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HomeMy WebLinkAbout4344 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE ADOPTED: November 8~ 1995 APPL. #4344. APPLICANT: AMAC~ INC. (SUKRU ILGIN) I,OCATION OF PROPERTY: 7400 Main Road, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 122, BLOCK 7, LOT 1. BASIS OF REQUEST: ZBA Conditions No. 3 and 4 of ZBA determination of March 25~ 1992 under Appl. #4074 which restricted interior building entrance. PROVISIONS APPEALED: Article X, Section 100-102 #4074 adopted 3/25/92 pertaining to accessory use and size of lot. RELIEF REQUESTED: To allow removal of counter barrier between customer area and cashier which was restricted under Appl. #4074. MOTION MADE BY: Lydia Totters SECONDED BY Serge Doyen, Jr. ACTION/RESOLUTION ADOPTED: Granted with the following conditions: (a) unlock rear door while building is in operation and encourage use of rear door by customers as often as possible; (b) all parking must bo utilized by customers on-site, including the easterly parking area; (e) existing "no parking" sign in front of building must remain. REASONS/FINDINGS: Present outside parking for customers interested in purchasing items sold inside of building is not feasible when customers leave their cars at gasoline pumps and walk around to easterly side of building. Same opportunity for other gasoline/covenlence sales businesses was not available to this business with present restrictions as is normally made available for other business operations of this nature. No other alternative is available. The testimony submitted and personal observations made since its opening find the former restrictions truly creating difficulties in attempts to properly stand, park, and maneuver vehicles while customers left their cars to go inside. VOTE OF TIlE BOARD: Ayes: Serge J. Doyen, Jr. Robert A. Villa Richard A. Wilton Gerard P. Goehringer, Chairman. (Member James Dinlzio, Jr. was in favor of granting the relief requested, however he was opposed to the additional restrictions placed in ~is-~ao}tfflJon as offered and seconded. ) This resolution was una~imous~ly adOpte¢~/ ~/~ SOUTHOLD TOWN BOAllD O~ APPSALg Gerard P. Goehringer, Chairman APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS 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 at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold TowI~ Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, OCTOBER 11, 1995 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4336 NANCY DOUGLASS) requesting a 100-32, based upon the August 16, 1995 BuiJding In-qpector for construction of insufficient front and rear yard setbacks. PEGGY HELLER (Owner of Proper.eM: Val~ance under Article III, Section Notice of Disapproval from the a one-family dwelling with Property location: 1145 Majors Pond Road, Orient; County Tax Map Parcel No. 1000-26-2-39.1; also known as Lot 3 on the Map of Willow Terrace Farms, IOC., Sllffo[k Counter File No. 9572. Zone: R-80 Residential. 2. 7:35 p.m. Appl. No. 4338 WILLIAM J. WAGNER requesting a Variance under Article XiEI, Section 100-205.1, based upon the June 16, 1995 Notice of Disapproval from the Building Inspector. l'or placement of of a freestanding sign, as built, similar to former preexisting sign in this Page 2 of 5 - Legal Notice 11eg~lla,- Meeting of October 11, 1995 Southold Town Board of Appeals 1t-40 Zone District. This sign is accessory to a nonconforming use established at the premises for sales of antiques in conjunction with owner's residency. Location of Property: 7130 M~in 1load, WAst Marion; County Tax Map Parcel No. 1000-31-6-6. 3. 7:40 p.m. Appl. No. 4339 - GINA MAXWELL requesting a Variance under Article IIIA, Section 100-30A.4, for permission to locate accessory storage shed in the required rear yard and partly h~ the side yard, as built and re-located from the former frentyard location, and Article III, Section 100-31B(3B) for an increase of 96 sq. ft. lot (:overage. Property location: 170 Orchard St. (fomer f'~re house building), Orie. n.t; County Tax Map Parcel No. 1000-25-3-3.1. 4. 7:42 p.m. Appl. No. 4342 - GEO11GE and CA11OL KRAEBEL requesting a Variance under Article III. A, Section 100-30A.3 for permission to locate new dwelling with reduced setback from the westerly property line which encompasses a private right-of-way easement. Property location: 7285 Pecenic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-10-1.5. 11-40 Zone District. 5. 7:45 p.m. Appl. No. 4340 JOSEPH AND SUSAN GRiLLO reques*ing a Variance under Article XXIII, Section 100-231 for permi-~sion to extend height of a portion of proposed fence from 4 ft. to 6 ft. along the easterly edge of the applicant's land used as a private right-of-way, and the southerly end near the entrance onto Peconic Bay Boulevard for a Page 3 of 5 - Leg~al ~tice Regular Meeting of October 11, 1995 Southold Town Board of AppeaLs height of four feet, which will not conform to Section 100-232B which states that the required height shall not exceed 2.5 feet above the average street level within an isosceles triangle having 30 fi. sides along each corner to preserve sight lines for traffic. Property Location: N/s Peeonic Bay Boulevard known as 365 Mesrobian Dr. (Private Right-of-Way), Laurel; County Tax Map Parcel No. 1000-145-4-12.1. 6. 7:50 p.m. Appl. No. 4341 - JERAD MOTEL COI{P. (a/k/a SUNSET MOTEL) requesting a Variance under Article XXIV, Section 100-243A & B, based upon the September 7, 1995 Notice of Disappv,val issued by the Building Inspector, for permission to reestablish prcex~.[ing aonconforming efficiency apartments use in the existing footprint ~f this preexisting nonconforming building, portions of which were recently damaged by fire. The property contains a nonconforming lot size of tess than five acres and is located in the [{R Resort-Residential Zone. Properly location: 62005 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-1-1. 7. 8:00 p.m. Appl. No. 4343 - HENRY and LINDA STEFFENS requesting a Variance under Article IIIA, Section 100L30A.3 and Article XXIII, Section 100-239.4B based upon the September 14, 1995 Notice of Disapproval issued by the Building Inspector, for permission to construct alteration and addition to existing dwelling, wlfich is pcoposed a reduction in the side yard and bulkhead setbacks. Location of Pr~perty: 4522 Great Pecomic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-4-19. l~age 4 of 5 - Legal e Regular Meeting of October 11, 1995 Southold Town Board of Appeals 8. 8:05 p.m. Appl. No. 4344 - BERNARD FISHER requesting a variance under Article III, Section 100-32, based upon the September. 18, 1995 Notice of Disapproval issued by the Building inspector, for permission to lo~-~te proposed dwelling with reduced side yal~ds on thl.q 2.96+- acre parcei, which parcel Avenue, and identification: 1000-114-12-4. Suffolk Avenue). cont~in.~ a nonconforming lot width of 61.78 along New Suffolk slightly wider at the building setback line. Property 520 New Suffolk Avenue, Mattituck; County Parcel No. Zone: R-80 (abut~n~ R-40 and HB Zones alon~ New 9. 8:10 p.m. Appl. No. 4344 - AMAC, iNC. (SUKRU ILGIN) requesting a Va_~-nce for relief of Conditions No. 3 and 4 of ZBA Determln~tion rendered March 25, 1992 u~der Appl- No. 4074 which Conditions re~d as follow: There shal! be only one entrfmce for the convenience store area, that being located only at the east side of the existing bui]dlng; and There shall be Ilo entrance way between the gasoline sales area of the building to the convenience store Property is established as a gasoline service station with convenience sales. Loc~tion of Property: 7400 Main Road, (Laurel School District); County Parcel No. 100o-122-7-1. B-General Business. accessory Mat~tuck Zone: ,.Page 5 of 5 - Legal~il~tice Regular Meeting of October 11, 1995 $outhold Town Board of Appeals not hesitate to call 765-1809 or visit our Dated: September 25, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By r,inda Kowal.~k/ X X FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE . SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ....~. ?.C.' 5 .-~...~3,~%.....~..h,--... 19 .B.I. for permit to ~ ~" ' '%" ~ ~'~' '~- ~ ~.~..~ ...... at Location of Property .. ~.~ .... ~.~.. ~&. .~~ ~ou~ ~o. ' ......... ~r ...................... County Tax Map No. I000 Section .. J. ~ ~ ...... Block .... ~ ~ ...... Lot .. ~. J ......... Subdivision ................. Filed Map No ................. ~ot No .................. is returned herewith and disapproved on the following grounds. ~ ~.~. ~.~ 7.~ ~ ~l ~ ~:~-,-~%~. ~..~-~ .,.~.: ~ ~.~ .~..9~-~ ~. ~. ,... . . ~.~.~ ~.~ .... Building Inspecto~ RV 1/80 TOWN OF SOUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (w~)...G...A..R...R..E..T..T.....A..,....S..II~ANG.,,..AR.CjflLT. E~i, ........... .iZ3D...l~.q.~.~.~,~.~....~.~,;r.e~.L ................. Name of Appellant Street and Number Southold Municipality ............................ HEREBY APPEAL TO 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) .... -g-A~..~£ T--I.-A ~...~.I.R&RQ ....~R~.[i £.~ ifA~iN ~ Nome of Applicant for permit of IZ30 Traveler Street. Sour . ....... · ........ ........... Street and Number Municipality ..... PERMIT TO USE State PERMIT FOR OCCUPANCY Permit to Alter ,. LOCATION OF THE PROPERTY ~Z~4.~Q~t~J`~.~d~.~uz~J~-~Y~j'~J~'.~n~.~e s s Street /Hamlet / Use District on Zoning Mop District lO00 Section ]22Block O%Ot 01 ~ - ...................................................... l, urrelll; Owner Sukru Ilgin Map No. 'Lot No. ' .... Prior Owner 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article X Sec~i0n 100-102 3. TYPE OF APPEAL Appeal is made herewi(h for (please check appropriate box) ( ) A VARIANCE to the ZOning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (x) Relief fro ~ ~ . y 4. PREVIOUS APPEAL A previous appeal (has) ~R~t~xbeen made with respect to this decision of the Building Inspector or with respect to this property. · Such appeal was ( ) request for a special permit Ix ) request for a variance and was mad? in Appea! No ........ .4D.7.4-. ............. Dated ..-A. pz..LJ....].g.,....[~.~..2.. .................................. REASON FOR APPEAL ~ ( ) A Variance to Section 2BOA Subsection 3 ( ) A Variance to the Zoning Ordinance (x) Relief from Conditions 3 and 4 of Variance #4074 is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saRHAROSHIPbecause strict adherence to Conditions 3 and 4 oF Variance #4074 have caused £naccess£billty to the retail sales area, resulting in inconvenient access to the convenience store area. T hi~ has consequently resulted in inadequate use oF the convenience store and the loss of business of gasol£ne sales. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because conditions pl. aced on this use are unique to this property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because rel£ef requested is relative to £nter£or access only. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature Garrett A. Strong, Architect Sworn to this ................ .1.~.f.H ..................... day of ...... ~,~p4.embe_~ ............................. 19 95 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of AMAC, INC. CONFIRMATION OF POSTING I, , residing at being duly sworn, depose and say: That on the day of , 1995, I personally posted the property known as "7400 Main Road, Laurel, NY" by placing the Town's offieia! poster Notice on the front portion of the property facing Main Road where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held October 11, 1995.) Dated: October , 1995. (signature) ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 36]8 Application Dated February ]9, ]987 TO: Andrew E. Go0da]e, Esq. as Attorney for SUKRU~iLGIN Main Road, Box 15A Mattituck, NY 11952 & OTHERS [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held.on A ~?~_~, the above appeal was considered, and the action lndicate~F~low 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 Request for Variance to the Zoning Ordinance Article ¥! , Section ]00-62 [ ] Request for Application of SUKRU ILGtN AND MINE PEKSEN d/b/a OCEAN HOLDING CORP. for a Variance to the Zoning Ordinance, Article VI, Section -I-0-0-~-~2 for permission to operate convenience store in addition to existing §asoline service station uses at 7400 Main Road, Laurel, NY; County ?ax Map District lO00, Section 122, Block 7, Lot O1. WHEREAS, a public hearing was held and concluded on April 2, 1987.in the Matter of the Application of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN H~.L~I'NG CORP. under Appeal No. 3618;-and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a variance under the Provisions of Article VI, Section 100-62, (which requires a minimum lot area of one acre for a shopping center), in order to establish a "convenience store" for the on-premises sales of packaged food and non-food items (without food preparation or on-premises food services), in conjunction with the existing gasoline-service station use. 2. The premises in question is a described parcel of land located in the "B-l" General Business Zoning District, containing a total lot area of 11,984 sq. ft. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing (CONTINUED ON' PAGE_TWg~ DATED: April 23, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS P/~age 2 - Appeal No. 3618 Matter of SUKRU ILGIN AND OTHERS Decision Ren--~-~e~ April~3~ ~ pumps; (b) gasoline station office and two-bays, all as shown on survey prepared February 13, 1987 by Peconic Surveyors & Engineers, P.C. 4. The area to be used for the "convenience store" is at the southerly half of the existing structure of a size 27.6 ft. x 28.9 ft. The most northerly half will continue to be used as a gasoline-station office area. 5. The consensus of the Board is ~o permit the estab- lishment of a "convenience store" in the southerly half of the existing structure to be used accessory and incidental to the gasoline-service station use, and not as a separate principal business use. It shall be under~tood that only one exterior entranceway shall be permitted at the west side of the existing building which is presently for the gasoline- station office area, and a second entranceway which the owner finds necessary shall be located only at the east side of the existing building. The minimum eight parking spaces must remain open and unobstructed at all times to allow safe and convenient parking for customers. 6. It is noted for the record that a site-plan applica- tion is presently pending before the Southold Town Planning Board, and Certificate of Occupancy ~Zl0810 was issued by the Southold Town Building Department on December 9, 1981 to Peter J. Warren and Linda L. Ryan (predecessors in title) for a gas service station. 7. It is also understood that the existing vehicle lifts and vehicle-repair areas will be eliminated and replaced with this accessory "convenience store" use. In considering this application, the board also finds and determines: (al that the use as proposed is consistent with and will promote the general purposes of the zoning code and maps; (b) the circumstances of the property are unique; (c) there will not be a substantial change in the essential character of the neighborhood; (d) there is no other method feasible for appellants to pursue other than a variance; (el the relief requested is substantial in relation to the require- ments; (fl the relief as conditionally granted will not prevent the orderly and reasonable use of this district or adjacent use districts; (gl the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Messrs. Douglass and Goehringer, it was RESOLVED, to GRANT a Variance under the Provisions of Article VI, Secti~O-62 for the establishment of a "convenience store" accessory and incidental to the existing gasoline-service station use in this "B-l" General Business Zoning District, as applied under Appeal No. 3618, Matter of SUKRU ILGIN and MINE ~EKSEN d/b/a OCEAN HOLDING CORP., SUBJECT TO THE FO1]--[-O-~CONDITIONS: 1. Any additional proposed exterior entranceway shall be located on the east side of the existing building, (only one as exists shall be permitted on the west side); 2. The parking area(s): (al shall be paved along the ApPeal No. 3618 ~r of SUKRU ILGIN AND OTHERS 5ion Rendered April 23, 1987 east side of existing building; (b) shall remain open and unobstructed at all times for customers use; (c) shall be sufficiently lighted;. 3. All outside lighting shall be sufficiently shielded from the highway and neighbors; 4. A maximum four sq. ft. sign shall be placed on the front of building indicating "PARKING AT THE REAR" (east side) FOR CONVENIENCE STORE CUSTOMERS; 5. The "convenience store" use granted hereunder is permitted only accessory and incidental to the gasoline- service station use presently established, and not as a separate principal business use; 6. No food service or sales of prepared foods, no cold cut/deli items, or other food services (except pre-packaged); 7. No expansion or further construction without reapplication or new application for consideration to both the Planning Board and Zoning Board of Appeals, and any other department or agency having jurisdiction thereof. 8. This' variance is temporary for a maximum period of two years, EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein, within this limited two-year period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk ~RARD P. GOEHR-~-~-~-E~, ~'~IRMAN .April 2Q, 1987 '": Sou h Id Tou n B rd of Appeals l:-" x :ii 0 0(1 / ,. .. I. ,'/ - .,~ TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 36]8 Application 'Dated February ]9, ]987 TO: Andrew E. Gooda]e, Esq. as Attorney for SUKRU~'iLGIN Main Road, Box 15A Mattituck, NY 11952 & OTHERS [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April Z3, ]987, 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 Request for Variance to the Zoning Ordinance Article VI , Section ]00-6Z [ ] Request for Application of SUKRU ILGIN AND MINE PEKSEN d/b/a OCEAN HOLDING CORP. for a Variance to the Z~oning Ordinance, Article VI, Section ~2 for permission to operate convenience store in addition to existing gasoline service station uses at 7400 Main Road, Laurel, NY; County Tax Map District lO00, Section 122, Block 7, Lot O1. WHEREAS, a public hearing was held and concluded on April 2, 1987.1n the Matter of the Application of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HO.L~!NG CQ.~P. under Appeal No. 3618; ~nd WHEREAS, at s'aid hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a variance under the Provisions of Article VI, Section 100-62, (which requires a minimum lot area of one acre for a shopping center), in order to establish a "convenience store" for the on-premises sales of packaged food and non-food items (without food preparation or on-premises food services), in conjunction with the existing gasoline-service station use. 2. The premises in question is a described parcel of land located in the "B-l" General Business Zoning District, containing a total lot area of 11,984 sq. ft. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing (CONTINUED ON PAGE TWO) DATED: April 23, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN. ZONING BOARD OF APPEALS pumps; (b) gasoline station office and two-bays, all as shown on survey prepared February 13, 1987 by Peconic Surveyors & Engineers, P.C. 4. The area to be used for the "convenience store" is at the southerly half of the existing structure of a size 27.6 ft. x 28.9 ft. The most northerly half will continue to be used as a gasoline-station office area. 5. The consensus of the Board is to permit the estab- lishment of a "convenience store" in the southerly half of the existing structure to be used accessory and incidental to the gasoline-service station use, and not as a separate principal business use. It shall be under~tood that only one exterior entranceway shall be permitted at the west side of the existing building which is presently for the gasoline- station office area, and a second entranceway which the owner finds necessary shall be located only at the east side of the existing building. The minimum eight parking spaces must remain open and unobstructed at all times to allow safe and convenient parking for customers. 6. It is noted for the record that a site-plan applica- tion is presently pending before the Southold Town Planning Board, and Certificate of Occupancy #Zl0810 was issued by the Southold Town Building Department on December 9, 1981 to Peter J. Warren and Linda L. Ryan (predecessors in title) for a gas service station. 7. It is also understood that the existing vehicle lifts and vehicle-repair areas will be eliminated and replaced with this accessory "conveniehce store" use. In considering this application, the board also finds and determines: (al that the use as proposed is consistent with and will promote the general purposes of the zoning code and maps; (b) the circumstances of the property are unique; (c) there will not be a substantial change in the essential character of the neighborhood; (d) there is no other method feasible for appellants to pursue other than a variance; (el the relief requested is substantial in relation to the require- ments; (fl the relief as conditionally granted will not prevent the orderly and reasonable use of this district or adjacent use districts; (gl the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Messrs. Douglass and Goehringer, it was RESOLVED, to GRANT a Variance under the Provisions of Article VI, Secti~O-62 for the establishment of a "convenience store" accessory and incidental to the existing gasoline-service station use in this "B-l" General Business Zoning District, as applied under Appeal No. 3618, Matter of SUKRU ILGIN and MINE PEKSEN_._~d~_~/a OCEAN HOLDING CORP.~ SUBJECT TO THE FOLLOWI~ITIONS: 1. Any additional proposed exterior entranceway shall be located on the east side of the existing building, (only one as exists shall be permitted on the west side); 2. The parking area(s): (al shall be paved along the Appeal No. 3618 r of SUKRU ILGIN AND OTHERS sion Rendered April 23, 1987 east side of existing building; (b) shall remain unobstructed at all times for customers use; (c) sufficiently lighted;. open and shall be 3. All outside lighting shall be sufficiently shielded from the highway and neighbors; 4. A maximum four sq. ft. sign shall be placed on the front of building indicating "PARKING AT THE REAR" (east side) FOR CONVENIENCE STORE CUSTOMERS; 5. The "convenience store" use granted hereunder is permitted only accessory and incidental to the gasoline- service station use presently established, and not as a separate principal business use; 6. No food service or sales of prepared foods, no cold cut/deli items, or other food services (except pre-packaged); 7. No expansion or further construction without reapplication or new application for consideration to both the Planning Board and Zoning Board of Appeals, and any other department or agency having jurisdiction thereof. 8. This'variance is temporary for a maximum period of two years, EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein, within this limited two-year period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk April 28, 1987 ~'~PLANNING BOARD MEMBE9 ~~,.~,~, { PLANNING BO.,~RD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: FROM: RE: Gerard P. Goehringer Robert G. Kassner, Site Plan Reviewer(~-~ Request for comments: T. Petikas Riverhead Building & Supply M. Rosen Radio Tower Nextel Communications AMAC/ Former Empire Service Station T. Petikas · Recommend that Suffolk County Department of Public Works be notified as we understand that road work is planned for Route 48. Riverhead Building & Supply · See attached memo dated April 1, 1998. ~o~en Radio Tower · Board feels that Town Code Article XVI, 100-160, Wireless Communication Facilities applies to this use. Nextel Communications · Board favors this collocation of antenna. k/A/~C/former Empire Service Station · See attached memo dated March 10, 1998 Attachments PLANNING BOARD BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD -. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAYI 3 TO: FROM: RE: Zoning Board of Appeals Robert G. Kassner, Site Plan Reviewer Riverhoad Building and Supply Main Road, G~eenport SCTM# 1000-45-1-1 DATE: April 1, 1998 The Plsnning Board has ~eviewed the above application with the appltoanth agent and has l~ached agreement to move the builrl!~g ten feet to the south and add ten feet of landscaping to the front yard landscaped In addition, the applicant*s agent has agreed to place an evergreen landscaped hedge across the entire length of the north parldng row to screen the ca~s from view. The Boar~i feels tbot with these changes they can proceed with the processing of this applioation. WILLIAM J. CREMERS KENNETH L. EDWARDS GEOP. GE RITCHIE LATHAM, JR. RICHARD G. WARD PLANNING BOARD OFFICE TOV~N OF SOUTHOLD YI3 TO: FROM: RE: Zoning Board of Appeals Robert G. Kassner, Site Plan Reviewer~ Request for comments Empire Service Station Main Road, Laurel SCTM# 1000-122-7-1 DATE: March 10, 1998 This will update our memo to you of December 29, 1997, on the above request for a variance. The applicant has, of this date, not submitted a site plan application as requested by this Board for the proposed canopy. Instead, we have received a waiver request which this Board has denied. The attached papere show: 1. A preHmtnRvy site plan was submitted to the Plsnnlng Board on 12-29-86. A variance was granted for the convenience store on April 23, 1987, with findings that a site plan application was presently before the p]snnlng Board. (The planning Board had only a preliminary plan, not an application and fee). The Planning Board coordinated this preliminary site plan with the New York State Department of Transportation, and received recommendations for curbing and eight other safety items. This DOT requirement was sent to the applicant for compliance. 4. The applicant did not continue with the site plan. The Building Department received a letter from the DOT on February 28, 1998, requesting that a Certificate of Occupancy not be issued for the Convenience Store until the DOT recommended safety improvements were made. On February 13, 1998, the Planning Board received a waiver request for a proposed canopy. On Februat~r 18, 1998, the Planning Board sent a letter to the applicants agent denying the waiver request because the intensity of use at the site had been increased by the convenience store thus requiring site plan review. In its February 18, 1998, letter, this Board requested that the applicant continue with the site plan application and DOT safety implmvements. AS previously mentioned, to date the Board has not received the requested site plan. Edward Forester, Director of Code Enforcement Laury Dowd, Town Attorney Garrett Strong, R.A. MAY 1.3 COUNTY OF SUFFOLK DEPARq3~4ENT Of PLANNING ROBERT,.I. OAFFNL~' SUFFOLK COUNTY EXECUTIVE STEPHEN M. UON£S, A.I.C.P. D~RECTOR OF PLANNING January 11, 1996 Town of Southold Zoning Board of Appeals Re: Application of"Amac, Inc. (Sukru Ilgin) Empire Gas Station", Town of Southold (//4344) Gentlemen: Pursuant to Sections A 14-14 to 23 of thc Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Stephen M. Jones Director of Planning GGN:pk A:~SO434&ZNJ S/s O.~fltLC.~m~l~aa Chief Planner Re: Coordination on the following business-zoned parcels with PB Empire Gas Station, Laurel (Amae or Ilgin folder names) Sent copies of calendar of hearings to PB, TB & BD on 10/24/95 (Hearing to be held 11/8 - was advertised two weeks before) Legal notice posted on Town Clerk Bulletin Board on 10/24 Sent PB copy of agenda with action taken noted on copy 11/9/95. No communications received from PB until 11/27/95. Oliver - Mill Creek Liquor Store Sent PB, TB and BD copies of legal notice same day it was sent to newspapers on 9/1; advertised on 9/6; posted on Town Clerk Bulletin Board. Sent copy of ZBA decision and cover letter dated 9/29/95 to PB. (copy attached) No communicstio n received from PB until 11/27/95. , / ~Called Gail Wickham and explained recent PB 11/27 memo Ill~/~Jfor her information since she did not hear anything from (or Building Dept. PB PLANNING BOAP. I) MI~MBERS RICHARD O. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOAI~D OFFICE TOVv-N OF SOUTHOLD TO: FROM: SUBJECT: DATE: Gerard P. Goehringer, Chairman, Board of Appeals Richard G. Ward, Chairman Planning Board comments on ZBA applications November 21, 1995 In the past the Zoning Board has requested via memo comments from the Planning Board on pending applications before it. This practice seems to have been discontinued recently, Empire Gas Station, and a liquor store near Greenport are a few examples where site plans may be required, but there was no direct attempt to coordinate review between the two Boards. As a courtesy and in the spirit of cooperation and better customer service we would appreciate a memo from your Board when you receive an application that may require joint review, so that we can review the files and coordinate in a more timely fashion than is otherwise possible by reading your meeting agendas. Thank you for your consideration. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jn Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMORANDUM TO: Richard G. Ward, Chairman. PB FROM: Jerry Goehringer, Chairman, ZBA DATE: November 27, 1995 SUBJECT: PB Chairman's Memo 11/21 (11/27) - Coordination Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Since our office has been very busy in "zoning appeals" for setbacks and basic requests, we want your staff to know they are welcome to come down to review the files any time once they receive our agenda. Their reviews have also seemed to discontinue within the last few months - probably because they are not interested in the basic setback and height variance requests for residential properties. It should be your department's judgment directly in choosing "matters of interest" without any restriction rather than someone else's judgment. Thi.~ would, we agree, also be better service. Most of the Disapprovals upon which the appeals are based do not indicate whether or not site plan approvals are required. There have not been any applications for "splits" or "site pinna" that we are aware of, and the Empire Gas Station is a new issue which involved lifting of one of the ZBA conditions in the interior of the building (not outside of the building). Since the applications for these areas have reduced dramatically, it is not expected that there will be a drnmntie increase. Thank you for your interest, and for your records, we will continue to provide our usual cover letter (with copies of the agenda and/or legal notice attached for your convenience and early review). It may be some time before the number of applications relative to splits or site plans will show an increase. APPEALS BOARD MEMBERS Oararcl P. Goehringer, Chairman Serge Doyen, Ir. lames Dinizio, ~r. Robe,~ A. ~illa Lydia A. Tortom Southold Town Hall 53095 Main Roag P.O. Box 1179 SouIb-old, Now York 119']1 Fax (516) 76S-1823 Telaphoac (516) 765-1809 BOARD OF APPF..AL~ TOWN ON SOUTH, OLD .. Varianc.e t¥om the Zoning Code, ~ti¢le Section Variance ~om Determination of Southald Town Sutlding Inspector Exception, Article , Section Special Permit X Act±on to allow 'removal of counter barrier between customer area and --" cashier which woe reeCricted under Appl, #4074,' Conditions #3 end #4.dated 3/25/92, App~j~ No: 4344 Applicant: AMAC,INC. (SUKRU ILLIN) Emp~e Gas Stetion Location of Affected Land: Triangle aC S/$ Main Road, E/$ Bray Ave, and N/s o[d ~a~n Road, Laurel County Tax Map Item No.: ~,000-122=7-~, Within 500 feet of: ~tace Highway. X · Town or Village Boundary Line Body of Water (Bay, Sound or EstuarY} State or County ~ad, Parkway, ~ighway, Thruway aoundary of Existing or Proposed County, State or Federally Owned Land Boundary of ~xisting or Proposed County, State or Federal Par~ or other 'Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or f=r which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport C~mments: Applicant ~Sr~im~n~A~l~t~pp~' #4074 dated 3/25/92 which mn~ nlln~e removal of~ounter barrier ~naide of building between cus~o~ area and cashier. Condition was pa~-b of =ee~=~ction on "acceeso=y use" Copies of To~n f~]~ and ~ela[ed~cumen[~-enc~osea for you~ cevie~. Dated: November 27, 1995. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Toaora BOARD OF APPEALS TOWN OF SOUTHOLD November 28, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 Re: Appl. No. 4344 - Variance to Remove Condition (AMAC) Dear Mr. Strmag: For your records, please find enclosed a copy of the determination rendered by the Beard of Appeals at our last Regular Meeting. A copy of this determination has also been furnished to the Southold Town Building Department for their update. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of planning for their determination as required under the County's Admini-~trative Code. It Ls expected that the County will forward their response directly to you or to the applicant within the next two weeks. If you have any questions, please feel free to call. Very truly yours, l.inda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ly~a A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 24, 1995 Mr. Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971 Re: Appeal No. 4344 - Amac, Inc. Empire Gas Sales with Accessory Sales of Convenience Items Dear Mr. Strang: This will confirm that the Board Members agreed 'to recess the public hearing in the above matter until November 8, 1995. The hearing has been calendared on that evening for 8:00 p.m. in the Town Hall Building. Very truly yours, Linda Kowalski P.S. Also, please find enclosed a copy of a memorandum added to the file from Richard G. Ward, P.B. Chairman offering their preference or suggestion. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: From: Re: Gerard P. Goehringer, Chairman, Board of Appeals Richard G. Ward, Chairman Appl. No. 4344- AMAC, Inc. (Sukru Ilgin) Appl. No. 4341 - Jered Motel Corp. (a.k.a. Sunset Motel) Date: October 11, 1995 The Planning Board would like to comment on the above applications as follows: Appl. No. 4344 - Sukru Ilgin - The Board agrees with the Zoning Board's original determination that there shall be no entrance way between the gasoline sales area of the building to the convenience store area. Parking is sufficient in the front area to accommodate patrons of the convenience store. Appl. No. 4341 - Sunset Motel - The Board feels that C & R's should be requested allowing seasonal use only. J BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of AMAC, INC. CONFIRMATION OF POSTING I, Garrett A. Stranq , residing at k~aln Road Matti%uck, New York 11952 being duly sworn, depose and say: That on the 29thday of Sep%emb~r1995, I personally posted the property known as "7400 Main Road, Laurel, NY" by placing the Town's official poster Notice on the front portion of the property facing ~/l~in Road where it can easily be seen, and that I have checked to be sure the poster has remained in pla(;e for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held October 11, 1995.) Dated: October] I , 1995. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 24, 1995 Mr. Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971 Re: Appeal No. 4344 - Amac, Inc. Empire Gas Sales with Accessory Sales of Convenience Items Dear Mr. Strang: This will confirm that the Board Members agreed to recess the public hearing in the above matter until November 8, 1995. The hearing has been calendared on that evening for 8:00 p.m. in the Town Hall Building. Very truly yours, Linda Kowalski Garrett A. Strang Architect P.O. Box 1412, Southold, NY 11971 (516) 765-5455 Fax (516) 765-5490 October 11, 1995 Mr. Gerald Goehringer, Chairman Southold Town ZBA Main Road Southold, New York 11971 Re: Empire Service Station Alterations N.Y. State Rt. 25, Laurel, New York SCTM #1000-122-07-01 Dear Mr. Goehringer: Please accept this as a formal request to reschedule the variance hearing for the above referenced matter from October 11, 1995 to Noveraber 8, 1995. Thank you for your courtesy and cooperation in this matter. Very truly yours, GAS:BAS Garrett A. Stran~ Architect ~ NOTICE OF ~uant to Secdon 2~? Of~e Town L~w ~ ~ C~ of ~To~ of ~1~ ~ ~ ~[Iow~g ~b~c ~n~ ~ ~ld at a Regu~ M~ng. SOUTHOLD ~WN BOARD OF AP~ at t~ Sout~ld ~wn H~L 53~5 ~in~ Road, ~uthold, Yo~ 1~971~: 6n WED~SDAY,~ ]. 7:32 p.~ Appl. No. 4336 PEGGY BELLER (~er of ~y~ N~CY ~UGL~ ~uesfing a V~a~o u~r A~cle HL S~on 1~-32, ~ed u~n ~ Aunt ~ that being looted only at ~' the east side of Ihe existing boiM* ' ~ between ~ ~li~ ~o ~ o~ ~ buil&ng:m ~ c~v~i~ ~ 7~ M~n R~ M~: ~1. ~1 ~); COiF ~1 ~. 1~-1~-7-I. :~ne: B~e~[~ STATE OF NEW YORK) ) COUNTY OF SUFFOLK ) ~of Mattltuck, in said County, being duly sworn, says that he/she ts Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Matfltuck, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been reSularly published in said Newspaper once each week for ~ weeks s~c~es~i_v~y, comm~cp~lng on the ~ day of The Bo~d of Appeals Will at said i time and place hear any and all pemms t -or eq~sontarlyes desiti~g tO be he~d ~ CHRISTINA VOUNSKI in the above matter. Written COmments '~otary Public, State of N~ Yo~ mayalsohesubmittedbefomorduting t No. 5004884 PtqncJpul C~erk this he~ng.'If you wish,to review a ~Qualified in Suffolk County file or need to ,quest mo. infomm.~li$~ionon ~iff~ NO~ 2~ ~1~., .' tion, please do not hesitate to call 765- / 1809 of visil our office: - - Dated: September 25, 1995. BY ORDER OF THE SOUTHOLD I TOWN BOARD OFAPPEALS , Nol~lry Public 16~ 1995 Notice of Disapproval from GERARD P. GOEHRINGER th° Building 'l~spoct~ f°r c°nstructi°~ I CHAIRMAN, ~ j~ ~be~%m~9~Ldlf~.~ ofaone-thmilydweilingwithinsoffi- ~=::'::'' ~~ Swo cieot froot ~d ~ar ya~Lsetb~. 1' ~x-I~ ...... ~ I~fi~: i145 Majom Peri ......... .. .... ~' dav o~~ ~ ~i!dip~, ~cnt; Coun~ ~ ~on: N/s ~ B~ ~1~ , dW~]in~ w~ ~ h ~uc- ~lNo, I~-3:3.1; "~wn,~ 365 ~bi~ G~OR~g ~ C~OL ~BgL ' ~P~I~. 1~145~!~....~.. '~ O~ ~C BaY'~~v~ ~1; , R~ ~t;_ConnW T~ M~ ~1 ~u~fing. a V~ ~* 6. ~5~p.m. A~.'.No. ~- ~ Coun~ ~* ~ap:~! No. 1~12~ No. 1~2~2~39.1;~wn~ HIA. S~ I~30A:3 .f~ ~s* ' ~CO~. (~a~- 3°n~M~°f~ll~T~eF~. sion to I~ate _~elling ~U~ setback~the w~terly ~c~ ~;~on 1~243~ Inc;; Suffolk County File No. 9572: Zone: R-80 Residential. 2. 7:35 ,p.m. Appl. No. 4338 -- WILLIAM J. WAGNER requesting a Variance under A~icle HI,Section 100- 32, based upon the Jun~ 16, 1995 Notice Of Disapproval from the Building Inspector for placement ora freestanding sign, as built, similar to former preexisting sign in this R-40 Zone District. l.~cation of Property: 7130 Main Road, East Marion; County Tax Map Pa~'el No. 1000-31-6-6. 3. 7:40 p.m. Appl. No. 4339.- GINA MAXWELL requesting a Valance under Article IliA, Section 100-30A.4, for permission to locaU~ accessory storage shed in the requi~d mar yard and pauly in the side yard, as built and re-located from the former frontyard location, and A~icle Ill, Section 100-31B(3B) for an inct~aso of property lire which encompasses a pti-" vate right-of:way easement. Pmp~zy location: 7285 Peconi¢ Bay'Boulevard, L,ltm~l, NYL County. TaxLMap Parcel No. 1000-126-10-1.5: R-40. Zone 5. 7:45 p.m. AppL No. 4340 ~ JOb'EPli and SUSAN GRILLe re- questing a Variance under Article XXIIL Se~ion t00=231 for pemtission to extend height of a pordon of pm- posed fence from 4 ft to 6 ft, ahing the easterly edge of the applicant's land used as a private right-of-way, and the southerly end near the entrance onto Peconic Bay Boulevard for a height of four feet, which will not conform to Section 100-232B which stales that the ~equited height shall not exceed 2.5 feet above the average street level & B, based upoW'the Sepiembot 7, 1995 Notice of Disapproval issued by thc Building Inspector, for pormission to reestebllsh preexisting nonconfonn-. lng' efficiency apatm~eots use in the exisdng foorlntnc'of~ this preexisting nonconforming, boilthng, portions of which wem*receotly~damaged by fi~e. The property contains a nonconfom~ lng lot siz~of lessthan five acres and is located in the Rl~Re.non-Residen6al Zone. Property location: 62005 48, Grcenpo~, NY;; County Ta~ map Pan:el No. 100(~-40-1~1. 7. 8:00 p.m. Appl, No. 4343 -- IIENRY and 'L1NDA STEFFENS requesting a Varlanor under Article HI^, Section 100-30A.3 and Article XXIlI, Section 100-239.4B based upon the September 14, 1995 Notice of' 8. 8:05 p.m. AppL N0- 4344 -- ..BERNARD FISll~Ri.~n:lueSfing a variance under Ardclc IH; Se~ion I00- 32, besed upon the September 18, 1995 Notice of Disappmyui issued by the Building lrtspectm-,, for permission to locate proposed dwelling With reduced side yards on this 2.96~ a~e parcel, which parcel contains a nonconform- ing lot~width of 61.78 along New : Suffolk Avenue, and slightly wider at the building setback line. Property identification." 5;20 Ne~ Suffolk Avenue, Mattitock; County Parcel No. 1000-II,g-12-4. Zone: R-80 (abu~ng R-40 and HB Zones sion8 New Suffolk Avenue). 9.. 8:10 p.m. AppL No. 4344 -- AMAC, INC. (SUKRU ILGIN) re. questing a Variance for ruiief of Conditions No. 3 and 4 of ZBA Determination rendered March 25, 6'- "' ........... _wi~..in an isosceles ~ang!e having 30 Disapproval issued~ by thc Building 1992 under AppL No. 4074 which APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tot'tom BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 9.8, 1995 Mr. Garrett A. Strang, R.A. P.O. Box 1412 1230 Traveler Street Southold, NY 11971 Re: Appl. No. 4344 - Amac, Inc. - (Variance for Permit to Alter) Dear Garrett: Please find enclosed a copy of the Legal Notice placed for publication this week by our office. Please be sure that there is someone in attendance to speak in behalf of the application at the time scheduled. Over the next several days, it is expected that Board Members will individually visit the area and view the areas in question. Once the poster has been placed, please complete the attached Confirmation of Posting and return it to our office either by nmil or hand delivery for our update and file. Please be sure to check that the Notice has not been removed by winds or other reasons. If it has been removed, let us know and we will furnish you with another notice. Please call us if you have any questions. Very truly yours, Enclosures I,inda Kowalski APPEALS BOARD MEMBERS Gered R Goet~inger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robeff A. Villa Lydia A. Toners Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-I823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 11, 1995 SE~RA UNLISTED ACTION DECLARATION Appeal No. 4344 Project Name: AMAC, INC, County Tax Map No. 1000- 122-7-1 Location of Project: 7400 Main Road, kaurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Internal access of building (Relief 'from Conditions 3 and 4 under gppl. No. render~i~i~,i~99~-~sued pursuant to Part 617 of the implementing regulations pertaining to g_rticle 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. 4074 An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur sh0u]d the project be Lmplemented as planned, and: ~ } this Board wishes to assume Lead Agency status and urges coordinated written cements by your agency to be submitted with the next 20 days. {XX} this B~ard 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 improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope 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 iraprovements 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, NY 11971 at (516) 765-1809. mc of d~JDITH T, TERRY TOWN CL~RK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk September 19, 1995 Zoning Appeal Appl. No. 4344 - SUKRU ILGIN Transmitted herewith is Zoning Appeal Appl. No. 4344 - SUKRU ILGIN, the Notice of Disapproval from the Builidng Department, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, an Action of the Board of Appeals dated March 25, 1992, a copy of the Proposed Alterations to the Empire Service Station. Judith T. Terry Southold Town Clerk I PRQJECTI.O. NUMEER 617.11 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTZONS Only PART I--PROJECT INFORMATION (To be com01eted by Applicant or Prelect sponsor) 3. ~RQJE~ Mu.~c~.~ Southoid ~unw Su~oik 7400 Main Road, Laurei, New Yo~k Wes[erIy InterseCtion o~ NYS Rt #25 (aka Main Road) and O~d Ma~n Road, together w~[h Bray Avenue Existing gasoline retail salea and convenience store SEQR 7. AMOUNT OF L.ANO AFF~CTF-O: Initially0. 275 acres UItlmatteW 0 _ 275 acres [] NO I~ NO, ae~Oe O.efly compliance w~h ex~ng variance ~2. AS A n~SULr a~ PROPOSED A~tON WILL ~l~tNO PERMIT~APPROVAL REQUIRE MOOI~ON? THAT THE INFORMATION PRQVIOED ABOVE IS TRUE TO THE EE~T QF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, camplete t~e Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an envir=nmen:al review w~ll be maas by :h~s board before any action is taken. SHORT ENVIRONMENTAL A$SESSbIENT FO~ ~NSTRUCTIONS: {a} In order :o answer the questions in this short ~AF 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 he undertaken. (b) If any question has been answered Yes the project may be sig- nifi=ant 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 Asse,~ent 1o Will project result in a large Physical change ~o the project site or physically'alter more ~han 10 acres of land? 2. Will there be a major change :o any unique or an.u~.ual land form on the site? Yes .X~o 3. Will project alter or have a large effect on an eX~sting body of water? __Yes X~o 4. Will project have a potentially large impact on groundwater quality? ___Yes ~ ~o 5. Will project significantly effe¢= drainage flow on adjacent sites? · Yes 6. Will ~ro~eot affec~ any threatened or endangered plant or animal species? Yes X ~o 7. Will pro,eot result in a major adverse effec~ on 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 9. Will project adversely impact .any site or s~ruct- u~e of historic, pre-historic, or paleontologi=al importance or any site designated as a critical environmental area by a local agency? .. Yes X ~o 10. Will project have a major effect on existing or future recreational opportunities? .___Yes ~o 11. Will project result in major traffic problems or cause a major effect 90 existing transportation . ' systems? ___~es . x %o 12. Will 9rojec= regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- .. ante as a result of the project's Opera=ion? ~Yes ~X NO 13. Will ~roject have any impact on public health or safety? ~es XXNO 14. Will Project affect the existing conL~unity by directly Causing a growth in permanent popula- tion of ~ore :hah 5 percent over a one-year ~es XX ~eriod or have a major negative effect On the .___NO charac:~ of the community or neighborhood? 1S. IS :here public contr3~rs¥ concerning roject? ./ =he. . ~r , . ~_.~---~.~ ~ ~-~ ~/ .. Yes X epa=er s signature:/~~ Garre%% A. S%rang, Representing: Owner~ Sukru Ilgi'm z.a ~/~s -' o~:e:__ 9/18/95 Archi%ec~ QUEST!CN%[AIRE FOR F!LI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the s~bject premises and a description of their interests: (Separate sheet may he attached.) Sukru ]lain Owner B. Is ~he su~jec= premmses listed on the real es=ate mar~e~ for ~ sai~ or be/~lg shown to ~ra~ective buyers? { } { } Yes { A No D. 1. Are there any areas which contain wetland grasses? Do 2. Are the wetland areas shown on the map submitted wi~h this applica=ion? .no 3. Is t_he proper~y bulkh~d between the wetlands area and the upland building area? no ' 4. 'If your proper~y contains wetlan=s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? no 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, bn]kheads or fences which ~t and are not shown =n the survey map that you ara. sLLbmitt~ng? none If none exist, please state "non~." G. 0o you have any construction'taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and mad as approved by the Building Department. If n0he, please state. H. Do you or any co-owner alsd own other land close to this parcel? . If yes, please explain where or submi~ copies of deeds, nn I. Please parcel prapose~ use Same Auunar~zed Signature an~ Da~e-- list present use or apera~ion~ conducted at this Go$oline $ole$/Comvenience ~%ore and 3/87, 10/901k § 97-I3 WET~-~'NrD S § 97-13 TOWI~ .~ T~ Town of Southold. TI~.USTEES ~ The Board. of Trustees of/:he Tow'a of Southotd. [Axided /~-fi4]4 by L,L. No. ~1984] Yv r-- £.~..A.N"DS [Amended 8-25-76 by ~'. r. No. 2-1975; 3-2~- A. z'iDAL WETLA~X/D$: (1) All lands generally covered or intermittontiy cov- ered w/th. or which border on, tidal Water~ or lands ly/ng beneath tidal water, which at mean low tide are covered by tidal war, rs to a max/mum depth five (5) feet. including bu~ no: limited to banks, · bol~. salt marsh, swamps, meadows, tiara or other low lldng lands subject to t/dal action: (2) All banks, bog~. meadows, fiats and tidal mar~h subject to such tides and upon which grows or may l'row SOme or any of the follow/ny sak hay, black l'l'ass, saltworts, sea lavender, tall cord~-r~s, high bush. cattails, groundse, l. rear, hr,,liew a.~d. (3) All lm:d immediatoi~'=djacen~.o a tidal wettand as defined in Subsection 3.(2) and lying xvithin Seven- ty-five (75) feet landward of the most landward edge of such a tidal wedand. ?RESHV'~ATEll WETLANDS: (1) "Freshwater wetitmds" as defined in Article 2-1. ~ie 1. § 2-I-0107. Subdivisions l(a) to l(d) inclusive. of tho Environmental C'anserva:ion Law of lhe State et' N'ew York: and All land {mmediatelv adjacent to a "freshwater wet- land.' as defined in ~ubsection B(1) and l¥in~ with- in seventy.five (75) feet landward of the most land- ward edge o£ a 'freshwater w~dand." Re: Coordina'tion on the following business-zoned parcels with PB Empire Gas Station, Laurel (Amac or Ilgin folder names) Sent copies of calendar of hearings to PB, TB & BD on 10/24/95 (Hearing to be held 11/8 - was advertised two weeks before) Legal notice posted on Town Clerk Bulletin Board on 10/24 Sent PB copy of agenda with action taken noted on copy 11/9/95. No communications received from PB until 11/27/95. Oliver - Mill Creek Liquor Store Sent PB, TB and BD copies of legal notice same day it was sent to newspapers on 9/1; advertised on 9/6; posted on Town Clerk Bulletin Board. Sent copy of ZBA decision and cover letter dated 9/29/95 to PB. (copy attached) No communication received from PB until 11/27/95. iCalled Gail Wickham and explained recent P8 11/27 memo for her information since she did not hear anything from P8 or Building Oept. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 4074. Upon application of AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 100-101B(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School Dstrict), NY; County Tax Map Parcel No. 1000-122-7-1. WHEREAS, a public hearing was held on March 5, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this appeal, appellant requests a variance under the Provisions of Article X, Section 101B(12) and Section 100-102, Bulk, Area and Parking Schedules, for permission to convert a portion of the existing principal building (presently three service bays with an approximate floor area of 1160 sq. ft.) from vehicle/engine repairs to convenience store use, limited to on-premises sales of packaged food and nonfood items, without on-premises food services, only as accessory use incidental to and in conjunction with the existing gasoline sales/office use. Page 2 -'A~pl. No. 4074 Matter of AMAC, INC. (SUK_RU ILGIN Decision Rendered Marc525, 1992 2. The premises in question is a described parcel of land located in the "B" General Business Zone District containing a total lot area of 11,984 sq. ft. and is triangular in shape with frontage along three streets: the Main Road (State Route 25), the old Main Road to the south, and Bray Avenue to the (south~ west at its intersection with the Main Road, in the Hamlet of Mattituck, Town of Southold. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 7, Lot 1. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing pumps; (b) gasoline station office and service bays in the principal building structure, all as shown on the survey prepared February 13, 1987 by Peconic Surveyors and Engineers, P.C. and shown on the site plan map prepared by Garrett A. Strang dated December 12, 1991 (Map SP-1). shown to six feet point, property gasoline blacktop The location of the existing principal building is be set back 42 feet from the easterly property line, from the northerly property line at its closest (c) approximately three feet from the~southerly line. To the west of the principal building are two service islands, each with two service pumps, and areas utilized for egress, ingress, and parking. 5. The size of the principal building is 27.6 ft. x 28.9 feet (1595 sq. ft. of floor area). The southerly portion of the building is proposed for the "convenience store" sales and the northerly portion of the building will remain as a business office use related to the sales of the gasoline service. 6. For the record, it is noted that under previous Action of this Board under Appl. No. 3618 rendered April 23, 1987, an area variance was granted for similar relief, with a time limitation of two years from the date of the variance. The time limit for that area variance expired in April 1988 and no building permits were obtained in reliance on this variance. 7. In considering this application, it is the understanding of the Board Members that the items to be sold will include small variety store items, such as packaged and canned foods, magazines, refrigerated items, microwaved items, and the like. Requests for clarification or interpretation concerning the type of products to be sold shall be referred to this Board if necessary. 8. The following information is also noted for the record: Page, 3 -'Appl. ~o. 4074 Matter of AMAC, INC. (SI~RU ILGIN) Decision Rendered March 25 , 1992 (a) the premises has continuously for the past 22 years been used as an office for sales of gasoline and other incidental merchandise, with small engine/vehicle repairs within the enclosed service bay areas of the principal building, and gasoline sales at the service pumps; (b) the use as a convenience store is to be used accessory and incidental to the gasoline-service station and not as a separate principal use or business establishment; (c) the existing vehicle lifts and (three) bay areas will be eliminated and replaced with the accessory convenience store use; (d) the principal building will not be enlarged without prior approval of the Board of Appeals by subsequent application. 9. In considering this application, the Board also finds and determines: (a) the subject parcel is surrounded by other properties to the north, west, east, and south of the Main Road which are also located in the General Business "B" Zone District; (b) the variance, as conditionally and alternatively noted below, is the minimum necessary to afford relief; (c) the accessory use as authorized will not alter the essential character of the neighborhood or this zone district; (d) the difficulties claimed are uniquely related to the land and building in question - the difficulties are not due to the general conditions of the neighborhood, are not personal to the landowner, and have not been created by the landowner; (e) there is no other method feasible for appellant to pursue other than a variance due to the nonconformities of the land; (f) the relief as conditionally and alternatively granted will be compatible with the overall plan and policy for development in the Town and would not create conditions distinctly different from those existing in the locality or essentially alter the character or reasonable permitted uses in this district or of adjacent use districts; _age 4 - kppi. No. 4074 Matter of AMAC, INC. (SUKRU ILGIN) Decision Rendered ~4~_h 25, 1992 ig) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business alteration from aotomobile repair to sales of small food and non-food products; (h) that in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for permission to convert the existing service area within the existing princiDal building for "convenience sales" SUBJECT TO THE FOLLOWING CONDITIONS: 1. Floor area of proposed convenience store area shall be limited to a total of 600 sq. ft.; 2. convenience store shall be accessory and incidental to the gasoline service station use presently established, and not as a separate principal business use; 3. There shall be only one entrance for the convenience store area, that being located only at the east side of the existing building; 4. There shall be no entrance way between the gasoline sales area of the building to the convenience store area; 5. There shall be an entrance from the north side of the property and an exit from the south side of the subject premises onto the Old Main Road -- no exiting will be allowed onto the Main Road at the easterly yard area; 6. This variance is temporary for a period of three (3) years from the date of the filing of this decision with the Southold Town Clerk, EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein. 7. No food service or sales of prepared foods, no cold cut-deli items, or other food services (except pre-packaged); 8. No expansion, further construction or other service areas without a new application for consideration to both the Page 5 - Appl. No. 4074 Matter of ~AC, INC. (SUKRu iLGIN) Decision Rendered ~rch 25, 1992 Planning Board and Zoning Board of Appeals, and any other department or agency having jurisdiction thereof. 9. Parking for the convenience store area shall be provided at the easterly yard area with ingress (entrance) Route 25 and egress (exiting) onto the Old Main Road only. 10. No table service or seating for public use; 11. No cooking, except by portable microwave; 12. No drive-thru or (window) drive-in services (for accessory convenience store); from Vote of the Board: Ayes: Grigonis, Dinizio and Villa. Messrs. Goehringer, Doyen, This resolution was duly adopted. lk GERARD p ~- GOEFtRiNGE~R~/'CHAiRMAN ' Juo,T. T. TEE.Y. TOWN CCE.K RECEIPT 5 6 2 6 8 Town of Southold RECEIVED OF: ~ $ ~/, _Z~t~) , o- ~ ,~~~~~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Pelition of : GARRETT A. STRANG. ARCHITECT/AGFNT for Io the Board of Appeals of Ihe Town of Southold : TO: Lisa G. Jerome 6000 Hutton Lane SouthoId, NY 11971 ILGIN NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOI'ICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of life I own of $outhold to requesl a (~Nm~(~lo~d~5ox~4~5~ex~"~x~(k~ x I circle choice I 2. Tbal life pr~?~6~ wlricb is Ibe subject of Ibe Pelilio,, is located adjacent lo your property a,,d is des- cribedasfollows: Bain Road, Laurel, NY, SCTU #1000-1~?-~7-~1 Westerly ~ntersect~on of NYS Rt. 25~ aka ~o~n Road. and Old together with Bray Avenue 3. Tballheproperly wbichistbesubjectofsuclrPetitionislocatedinthefollowingzoningdislrict: 4 lbalh~ suchPclili~m.'theundersigned willrequestlhefollowiogrelief: Relief from onditions 3 and 4 of Vnrlnnmm #407'! $. Thai Ihe provisions of lire Southold Town Zoning Code applicable to lire relief sought hy tbe under- signed are r~ticle X Sec'don 100- 102 [ ] Section 280-A, New York Town Law for approval of access over righ~(s)-of-way. 6. l'bal within five days from Ibc date hereof, a writlen Pelitio~f requeslJng tile relief specified above will be filed in Ihe Southold Town Clerk's Office al Main Road, $outhold, New York and you ma), theo and Ihere examine lbe same during regular office hours. (516) 765-1809. 7. Thai before the relief sought may be granled, a public bearing mosl be held on the matter by Ibc Board of Appeals; Ihat a nolice of such bearing must be published al least five days prior Io Ihe dale of such bearing in the Suffolk Times and in the Long Island Traveler-Matliluck Watchman, newspapers Published in Ihe Town ol Southold and designated for the publlcation of such notices; Ihat you or your representallve have right to appear and be heard at such hearing. Dated: September 18~ 1995 Petilloner Owners'Names: PostOffice Address P.O, Box 1417 Southold, ~Y Tel. No. (516 [Copy of ske~'~'~"~'P~°~ng proposal purposes.] GARRETT A. $TRANG, ARCHITECT 11971 ) 765-5455 to be attached for convenience ?ROOF OF MAiLiNG. OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRFSS Lisa G. Jerome 6000 Hor%on Avenue Sou%hold, NY 11971 IE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE--POSTMASTER Received From: Garret% A. $%rang~ Archi%eOt POB 1412 Sou%hold NY 1197 of ordinarY mail addressed to: Lisa G, Jerom( 6000 Norton Sou%hold, NY PS Form 3817, Mar. 1989 STATE OF NEW YORK COUNTY OF SUFFOLK GARRETT A. STRANG , residing al 1230 Traveler Street Southold, New York , being duly sworn, deposes and says that on [he l_R_+hday , 19 ? ~, , deponenl mailed a Irue copy of Ihe Nolice sol forlh on ihe vet-se [ide hereof, direcicd ~o each of Ihe above-named persons at Ihe addresses set opposile their respective names; [hal ihe addresses sol opposile ihe names of said persons are Ihe a~dresses of said persons as shown Iht curren[ assessment roll of Ihe Town of Soulhold[ Ihal said Noiices were mailed al ihe Uniled Slates Pos[ rice a~ .;Ihal said Nmices were mailed Io each of said persons by Sworn to before me [his ] R+lq day o% Se?+_ember ,19 95 / Nolary Public Garret% A. Strong, Architect (This side does not have to be completed on form transmitted to adjoining property ownerS.) II 015244 GARIRETT .A" STRANG architect Maim Road P.O, Box 1412 $outhold N.Y. 11971 516- 765 - 5455