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HomeMy WebLinkAbout4143'CORNER MAIN ST. & CHAMP[IN PL. Greenport, NY David Eliazar (Prop. Malcolm P.Rackett) 34~3-22 #1320 PH: 4/2/70 Erect off-prem, directional si gn CA' (Spanos,Geo. #4123 erect off-prem, sign- can~celed~ file 8¢9J92 per LK)' #4143 (P.H. 3/18/93) ~Re-instate n~on-cQnforming gasoline sale.s (n~ow R-40 ~ ~,~....~.~-,~.~..,/-m~6'_~$ ,~.-~c~,. zone) APP~kLS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. .James Dinizio, Jr. Robert A. Villa Rie~l C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETE1LMZNATiON SCOTT L. PL4RRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fex (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4143: Application of GEORGE AND ANGELIK! SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-24i(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section~4, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. WHEREAS, after due notice, a public hearing was held on March 18, 1993 in the Matter of the Application of GEORGE and ANGELIKI SPANOS under Appeal No. 4143; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation sLbbmitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in q~estion, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. SiTE LOCATION: The parcel in question is a corner lot as defined by Section 100-13 of the Zoning Code with 159.96 ft. frontage along the north side of Champtin Place and 134.34 ft. frontage along the east side of Main Street, Greenport, Town of Southotd, and is identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22. 2. ZONING: The subject premises is located in the R-40 Low-Density Residential Zone District, effective January 9, 1989, and is improved with three buildings: concrete block service station with office and sales area, concrete block two-bay garage used for repair and servicing of vehicles and trailer behind the service station (which previousiy was utilized as a residence but has been vacant and unoccupied as a residence for a number of years). These buildings are shown on Pa~e 2 - Appeal No; 143 Matter of GEORGE AND ANGELiKI SPANOS Decision Rendered April 22, 1993 the September 25, 1975 survey prepped ~ Roderick VanTuyl, L.S. 3. PREEXISTING USE: The commercial use at the site for indoor servicing and repair of vehicles in the garage building and sales of oil and gasoline products in the service station, with incidental office areas, is known to exist since prior to the enactment of zoning in 1957. It is also noted that Certificate.of Occupancy No. Z6739 was issued on October 17, 1977 by the Town's Building Inspector confirming the preexisting use of this business, and affidavits supporting this fact were submitted sworn by residents in the Town. 4. OWNERSHIP: The applicants herein squired the property on October 10, 1975 from Malcolm Rackett, whose predecessor in title was Straussner. Each of these owners conducted gasoline sales from two pump islands at the site, one having been located along the westerly property line along Main Streetand the other island underneath the canopy, which remains. 5. COUNTY LAW - REQUIRED UPGRADING FOR CONTINUED GASOLINE SALES. In early 1990, written bid proposal(s) were obtained by the applicants to provide "...engineering services, one (1) test boring, register tanks and secure permits with the Suffolk County Department of Health Services and Town of Southotd..." and to "excavate, remover and legally dispose of three (3) 8,000 gallon underground tanks and associated piping, existing pumps and wiring .... " Also included in the February 12, 1990 bid proposal was "...A. to furnish and install two (2) 8,000 gallon and one (i) 2,500 gallon fiberglass double wall tanks .... " Another bid proposal, dated March !, 1990, outlined an estimate for a new fire suppression and optional 8,000 gallon tanks in lieu of 10,000 gallon tanks. The record shows that a permit was issued by the County Department of Health Services on March 17, 1992. During this time period, the N.Y.S. Department of Environmental Conservation also had a permit pending under Project No. 1-4738-00513/000001-0 for a vapor extraction system. 6. By application to the Building Inspector dated Decem- ber 7, 1992, an application for a permit to replace gasoline tanks and for use in the sales of gasoline was filed and disapproved on the following grounds: "...Article XXIV, Section 100-24t(G) nonconforming service station has not dispensed gasoline in the last two years and wishes to reinstate this service. Action required by Zoning Board of Appeals. Note-property situated in a Residential R-40 .... " 7. This application is an appeal of that December 7, 1992 decision of the Building Inspector. For the record, Article XXIV, Section 100-241(G) of the zoning code reads as follows: Page 3 - Appeal No' ~143 Matter of GEORGE AND ANGEL!Ki SPANOS Decision Rendered April 22, 1993 G. Whenever a nonconforming use of a building or pr~mises 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 Qr premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. 8. BASIS AND ISSUES OF LAW: First, it must be determined whether or not the nonconformity of gasoline sales from the pumps has been intentionally abandoned, o~ impermissibly changed. Testimony was sLf0mitted clearly Showing that there was no intention by the owner to abandon gasoline sales. The owners' actions to comply with the State and County laws governing inground fuel storage tanks and to obtain appropriate permits within the two years under consideration is not evidence of intentional abandoranent. 9. In considering this application and viewing the site and the character of the area, the following are noted: (a) the stlbject parcel has over the past few years been kept in a disorderly fashion with outside storage of inoperable vehicles, licensed and unlicensed, and dismantled vehicles, vehicle parts. The applicants have indicated they have recently been cleaning up the property and have agreed to return the premises to an orderly state in accordance with the code requirements for no outside storage of dismantled, unlicensed, and/or inoperable vehicles and to provide sufficient on-site parking as required by the parking schedule {six spaces: two for each bayand two for employees}. (b) the subject property is located in a residential neighborhood, and is surrounded by residences. There are valid concerns from not only the Board Members but also residen=s that the improper storage of vehicles and vehicle parts must be improved for aesthetic, safety and health purposes. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, that the application be and hereby is GRANTED, finding that the nonconforming use of gasoline sales has not been intentionally abandoned, and the Building Inspector ms hereby authorized to issue a building permit for such construction on compliance by the applicant with all other provisions of the Zoning Ordinance and the Building Codes of the Town of Southo!d and all other regulations pertaining to replacement of the gasoline tanks and incidental structural Page 4 -.Appeal No.! k43 Matter of GEORGE AND ANGELIKi SPANOS Decision Rendered April 22, 1993 supports for its safe construction and proper operation~ and SUBJECT FURTHER TO THE FOLLOWING CONDITIONS: a) a parking area shall be provided for six cars as req~/ired by the parking regulations of the zoning code: two per repair bay and one for each of two employees, for a total of six parking spaces; b) before issuance of a Certificate of Occupancy and before any activity shall commence to conduct gasoline sales, the dismantled vehicles and vehicle parts, whether licensed or unlicensed, and outside storage of materials, shall be either removed or stored in such a manner required under the zoning ordinance (such as in an enclosed area or building). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted (5-0). ........ ~ ~JD FILED BY DATE ~//3 HO~/2 .'~ / ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Roher~ A. Villa R/cB_ant C. Wil~on 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 Soathold, 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 THURSDAYt MARCH 18t 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. to the Zoning Ordinance, permission to construct 4158 STEVE DONADIC for a Variance Article IIIA, Section 100-30A.3 for dining room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arsha/nomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. 2, 7:35 p.m. Appl. No. 4159 - JOHN F. McGILLIAN for a Variance to the zoning Ordinance, Article XXIIIr Section 100-239.4A[1) for permission to construct enclosed porch addition within 100 feet of bluff along Block Island Sound. Location of Property: Off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-011-1-11. (Also referred to as Fishers Island Map Block 25, Lot 2); Page 2 - Notice Hearings Southold Town Board of Appeals Regular Meeting of March 18, 1993 3. 7:40 p.m. Appl. No. 4149 - Application of DEPOT ENTERPRISESt INC. for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the'main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. S~bj ect premises is zoned Residential-Office (RO) and contains a total lot area o~ 1.6+- acres. 4. 7~45 p.m. Appl. No. 4143 - Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(~) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area o~ 21,525+- Sqo ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. 5. 7:50 p.m. Appl. No. 4078 - JOHN PHILLIPIDES & OTHERS (Owners) by THEODORE PETII~AS (Contract Vendee) for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 fto and less than the required total ~age'3 - Notice , /Hearings Southold ~ Town Boa~d of Appeals Regular Meeting of March 18, 1993 sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District lot area at 11,000+- sq. ft. 6. 8:00 p.m. Appl. No. 4156 HOMEOWNERS ASSOCIATION~ INC. is nonconforming as to total GARDINERS BAY ESTATES (Continued from 2/23/93 hearing). This is an Appeal based upon the February 10, 1993 Notice of Disapproval issued by the Building Inspector requesting an Interpretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "... docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Applicant is proposing to construct new dock areas (for four additional boat slips) at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond," an estuary of Orient Harbor; also shown on the Map of Gardiners Bay Estates, Section 2, filed in the Suffolk County Clerk's Office as Map No. 275, East Marion, NY; Copunty Tax Map ID Nos. 1000-37-1-part of 23 (private road), and part of 17 (underwater land). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written commenus 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 Page 4 - Notice Hearings Southold Town Board of Appeals Regular Meeting of March 18, 1993 the files or need to request more information, please call 765-1809 or visit our office. Dated: March 3, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD Po GOEHRINGER CHAIRMAN By Linda Kowalski x TOWN OF SOUTItO LD BUILD 17hrG DEPAR'I3IENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...~.. ~.¢.. ~.-.~..... ~ ~.~.~ ~ .... PLE^S[ T~r~ NOrrC~ r~ yo~ application dated .~*~. ~ ........ [9 .~ ~. for pe~ir ro ~.' ~ ' a ..... .~ .......... at ~ouse No. tre~r ~ ............ County Tax Map No. 1000 Section ...~ ~q Block ~ ~ Lot ~ Subdivision ................. Filed Map No ................. Lot No .................. 2D ' , ~ -- . B j ...................... ~ ........ M ..... . .g:.~P., - Building Inspector RV 1/80' TOWN OF SOUTHGLD, NEW YORK DEC O? ~ut~,lcl ?~wn Cl~ APPEAL FRO/V, DECISION OF BUILDING INSPECTOR APPEAL biO. DATE ..../..~..~..'Z./. ~..LLLLLLLLL~... ....... TO THE ZON NG BOARD OF APPEALS. TOWN OF SOUTHOLD. N. Y. I, (We) 8eorge Spano$ & ^ngeliRi .$Pa~os.of 685 Daisy Road Name of ACaellant Street and Number .............. .M..a..t..t..t..t..uck .................................................. .N..e..w....Y..o.r..k .......... HEREBY APPEAL TO Munlclga m'v State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( Name or Applicant for permit of 685 Daisy Road, Mattituck, N~Y. Street oma Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY I ( ) 1. LOCATION OF THE :ROPBRTY ~la£a..Stmaa~..&..£hamg.t£m.E].;~,.G.r..e..e..n. Rg.r.~ ................... Street /Hamlet / Use District on Zon[~"~ Distric~ 1000 Section 34 Block 3 Lot 22 ................................................................................. uurrenc Owner /V~OD 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 numoer. Do not quote the Ordinance.} Article XXIV Section 100-241 3. TYPE OF APPEAL Appeal s made herew,th for (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access ,State of New York Town Law Cha~. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A arevious appeal kb¢~ (has not) been mode with respect to this decision of the Building Insoector or with resoecr to Chis ~ra~errv. Such appeal was ( ) request for a special permit ( } request for o variance and was made in Appeal No ............................. ;...Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance (x) Deter,~inatJon as se~ Forth below is requested for the reason that the applican% for fi.fteen (15) years owned and operated a gasoline service station at the above site which'was a non-conforming use aha seeks a determination that such non-confoming use has not been abandoned or in the alternative ~o reinstate the non-conforming use. o~%. ,*,,~, (Conhnue on other side) I STRICT APPLIC/\TION OF THE ORD[hlANCE would produce procttcot difficu{!ies or unneces.. (~or~ HARDSHIP because 'the appiicant and the apPlicant's predecessors for more than fifty 50) years have operated a gasoline service station at the site, and applicant believes discontinued dispensing gasoline because of a requirement that new underground tanks be installed which cost was prohibitive. 2. The hardship created is UNIQUE and [s not sheared by ail properties alike in the immediate · vicinity of this property and in this use district because applicant is the sole gasoline service station tn the immediate locate and is a continuous non-conforming business operation; predating the zoning code of the Town of Southold. 3, The Variance wouid observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the applicant's operation has been and continues to be to operate an automobile service sta%ion including repair shop and undertaking ali of the incidenta! activities associated with a gasoline service station which has been in existence for more than fifty (50) years and a continuation of this existing use wiIl not change the character of the area. STATE OF NEW YORK COUNTY OF SUFFOLK SS OWNER TOWN OF .50UTHOLD OWNER STREET N RES. SEAS. VL. LAND IMP. TOTAL FARM DATE PROPERTY VILLAGE RECORD CARD SUB, TYPE OF BUILDING COMM. ) CB. MICS. Mkt. Value REMARKS LOT AGE NEW FARM Tillable Woodland Meadowland House Plot NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER ~RONTAGE ON ROAD /~ DEPTH ./~ ~ ~ BULKHEAD DOCK COLOR ~, · ,~ ~' M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Ext, Walls Fire Place ~3ath Total__ T, ype Roof Recreation Room Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Gi4 ~ PL ~ ~ PL Ar' ~ IFOR, M NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certi[icate O[ Occupancy No. Z&7.3.~.'. Date ... i ............. ..(~...~... !7, 19.7..'~, T~-II~'CERTIFIES that ~e b~ld~g located at % '~1 ~1 ~l" ' Str~;:~ ' - Map No. Block No ........... Lot No. ' . conforms subst~tially to the ~,nn ~n. ~)~]~i~or~h~ datej ~ F~ ~- ~, 19H.7 p~suant to which ~~ ~'~c~, ~,~cy ................... ~o..~. dated .... ~.( ~ .... l.~.., 19~.b~ was issued, ~d conforms to ~1 of the req~m ments of the applicable provisions of the law. The occup~cy for which this c~rtificate The certificate is issued to ................................. /////~/~/////// ......... (owner, lessee or ten.t) of the Moresaid building. S~olk County Department of He.th Approval .... ~' ~' U~ERWRITERS CERTIF~E No ....... ~ HOUSE NUMBER .............. Street ...~[.[ ~ ~O ~ ...... M; V ........... ................................................~2 ': '~" ...... ~~ ~:' 7: ............... .. Building Inspector 1 C__.I-tAP'I P L! ~'q 159.9~ PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD MARCH 18, 1993 P r e s e n t : HON. GERARD (7:30 p.m. JAMES DINIZIO, SERGE DOYEN ROBERT A. VILLA GOEHRINGER, Chairman JR. RICHARD C. WILTON Hearing) LINDA KOWALSKI, Secretary-Clerk to Board ZBA Hearings 22 March 18, 1993 APPLICATION NO. 4141 GEORGE AND ANGELIKI SPANO$ for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 14, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. 8:08 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey from Roderick Van Tuyl, P.C., the date on it is September 25, 1975; and I have a copy of a Suffolk County Tax Map indicating this and surrounding properties are you this evening? Appearance: in the area. Is Mr. Cuddy present? How Charles R. Cuddy, Esq., for the Applicant MR. CUDDY: I am Charles Cuddy, and I represent the applicants who are Mr. and Mrs. George Spanos, who are both here. I would first like to hand up to the Board, if I may, .exhibits; and I will refer to them as I go along. (Whereupon materials referred to received by the Board and marked Applicant's Exhibits 1 through 10 in evidence.) MR. CUDDY: The Spanos's are residents of Mattituck and they own ZBA Hearings 23 March 18, 1993 what is the Greenport service station. Probably most of you are familiar with it. This is a station located the northeast corner of Main Street and Champlin Place in Greenport. It has been there at least to my knowledge some 25 years, and I understand and am going to show you evidence it has been there probably for fifty years in just the form virtually that it is today. This is an application to determine that the non-conforming use has continued. The Code says that, that is, the Southold Town Code says that where that non-conforming use is discontinued for more than two years, that it becomes abandoned. It is our intent tonight to show you that it has not been abandoned; and the use we are talking about is the gas service station, that is, the gasoline pumps which were removed a little over two and a half years ago; and that has presented a problem because Mr. Spanos now wants to put paints in the ground (noise on tape obscures a few words) and a service station. I want to point out to everybody that this is not an application for a use variance; it is not an application to have a referendum on whether gasoline stations are permitted --It is simply a very narrow question as to whether this is continued-- and we submit that it has-- The first point I would like to make, and I have addressed --those exhibits with numbers so that you can follow along with some of the things I am indicating-- is that it is a non-conforming use. The nonconformity I think is shown by an ZBA Hearings 24 March 18, 1993 affidavit from Mr. Wippert (phonetic), who is a resident of Greenport. He has been a resident of Greenport for more than fifty years, in fact, all his life; and he indicates in that affidavit that this gas station has been at that site, that he has personally observed it, that he is aware that the gas service station was there as well as the repair shop for more than fifty years, which takes it back prior to 1957 when (coughing completely obscures tape) it is today because it is located in a residential district. The second and third exhibits are simply the deed into Mr. Spanos which was in 1975, from the preceding owner, and the exhibit that is annexed to that is the C.O. The C.O. was issued by the Town in 1975 at the time that he got thepremises; it indicates it's a non-conforming use. There is also an assessment record from the Town which indicates that the premises leased as of 1968, and going back beyond 1968 eas also a gasoline service station and had been used in that capacity for a number of years. In or about April of 1990 this station was forced to stop pumping gas, and Mr. Spanos will testify to that later because they had to remove the storage tanks. From that time on, Mr. Spanos conducted business, and I will have him testify and other people here testify as to the nature of the business he conducted. The use that they continued basically is the sale of automotive parts such as oil, grease and transmission fluid; and it is our contention --and the testimony will be-- that those ZBA Hearings 25 March 18, 1993 things permit him to continue the use today. He is going to testify they occurred in 1990, they occurred in 1989, 1991, '92 and '93; and because of that continuation, I believe and I submit that the law states that he has a continuing use of that property; and I refer you specifically to a case that is called Islip v. PBS Marina. It is a 1987 case that simply says that you can only terminate a nonconforming use if it discontinues if the discontinuance is total, meaning that it must be completely terminated and in this case the very things that he did in 1988 and 1989 were still done in 1992, and that is, selling products. THE CHAIRMAN: Will you furnish us with a copy of that case, Mr. Cuddy? MR. CUDDY: I can get you a copy. THE CHAIRMAN: Thank you. MR. CUDDY: For reference purposes I will cite the citation. It is 133 Appellate Division 2d 81. And it is also probably the books that are here-- 518 NYS 2d 427, and that is this Department that covers Brooklyn, Queens, Nassau, Suffolk. The other thing I would like to point out to the Board: If, in fact, the facts did indicate that there was a continuing use --and they certainly do-- the equities are entirely with Mr. Spanos. Before the tanks were removed, in or about 1990 in February which is a month, two months before those tanks were taken out, he went out and got a contractor to indicate what the cost would be to him to replace the tanks; and that is when the thing began to be a problem to him. ZBA Hearings 26 March 18, 1993 Exhibit No. 6 is a contracting company that indicated to him to replace the tanks, he could have 2 10,000 tanks, one 6,000 gallon tank, it would cost $148,000. That was prohibitive. It didn't stop him, but it sure slowed him down. In 1991 about a year later he hired a permit research firm. The permit research people, as Exhibit No. 7 will show, made up a plan in 1992, February 1992; they submitted it to the Department of Health Services. That plan was approved in March of 1992, and that is what Exhibit No. 8 shows, that the Health Services Department had approved the installation of underground tanks. He then had his permit application people make an application to the Town of Southold Planning Board. Unfortunately this was done in May of 1992, just about two years after the tanks were removed. The application was made on May 8th; the Planning Board a week later wrote him and said he missed by a day the cutoff. That is Exhibit No. 9, which is a letter from the Zoning (sic) Board. I would think that that exhibit plus the fact that he was at all times making efforts to get this done and in particular that he spent the money, several thousand dollars, to get the plan, which was approved by the Health Department. His inequities, which very few people have, and I think that that alone should permit him to continue on at this point --In any event, the Town itself has taxed him as if the gas service pumps were still there. I put his last two tax bills before the Board. His taxes didn't go down, they increased. There is no indication whatsoever that the Town ZBA Hearings 27 March 18, 1993 thinks he is in any different business than he was before, and I don't think he is. Finally, I would like to say that Mr. Spanos recognizes that there may be a problem with some people thinking that his station hasn't been neat and orderly. He submitted a plan to the Board to show what he plans to do in the future as far as storing the vehicles; and I would like him to come up --unless the Board has some questions at this point-- to testify. THE CHAIRMAN: Just one question. Notwithstanding the fact that he has worked on this proposal, you are referring to this case of 1987 and saying that even though a person is not dispensing one. specific type of either automotive or marine product, that this particular case indicates that since they were dispensing or selling, you know, retail, types of automotive products--no? M%. CUDDY: The case doesn't say that. The case says that you can terminate a non-conforming use only if you discontinue every incident of that use. That case was referring to a marina. The marina had 100 slips. They had one slip open for two years. The Judge said that is enough because the rule is (inaudible) so I don't want to say factually about oil, but the same principle applies to this, that he was doing the same thing that he did before, albeit he wasn't serving gasoline or dispensing gasoline. What he was doing was selling oil, was selling automotive products, the very things that he was doing beforehand from the service station. ZBA Hearings 28 March 18, 1993 THE CHAIRMAN: Thank you. G E O R G E S P A N O S , the applicant, being first duly sworn by the Chairman, testified as follows: DIRECT EXAMINATION BY MR. CUDDY: Q Mr. Spanos, are you the owner of the Greenport Service Station? A Yes. Q And you have been the owner for some 17 years at this point? A Yes. Q Prior to 1990, I gave the date as roughly April of 1990, did you dispense gasoline at the service station? A gasoline? A Q A Q A Q A beginning of I did. Did you actually operate the service station? Yes. Did there come a time when you stopped dispensing Never stopped (inaudible)-- (Continuing) Well, in 1990 did there come a time? Never stopped (inaudible)-- When did you stop selling gasoline --sometime in 19907 1990 middle of the year. In the middle of 19907 Tell us when you think it was. I never exactly remember the date, but it was the '90. ZBA Hearings 29 March 18, 1993 Q dollars? A Q Q Prior to that time were you selling other products besides gasoline at the service station? A Yes, we used to sell everything that a car needs. I was selling antifreeze, oil, gas treatments, all these; sometimes I would help customer that was stuck, you know, for gas. I went with the gas tanks and bring the gas and sell to them to help them out so I never stopped pumping the (word indistinguishable on tape) here. Q When you sold those products, were you selling in hundreds or thousands of dollars? In 1989. A Yes. More than a hundred dollars? More than a thousand What type of income did you have? The gas? Not the gas -- the oil products. A More than a hundred. Q What about 1990 and '91 and same amounts? '92 --you were selling the A I losing because the cars doesn't (word indistinguishable) gas, so but I was selling the other. Q Were you selling more than a thousand dollars a year? That I was. Who operates the business, Mr. Spanos? I do. And is your family going to continue to operate this? Yes, since I open, my wife help me. Family business. ZBA Hearings 30 March 18, 1993 Q When you set the tanks out, was that voluntarily; or did you have to do it? A No, I had to do it because with the steel tanks not allowed anymore under ground. They have to be moved. Q You heard me tell the Board it was going to cost in excess of $100,000 to replace the tanks? A Yes. Q How are you going to do it? A So I am going to mortgage my house. Q so you are going to mortgage your house in order to get the tanks. A No company will install the tanks otherwise. MR. CUDDY: I have no further questions. THE CHAIRMAN: Do you have anything else you would like to say? MR. I can, SPANOS: That is about it. I would like to put back if and continue operate (indistinguishable). THE CHAIRMAN: Thank you. Mr. Cuddy, could I just ask a couple questions? We on the North Fork are certainly aware that there is definitely a need for gasoline sales, and we of course notice that predominantly in times of storms and so on and so forth, when we don't have necessarily electricity, and that was the case of a couple more recent storms myself when I had to travel out to Greenport, which was the only entity that had electricity-L and we had to go to the only gasoline station that existed at that time, which I think is Mr. Roberts over by ZBA Hearings 31 March 18, 1993 the old movies-- Now I know there is another gasoline station that is coming in, the old Gulf station which is G & S, and there is no doubt in my mind. My particular problem here is, and you did admit to it, and of your applicant, that this operation is a little unsightly. I would ask you, if you would submit to the Board some type of covenant, some sort of restriction that is tied to a certain type of this business, only because I am concerned not only for the Spanos' but any subsequent owners, if the Board is so interested in granting this. It is a relatively small piece of property, as you know, and in the operation of the repair of automobiles, it sometimes requires that these automobiles be kept for a certain period of time until parts are gotten, and that has been, I think, the major portion of the problem on this particular piece of property, most recently from what I can remember. I of course don't live in the hamlet of Greenport; but when I do travel to the hamlet of Greenport, I do see that on this particular site, and that is my concern at this point. MR. CUDDY: I don't think the applicant has a problem with that. I discussed extensively with him the concerns, and I am sure some of the neighbors have as to the sightliness of the project, and he has indicated a willingness to bring it up and maintain it. I submitted a sketch, drawing, to the Board to show that he intended to fence part of it, and he also intended to landscape part of it, to try and hide vehicles that he stores. The fence will be sufficiently high so that can be ZBA Hearings 32 March 18, 1993 done; but I don't have a problem if you want to condition approval on that fence height. THE CHAIRMAN: That is just for me --I don't know what the rest of the Board want. MR. CUDDY: I am saying that because we had discussed that. THE CHAIRMAN: Is this trailer still in use in the rear of the property? MR. CUDDY: No, I don't believe the trailer itself is in use. It is still there. THE CHAIRMAN: It is still there; it is not in use, okay. Questions from Board members? Bob? MEMBER VILLA: Yes, I have a question. A figure was thrown out over a hundred thousand dollars to replace the tanks, and that was the first one. Is that number still current? Is it higher? MR. CUDDY: The number is lower. It is somewhere between a hundred and a hundred-ten, as I understand it. This is from the people that he had actually do the plumbing. MEMBER VILLA: Now my concern is, it is all well and good to try to get back into business, but has anybody done an economic study to see that he is going to be able to pump enough gas to pay this off? And I would hate to see a person mortgage his house, get an approval, and then not be able to pay off the mortgage because you are going to have to pump a lot of ZBA Hearings 33 March 18, 1993 gas to pay off something like that. Has there been an economic study done? MR. CUDDY: No. I think it is his intent, it is everybody's bent who is in business that they can do it; he has been there seventeen years and knows what his income is and he knows a $100,000 mortgage is going to cost something, which is not exorbitant, but it is money, and he is aware that it is. Today the interest rates happen to be incredibly low, so he is fortunate this is the time he is doing it. I don't anticipate that that is going to be a problem, and Mr. Spanos as I say, has been, is not a newcomer to the business, and he is aware what it produces. He. has indicated to me that that type of mortgage he thinks he can handle, and also that the cost, he has it down somewhat, so that it is not 148, and probably can reduce it by some $30,000, $40,000; but he anticipates he can do it. This is a man who knows how much he makes in a business. MEMBER VILLA: Some of the neighbors have expressed concern over the condition of the pro-erty. Is there a time schedule or a time-frame that you have --to put it bluntly-- to clean it up? MR. CUDDY: I would think we would be able to clean it up within a sixty-day period. And, as Mr. Goehringer suggested, we would be willing to covenant that condition will be corrected. THE CHAIRMAN: And remain? MR. CUDDY: And not just to occur at that point but it will remain that way. ZBA Hearings 34 March 18, 1993 THE CHAIRMAN: I can see some pretty exclusionary restrictions --there is no doubt in my mind. MR. CUDDY: I point out to the Board also, and I understand that everybody wants the neighborhood to be decent, and there can be no objection to that, but I think there is a limit as to what can be compelled as far as where you put things, and he only has so much room to work in-- I certainly have no objection, and I can see no objection to saying he can't put things on the street or on the sidewalk, and I don't think they can be piled high, but certainly in an area he can use, and he will try and screen the area he uses sufficiently, and I would hope that that would be adequate for the Board's purposes. THE CHAIRMAN: My concern, and we had had an application on the Main Road, the applicant's name was Sunny Brown-- and it was a pretty good decision that the Board had come up with and the main concern is the placement of unplated vehicles, the placement of dismantled vehicles or partially dismantled vehicles, and those are the vehicles that would have to be placed within the fence compound in the rear. Current vehicles that are being used, that are being worked on, as long as they didn't disrupt the normal function of visibility on the property of making that right turn and in the same case of making a left turn onto Main Street, and so on and so forth; but the main concern of this Board is the more than temporary placement of vehicles that simply don't ever move, they just ZBA Hearings 35 March 18, 1993 stay there, speak. I hate to use MR. CUDDY: and they are hatching a service station, so to old cliches, but that is, you know-- I have no problem with what you are talking about at all. I would point out to the Board, as you are aware, the Town has enforcement offices. I don't know what has or hasn't happened in the past. Also, they have, if they are violating, and I assume that that is what people are talking about-- I would assume someone would have gone to them at this point and said that; but if that still exists, by the way, and we have a covenant, the breach of that covenant may have certain consequences to it, but I think that the Building Inspector or enforcement code personnel officer can go out and at any time claim he has exceeded his limits. I have other witnesses, very short. THE CHAIRMAN: Surely. MEMBER VILLA: In the re-establishment of gasoline sales, do you plan on modifying the lighting of the property in any way from what exists today? MR. CUDDY: I think that the lighting would become somewhat --it is shown on the plan, I think-- it would be more current than it is. I don't think the lighting will reflect on the neighbors, if that is what you are talking about. We have no problem with that; but the gasoline pumps, by the way, will not be --one time they were on the street-- They will not be on the street anymore. They will be inside the canopy, so the lighting doesn't have to go further than that. ZBA Hearings 36 Orch 18, 1993 THE CHAIRMAN: Okay. Anyone-- MR. CUDDY (interposing): I would like to call Mr. Brown, if I may. VICTOR BROWN, being first duly sworn by the Chairman, testified as follows: DIRECT EXAMINATION BY MR. CUDDY: Q The next few witnesses are going to testify basically to the continuing use of the premises and ask to make the statement on the record. A Okay. For at least the last two or three years that I can remember and prior to that time, I have regularly been going to the Spanos station to buy oil products, oil, oil-change, antifreeze, things of that type; and it has been available for me each time that I come. I ask for a particular type of oil, and he has it. THE CHAIRMAN: That is great. Thank you very much, sir. (Whereupon the witness was excused.) THE CHAIRMAN: Good evening, how are you? M A R I O N L A T N E Y , called as a witness by Applicant, follows: My name is Marion Latney. have been living there all my life. been there, he has been helpful to me with my car. being first duly sworn by the Chairman, testified as I live in Greenport. I Ever since Mr. Spanos has Anytime I ZBA Hearings 37 ~ch 18, 1993 need it, serviced my car. I get oil from him. George will do it for me. THE CHAIRMAN: MS. LATNEY: THE CHAIRMAN: if my car breaks down, he is right at my house. He Anything my car needs, Right. And I miss him. Thank you very much. (Whereupon witness was excused.) THE CHAIRMAN: How are you tonight, sir? JOHN CARTSELOS, CUTCHOGUE, N.Y., called as a witness by Applicant, being first duly sworn by the Chairman, testified as follows: I am John Cartselos; I am a resident of Southold. What I would like to say is that I have been dealing at the Spanos Service Station for many years, and I still go up there to get my car serviced; prior to 1990 and it is continuing, antifreeze and servicing my car. Thank you. THE CHAIRM3~N: Thank you. Any further questions of the Board? Of Mr. Cuddy or applicant? Anybody? No? (Whereupon the witness was excused.) THE CHAIRMAN: Is there anybody else who would like to speak in favor of this application? Yes, sir. CHARLES RAYNOR (phonetic, unsworn): My name is Charles Raynor. I live at 17 Sound Road. I have lived there for twenty years. George has serviced my truck and my car ever since he has been in business, with Prestone, grease, any repair ZBA Hearings 38 ich 18, 1993 needs to be done, George did them. all I have to say. THE CHAIRMAN: Thank you. He done a good job. That's Anybody who would like to speak either for or against this application? Seeing no hands, we thank you all for coming in and bid you all good evening; and I will make a motion closing the hearing and reserving decision until later. (Seconded & carried; see Clerk's minutes.) THE CHAIRMAN: Thank you very much. (Transcribed from 3/18/93 hearing tapes, jdr) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTT L. HARP, S Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ma,rch 3, 1993 TO WHOM IT MAY CONCERN: 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 relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf aG fihe 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 length~, a draft or final written'copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms~ obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. 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, Enclosure Linda Kowalski ~°'' bNOTICE OF PUBLIC HEARINGS NY; Count Parcel NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the I 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 THURS- DAY, MARCH 18, 1993, com- mencing at the times specified below: 1.7:30 p.m. Appl. No. 4158- STEVE DONADIC for a Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addi- tion with a reduced side yard setback at less than the re- ' quired ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, I Southold, NY; Willow Point Subdivision Lot No. 28; Coun- ty Tax Map Parcel ID No. 1000-56-5-32. 2. 7:35 p.m. Appl. No 4149- Application of DEPOT ENTERPRISES, INC., for a Variance to the Zoning Or- dinance, Article VI1, Section 100-7lC (which refers to 100-31C-4, 100-33) of the residential accessory use pro- visions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, N~; .Coun- ty Tax Map Parcek tD No. 1000-102-2-12.1. ~ubject premises is zoned Resi~ential- Office (Re) and contaihs a total lot area of 1.6+ acres. 3. 7:40 p.m. Appl. No. 4078- JOHN PH1LLIPIDES & OTHERS (Owners) by THEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Or- dinance, Article XXIV, Sec- ' lion 100-244B for permission to locate new dwelling struc- ture with side yards at less than the required 10 ft. and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000 ± sq. ft. 4. 7:50 p.m. Appl. No. 4143- Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-241(G) for permission to reinstate gasoline sales which is nonconfirming in the current zone district, R-40 Low-ResidentiaL The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot orea of 21,525 ± sq. ft. This parcel is more par- ticularly identified on the Suf- folk County Tax Maps as District 1000, Section 34, Block 3, Lot 22, and is refer- red to as 330 Main Street, Greenport, NY. ' 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 the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: March 3, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-3ZI 1/93(4) COUNTY OF SUFFOL STATE OI'- NEW YORK Patricia Wood,' being duly sworn, says that she is thc Editor, o( THE LONG ISLAND TRAVELER-WATCHMAH, a public newspaper printed at Southold, in Suffolk Coumy; and that the notice of which the.annexed is a printed cop,:, Il,is been published in said Lorlg Island '['raveler-Watchm,tr] successively, commencing on the // ~ Swllrn It) bcfl)~e rnc Ihis ........... /.'~ ........ (la> ,,r Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480~46 Qualified in Suffolk County C~mmission Expires N'ZD 22 50 iL, 1G0.6.5 t59.9~ SCALE-- 40': !" 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. 4143. GEORGE & ANGELIKI SPANOS DECEMBER 7, 1992 Transmitted is application for a variance submitted by Geor.cle & Angeliki Spanos together with notification to adjacent property owners; short environmental assessment form; site plan map; notice of disapproval; zoning board of appea~tues, ti~naire. Southold Town Clerk c~ G~-~,~-,E$ R. GUDD¥ 180 O~a~ GO~-~TaY 1~o~ (I{~. 58) RrV~,~D, ~ 11.901 November 16, 1992 Clerk, Zoning Board of Appeals Town of $outhold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Spanos - Variance Application Dear Madam: Please find enclosed the following in connection with the appeal to the Zoning Board of Appeals for a determination for continuation of a nonconforming use or in the alternative to reinstate a nonconforming use: 1. Appeal from decision of building inspector 2. Short Form Environmental Assessment Statement 3. Questionnaire 4. Notice to Adjoining Property Owners together with affidavit of mailing 5. Six (6) copies of survey of subject parcel 6. Check to the Town of Southold in the sum of $300.00 Would you please place this matter on your calendar as soon as possible and advise us of the date, place and time of meeting. Thank you. Very truly yours, Charles R. Cuddyt3 CRC:ejc Encls. 180 OLd) C~)UNTHY ~OA~) (RT~. 1~. O. ]BOX December 8, 1992 Clerk, Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Spanos - Variance Application Dear Madam: We are enclosing the certified mail receipts mailing of the notice, in the above matter, to property owners. CRC:ejc Encs. evidencing the the adjoining Very truly yours, Charles 066L ounF '008~ w]o3 Sd TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK In the Matter of the Application of : GEORGE and ANGELIKI SPANOS for a Pre-existing Certificate of Occupancy : STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) FRANCIS WIPPERT of ~Street, duly sworn, deposes and says that: Greenport, New York, being (1) I have been a resident of the Town of Southold for more than fifty years, and I am familiar with the operation of a gasoline service station at the intersection of Main Street and Champlin Place in Greenport, New York. (2) The gasoline service station and repair shop at the above site existed prior to 1957, and based upon my observations and personal knowledge the gasoline service station and repair shop was in continuous use for both purposes from prior to 1957 to the present with the exception that in or about 1990 the gasoline pumps were no longer operated. (3) Throughout the more than forty years that I have witnessed the gasoline service station and repair shop in existence, it has been continuously in use by various operators and functioned jointly as both a gasoline service station and as a place where vehicles could be repaired. During this period of time the owner or operator of the station sold products such as oil, various antifreeze products, and other fluids for vehicles as part of the operation of the gasoline service station. (4) I make this affidavit knowing that it will be relied upon by the Zoning Board of Appeals of the Town of Southold in connection with an application before it to determine the pre- existing use of the gasoline service station is a continuing use. Dated: March 11, 1993 Swo~n to before me this day of March 1993. ~-/Notary Public II~la~ I~1~1~* State ~Ne~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa iReichard C. Wilton ephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECI~TION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1.1971 Fax (516) 765-1823 Telephone (516) 765-1800 Dec. 7, 1992 Appeal No. 4143 Project Name: George Span0s County Tax Map No. 1000- 34-3-22 Location of Project: llO0 Main St. & Champlin Pl., Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Reinstate gas sales at this non-conforming service station, since 1989 zoned R-40. The principal use is repair and servicing of motor vehicles with sales of 0il & related This Notice is issued pursuant to Part 617 of the implementing products. 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be iraplemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site ~provements. { } this Board refers 4ead agency status to your agency since the Board of Appeals does not feel its scDpe of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, N~ 11971 at (516) 765-1809. of PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth k Edwards Telephone (516) 765 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Appeals From: Richard G. Ward, Chairman ~% RE: George and Angeliki Spanos 330 Main Street Greenport SCTM# 1000-34-3-22 DATE: April 22, 1993 tqe 2 2 -3:-5-D/,,2/~S~O'I~ L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Zoning Board of The Planning Board is not in favor of the variance request to reinstate gasoline sales use on this 21,525 +- square foot lot in this Residential Low Density (R-40) Zone. Attached is the Board's letter of September 14, 1993, to Mr. Frank Nealon returning the application and fee. QUESTIONNAIRE FOR FILING 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. ) ~rge]~! Spanos - Owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X } No. (If ~es, pl~e a~b copy o~ "conditions" of sale.) C. Are there any /~roposals tD change o~ alter l~nd cuntou~? { } Yes {X } No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map submitted wi~hv this application? ~ 3. Is the property bulk~eaded between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination 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 level? ..NO (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, b~lkheads or fencas which eY~t and are not ~h~wn ~n the survey map that you ara submitting? .NO 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 permit and map as approved by the Building Department. 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 parcel ReaDir ~f whic]~. ~ale of oil. oas additive and PLANNING BOARD MEMBERS Bennett OrlowskL Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Frank Nealon Permit Research & Environmental Consultants, 1108 Route 110 Farmingdale, New York 11735 Re: Spanos Repair Station N/E corner of Main Street & Champlin Place, Greenport Zoning District: Low Density Residential (R-40) SCTM# 1000-34-3-22 Dear Mr% Nealon: The Planning Board has received your letter of May 8, 1992, and application for a site plan for the above referenced project. The previous non-conforming use of gasoline sales has been discontinued for more than two years. Exxon Corporation has confirmed that the tanks were removed on May 14, 1990. According to the Town Code, Section 100-242 G., "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years ...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." There is no variance on record to restart this non-conforming use. Accordingly; the Planning Board cannot proceed with the processing of your application. Please let us know what course of action you intend to pursue. If you have any questions, or require further information, please contact this office. cc. Very truly yours, Bennett Orlowski, Jr. Chairman Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman Zoning Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wil~on ~blephone (516) 765-1809 BOARD OF APPEALS TOV~N OF SOUTHOLD Feb£uary 16, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fox (516) 765-1823 Telephone (516) 765-1800 Charles R. Cuddy, Esq. 180 Old Country Road Peconic Plaza Riverhead, NY 11901-1547 Re: Appl. No. 4143 - George Spanos (Variance) Dear Mr. Cuddy: This letter will confirm receipt of the above application. At this time, the Board Members are individually viewing the outside area of the site. It is noted that there are areas presently used for storage of vehicles, some of which appear to be dismantled or inoperable. Please confirm the property owner's intentions concerning these areas and submit a sketch showing parking for employees and customers, restricted areas for egress and ingress to the gasoline pumps and service bay, and availability of realZ-- parking and additional screening or fencing from the neighboring residences. The public hearing on this application is expected to be held during the evening session of the Board's Regular Meeting calendared for Thursday, March 18, 1993 and the owner or his authorized representative should attend. A copy of the Legal Notice as published by our office will be forwarded to you as confirmation of the exact date and time of this hearing within the next two weeks. You should feel free to call our office at any time if you have any questions concerning this application. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN March 15, 1993 Zoning Board of Appeals Town of Southold Main Road, Southold, New York 11971 Dear Members: I am working this Thursday and will be unable to attend the regular meeting of the Zoning Board of Appeals on March 18, 1993, would you please read this correspondence into the record in regards to the matter of George and Angeliki Spanos for a variance to reinstate gasoline sales in a nonconforming district at 330 Main Street, Greenport. My family and I have 1 lived at our present address for the past four and a half years (wife and two children), the service station in question has been operating as a vehicle repair shop since the gasoline tanks were removed, this station has been nothing but an eyesore, there have been vehicles parked all over the property some in running condition and some not, they have blocked the view of traffic at the intersection of Champlin Place and Main Street some times for weeks on end, they have parked on the sidewalk blocking pedestrian traffic were various periods of time, at present there are over fifteen cars, trucks, and or boats on Mr. Spanos property, it seems funny to me that a request for a variance appears in the local paper and the front of the Spanos property has been cleaned up. If in fact you the Zoning Board of Appeals approves the request for a variance at 330 Main Street, Greenport, the Spanos should be made to keep the property in better shape then they have for the last four and a half years. I also wish to advise you that my house is the first house south of Spanos on the same side of the Street, and I have lived in Greenport all of my life and knew the Service Station when it was owned by other individuals and am aware of the condition that they kept the property in. Thank you, Gary M. Charters 1002 Main Street Greenport, New York, 11944 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 RECEIVED OFFICE OF THE TOWN CLERK 'row~ o~ SOUV~O~D ~R 2 4 1995 APPLICATION FOR PUBLIC ACCESS TO RECORDS$outhold Town Clerk INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. To: 2.3 .4- · (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, date, file title, tax map number, and any other pertinent information.) supply Mailing Address (if different from above): Telephone Number: ~/~ . ~9.~ ~/..~ Date: [ ] APPROVED WITH DELAY* [ ] DENIED* Freedom of Information Officer MAR 2 4 1995 $outhold Town Clerk Date * If delayed or denied see reverse side for explanation. R-80 HD RR : LB RR HD RR- zx~ [] DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUffOlk countY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING Hay 10, 1993 Town of Southold Zoning Board of Appeals Applicant: George and Angeliki Spanos Mun. File No.: 4141 S.C.P.D. File No.: SD-93-6 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Comission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appropriate operational and developmental restrictions should be set forth to adequately protect nearby residences. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner h LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE, NEW YORk I ) 788 · (516) 853-5192 PLANNING BOARD ,M~:MBER~ Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York Il971 Fax (516) 765-1823 ~ptember 14, 1992 Frank Nealon Permit Research & Environmental Consultants, Inc. 1108 Route 110 Farmingdale, New York 11735 Re: Spanos Repair Station N/E corner of Main Street & Champlin Place, Greenport Zoning District: Low Density Residential (R-40) SCTM# 1000-34-3-22 Dear Mr. Nealon: The Planning Board has received your letter of August 10, 1992, in reference to the above named property. The Planning Board cannot proceed with your client's application as the proposed use is non-conforming in this Low Density Residental (R-40) zone. The file will be closed and your check in the amount of $152.80 will be returned under separate cover. If you have any questions, or require further information, please contact this office. cc: Victor Lessard, Very truly yours, Bennett Orlowski, Jr. Chairman Principal Building Inspector , 8 PLA~qNING BOARD MEMBERS Bcnnelt Orlowski, Jr., Chairman Gcoree Rilchie Lmharn. Jr. Richard 13. Ward Mark S. McDonald Kenneth L. Edwards Telephone 1516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 ,4ay 15, 1992 Frank Nealon ih' e earch 1108 Route 110 /~ Farmingdale, New York 11735 Re: Spanos Repair Station N/E corner of Main Street & Ch~plin Place, Greenport Zoning District: Low Density Residential (R-40 SC~ 1000-34-3-22 Dear Mr. Nealon: The Planning Board has received your letter of May 8, 1992, and application for a site plan for the above referenced project. The previous non-conforming use of gasoline sales has been discontinued for more than two years. Exxon Corporation has confirmed that the tanks were removed on May 14, 1990. According to the Town Code, Section 100-242 G., "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years ...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." There is no variance on record to restart this non-conforming use. Accordingly; the Planning Board cannot pr6ceed with the processing of your application. Please let us know what course of action you intend to pursue. If you have any questions, or require further information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc. Victor LesSard, Principal Building Inspector Gerard P. Goehringer, Chairman Zoning Board of Appeals FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . .I.-~.~. · ..~.. ~. ~...~..... ! ~.~.~ ~ .... PLEASE TAKE NOTICE that your application dated . . ~'.~.g...e:~....~.. , .~. .......... ~o~e=~o ~.-~.~.,~~..~.,:~ .~. Location o f Properr House County Tax Map No. I000 Section . ..~q Block ~ ~ Lot .~ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . .~. [ X,; ...... : ..... , ....~ ..... 2"'~' ...... ~ · ~' · ~'*' '~-'~~ ......................... . . ~. Building Inspector RV 1/80' /~rd/~-~ y'-3-/_2.T'OwN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ,"~),.~) VILLAGE DIST. SUB. LOT 771, ?~, ,/.'.. ,,.~.~(..,.f :,~r?/ ... r .. ,,.. .,~oo __-.- . : ..:... ,. . ~s. s~s. w. , ~ Cco~> c~. ~,cs. ~,. ~': ~N~ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Wo~.d FRONTAGE ON ROAD /: ~ C~ / : ~ ~, ~: > Meadowland DEPTH / ~ ~ ~ House Plot BULKH~D Tota~ ~ ~ ~ ~ DOCK COLOR ,, ~,., TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage P-ati~, ' O; B. Total /p'5' Foundation Basement Ext. Walls LFire Place .J ype Roof Bath Floors Inferior FiF, ish z~ Heat Rooms 1st Floor Recreation Room Rooms 2nd Floor '~'~- Dormer Driveway . IKDinette %..: .:..,,z ,...~L~: ._.. FIN. B 10(),65 '" $,7B 2.5 O0 W. MAI:> 0[: GFtA, IV~pL! N FO~M NO.3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HAU. SOUTHOLD, N.Y. No BUILDING PERMIT ~THIS PERMIT MUST BE KEPT ON THE PREMISES UN~L FULL COM~L£TION OF THE WOrK AUTHOR,ZED} ................. ........................... 22081 Z Permission Is hereby granted to: ...~...~..../..~..q,.;~ ...... ~.~..:........//..~.~ ........ to.....~,~. ~ ........... ~....~~_ ~?...(~:~ ...... ~~ ............. ...~...~....~././.....~..~ ...... ~ ........ ../.....~.......~.~.~~ ....... ~./.. ....................... ~.. ~.. ......... ~./../..~;.~.....~...... ~./. ~ ............ ~./.¥~.... ~......../..~ ........................ at premises located at ....... ......... .~. ~..... ~~ ....~. ,~C'~,/~.-~ .......................................................... ......................................................... ~~..x..~ ................................................................... CounlyTax Map No. 1000 Section ...... ..~..~.... ......... Block ....... ...~...~.. ........... Lot No ..... ...~....~T.. ............... pursuant to application dated ..... ...~...~.(./..~.. ...... ...~...~.. ....................... 19....~...,~...., and approved bythe Building Inspector. Fee $...../..~....?..:...~. ..... Rev. 6/30/80 IPROJECT I.D. NUMBER I 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be cern~leted by Applicant or Prelect sponsor) SEQR 1. APPLICANT/SPONSOR I 2. PROJECT NAME Geor§e Spanos & Anqeliki Soanos I Same 3. PROJECT LOCATION: MunlcloalBy HamlPt nf RY'p~n.nnv-f County Suffolk Intersection of Main Street and Champiin Place, Greenprot, NY S, IS PROPOSED ACTION: New El Expansion ~Modlflcatlonlalterat to~ 6, DESCRIBE PROJECT BRIEFLY: Continuation and renovation of existing gasoline service station. 7. AMOUNT OF LAND A;FECTED; WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, desctll:)e brielly WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? Nearby parcels are residential in character; this parcel has been in use as a gasoline service station for more than 50 years I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNO~NLEDGE ADplicanl/$DOn$Or name: George Spanos and AngeIiki Spanos Dale: II the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires Of this form, and an environnlental review will be made by submission before any action is taken, th~s board SHORT ENVIRONMENTAL ASSESSMENT I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF 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 been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter~r have a large effect on an existing body of ~ater~ 4. Wzll project have a oo~]~ large impact o~ groundwater qualit ?- y . 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? _ Yes .~ No 10. Will project have a m~jor effect on existing Or future recreational opportunities? _~Yes X No ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~ No 13. Will project have any impact on public health or safety? 14. will project affect the existing community by ~Yes ~ No 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 charact~ of ~he community or neighborhood? 15. Is there public project? controversy COncerning the RepreSenting: Ge0r~e SDaqgs & Anqelikl Sp~h0s oate:109____lQ~/~ Z~A g/q5 ' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to ~rt_icle ~ of the Suffolk County Administrative Code, ~ard of Appeals of the %~/wn of Southold, New York, hereby refers the following to the Suffolk County Plar~g Cut,~,~ssion: XX Variance from the Zonin9 Code, Article XXIV , Section ]00-24] (G) Variance from Determination of $outh0]d /own Bui]din9 Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4141 Applicant: George and Angeliki Spanos Location of Affected Land: 330 Main Street, Greenport, NY County Tax Map Item No.: lO00-14-3-22 Within 500 feet of: XX 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Comments: whi ch i s Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Applicant is requesting permission.to reinstate gasoline nonconforming in the current zone district, R-40 Low- sales Resi denti al. Copies of Town file and related documents enclosed for your review. Dated: April 30, 1993. 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 TOV~N OF SOUTHOLD May 3, 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 Charles R. Cuddy, Esq. Peconic Plaza 180 Old Country Road Riverhead, NY 11901-1547 Re: Appl. No. 4143 - Variance to Install New Tanks and Continue Gasoline Sales Dear Mr. Cuddy: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our April 22, 1993 Regular Meeting. Please be sure to return to the Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals deemed necessary for the placement of the new gasoline tanks and related new construction. We have furnished copies of this approval to the Building Department for their update and record on the status of their Notice of Disapproval, and a copy to the Suffolk County Department of Planning in accordance with the rules set forth in the Administrative Code for projects located within 500 feet of waterways, and state or county properties. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of Decision to: Building Department Mr. Richard G. Ward, Chairman, Town Planning Board Suffolk County Department of Planning o3 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 7927 THIS INDF. NTURE, made the 10th day of October , nineteen hundred and seventy-five, BETWEY~ MALCOLM RACKETT, residing at 885 Bailey Avenue, Greenport, New York, party of the first part, and GEORGE E~ SPANOS and ANGELIKI SPANOS, his wife, both residing at 685 Daisey Road, Mattituck, New York, party of the second part, WITNE~qlfi-t[, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part f0rever~ ALL that certain plot, piece or parcel of land, with the buildi~'~_and improvements thereon erected, sit,u~e, lying and being'h,,~ at G reenport in the Town of~'ffuthold, County 'of Suffolk ano state of New York, bounded and described as follows:- BEGINNING at the corner formed by the intersection of northerly side of Champlin Place and the easterly line of Main Street; Running thence along the said easterly side of Main Street North 23° 41' 30" West 134.34 feet to a point in the said easterly side of Main Street where the same is intersected by the northerly line of the premises herein des- cribed and the southerly line of Straussner; Running thence north 73° 22' 50" East 160.65 feet along said division line to a point in the westerly line of the land now or formerly of Cisterino; Running thence along said land now or formerly of Cisterino South 23° 23' 40" East 134.37 feet to an iron pipe in the said northerly side of Champlin Place; Running thence along the said northerly side of Champlin Place South 73° 25' 00" West 159.56 feet to the aforesaid corner of Main Street and Champlin Place, the point and place of BEGINNING. 'I'OGIr. TIIER with all right, title and interest, if any, of the party of tile first part iu and to any streets and roads abutting the above described premises to the center lines thereof; TOGI.,~TIIE. R wieth the appnrtcoances and all the estate and rights of the party of the first part in and to said lJremises; 'FO IIAVE AND TO [ lOLl) the prenfises herein granled unto the party of the second part, the heirs or successors and assi§ns of the party of the second part forever. AND the party o[ the first part covenants that the party of t~he first part has not done or suffered anything wheroby the said prenfises have been cocumbered in any way whatever, except as aforesaid. AND the l~lrty of the first part, iii compliance with Section 13 of the Lien Law, covenants that the lx~rty of. ,the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for ~he purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part ot the total of the same for any other porpose. The w, ord "party" shall be constroed as if it read "parties" whenever the sense of this indeotnre so requires. IN WITNF. SS WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. b~i'ATE OF NEW YORK, COUNTY OF SM~FOLK ss, On the la'day of October, 1975 , ~fore me personally ~me MAlCOlM RACK~TT, to me known to be the individual d~cH~d in and who executed the foregoing ~nstrument, and a~nowledged that he executed the same. ~OTARY pUgLtC, STATE OF R~idin~ in SMII~tk Oo. ~t tt~ of ~R~intme~l My Comml~ion Expitee Matth STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me · personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YOR~OUNTY OF ss, 19 , before me On the , day of personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ex, ecuted the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally crane the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. TITLE NO. MALCOLM RACKETT TO G~ORG'R E~ SPANOS and ANGELIKI SPANOS NEWYORK ATICOR COMPANY SECTION BLOCK LOT COUNTY OR ]OWN Recorded Al Request of The Title Guarantee Company RETURN BY MAIL TO: F c, gtr ,'cF<' Attorney at Law 11~ Main Street Greenport, New York zip No. 11044 817.21 Ap;~ncltx F State Envircmmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Pr?ject Number /-/4-7.~ - 0<3 ~13/oool .-o This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Envir. onmental Conservation Law. , as lead agency, has determined that the proposed action described below will not have a significant effect on tt~e' environment and a Draft Environmental Impact Statement will not be prepared. · Conditioned Ne,gatlve D~c~aratlon: [] Yes I~No Description of Action: Location: ilnclude street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) SEQR Negative Declaration Page 2 ReasOns Supporting This Determination: (See 617.6(g) for requirements of this cletermination; see 617.6(h) for Conditioned Negative Declaration) If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. Fc~r Further Information: For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New Yeti< 12233-0001 ' - Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in whic~ the action will be principally located. .. Applicant (if any) Other involved agencies (if any) Southold Town Boa~ of Appeals -5- April 2, 1970 to the building. Would this be satisfactory? RUSSELL MUFF= Yes, X think so. THE CHA~2=N= This falls within the type of sign that the Board has approved in the past for giving directions to restaurants, motels, etc. This sign shall be subject to all the usual regu~ations governing signs in the Town of Southol~ THE C. HA~= Zs there anyone else present who wishes to speak for this application~ (Thcee was no response. ) THE CHAXRMANz Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect an off premises directional sign on the property of Malcolm po Racketto Letter of permission from the property owner is contained in the file. This sign shall be~,4ft, x 6ft. free standing ground sign adjacent to the builaing This sign shall read "Chappy's Restaurant, 2nd right." The Board finds that this is in i/ne with the Board's ~olicy for granting directional signs, and this sign is in the interest of the travelling public. On motion by Mr. G1111sple, seconded by Mr. Grigonis, it was RESOLVED David Eltazar, 1788 Roland Avenue, Wantagh, New York, be GRA~.~.~ permission to erect an off premises directional sign on property of Malcolm Po Rackett, corner of Main Street and ChamplinPlace, Greenport, New York, as applied for, subject to the following conditions, 1, The sign shall be no larger than 4 feet by 6 feet, tag permit required. 2. The sign shall read "Chappy's Restaurant, 2nd right." 3. The sign shall be located at least five feet from any Property line. 4. The sign shall be located at least three fdet above ground level. This sign shall be granted for a period of o~year, Zmnewable annually upon written application to the Board of Appeals. 1~00~D Go~r~¥ ~o~ (I~T~. March 19, 1993 Town of Southold Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Attention: Mr. Gerard P. Goehringer, Chairman Gentlemen: Re: Application No. 4143 - George & Angeliki Spanos In accordance with the request made at the hearing held on March 18, 1993, enclosed is a copy of the decision in Islip v. P.P.S. Marina, Inc. CRC:jme Enclosures Very truly yours, Charles R. Cuddy(/ .~EMORANDA, Second Dept., August, 1~ 81 '~nan~i~l circumstances of the r~specti'~e parties and in view of what we perceive to be the reasonable value of the services rendered (see, Domestic Relations Law § 237). In this regard, we note that the application for counsel fees submitted by the wife's attorney, wherein the sum of $150,000 was sought, tends to strain credulity. However, the Special Referee did not abuse her discretion by requiring the husband to pay the wife the sum of $5,000, representing his contribution toward the fees for the wife's expert witnesses. Accordingly, the judgment is modified by reducing the coun- sel fee award to the extent indicated. Thompson, J. P., Law- rence, Eiber and Spatt, JJ., concur. 20 Town OF ISLIP, Respondent, v P.B.S. MARINA, INC., et al., Appellants.--In an action to permanently enjoin the defen- dants from operating a marina in the community of Seaview, Fire Island, Town of Islip, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated May 4, 1987, which, after a nonjury trial, permanently enjoined them from operating the marina. Ordered that the judgment is reversed, on the law, with costs, and the action is dismissed. We find that the plaintiff failed to prove that there was a termination through discontinuance of the appellants' approx- imately 40-year, preexisting, nonconforming use of the subject property as a marina. Town of Islip Code § 68-15 (B) provides that "discontinuance of any nonconforming use for a period of one year or more terminates such non-conforming use of a * * * premises and thereafter said * * * premises shall not be used except in conformity with [the] provisions of this ordi- nance''. "Such a provision is deemed to supply as a matter of law the element of intent, so that discontinuance of the non- conforming use for such period, if reasonable in length, amounts to an abandonment of the use" (Village of Spencer- port v Webaco Oil Co., 33 AD2d 634; see, Baml Realty v State of New York, 35 AD2d 857; Matter of Daggett v Putnam, 40 AD2d 576; see also, Matter of Marzella v Munroe, 69 NY2d 967). However, "[a] discontinuance connotes a complete cessa- tion * * * so that a minimal nonconforming function, of itself, would not constitute an abandonment" (Baml Realty v State of New York, supra). Here, it is not disputed that the marina was fully used through 1983. After a contract of sale was signed, and while certain litigation was pending, the appel- lants leased one of the moorings to an attorney for the 133 APPELLATE DIVISION REI~TS, 2d SERIES Seaview Terminal Company, Inc., the predecessor owner of the subject property, for the years 1984 and 1985, and that at least twice during each of those seasons, he used the marina. Subsequently, the marina was used during the 1986 season. Thus, it cannot be said that there was a complete cessation of the use of the property as a marina, thereby resulting in a termination of a nonconforming use pursuant to Town of Islip Code § 68-15 (B). In light of our determination, the other issues raised by the appellants need not be reached by this court. Thompson, J. p., Lawrence, Eiber and Spatt, JJ., concur. 21 JAMES VOULO et al., Respondents, v ALLCITY INSURANCE COMPANY, Appellant, et al., Defendant.--In an action to re- cover damages for breach of a fire insurance policy, the defendant Allcity Insurance Company appeals from a judg- ment of the Supreme Court, Richmond County (Sangiorgio, J.), dated April 30, 1986, which, upon a jury verdict, is in favor of the plaintiffs and against it in the principal sum of $23,000. Ordered that the judgment is modified, on the law, by reducing the amount awarded to the plaintiff to the principal sum of $10,000; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for the entry of an appropriate amended judgment. This action was brought on a fire insurance policy, issued by the appellant to the plaintiffs, to recover the damages sus- tained by the plaintiffs as a result of fire in their house. The policy provided and the appellant set forth in its answer that the company should not be "liable for loss occurring (a) while the hazard is increased by any means within the control or knowledge of the insured". The policy also provided that the company's liability was limited to "the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality". The jury's determination that the appellant failed to prove a material increase in the risk of loss within the knowledge or control of the plaintitL~ was not against the weight of the evidence. There was no proof that the hazard was increased subse- quent to the issuance of the subject insurance policy or that the plaintiffs' storage of gasoline was not an ordinary use of their property. Therefore, that part of the verdict should not be set aside (see, Nazito v Holton, 96 AD2d 550). However, the only proof the plaintiffs submitted of the Southold Town Board of Appeals MAIN I~OAD-STATE: I~rlAD 25 SOUTHrlLD. L.I.. N.Y. 11.71 TELEPHONE {518) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3322 Application Dated January 8, ]985 TO: Dr. Joseph J. kizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant.! s) ] At a Meeting of the Zoning Board of Appeals held on May 2, 1985, the above appeal was considered, and the action indicated below was taken .on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [×] Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[6] _ [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30- (b)[6] and Article VI, Section lO0-60(B)[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1. (B-Light Business Zone) WHEREAS, a public hearing was held initially March 7, 1985 and was concluded on April ll, 1985 concerning the Matter of JOSEPH LIZEWSKi under Appeal No. 332~,~ and '~HEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and unti WHEREAS, there has been no opposition entered in the record 1 the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: up 1. The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982. 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office uses. 4. This is an application for a Special Exception by which applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO) DATED: May 17, 1985. CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Form ZB4 (rev..12/81) Page 2 Application No. 3322 Matter of JOSEPH LIZEWSKI (Special Decision Rendered May 2, 1985 Exception) 32 feet from the easterly side property line. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at 32 feet under Appeal No. 3350. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will promote the general purposes and intent of zoning since it is a permitted use. In passing upon this apP'licati~n, the board has also considered items (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on the Suffolk County Tax Map as District lO00,.Section 102, Block 02, Lot 12.1, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING: Modification of the-Si~ Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the 'Board: Douglass and Sawicki. of all the members. AYes: Messrs. Goehringer, Grigonis, Doyen, This resolution was adopted by unanimous vote lk i~'~R-A'RD P-~'~OEI~R~t'NGER, C~rI.RMAN May 17,. 1985 Southolcl Town Board of'Appeals MAIN I~OAD- STATE ROAD '~5 !~OUTHOLD. L,I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3350 Application Dated March 26, 1985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutch0gue, NY ]]935 [AppellanC(s)] At a Meeting of the Zoning Board of Appeals held on May 2, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-30(8)[6] Request for ' Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the ~oning Ordinance, Article III, Section lO0-30(B)[6] for permission to construct building for private membership with an insufficient setback from the easterly property line. Location of Property: North Side of Main Road and East Side of Depot Lane, Cut- chogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. WHEREAS, a public hearing was held and concluded on April ll, 1985 concerning the Matter of the Application of JOSEPH LIZEWSKI under Appeal No. 3350, and WHEREAS, the board members have personally viewed and are familiar witht he premises in question as well as its %urrounding area, and WHEREAS, the board entered into the record has considered all testimony and documentation concerning this application, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "B-Light Business" Zoning District pursuant to a change 9f zone granted by the Southold Tow Board March 9, 1982. 2. The proper{y in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane_173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelli.ng and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office DATED: May 17, 1985. Form ZB4 (r~v.. ih/81) (CONTINUED ON PAGE TWO) CHAIPJ~AN, SOUTHOLD TOh~N OF APPEALS ZONING BOARD Page 2 - Appeal No. 3350 Matter of JOSEPH LIZEWSKI Decision Rendered May 2, 1985 uses. 4. By this application, applicant proposes to construct a 44' by 66' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet, which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure. 5. Article III, Section clubs catering exclusively to the following requirements: 100-30(B)[6] permits annual membership members and their guests subject to (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line .... 6. It is the opinion of the board that the easterly sideyard has been established at 40 feet and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by,Section 100-30(B)[6], that the relief requested is minimal and is in harmony with the intent of the zoning ordinance. In considering this application, the board has determined that the relief as requested be granted since: (a) the relief is not substantial; (b) the relief will not be detrimental to adjoining properties; (c) the relief will not adversely affect the character of the district; (d) the practical difficulties are sufficient to warrant approval hereof; (e) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light"; (f) in view of the manner in which the difficulties arose, the interests of justice will best be served by allowing same, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Douglass and Sawicki. of all the members. lk Ayes: Messrs. Goehringer, Grigonis, Doyen, This resolution was adopted by unanimous vote May 17, 1985 Appellant has applied to this Board for a use variance to permit the construction of a professional office building on his property located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20,000 sq. ft. and has constructed thereon a 2-½ story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12.1 comprises 68,554 sq. ft. and has erected thereon a 1-½ story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-t General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13), the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory theretO. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-l" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return. The only dollars and cents evidence in the record is Appel- lant's statement that he paid $65,000.00 for the property and his conclusory statement that he has not made a profit from the property. The Town assessor's records indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. This board does believe that there is, however, a public for the type of facility proposed by the Appellant in the Hamlet ~ Cutchogue, and that perhaps the Town Board should consider the extension of the present "B-l" District to embrace Appellant's property. On motion by Mr. Grigonis , seconded by Mr. Goehringer, BE IT RESOLVED, is denied. for the reasons set forth herein, the variance Vote of the Board: Ayes: Messrs. Douglass, Goehringer,- Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island). This resolution was unanimously adopted. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2885 by application Dated September 14, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr., Esq. Joseph J. Lizewski, D.D.S. 1981 Appellant at a meeting of the Zoning Board of Appeals on December 5, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, ( ) 1981 Sec. 100-30 the appeal i. SP~D2L.~OE%:~/4~.~Fr,~l~~i:9~i~F-wv~~X~~on ( ) be granted ( ) be de.ed p~sua~ to Artic~ .................... Section .................... Subsection .................... para~aph .................... ~ th~ Zoning Ordinance and ~e decision o! ~e Building I~pector ( ) be reversed ( ) be ~Y.r~F~X~e~Fe~e Public Hearing held 10/15/81: Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical ~iifficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the charscter of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector , ) be confirmed ( ). (SEE REVERSE SIbE) CG: lk FORM ZB4 .: . '~_ :':: ~ . -. .. : ZONING BOARD I 2CE!X,:"ED AND FILED BY TEE ~Ou~.~C~D TOITN CLERK Town Clerk, To~ BOARD OF APPEALS, TOWN OFq©UTHOI.D In the Ma((er o~ the Petition of : George Spanos 8, Anqeliki Soanos : to the Board of Appeals of the Town nf qnu~hnld TO: NOTICE TO ADJACEiIT PROPERTY 09~N ER YOU ARE HEREBY GIVEN NOTICE: 1. That iT is the intention of the undersigned to petition the Board of Appeals of the Town of Southold [orequesta (Variancc)(SpeciaJ Exception) (Special Permit] (Other) [ci£cle choice] determination that the non-conformin9 use of the premises as a .qasoline service station. has not been abandoned, or, in the alternative to reinstate such non-conforming use 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows:~×iqtinO qi~rvir~ qt. at. inn nf i"nf~rc;rflnn n~ Mmln qfr~f mnH rhmm?in P}ace 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That h'~ such Petition, the undersigned will request the following relief: ,SPP (1) nhnv~ 5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the unoer- signed are Article XXTV Sect/on !00-24! [ ] Section 280-A, New York Town Law for approval of access over right(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 may then and there examine the same during regular office hours. (516) 765-;809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matdmck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October 9 , 1992 . Georqe Spanos & Anoeliki SDanos Petitioner ~'~/ '---~.---'ff--~-z ~v e Owners 'Flames(~ ~.~ Post Office Address ~ ~ ~ ' ~ 685 Dai? Rnad Hattituck, NY Te~. ~o. ( ) [Copy of sketch purposes.] or plan showing proposal to be at-~t~c.h~ed f~r convenience Straussner, M.F. Estate Cisterino, CamiIo & Wife PROOF OF MA I Ib~C, OF NOTICE ATT,?~C,~ CERTIFZED :~A£E i<ECEZi~TS ADDRESS c/o Antone A. Straussner 1111 Main Street Greenport, New York 11944 324 Champlin Place Greenport, New York 11944 STATE OF NEW YORK I COUNTY OF SUFFOLK) SS.: Ellen C]ark ,rcsidingat 4 Paine Comrnnn~; Vnphanl~. Nnu~ Vn~L, , being duly sworn, deposes and says that on the 4t,h day of December , ] 9 q? , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at thc addresses set opposite their rcspecti~'e . names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on ' the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead. NY ; that said Notices were mailed to each of said persons by (certified) (~Re~Kfl) mail. Sworn to before me this 4th day of _ Dec. CHARLES R. CUDOY Notary Public, State of NewYodl; No. 5872225 Qualified in Suffolk Co~IIty CommiRsion ExpireS Decemb~ 31.1992 (This side does not have to be completed on form transmitted to adjoining property owners.) .: TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK In the Matter of the Application of : GEORGE and ANGELIKI 8PANOS for a : Pre-existing Certificate of Occupancy : STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS.: WILLIAM GRODSKI being duly sworn, deposes and says that: (1) I reside at ~0 Carpenter Street, Greenport, New York, and have been a resident of the Town of Southold for more than ten (10) years. (2) I am familiar with the gasoline service and repair station operated by George Spanos located at the intersection of Main Street and Champlin Place, Greenport, New York. (3) Both prior to and after 1990 I purchased various products from the Spanos service station including oil and miscellaneous automotive products. Based on my personal experience these are products normally sold at gasoline service stations and in particular were sold prior to 1990 and continue to be sold through this date at the Spanos service station. (4) I make this affidavit knowing that it will be relied upon by the Southold Town Zoning Board of Appeals. Dated: March 16, 1993 ~ ~ (S~ignature) v %_ Sworn to before me this /~ day of March 1993. N6tary Publi~ lPage No. of Bid ~90-062 RRVI$ION tl Fenlerj & Nicol Co. Inc. 445 Brook Avenue · Deer Park, New York 11729 · (516) 586-4900 PROPOSAL SUBMITTED TO Ge,:,r ge Spanc, s STREET lit:: Main Street PHONE ~ DATE ~477-0572 ebruary 12, 1990 JOB NAME Private Exxon CITY, STATE AND ZIP CODE JOe LOCATION Greenport, New York 11'344 100 Main Street ARCHITECT JOB PHONE We hereby submit specifications and estimates for: I. Greenport, New York Provide enqineerinq Services, one (1) test boring, register tanks and secure permits with the Suffolk County Department of Health Services and Tc, wn of Sou.thold. ~ ~L~ II. Excavate, remove, and legal!y dispose of three (3) 8,000 gallon undergrc, und tanks and associated piping, existing pumps, and wiring~ Furnish and install two (2) 8,000 gallon and one (1)2,500 gallon fiberglass dc, uble wall taoks with the ~oll~,wing: 1. Tc, tal Containment piping sumps and containment piping. 2. Electro-Level sump, annular space and overfill alarm systeml 3. Split installation (pea gravel/clean sand), filter fabric as per tank manufacturers installation instructions. 4~ Suffc,]k C_:,.tnty approved manholes~ 5. Concrete t,"p mat to extend min..one (1) foot beyond edge c,f tartks in a)1 directic, ns. 6. All o--,nduit and wiring required to complete 3ob. 7. FRP (f~berglass) primary and underground vent piping. ]~' ~j~t'il~I]aI~ hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: dollars ($ ). Payment to be made as follows: J r eptaare a! lrepaaa[ --The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: / W~ll~a~,t Ma~scb~.c. Bield Supervisor mole: This proposa~ may oe withdrawn by us if .or accepted within 6 0 , Bid f90-062 Revision 445 Brook Avenue · Deer Park, New York 11729 * (516) 586-4900 PROPOSAL SUBMITTED TO PHONE ~ DATE George Spanos Service Station #477-t3,~7~=* ~ ] March 1, i990 STREET Joa NA.E 1100 Main Street Private Exxon c~, ST^TE ANe Z~P COOE J0a Greenport, New York 115'77 1100 Main Street ARCHITECT DATE We hereby submit specifications and estimates for: OF PLANS IV. Restore concrete ai~d asPhalt JOB PHONE Greenport, New York distUrbed to match e×£S~inq, , See at'tached Standard Tank Notes. - Fire Suppression not included buy may be required by the Town of Southoldl - All e..cess¥ fill to be. left on site. - 8,000 gallon tanks in lieu of 10,000 gallon tanks, Credit: $ 2~568.00 hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: Pa~,rqp~,t t be made as follows: dollars ($ o0% ~pon Signed Contract/Order Equipment; 30% Upon Start; 30% Upon Testing Tanks; Balance Upon Completion w~Z~am ~s~ha~ Fjord Super. Note: This proposa~ may be ~0 withdrawn by us il nut accepted within Ar eptaare of Ir, pasa!_The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined ab<we. Date of Accepfance: days. Signature Signature SUFFOLK COUNTY OEPT: OF:HEALTH SERVICES -- APPLICATION -- PERMIT TO CONSTRUCT. ABOVE/UNDERGROUND TOXIC/HAZARDOUS LIQUID STORAGE TANK SYSTEM ANO ORUM STORAGE FACILITIES PROPOSED STORAGE F-]AeOVE GROUND TANK [] UNDERGROUND TANK SYSTEM IS: []DRUM/BULK STORAGE r-1 OTHER (SPECIFY- OFFICAL USE ONLY REQU'O FEE OATE FWO. ) LO. COOE FACILITY NAME r.~ ~" F ~ z/~20/e ?- ADORESS OF PROJECT , //~O--~4/~ ~ ~ _ (NO.) (STREET) ( CI TY~ (STATE (ZIP) TAX MAP N~ SECTION BLOCK LOT FACILITY OWNER , ~(/~'~,e ~'- OWNER'S ADORESS ~ ~ , (NOJ (STREET~ (STATE PERSON TO. CONTACT FOR THIS PROJECT ~E~: ADORESS IF DIFFERENT FROU FACILITY O~NER //// ~ //~ //73J-' BRIEFLY DESCRIBE PROJECT: I CERTIFY THAT ALL INFORMATION SUPPLIED HEREON AND ATTACHED HERETO IS TRUE OFFICAL USE ONLY THIS APPLICATION WITH ATTACHED PLA~S AND REPORTS HAS SEEN. REYIEWED/,d, NI] A~,PJIOVED, FOR I'I./'.NNIXG B()ARI) MEMIU~F. 5; (;c'~,l~e RIIchlc I ;lib;un, .Il' Richard (] Ward Mink S McD. nahl Kc[mcdl [, I~tl~:lrtln Iclcph~,ne 1716) 765- 1938 PLANNING BOARD OFFICE TOWN OF SOUTIIOLD SCO'UF L. HARRIS Supervisor T. wn Ilall, 53095 Mare R,)ad P.O Box 1179 Soulhold, New Yolk 11971 Fax 15161 765-1823 May 15, 1992 Frank Nealon Permit Research & Environmental Consultants, Inc. 1108 Route 110 Farmingdale, New York 11735 Re: Spanos Repair Station N/E corner of Main Street & Champlin Place, Greenport Zoning District: Low Density Residential (R-40) SCTM# 1000-34-3-22 Dear Mr. Nealon: The Planning Board has received your letter of May 8, 1992, and application for a site plan for the above referenced project. The previous non-conforming use of gasoline sales has been discontinued for more than two years.. Exxon Corporation ]las confirmed that the tanks were removed on May 14, 1990. According to the Town Code, Section 100-242 G., "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years ...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." There is no variance on record to restart this non-conforming use. Accordingly; the Planning Board cannot proceed with the processing of your application. Please let us know wi]at course of action you intend to pursue. you have any questions, or require further information, ease contact this office. cc. Very truly yours, Bennett Orlowski, Jr. Chairman Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman Zoning Board of Appeals TOWN OF SOU1tIOLD 22010 05/31/90 READ REvI:RSE sIDE RECEIVER OF TAXES 4?3889 ROLL SEC : 432 ACRES: .50 HAIN ST CLOSED ^IL H G'\I HOIII'^¥S lgSg'lggo TAX LEYY I NAME AND ADDRESS OF OWNER SPANO$ GEORGE E M 288.55 546.66 1,869.10 91.41 2,195.78 69.89 2,865.67 2,865.67 DUPLicATE MAK~ ALL TOWN OF SOUI'HOLD Fu.~)s GEORGE R. SULLIVAN CLOSED ALL LEGAL HOLIDAYS 1990'1991 TAX LEVY RECEIVER OF TAXES 516-765-1803 TAXES BECOME A LIEN ON BILL NO.-- VET EXEMPT /~GED EXEMPT OTH EXEMPT CODE SCHCOL DlSi RIOT . ,,~IS : /..7.S?,8'~ ROLL S:C : 'iL :: /~32 ACRES: .~i' t~ A ! N S l NAME AND ADDRESS OF OWNER ;r~NOS GEORG-~ E ',1 ~1 ~'~ DAISY ~D TAXABLE VALUE COUNTY S. · ',.:'~ ', TOWN ~ · :' '~() OTHER TOTAL TAX PENALTY TOTAL TAXES 6Z5.18 98.38 75.48 3,094.79 RECEIPT NO. 9117 RECEIVED PAYMENT-SECOND HALF OR TOTAL TAX DATE PAID AMOUI~F PAID 05/31/91 3,094.79 Notice Fee $1.00 RECEIPT NO RECEIVED PAYMENT-FIRST HALF TAX DATE PAID AMOUNT PAID PLEASE READ REVERSE SIDE TRIPUCATE 1.0 GENERAL NO'D~S: 3,0 2,2 2,2.3 2.2 4 228 TANK NOTES: DISPENSERS; 2.2,3.1 ONE tlt MULTI BLEND DISPENSER. 2.2,3.2 ONE 1 DUAL DISPENSER. FIRE SUPPRESSION: SEE NOTES ON SHEET 5 OF 5 TANK & A~SOCIATED MATERIALS: 3.2 1 3,2.1..3 PIPING SUMPS AS MPG BY TOTAL CONTAINMENT, (OR EQUIVALENT). 3.3 TESTING OF UNDERGROUND GASOLINE TANKS: 3.3.1 pETROTITE TEST ALL TANKS, 3,3,2 AIR PRESSURE TERT AT GASOLINE TANKS PRIOR TO INSTALLATION AS PER MANUFACTURERS INSTALLATION INSTRUCTIONS, 3,4 MISCELLANEOUS TANK NOTES: 3.¢,1 PRODUCT PUMPS TO BE TWO (2) 3/4 HP RED JACKET SUBMERSIBLE PUMPS WITH UNK LEAK DETECTION, MANUFACTURED IBY RED JACKET PUMPS, 5800 FOXRIDGE DR~/E, MISSION IKABSAS 66202 (GASOLINE TANKS ONLY) 4 0 PIPING NOTES: 4.1.1 4,1.2 4,1,3 4.1,4 4,1,5 44 PIPING MATERIAL FO BE: 42,1 FPP PIPING AS MFG BY AMERON, DUALOY 3000/L 4 2,2 FLEXIBLE CONNECTORS AS MFG BY TITEFLEX INDUSTRIAL PRODUCTS GROUP TESTING: 43.1 THE PIPING SYSTEM SMALL BE CNECKED FOR LEAKS BY PRESSURIZING THE PIPING UNDER PRESSURE AND SOAPING ALL JOINTS, 4,3,1,1 THE p'IPJNG MUST BE DISCONNECTED FROM THE TAN~K PRIOR TO PERFORMING THIS TEST 4.3.1.2 PRIMARY PRODUCT PIP]NB TO BE PRESSURED TO 50 PSI, AND SECONDARY CONTAINMENT PIPING TO RE PRESSURED TO 5 PSI, BOTH TESTS ARE TO BE PERFORMED FOR A DURATION OF 30 M~NUTES, PRODUCT LINES: 2'e S,W. F/G PRIMARY PRODUCT LINE INSIDE 3'~ TOTAL CONTAINMENT TO TERMINATE AT PIPING SUMPS AND DISPENSERS WITH 2"~ FLEXIBLE CONNECTORS. 4.5 VENT LINE PIPING' 5.0 MISCELLANEOUS MATERIAL NOTES: 6,0 5,1 FANBS TO BE CONCR~'TE (.3SOD PSI O ZB DAYS), REINFORCED 6 X 6-10/10 WiTH VAPOR RECOVERY, STAGE II INSTALLATION: 7,0 ELECTRICAL INSTALLATIONS: S.O CONTRACTOR(S) NOTES: 8,1 RESPONSIBILITIES: 8.1.1 8.1.2 8.1.3 CONTRACTOR SHALL EXAMINE THE SI~E LOCATION AND VERIFY ALL EXISTING UNDERGROUND TANKS AND CONNECTING PIPING PRIOR TO TIME OF PROPOSED WORK. THE CONTRACTOR SHALL BE SOLELY AND DIRECTLY RESPONSIBLE TO THE OWNER AND OPERATORS OF SUCH PROPER'RES FOR ANY DAMAGE, INJURY, EXPENSE, LOSS, INCONVENIENCE, DELAY. SU~TS, ACTIONS, OR CLNMS OF ANY C~',RACTER STEMMING FROM THE CONSTRUCTION OPERATIONS UNDER THIS CONTRACT, NErTHER THE OWNER, OFFICERS OR AGENTS OF THE BUSINESS SHALL BE RESPONSIBLE TO THE CONTRACTOR FOR DAMAGES AS A RESULT OF THE CONTRACTOR'S FAILURE TO PROTECT UTILITIES ENCOUNTERED IN THE COURSE OF PERFORMING WORK WHERE THE CONTRACTOR'S OPERATIONS COULD CAUSE DAMAGE OR INCONVENIENCE TO WATER, FIRE PROTECTION SYSTEMS, 8.2 UNDERGROUND UTILITIES: THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY PIPES~ CONDUITS OR STRUCTURES SHOWN ON THESE PLANS ARE OBTAINED BY A SEARCH OF THE 6.3 EXCAVA~ON SAPE1Y: 8,4 THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR MAKING THE EXCAVATION IN A SAFE MANNER, PROVIDE APPROPRIATE MEASURES TO RETAIN EXCAVATION SIDE SLOPES TO ENSURE THAT WORKERS IN OR NEAR THE EXCAVATION ARE PROTECTED, CONSTRUCTION FENCING SHALL BE FURNISHED TO PROTECT THE EXCAVATION. 832 SHORING, SHEETING, BRACING, AND SLOPING: B,3 2.1 CONTRACTOR TO BE RESPONSIBLE FOR PROVING ALL NECESSARY SHORING DESIGN. CALCULATIONS AND DETAILS, AS PER OSHA, 29 CFR CH. XI[. 842 PROCEDURE AND LIMITS THE CONTRACTOR SHALL EXCAVATE WITH EXTREME CARE BY HAND iN THE AREA OF PROBABLE UTILI~ LOCATIONS. ALL UTILITIES ENCOUNTERED SHALL BE DEEMED ACTIVE AND SHALL BE SUITABLE PROTECTED BY THE CONTRACTOR, THE CONTRACTOR SHALL IMMEDIATELY REPAIR EXISTING UTILITIES WHICH ARE TO REMAIN AND THAT ARE DAMAGED BY THE CONTRACTOR'S OPERATIONS SUCH REPAIRS SHALL BE MADE BY QUALIFIED PERSONNEL WITH NEW MATERIALS USING MEFHODS WHICH ARE B 5 DISPOSAL OF EXCESS AND UNSUITABLE EXCALATION MATERIALS' DISPOSE OF AIL EXCESS AND UNSUITARLE EXCAVATED MATERIAL, NOT 9,O SITE DATA~ g 1 OWNER/OPERATOR: GEORGE SPANOS 1100 MAIN STREET GREENPOET, BY 11944 9.2 CONTACT PERSON, GEORGE SPANOS ]EL ~ (516) 477-0572 9,3 DEPTH TO GROUND WAT[R~-' LOCATION: ON sni[ DEPTH TO GROUND W~R: 10,75' DEPTH TO GROUNOWA'r[R MEASURED BY PERMIT RESEARCH & ENVIRONMENTAL CONSULTANTS SENIOR HYDROGEOLOG~T PAUL TROY ON JANUARY 30, 1992 DRAWING INDEX 1 GENiaL NOTES AND SPECIFICATIONS .3 TAN~ DETAILS 4 cANd~ MODIFICATIONS FOR FiRE SAFETY 5 FIRE [~UP?RESSION 'epresentitive of the existing s~te conditions, per ',he ~nformotion supplied. These drawings also n whole or in par[. os defined by the drowlng APPROVAL STAMPS 9200.36 I OFS )IMENSION NEW "U" BUMPER DETAIL -3'(~'P.) NO SMOKING SIGN LEGEND pROpERTf UNE ~ CUTOUT ® CO FILL PORT LENGEND-COLORS KEY MAP N.T.S. NOTE "A~ LOCATION ~OF DISPENSERS AND PIPING SHALL BE SUCH THAT THE EXCAVATION SHALL HAVE NO EFFECT ON THE FOOTINGS AND SUPPORTS, FOR THE EXTENDED BUILDING CANOPY OVER THE ISLAND, CONTRACTOR TO VERIFY LOCATION OF CANOPY SUPPORT FOOTINGS DURING THE EXCAVATION AS WELL AS ANY OTHER FOOTINGS/ FOUNDATIONS NOT SHOWN THAT ARE UNCOVERED DURING THE EXCAVATION. CONTRACTOR TO MAINTAIN ADEQUATE CLEARANCES TO AVOID MOVEMENT OF ANY FOOTINGS, E"C. NOTE THE CBNTRAC1OB SI&ALL MAINTAIN ALL EX~STING NONITORINO WELLS DURING CONSTRUCTION. ANY MONfTORING WELLS DAMAGED DURING CONSTRUCTION SHALL BE REPAIRED OR REPtJ~CED BY CONTRACTOR, APPROVAL STAk4PS (TfPICAL) TRIPLE C L.t.,~ PED OYPICAL) o Oo o 0 0 o o ° o GO C)0 o o ° 00 © o00 DEADMAN ANCHOR DETAIL GENERAL NOTES: GUIDeS]THE CONTRACTOR SHALL OBTAIN WRffrEN PERMISSION FROM THE TANK BACKFIU'. pArAGRAPHS (a) THROUGH (C). PARTIAL END VIEW o o (2) PER TKNK (TYP) 2' ~i S ¢¢FT/j PRODUCT LIN~f~ CONDUIT FLEXIBLE CONNECTOR SECTION A-A N.T S MPD DISPENSER DISPENSER PIPE DETAIL -\ N.T.S. NON-CONTAiNED PiPE EXITS ?~¢~%g~.T~,¢, J~ t'' ~5[, °~ ,!-~ CONDU T EXITS DIESEL DISPENSEFI SUMP DETAIL INSTALLATIONS @ PiPiNG SUMPS ~ BEDDING M^TERI~L SH&LL BE PER I AND LOCAL CODES (SEE NOTE 12" MIN. 2' ¢ S,W,F G LINE VAPOR R£[O(VE Ry TO T_ANK GRADE TOP OF PIPE SIDE VIEW DOUBLE WALL FIBERGLASS TANK DETAIL (SEE sr~ TRENCH WIDTH PIPING TRENCH DETAIL NOT TO SCALE 10 THE TRENCH WIDTH SHOULD OPTJMALLY AUOW SIX ~NCHES BETWEEN TRENCH WALL(S) AND PIPE(S) FOR MULTIPLE UNES IN THE SAME TRENCH, SEPARATE THE PIPES PER THE MANUFACTURERS INSTALLATION INSTRUCTIONS, IF NO SPACING DIMENSIONS EXIST, THE SPACING SHALL BE ~" MINIMUM, 20 THE PIPE(S) SHOULD BE COMPLETELY SURROUNDED WITH SELECT BACKFILL, NATIVE SOILS SHOULD NEVER BE USED A~ BACKFILL (SEE SrE PLAN) BACKFILL MATERIAL. SEE BACKFqLL REQUIREMENTS NOTES 1 0 AND 2.0 117 PARTIAL ~,IDE ¥1l*~ul/ PIPE GASKET WASHER NUT STEEL CLAMP \'1 PRIMARY P~ODUCT LJNE ~CURVED _B U LK H ~_~A_D NTS, COMPRESSION NUT FLAT BULKHEAD NTS, SUMP BULKHEAD PENETRATION DETAIl q INSTALLATIONS @ PiPiNG &: DISPENSER SUMPS NOTE: REF. MFC INSTRUCTIONS FOR INSTALLATION < ~ -z 920056 Sot 5