords and files of the building department. SWORN TO BEFORE ME THIS`' l DAY OF 20 Q. Signature of Official Administering Oath Compla Notary Public Notary ONNIIElicStaD.. eUg$H York Title No.OlbU6185a050 ttyy Town of Southold Commission eExpiresffApril14, YO l date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. To wit; the defendant's expanded an existing nonconforming gas station and auto repair shop in an R-40 zone to include a convenience store use, without prior approvals. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIQ0* DAY OF Signature of Official Administering Oath L & .,ns cl Notary Public Title 'Town of Southold Notary Public Sttatte of New York Qualified inhsailforkOCounty commission Expires April H 0 Ik Local Criminal Court TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) James Spanos COUNTY OF SUFFOLK ss 300 Main Street ) Defendant(s) TOWN OF SOUTHOLD) Greenport, NY 11944 The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before August 24, 2010 at 300 Main Street, Greenport, Town of Southold, County of Suffolk, State of New York, the defendant James Spanos wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 280-121 (A) § 280-121. Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. To wit; the defendant's expanded an existing nonconforming gas station and auto repair shop in an R-40 zone to include a convenience store use, without prior approvals. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIS DAY OF 20�_. 1 Signature of Official Administering Oath Comp nant &I I" ' " L r—`'P %s -d CONNiE D. BUNCH Notary Public Notary Public S{�to of New York No.OlbU6185050 Title Qualified in Suffolk Couniy Town of Southold Commission Expires April 14, 0 lc� occupancy shall have been issued by the Building Inspector. To wit; the defendant's property has an expired building permit, #33023Z, for work done that does not yet have a valid certificate of occupancy. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIS DAY OF A C4 .IL-- I , 20 1 p Signature of Official Administering Oath Compl pr--S-�A4,�-IL Notary Public Title Town of Southold CONNIE Q. BUNCH Notary Public State f New York Qualified in Suffolk Couni Commission Exoires April 14, 0jj),�— r Local Criminal Court TOWN OF Southold Docket No. (s) STATE OF NEW YORK) COUNTY OF SUFFOLK ss TOWN OF SOUTHOLD ) VIOLATION INFORMATION James Spanos 300 Main Street Greenport, NY 11944 ) Defendant(s) The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before August 24, 2010 at 300 Main Street, Greenport, Town of Southold, County of Suffolk, State of New York, the defendant James Spanos wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 144-15 (A) § 144-15. Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. To wit; the defendant's property has an expired building permit, #33023Z, for work done that does not yet have a valid certificate of occupancy. This complaint is based on personal observation, and records and files of the building department. SWORN TO BEFORE ME THIS L� DAY OF 20_. Signature of Official Administering Oath Compla yyj l IMP �Sl Notary Public Title Town of Southold CONNIE D. BUNCH Notary Public State of New York No.OlbU6185050 Qualified in Suffolk County Commission Expires April 14, z010\,,- Page 1 of 1 Russell, Scott From: cat315man@optonline.net Sent: Thursday, August 26, 2010 11:30 AM To: Russell, Scott Subject: re : input hello scott , just wanted to touch base with you, i know you have a full plate so i will be brief. jim spanos has hired me to clean up the property at 1100 main st . in greenport . this will be done with machinery , as you know this is what i do . apparently the building dept. has asked that all work be stopped pending site plan filing and approval . i was not there nor has anyone from southold contacted me about this however the tenant and owner were supposedly notified. spans says he has a meeting with you tommorrow about this so i wanted to inform you to the extent of work to be done by me. clean-up and removal of debris on the property, and the removal of a dilapadated trailer for which i am sure spanos will get a demolition permit for if needed . i never heard of site plan requirements for the surface clean up and beautification of ones property for the benifit of all. the terrain and topografy is to remain as existing with the exception of some existing gravel to be spread level to take away the unsitely mounds and thats it . although i see the need for good government scott , i also see the need for forward progress in an ailing economy. to much red tape as we know it for the simplest tasks is really hurting everyone . i dont envy you and the town board as you guys have a real difficult job and i commend your efforts regardless , all of you for the continued efforts and betterment of our township. thanks for your time in reading this scott , respectfully submitted, scott corwin , taxpayer, property owner, business owner 8/27/2010 DRAINAGE CALCULATION ROOFS AND CANOPY Runoff Area (SF Coeff. 2" Storm C.F. Pavement 0.0 1.00 0.167 0.0 Roof 2,370.0 1.00 0.167 395.0 Landscape 0.0 0.30 0.167 0.0 Total Runoff: 395.0 CF Use 8' Dia. Pools with 42.2 C.F./ V.F. 395.0 C.F./ 42.2 C.F.N.F. = 9.4 V.F. REQUIRED Provide (3) 8' Dia. 4' Deep Effective Depth Pools - - FUELING QUEUE Uj 1♦♦ ^^ 0 VJ � PROPOSED PLANTER BOX (5 TYP.) �J Z TEST HOLE LOCATION PARKING CALCULATION 1000-34-3-22 UNITS/ SPOTS c� n PARKING REQUIREMENT r REQUIRED PROVIDED � o 622 SF ILA� 7 SPOTS CONVENIENCE STORE GROSS FLOOR AREA OF THE RETAIL IV OF SECTION 7209 OF a STORE, INCLUDING STORAGE AND Z LAW. )COUNTER SPACE COPIES OF THIS PLAN h m 4 PUMPS 12 QUEUING 12 QUEUING STATION WITH MINOR PUMP, PLUS 1 SPACE FOR EACH 2 EMPLOYEE 6 SPOTS 6 SPOTS INDOOR REPAIR EMPLOYEE PLUS 2 FOR EACH BAY N I 1� - - FUELING QUEUE Uj 1♦♦ ^^ 0 VJ � PROPOSED PLANTER BOX (5 TYP.) �J Z TEST HOLE LOCATION PARKING CALCULATION -I-y.rr. jn.,TDE- SlL',1,T'rURSUA1N 10 SOUTHOLD TOWN CODE SECTION 100-254(I), ACKNOWLEDGES THAT THE CONDITIONS OF THE SITE PLAN APPROVAL SET FORTH INDHE RESOLUTION OF APPROVAL DATED ARE CCEPTED (SEE CONDITIONS ON RESOLUTION). P A PRINTN tE �A,>�� �CiJraYl�rj UTH0RIZE SIGNATURE TITLE DATE APPROVED BY TOWN OF SOUTHOLD PLANNING BOARD �j1LlzN2 CHAIRPERSON SIGNATURE DATE NOTE: The approved site development plan shall be valid for a period of eighteen (18) months from the date of approval as per code section 100-255. PROPOSED PARKING 9'X20' TYP. (13 SPOTS) PROPOSED 6' HIGH WOOD FENCE PROPOSED HEDGE - (25) BROWN'S YEW EXISTING VACUUMS TO BE RELOCATED COIN -OP VACUUMS (2 TYP.) LOT 23 AREA OF FORMER TRAILER TO BE GRADED AND SEEDED 6YD. DUMPSTER IN FENCED ENCLOSURE SITE INFORMATION: SCTM NO.: 1000-34-3-22 UNITS/ SPOTS SPOTS TYPE OF USE J, PARKING REQUIREMENT AREA REQUIRED PROVIDED CONVENIENCE STORE AT LEAST 1 SPACE PER 100SF OF 622 SF 7 SPOTS 7 SPOTS CONVENIENCE STORE GROSS FLOOR AREA OF THE RETAIL IV OF SECTION 7209 OF a STORE, INCLUDING STORAGE AND } 0 LAW. )COUNTER SPACE COPIES OF THIS PLAN GASOLINE SERVICE 3 -SPACE QUEUING AREA FOR EACH 4 PUMPS 12 QUEUING 12 QUEUING STATION WITH MINOR PUMP, PLUS 1 SPACE FOR EACH 2 EMPLOYEE 6 SPOTS 6 SPOTS INDOOR REPAIR EMPLOYEE PLUS 2 FOR EACH BAY 2 BAYS � 1� FACILITY ' SHALL NOT BE J (Doz TOTAL ICT 13 SPOTS 1 13 SPOTS -I-y.rr. jn.,TDE- SlL',1,T'rURSUA1N 10 SOUTHOLD TOWN CODE SECTION 100-254(I), ACKNOWLEDGES THAT THE CONDITIONS OF THE SITE PLAN APPROVAL SET FORTH INDHE RESOLUTION OF APPROVAL DATED ARE CCEPTED (SEE CONDITIONS ON RESOLUTION). P A PRINTN tE �A,>�� �CiJraYl�rj UTH0RIZE SIGNATURE TITLE DATE APPROVED BY TOWN OF SOUTHOLD PLANNING BOARD �j1LlzN2 CHAIRPERSON SIGNATURE DATE NOTE: The approved site development plan shall be valid for a period of eighteen (18) months from the date of approval as per code section 100-255. PROPOSED PARKING 9'X20' TYP. (13 SPOTS) PROPOSED 6' HIGH WOOD FENCE PROPOSED HEDGE - (25) BROWN'S YEW EXISTING VACUUMS TO BE RELOCATED COIN -OP VACUUMS (2 TYP.) LOT 23 AREA OF FORMER TRAILER TO BE GRADED AND SEEDED 6YD. DUMPSTER IN FENCED ENCLOSURE SITE INFORMATION: SCTM NO.: 1000-34-3-22 ADDRESS: 1100 MAIN STREET GREENPORT, NY SITE AREA: 21,379 SF LANDSCAPE: 5,350 SF LANDSCAPE %: 25% ZONE: R40 USE: GASOLINE SERVICE STATION 10/16/13 PLANNING LETTER CONVENIENCE STORE GW ZONE: IV OWNER: BROSTAR LLC IMPROVEMENTS NOTED AS PROPOSED TEST HOLE KLEINFELD R AST, INC. 21199 -EL. 10.0' , SW DARK BROWN 0 . SIL TY SAND SP _ 2' YE LOW BR. SAND WSOME GRA VEL GROUND WA TER ENCOUN TERED _ 5' SP MED. GRAY SAND TRACE GRA VEL 20' GW ENCOUNTERED AT 9.5' FT EL. 0.5' TEST HOLE 4 �— EXISTING SEPTIC SYSTEM..,_ - (2) P00LS-8' 0 X 4' DEEP ' �— ROOF LEADER (TYP.) PROPOSED 10' WIDE LANDSCAPE BUFFER AMERICAN ARBORVITAE 4'-5' HIGH AT T O.C. �— PROPOSED 6' HIGH WOOD FENCE PROPOSED 8'0 X 4' DEEP DRYWELL �— (3 TYP.) N W W 1„ TT � O W GA.S'T IRON GRATE OR SCUD CASTING TO GRADE PAVEMENT GRADE S=0-5"-' M/N. �—�- 8" REINFORCED TRAFFIC RATED SLAB �--8" ADS PIPE FROM ROOF LEADERS 4 SLOPE 1�' M/N. O �! H/HEST RECQ ED :GROUNDWATER EL. = 1.5' \ LEACHING POOL DETAIL EL. 10.5' U. SID WALK O STOP S 73°25'00"W 159.96' (ACT.) coNc. ----� ASPHALT APRON ❑ D/. S/GN APRON,Z "` W. V.0.4 EX/ ^ . T. . L 10.6 ' . C. EL.10.6' 150.56� (DEED },;_, r. c. EL. >ST/NG CURB CUT E . 203 I W. V. 6.. C. EL.10. 3' 12' BAS EEL B. . EL. 10.5 B. C. EL. 9.9 STING CURB UT PLACE ° EXISTING CHAMPLIN (49.5' WIDE) C. L EL. 10.7' SITE PLAN SCALE: V=10' SITE KEY MAP NTS i� IF REVISIONS No. Description Date 1 PER SOUTHOLD PLANNING 11 /14/12 2 REVISED DRAINAGE 5/17/13 ! ). -W10.1DF3AI NAGE /9113 4 ROOF DRAINAGE ONLY 10/6/13 O 10/16/13 PLANNING LETTER 10/16/13 �► OF SECTION 7209 OF a O } 0 LAW. a COPIES OF THIS PLAN T' I W NOT BEARING THE N PROFESSIONAL INKED W � CV V � 1� WM ' SHALL NOT BE J (Doz CONSIDERED TO BE A ICT �••� I— O W = O O Q �o0 O �. U)UUO � z LLz Y Z Q � O O Jo�z C O 3: LL LL) o0=U m f— U) Cn • w 00 Ei � O ~^ CY) ? M CU CC 4 00 C0U�� t~ 00 CO BASED ON SURVEY REVISED 4/24/2012 BY: PAT T. SECCAFICC PROFESSIONAL LAND SURVEYOR, P.C. 328A Main Street Hampton Atrium Unit D4 Ctr. Moriches, MY 11934 186 W. - Montauk Highway Phone: (631) 878-0120 Hampton Bays, NY11946 Fax: (631) 878-7190 Phone: (631) 728-5330 Fax: (631) 728-6707 IF REVISIONS No. Description Date 1 PER SOUTHOLD PLANNING 11 /14/12 2 REVISED DRAINAGE 5/17/13 ! ). -W10.1DF3AI NAGE /9113 4 ROOF DRAINAGE ONLY 10/6/13 5 10/16/13 PLANNING LETTER 10/16/13 Project No. 1201129 JULY 13, 2012 ca e AS NOTED ] ee 20F2 NOTICE Ew UNAUTHORIZED ! ). ALTERATION OR ADDITION TO THIS �.y 'f' PLAN IS A VIOLATION �► OF SECTION 7209 OF `► THE NYS EDUCATION } 0 LAW. a COPIES OF THIS PLAN T' I W NOT BEARING THE z 2� C PROFESSIONAL INKED ENGINEER'S 7It a . f' / OR EMBOSSED SEAL 1� SHALL NOT BE FESS CONSIDERED TO BE A VALID TRUE COPY. Allen Glenn Bernhard, P. 24-'0 " A �� t— C-� �� fi - 1►'• CDS N Ln O� Z V d U S 00 G C6 • o% W -d N o a M -a `� CN o d V .CA CA Ol 6 LLQ LC) -0141/1-5 17 p I'-- CFRT11='CATION OF NAILING F.. CONNECTIONS REC'U1.RED. 765-1802 r , FOLLOWING INSPECI KA 4+ ) 1. FOUNDATION - TWO REQU!RLED FOR POURED CONCRETE 2 ROUGH - FRA",11NG, PLUMBING, STRAPPING, ELECTRICAL & CAULKING 3. INSULATION 4. FINAL - CONSTRUCTION & ELECTRICAL ' MUST BE CC!,1PLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW 'OR X STATE. NOT RESPONSIBLE FOR DE.!GN OR CONSTRUCTION ERRORS. r o` p A1PIAGE IMSpEcnONS /ARE REQUrPED 1 � ?��\ 0�� Contact TOS Er�..."10crir:n n'k Backfill, OR Proviue Engineer �. t�,• %batthe drainage hasbeen installed to Code. nrf � � ,. TION �C/S,I ItAf n nor-�.�