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HomeMy WebLinkAbout4290 J&--c T of r s"5 f ns y P a ~'s s z S- i ~~gpFFOI,~~oG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman ca ,x 53095 Main Road Serge Doyen, Jr. 10 P.O. Box 1179 James Roberti A. Villa-. d,~ol ~a0~ Southold, o(516) 765- 71 1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD DECISION RENDERED: January 4, 1995 APPL. #4290. APPLICANT: Warex Terminal Corp. LOCATION OF PROPERTY: 9945 Main Road, Mattituck, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 142, BLOCK 1, LOT 27. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 11/2/94. "Accessory structure(s) shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article X, Section 100-101C(1). RELIEF REQUESTED: Canopy structure over existing gasoline pumps which are located in the front yard area and more particularly shown on Drawing 9427-LD dated 9/22/94 prepared by W. Wade, P.E. and Louis DeRonde of Petroleum Associates. MOTION MADE BY: Robert A. Villa SECONDED BY: James Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Approved location of accessory canopy structure as shown on 9/22/94 drawing, provided: (1) peak of greatest lighting be limited to periods during regular, business hours when open to the public; (2) setback no less than 11'5" to the property line as applied; (3) subject to other applicable fire and safety requirements as determined by the Building Inspector. Canopy structure shall be surface-mounted as deemed appropriate by the Building Inspector. REASONS/ FINDINGS: Gasoline pumps and islands are existing. Canopy is an open, roof-type structure rather than a fully enclosed structure; the canopy does not cause obstructions for egress or ingress within the parcel. Placement of a canopy structure is not an expansion of use and does not create additional parking under code regulations. Property received Special Exception approval on December 12, 1968 by the Board of Appeals under Appl. No. 1225. (The sale of vehicles is prohibited and is not a request under this application.) The property contains two front yards and virtually has no rear yard under the definitions and setbacks of the Southold Town Zoning Code. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member. n This resolution was duly adopted. Gait GERAII P. GOE INGER, CHAI N IVa D AND FILED b ~ OE.iI_a-;LD TG-'VJli t -T- -2 'ILIO Town Cl^rn; To,+m of So-,Il.old ~~SpFFOLkCOG APPEALS BOARD MEMBERS o Southold Town Hall Gerard P. Goehringer Chairman ca 53095 Main Road Serge Doyen, Jr. p P.O. Box 1179 71 James Robe t A. Villar Southold, 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 4, 1995, commencing at the times j specified below: 1 i , I ' 1. 7:30 p.m. Appl. No. 4288 - JACK AND CHRIS GISMONDI. Request for a Variance under Article III, Section 100-30A(1) for approval of the location of an accessory scvimmingpool, above ground as built, in a yard area other than the required rear yard, at premises known as 5655 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-14. (Setback from property lines, when located in a yard area other than `a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4289 - WILLIAM AND VERA SMITH. Request for, a Variance under Article IIIA, Section 100-30A.3 based upon the October 28, 1994 Notice of Disapproval issued by the Building Inspector, for permission to construct addition to existing building which will have an insufficient front yard setback. Page 2. Legal Notice y Southold Town Board of Appeals Public Bearings for January 4, 1995 Location of Property: 980 Bayview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-106-10-17. 3. 7:40 p.m. Appl. No. 4290 WAREX TERMINALS CORP. Request for a Variance under Article X, Section 100-101C, ref. 100-33, for permission to locate a canopy structure over existing gasoline pumps in an area other than the rear yard. Location of Property: 9945 Main Road, Mattituck; NY; County Tax Map Parcel No. 1000-142-1-27. 4. 7:45 p.m. Appl. No. 4287, - NORTH FORK BEACH CONDOMINIUMS. (Carryover from December 7, 1994). Request to install swimmingpool at 52325 C.R. 48, Southold, NY; 1000-135.1-1-43. 5. 7:50 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER (COREY CREEK VINEYARDS). (Carryover from December ` 7, 1994). Request for Special Exception to establish Winery Use for the sale of wine produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Property: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold, NY; County Tax Map No. 1000-75-6-9.7 and 9.6. x b Page 3 - Legal Notice J Southold Town Board of Appeals Public Hearings for January 4, 1995 6. 8:00 p.m. Appl. No. 4293 EDWARD J. MUNSON. Request for Variance under Article IIIA, Section 100-30A.3 based upon the December 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to dwelling which will ' have an insufficient sideyard setback at less than the required 15 feet, and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold, NY; County Tax Map Parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land area. 7. 8:.05 p.m. Appl. No. 4292 JAY AND MARY THOMSON. ' Request for a Variance under Article IIIA, Section 100-30A.3-based I upon the November 30, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to existing dwelling which will exceed the maximum lot coverage limitations. Location of Property: 695 Bayshore Road, Greenport, NY; County Tax Map Parcel No. 1000-53-6-14. 8. 8:10 p.m. Appl. No: 4291. JAMES M. and ELAINE O'KEEFE Request for a Special Exception under Article IIIA, Section 100-30B to establish Bed and Breakfast useas an accessory incidental to the applicant's single-family residence and ownership of dwelling located at 54300 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. Page 4 - Legal Notice " Southold Town Board of Appeals . Public Hearings for January 4; 1995 9-11. .8:15 p.m. Application for Variances requested by WILLIAM F. GASSER concerning his property known and referred to as the American Armoured Tank Museum, 640 Love Lane and the south side of County Route 48, 'Mattituck, NY; County Tax Map Parcel No, 1000-140-2-16 located in the Hamlet <Business Zone District, which requests are noted as follows: (9) Appl. No. 4260 - Request for Variance under Article IX, Section 100-91C(1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of accessory tower structure which is required to be located in a rear yard with a setback as per Section 100-33B(2) at five feet from the property line; (10) Appl. No. 4261 - Request for Variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height of the fence which excess the required height limitation; (11) Appl. No. 4262 - Request for Variance under Article IX, Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in this Hamlet-Business Zone District. a s Fes,, Page 5 - Legal Notice Southold 'Town Board of Appeals Public Hearings for January 4, 1995 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard, in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. ' ` Each hearing will not start before the times designated above. If you wish to review any. of the above files or would like to request more information,' please do not hesitate to call '765-1809 or visit our office: Dated: December 16, 1994. BY `ORDER OF THE'SOUTHOLD TOWN BOARD OF "PEALS GERARD P. GOEHRINGER ' CHAIRMAN By Linda Kowalski x FORM N.0..3 ' t r TOWN OF SOUTUOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . 19 1. fK!. . ~7/~! r PLEASE TAKE NOTICE that your application date-P~62/!e 19/1Z. for permit to a O~J cif.. }94itJ at Location of Property SL5 G1L . House Ldo. Street Ham/er County Tax, Map No. 1000 Section /.`f .Z.... Block Lot ...;';Z 7.. . Subdivision Filed Map No . . Lot No........ , . is returned herewith and disapproved on the following grounds .6~i.. %1... 4 i~ ..r cv(/ . All, G ~4 r.- . . • ~ Bing.Ynspcctor RV 1/80 60,YRD OF REALLT11 FORM No.1 3 SETS OF PLANS e TOWN OFSOUTHOLD SURVEY BUILDING DEPARTMENT CIILCK SEPTIC FORA 0W14 i i.""aLi_ . SOUTI IOLD, N.Y. 17971 TEL.' 765-1802 t: (S7 I F•1 ' CALL Examined . A 19 MAIL T0: Approved _ • • • 19 . . Permit No. . Disapproved a/c . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date Oct, ._........:,•1994 /.00 INSTRUCTIONS a. 'This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with Sets of plans, accurate plot plan to scale. Fee according to schedule, b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises' or public'stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app cation. o The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm shall be kept on the premises available for inspection throughout the work. ef" No building shall be occupied or used 'inwhole or in part for any purpose whatever until a Certificate of Occupanc shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and° other applicable Laws, Ordinances c Regulations, for the construction of buildings; additions or alterations, or for removal or demolition, as herein describe: The applicant agrees to comply with all applicable laws, ordinances; building code, housing code, and regulations, and t admit'authorized. inspectors on premises and in building for necessary inspections. Louis DeRonde - (Signature of applicant, or name, if a corporation) 16 Victoria Dr., Amityville'. NY 11701 , (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder A licant is agent for owner PP.. Same of owner- of premises Ware-Y. Tevm.iilaI Corgoration• (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer, y iG..~l::. (Name and title of corporate officer) Builder's License No. to .be determined Plumber's License No. to be ;determined Electrician's License No. to be determined Other Trade's License No NA N/E/C of Factory. Ave & Main Std. 1. Location of land on which proposed work will be done. _ . . (Rt; • ,25 ~ M tttituck . House Number Street Hamlet County Tax Map No. 1000 Section :..142..... _ Block . l Lot . . Subdivision...... NA Filed P No. NA NA ed Ma , Lot - (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construcainnc a. Existing use and occupancy . Gasoline filling. station , • • . . . n b• Intended use and occupancy .......Same . 's :;3» s a .taut 3. Nature ofwoik (check which . , cable): New Building Addition . • . Alteration Repair Removal Demolition Otherifork......... - _ _ (Dcscrij>tion: 4. Estimated Cost $.2.5,000.:.0.Q . . . . . Fee (to be paid on filing this application) If dwelling, number of dwelling units . ,LQA........... Number of dwelling units on each floor . If garage, number of cars ...NA 6. If business, commercial or mixed occupancy, specify nature and extent of.each type of use .Wa.............. 7. Dimensions of existing structures, if any: Front 66 , Rear ft,., . , , , , Depth . 30, At Height 18 ft Number of Stories ...one Dimensions of same structure with alterations or additions: Front . NA Rear . Depth Height Number of Stories S. Dimensions of entire new construction: Front 43. ft: , , Rear ....43 £t : Depth .....57 ft ; 14 6 Number of Stories one Height , 198. ft. 9. Size of lot: Front Rear .1 Ai 6. ft Depth . 15Q, ft 10. Date of Purchase ..J11.1-Y-1994 Name of Former Owner Sun, O,i,1 .COmparlY....... . 11. Zone or use district in which premises are situated. H3 ;Hamlet Business. , _ _ _ , . , . , 12. Does proposed construction violate any zoning law, ordinance or regulation: . P9 , . _ , , . 13. Will lot be regradedno . Will excess fill be removed from premises: MMM4 M 14. Name of Owner of premises Warex Terminals. f~ML;ss 1 S. Water' St. „Phone No$OH.-.724: 08Q8 Name of X12MXDMt P_ E... W. Wane , . 1~ewburfnbl ....Address P0631,. . Nf hone No . . . _ Name of Contractor to. be detertgin~d . , , , , , ,Address . .i. hone No, , , , , , , , 15.* is this property within 300 feet of 'a tidal wetland? XcXXX No......... *If yes, Southold Town Trustees Permit may be required., PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions frog: property lines. Give street and block number or description according to deed, and show street names and indicate whe hc: interior or corner lot. Please se0attached site plan. i *Dimensions shown are for a.canopy to. be erected over the existing pump islands. ;TATE OF NEW YO j~K S -S :OUNTY OF..:5UY+:~~k-.... Louis, DeRonde, , , , , . being duly sworn, deposes anti says ahat he is the applicant (Name of individual signing contract) love named: ' is the; agent........_ (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file:this piieation; that all statements contained in this application are true to the best of Iris knowledge and Ibclief and that the - irk will be performed in the manner set forth in the application filed therewith. :om to before me this C.dayof.(XrT"10:1 -..........19 . Count tart' Public, y r7 r ~ ~ s w J J mtyQpbiie, State of NewYor (Signature of applicant) No. 4913837 hA oualifle d In Suffolk County 4 emne.isston.E.~mires Nov. 30 1 t _ . ~ Ned. ` of-3a-9a f NOV 3 0 A994 J TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN' OF SOUTHOLD, N. Y. ~ 1 (We) Warex Terminals Corp 1 South Water -Street ! cb of Name of Appellant Street and Number ,t3;aC Newburgh NY 12550 , ............HEREBY APPEAL TO Municipality; State. THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON { { t~~ APPLICATION FOR PERMIT NO. DATED 11„2;, 94 l WHEREBY THE BUILDING, INSPECTOR DENIED TO Louis DeRonde Name of Applicant for permit of 16 Victoria Dr.`, Amityville, NY 11701, . Street and Number Municipality State ( ) + PERMIT TO USE ( ? PERMIT FOR OCCUPANCY (1U Permit to erect a canopy over existing pump islands 1. LOCATION OF THEPROPERTY.99A5 Main Rd...., Mattituck, BUS Street /Hamlet / Use District on Zoning Map District 1000 Section.142Blockl Lot27 Warex Terminals Corp. ._...-.--.-.---..Current Owner Map No. N/A Lot No. N/A Prior' Owner Sun Oil Company 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 10 Section 100-101, C (1) 100_33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal `K'i) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request fora special permit ( ) request for a variance and was mode in Appeal No. ,...........Dated . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason. that structures shall be iocated in the required - rear yard. (Proposed canopy is located in the front yard over existing gasoline pumps.) Form zni - (Continue on other side) - REASON FOR APPEAL Continued l; STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because of the location of the existing gasoline pump islands over which the proposed canopy is to be erected being located in the front yard of the property as to be accessable to customers and visable to passing traffic. I 2. The hardship created is UNIQUE and is not shared' by all properties alike in the immediate s vicinity of this property and in this use district because they are other 'retail businesses unrelated to the operation of a gasoline service-station. i 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because of the physical location of the property as an integral part of the Mattituck shopping center and general business character of the area. i STATE OF NEW YORK ) 1T -ss COUNTY OF 3 Signatu Sworn to this day of.... P, r;,, '!J f 19~ J........ Notary Public MUM R. 6E R~M-ne j Mri Puai=e, srao lr 'Rew York it si mik!k coS G'J'm`:S(MMf n SJtiG Otmtg ,,mm commission Expires 62-^x V6 - a a mZ M n. n n 0 I > m 1 Y „I N I~~ A G) m M, X 'Ji Is A y e N Imo' m.. i n w I °U. L D ~ gym.. v ~D ro v GZiJ r vx Z C x~ m 0 m o on f > 10 y m p.' W m m O C+ m A I m O 9 'ZiQ 13 Q m E- O O ` j- Z - _ w s m i C~:1 f 1 \ ~v CD M UP w Z 3 - r.• .Q Y J. a m V- ~ i 1 C I c L L °o o, w. LL 7 LL O y y 3 j i .1.... a.. 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Gd"Ift1w Crap 4F • Ltf ilToµ CO Cimo•rr f%. . ®~4~i AunwP NOTE GC- i7TlFIBD ONLYTO: /.ThEEX/STENCE 0,x,2/GHT GI{IGpG,:~ TITL-C-, IF-?£~L1120?1GE G.o• OFl~ll.9 Y.5'ANP 0.2 EASE/LlENTS ~;µp ~pQp LZr SrGX~~ ~ I.! G • p,~-~'EC0.20, /~'~9NY NOT SNU!•[iN .9RE NOTG!/.gRANTEEO. SU.eI~E'Y O/ST.2/CT /000 SEGT/ON /4z BLOC. / LOT SUFFOL.4: COUNTYT.4X~L1.4F~ MAT7ITUGK ~TO`YNOE ''~OL1THOld ,Sl/FFOLeCO.w. © Wf ,QOBE.2T B..~/OL Z/A0.4/V LA'. tRq+ G/cENSEp LANO SU.2liEYO.e N ~00,-AV /j''~' /20S" H/ALNG/T AliENU~•• ~CK..%f bi /S/6J Scg9 - 026? LaATE ~ '1-28-OI•~}- SCgG E ~ ! ~~Q-•OF/CE- /000-/¢2• 2'] i t- Ro 11,1. - ' APPEALS BOARD MEMBERS SCOTT L. HARRIS t l Supervisor Gerard P. Goehringer, Chairman _ Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio. Jr. Southold, New York 11971 BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon application of SUN REFINING & MARKETING CO. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to the height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; District 1000, Section 142, Block 1, Lot 27. WHEREAS, a public hearing was held on November 1, 1990 and continued on November 29, 1990, in the Matter of the Application of SUN REFINING & MARKETING CO. under Appeal No. 3788; 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. The premises in question is a corner lot with 150.0 feet along the east side of Factory Avenue and with 198.0 feet along the north side of the Main Road, in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 142, Block 1, Lot 27. 2. The subject premises contains a total area of 24,139 sq. ft., is located in the "B" General Business Zone District, and is improved with a 30' x 66' principal building and two gasoline service (concrete) islands, all as shown on Drawing No. Page 2 - Appl. No. (/88 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 13-1318 (Rev. 11) as updated October 29, 1990, prepared by sun Refining & Marketing Company. 3. By this application, the appellant requests Variances: (a) to convert the existing principal building from gasoline sales and vehicle/engine repairs to gasoline sales and accessory convenience store for the on-premises sales of packaged food and nonfood items without on-premises food services, incidental to and in conjunction with the existing gasolineion service station use and (b) for approval of the locat of a new 30 ft. by 103 ft. canopy over new gasoline pumps/islands with its closest set-backs at 29 feet from the westerly property line along Factory Avenue and at 29 feet from the southerly property line along the Main Road, as shown on Drawing 13-1318-M (Rev. 2) dated September 14, 1988 (also revised May 7, 1990), at a height at not more than 18 feet above ground. 4. For the record, it is noted that under previous Action of this Board under Appl. No. 1225 rendered January 2, 1969, a Special Exception was granted for a gasoline service and indoor repair station. 5. In considering this application, it is the understanding of the Board Members that the items to be sold would include small variety store items, such as packaged and canned foods, magazines, refrigerated items, microwaved items, and the like. 6. The following information is also noted for the record: (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 three bay areas of the principal building, and gasoline sales at the 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; Page 3 - Appl. No. 3'188 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 (e) also noted is the interpretation of the board, as requested by the applicant, in that the subject canopy structure is an accessory structure, limited to the 18-ft. maximum height requirement {and not the height limitation for a principal building at 35 feet}, and subject, of course, to the rules as apply to accessory structures. 7. 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 and used as regulated by the General Business "B" Zone District; (b) the variance, as conditionally noted below, is the minimum necessary to afford relief; (c) the accessory use as authorized will not alter the essential character of the neighborhood; (d) the difficulties are unique, are not due to the general conditions of the neighborhood, and are not personal in nature; (e) there is no other feasible method for appellants to pursue other than a variance; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or of adjacent use districts; (g) 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) 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. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for permission to convert the existing principal building for sales of gasoline and related items, together with an accessory convenience store, SUBJECT TO THE FOLLOWING CONDITIONS: o C Page 4 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 1. No cooking, except by portable microwave; 2. No food preparation (must be pre-packaged - including cold cuts and sandwiches); 3. No table service or seating for public use; 4. No signs advertising the convenience store use, except by approval of the Board of Appeals; 5. All engine/vehicle repairs and/or car washing services must cease; 6. No drive-thru or drive in services; 7. Convenience store sales shall be limited to self-service (including vending machines, refrigerators); 8. Convenience store is permitted only as an accessory use incidental to the principal use as a gasoline service station (as proposed herein) and within the principal building only, and BE IT FURTHER RESOLVED, to GRANT a Variance for the canopy structure of a size 30 ft. by 103 ft., 29 feet from the westerly property line (along Factory Avenue) and 29 feet from the southerly property . line (along the State Highway), provided that the canopy structure not exceed 18 feet in height in the front yard area, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent was: Member Grigonis due to illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ,CHAIRMAN Sopthold Town BqAw~d of Appeals -9- January 2, 1969 shopping center located on the NIB corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York, consisting of a major supermarket, variety store, movie theater, bank, proposed V.S. post office, and 14 retail merchantile stores. They anticipate a high density of concentration of shoppers. By having a service station affiliated to their shopping center, they can afford the local shoppers, and the surrounding communities a complete shopping service. The Board finds that this service station must be subject to the Rules & Regulations for service stations. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the property in question meets the requirements for a gasoline service station and will not change , depreciate, or affect the properties in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that Cassella Builders, Inc., 504 Walt Whitman Road, Huntington Station, New York, be GRANTED approval of gas station site as applied for on property located on the north east corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York. This approval is granted subject to the Rules & Regulations for gasoline service stations. Vote of the Board: Ayes: Mr. Gillispie, Mr. Doyen, Mr. Grigonis Mr. Bergen disqualified himself - he was not present during the hearing. Opposed: Mr. Hulse. L9 * it et Iwr+ir; ~11 ti4 8:00 P.M. (E.S.T.), upon application of M.T. Cassella Builders, Inc., 504 Walt Whitman Road, Huntington Station, New York, for a variance in accordance with the zoning Ordinance, Article IV, Section 440-6 as it applies to Article IV, Section 400-1, for reduction in landscape area and increase in parking area for proposed Mattituck Shopping Center, Location of property: north east corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York, bounded north by Bethany Cemetery Assoc., east by Bethany Cemtery Assoc., south by Main Road, west by Factory Avenue. Fee paid $5.00. The Chairman opened the hearing by reading the application for variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant, The Chairman requested Mr. Cassella to amend sections 2 & 3 of the application to read as follows: Southold Town Bt- rd of Appeals -10- January 2, 1969 r- 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 there is no other shopping center near this area. 3. The variance would observe the spirit of the Ordinance and would not change the character of the district because: same as item 2. THE CHAIRMAN: This application concerns a 256 reduction in landscaped area to be used for additional parking space. If granted applicant seeks to gain an additional 150 to 250 parking spaces. Is there anyone present who wishes to speak for this application? MR. JACK DRISCOLL: I believe it is very important to have more parking for this shopping center, not only for now, but for its future needs. THE CHAIRMAN: Then you are for this application, is that correct? MR. DRISCOLL: Yes, Sir. THE CHAIRMAN: Anyone else wish to speak for this application, Mr. Cassella? MR. CASSELLA: I repeat my reason for application. It is necessary to have this additional parking to avoid congestion of parking on public streets. THE CHAIRMAN: Is there any relationship between your lenders and this application? MR. CASSELLA: Yes, basically, the more parking space the more acceptable it is to the lenders. The basic ratio of the number of cars to each acre is 60. THE CHAIRMAN: In other words, if you have 9.3 acres, you should have parking for 540 cars. MR. CASSELLA: Right. This is the bank appraisor's basic trend of figuring. THE CHAIRMAN: Mr. Terry, are you familiar with any of these formulas? MR. TERRY, BUILDING INSPECTOR: Well, actually every town is different. I think you should refer to the informal meeting they had with the Planning Board. THE CHAIRMAN: It is my impression that they were generally Southold Town B~ d of Appeals -11-~ January 2, 1969 favorable. After some discussion they agreed that a variance application should be made to the Board of Appeals, as was done. Anyone else wish to speak for this application? Are there any questions from any members of the Board? I think it should be pointed out that the area to the north west adjoining the proposed landscape area is owned by the Bethany Cemetery Assoc. Is there anyone who wishes to speak against this application? If not, I will offer a resolution to grant this appli- cation for reduction in landscaped area from 80' to 40'. The Board took a vote which ended in a tie. Favorable: Mr. Gillispie, 4fte=Barg®a Mr. Gam: g o n t s Adverse: Mr. Doyen, Mr. Hulse THE CHAIRMAN: We could reconsider it at a later date. But I think it should be pertinent for the members who voted against this application to express their reasons for disapproval, so we can determine whether or not there should be another hearing. MR. DOYEN: At the present time the Planning Board requires 25% of the area to be in landscaping. This is stated in their Rules & Regulations. If they are favorable towards this application, why then did they not amend their Rules & Regulations? I think the applicant is planning ahead too far. MR. HULSE: I agree, no hardship has been shown. MR. CASSELLA: Through past experience in my dealings with the planning and building of other shopping centers we have learned that you can never have too much parking area. The present area in our plans that we have alloted for parking will be obselete within a year. Even if you grant us this additional parking it will become obselete as the growth of Mattituck increases. For instance, I live directly across from the Walt Whitman Shopping Center in Huntington. They do not have enough parking for their present needs. The cars are parked on public streets within a 500 ft. radius of the shopping center. They even block my driveway frequently. The ratio of cars to an acre in Huntington Town is presently 60. They are now going to increase it to 80 cars to an acre. THE CHAIRMAN: I would like to offer a resoltion that the Board reconsider this application at this time. Is there anyone present who wishes to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests a reduction in landscaped area and increase in Southold Town Br,~xd of Appeals -12- , January 2, 1969 T parking area for proposed Mattituck Shopping Center, in accordance with the zoning ordinance, Article IV, Section 440-6 as it applies to Article Iv, Section 400-1. The Board finds that the present parking layout of the proposed shopping center may be obselete due to the . present population, growth, and summer tourists. The Shopping Center layout will presently accomodate 387 cars as required by the Town Ordinance. If the ordinance can be amended by the Board applicant would seek to gain 150 to 250 additional parking spaces. Therefore alleviating any possibility of inadequate parking, and avoiding any congested parking on the public streets. A perimeter reduction of 40 ft, on the northerly property line is requested. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Cassella Builders, Inc., 504 Walt Whitman Road, Huntington Station, New York, be GRANTED a reduction in landscape area and increase in parking area as applied for on property located on north east corner of Factory Avenue & Route 25 (Main Road), Mattituck, New York. Vote of the Board: Ayes:- All 8:15 P.M. (E.S.T.), upon application of Eastern Suffolk Nursing Home, North Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section 408a, and Article IVB, Section 441, for permission to erect ground sign on brick wall with insufiteient height above ground level. Location of property: south side North Road,__Greenport, New York, bounded north by North Road, east by King Greenport,Assoc., south by King Greenport Assoc., west by King Greenport Assoc. "Fe"aid $5.00. The Chairman opened the hea ring -by-reading the application for variance, legal notice of hearing, affidav ttesting to its publication in the official newspaper, and notice-,t\\ applicant. The Chairman requested Mr. Frank Salamone, applicants-,to amend sections 2 & 3 of application to read as follows: Southold Town b"Q~rd of Appeals -4- January 2, 1969 lot is located has been in existence for at least ten years. There t are four other properties with dwellings located thereon using it. The right-of-way is 50 feet wide, complying with Town development requirements. The Board finds that strict application of the'Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Giraud W. & Georgette Campo l1;-128 Hempstead Avenue, Lynbrook, New York, be GRANTED approval of access to private road in accordance with the State of New York Town Law, Section 280A. This approval is granted on the condition that the owner make the required repairs and improvements. such repairs and improvements will be subject,,to the approval of the Building Inspector, Location of property: private road off south side Bayview f Road, Southold, New York. ,Vote of the Board: Ayes:- All 7:45 P.M."(E.S.T.), upon application of M.T. Cassella Builders, Inc., 504 Walt Whitman Road, Huntington Station, New York, for a special exception in accordance with the Zoning Ordinance, Article IVA, Section 420-2c as it applies to Article IV, Section 400-1. for gasoline service station permit for proposed Mattituck Shopping Center, Location of property: north east corner of Factory Avenue, and Route 25 (Main Road), Mattituck, New York, bounded north by land of proposed Mattituck Shopping Center, east by land of proposed Mattituck Shopping Center, south by Main Road, west by Factory Avenue, Fee paid $5.00. The Chairman opened the hearing by reading the application for special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant.! The Chairman examined the blueprints for the proposed Mattituck Shopping Center and then read the "Rules and Regulations for Gasoline Service Stations." 1. No major repair to be done in the open. ( Southold Town .-~xd of Appeals -5- January 2, 1969 \ 2. Pumps, lubricating and other devices shall be located at least fifty (50) feet from the line of any street or highway, right-of-way or property line. 3. All fuel oil or other similar substances shall be stored at least 15 ft. distant from any street or lot lines. 4. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted. 5. Signs to be in accord with Article IVs Section 408 of the Building Zone Ordinance of the Town of Southold. 6. All storage tanks shall be buried underground. 7. No second hand or used vehicles to be sold on the premises without further special exception from the Board of Appeals. THE CHAIRMAN: I suppose a gasoline service station lease is one of the most valuable assets of any shopping center. But in view of the number of un-used gas stations there are in the Town, perhaps you could use this area for additional parking space instead of a gas f station? a MR. JACK DRISCOLL: How many closed gas stations are there in Mattituck? THE CHAIRMAN: I don;t know. MR. JACK DRISCOLL: Well, I can answer that. There are two. One of them should have been closed 20 years agar and the other one is in a bad locations right next to the railroad track. I think you will find that on Route 25 we have no closed gas stations. THE CHAIRMAN: Oh, yess we have some right here in Southold. MR. JACK DRISCOLL: I am not talking about Southold,, I am talking about Mattituck. I believe that a gas company would not build a service station unless they thought they were going to do a good business. THE CHAIRMAN: Are you one of the applicants? MR. JACK DRISCOLL: Nor I own this property. I am selling to Cassella Builders. 'Southold Town I rd of Appeals -6-~ January 2, 1969 ! THE CHAIRMAN; So, naturally you favor whatever they want? i~ 1,1R. JACK DRISCOLL: That is right. MR. THOMAS JAMES CASSELLA: My name is Thomas James Cassella, I represent Cassella Builders in this application. We have enough property to increase our parking area with no problem, without' eliminating the gas station site. lie have enough landscaped area. If the Board would waive the 25% requirement by allowing us to go back an additional 40 feet we could easily pick up 140 more parking spaces. We now have parking for 387 cars, if we could pick up this additional 140 spaces then we would have parking for approximately 520 cars. THE CHAZRIdAN: By going back an additional 40 feet here on this 80 ft. buffer zone (referring to blueprint) you could increase your parking by 140 cars? Ia. CASSELLA: That is right. (He explains how this can be done) The reason for the gas station site is for two very important reasons on my behalf. We intend to spend about a million and a half dollars as far as mortgages. A couple of our mortgagors or lenders requested ' that we have a gas station. The A&P for example requested a gas L station to help the economy of the vicinity of this area. THE CHAIRMAN: Is the A&P going to lease back from you? MR. CASSELLA: Yes, we have a 43 year lease with the A&P. A 15 year lease with four (4). 7 year options, which is already executed and signed. THE CHAIRMAN: The A&P is asking you to have a gas station, is that correct? MR. CASSELLA: Yes, they requested it on the grounds it would be an asset to their supermarket, as well as the variety store, movie theater, and the bank. THE CHAIRMAN: Do you know what bank it will be? MR. CASSELLA: We are negotiating with three banks at present. We have not yet decided. Federal Savings & Loan is one of them. As far as mortgaging purposes are concerned we stand in a far better position by having a major oil company. The more triple A rated tenants we get the better our mortgaging factor will be. Southold Town and of Appeals -7-~ January 2, 1969 THE CHAIRMAN: Did you say that this was one of the largest A&P stores ever built? MR. CASSELLA: It is 21,550,000 sq. ft., the largest ever built in the State of New York. THE CHAIRMAN: You also have plans for a variety store? MR. CASSELLA: Yes, a variety store, a theater, a post office, several retail stores, and we have three downtown Mattituck merchants interested in relocating. MRS. EUGSTER (a spectator): How large is the theater going to be ? MR. CASSELLA: The theater will seat approximately 350 persons. I think we have a good working plan here, I think it is going to be a boost to the community as well as a tax asset to the homeowners, it will reduce the tax burden on their part. THE CHAIRMAN: Mr. Driscoll, how is this property presently being taxed, as residential property? MR. DRISCOLL: No, I am presently being taxed for vacant business property. THE CHAIRMAN: Well, these blueprints look like they would meet the requirements for service stations, what hours will this station be open? MR. CASSELLA: I believe it will be open in conjunction with the other stores. MR. DRISCOLL: I think the A&P will more or less control the hours. MR. TERRY, BUILDING INSPECTOR: Yes, I agree. MR. CASSELLA: Now, I have one additional problem to cope with. In order for me to submit my bid to the post office, before January 10, I must submit a separate survey showing the exact location of the proposed usuage by the post office. I really cannot do that until the Board decides or approves the additional parking so that we can amend the existing plans. I may push the buildings back and add the additional parking to the front or we may add the additional parking to the back and keep the post office where it is. Of course this will have to be plotted on a drawing board, but however we decide to do it I will have to come back and get a quick approval from the Board of Appeals. Southold Town : ird of Appeals -8- January 2, 1969 THE CHAIRMAN: I don't think you need our approval because this l plot plan has been approved by the Planning Board. I don't think we are involved with the post office bid at all. MR. CASSELLA: I'm sorry, I thought we were discussing the other application for parking facilities. THE CHAIRMAN: No, the only way we came onto this subject was whether or not you would consider eliminating the gas station and using the space for additional parking, but you have developed the reasons why you need the gas station. Are there any other questions the Board would like to ask Mr. Cassella? If not, I would be glad to hear from anyone who objects to this application. MR. PETER J. WARREN: My name is Peter J. Marren, Laurel, N.Y. I object mainly because there are ample gas stations in Mattituck. I operate a service station in Laurel about ~,e mile west of this proposed shopping center. Another service station in the area would create a hardship for me. Not so much in the summer months, but very surely during the rest of the year. MRS. EUGSTER (a spectator): Yes, it would create a hardship for this man. THE CHAIRMAN: Which service station do you operate? MR. PETER J. WARREN: North Fork Shell. I am not against the shopping center, I am just against another service station in the area. THE CHAIRMAN: All right, I understand, is there anyone else who objects? MRS. EUGSTER (a spectator): Yes, I object. I was very glad to see Mr. warren open his service station. Before he did so I had to go all the way to Jamesport to get gas after 6 o'clock in the evening. THE CHAIRMAN: Is there anyone else who wishes to speak against this application? Any members of the Board wish to speak? (There was no response.) After investigation and inspection the Board finds that the applicant requests approval for gas station site. Applicant requests this approval in connection with the construction of the 9.3 acre pouthold Town Be+)d of Appeals -9- January 2 1969 shopping center located on the NIB corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York, consisting of a major e- supermarket, variety store, movie theater, bank, proposed U.S. post office, and 14 retail merchantile stores. They anticipate a high density of concentration of shoppers. By having a service station affiliated to their shopping center, they can afford the local shoppers, and the surrounding communities a complete shopping service. The Board finds that this service station must be subject to the Rules & Regulations for service stations. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the property in question meets the requirements for a gasoline service station and will not change , depreciate, or affect the properties in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that Cassella Builders, Inc., 504 Walt Whitman Road, Huntington Station, New York, be GRANTED approval of gas station site as applied for on property located on the north east corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York. This approval is granted subject to the Rules & Regulations for gasoline service stations. Vote of the Board: Ayes: Mr. Gillispie, Mr. Doyen, Mr. Grigonis Mr. Bergen disqualified himself - he was not present during the hearing. opposed: Mr. Hulse. ~1 b fir tF Y, 8 6" M. (E.S.T.), upon application of M.T. Cassella Builders, Inc., 504 Watt,Whitman Road, Huntington Station, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section 440-6 as it applies to-Article IV, section 400-1„for reduction in landscape area and increase.,in parking area for proposed Mattituck Shopping Center. Location of property: north east corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York, bounded north by Bethany Cemetery Assoc., east by Bethany Cemtery Assoc., south by Main Road, west by Factory Avenue. Fee.paid $5.00. The Chairman opened the hearing by reading the application for variance, legal notice of hearing, affidavit attesting to its publication in-the official newspaper, and notice to the.applicant. The Chairman requested Mr. Cassella to amend sections 2 & 3 of the application to read as follows: I I ~ ~LI~~~ ~ try TOWN OF SOUTHOLD, NEW YORIr,' DATE ...Ja uuy.. Y, 3,969 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1225 Dated Daeasnber 12. 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Cassella Builderes Inc. Appellant 304 Walt Whitman Road ftntington station, ftw York at a meeting of the Zoning Board of Appeals on the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7s45 P.M. (E. S. T.) , upon application of M. T. CeAsella Builders, Inc.. 504 wait Whitman Road, Huntington Station. New Yorke for a special exception in accordance with the Zoning Ordinance. Article Mo Section 420-2c as it applies to Article IVs section 400-1, for gasoline 3ervice station permit for proposed Mattituch Shopping Centex. Location of property% north east corner of Factory Averse and Route 25 (Kain Road), mattituck, Now Yorke bounded north, by land of proposed Hattituck shopping Canter, south by main Roads west by Factory Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because sn REVERSS (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 88S RMER88 (c) tThe variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because i . ..0145 REVERES ~ . 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 ( ) be reversed. ZONING_BOARD OF APPEALS FORDS ZB4 Zatt1r'=4bVll3-s. 6ecretaZ'y After investigation and inspection the Doar4 finds that the applicant requests approval fox gas station site. Applicant zequesto this approval in connection with the construction of the 9.3 acre shopping center located on the N/8 corner of Factory Avenue and Route 25 (Main Road)# Mattituck, Now York, consisting of a major supormarket, variety store, movie theater, bank, proposed U.B. post office, and 14 retail merchantiie stores. They anticipate a high density Af concentration of shoppers, By having a service station affiliated to their chopping center, they can afford the local shoppers, and tha surrounding comunitios a complete shopping service. ^ahe Board finds that this service station must be subject to the Rules & Regulations for service stations. The Board finds that strict application of the'Ordinancs will - produce practical difficulties or unnecessary hardshipr the hardship created is uniquer the property in question rAceta the requirements for a gasoline service station and will not change, depreciate, or affect the properties in the iaaaedinte vicinity of this property and in the same use dictricti and the variance does observe the spirit of the Ordinance and will not change the character of the district, Therefore, it was REsoLVBD that Casaelin Builders# Inc., 504 Walt Whitman Road, Huntington station, New York, be GRANTED approval of gas station site as applied for on property located on the north east corner of Tactory Avenue and Route 25 (Main Road), Nattituck, _ per York. Thin approval is granted subject to the Rules & Regulations for gasoline service stations. 3. No major repair work to be done in the open. 2, pumps* lubricating and other devices shall be located at r least fifty 50) feet from the line of any street or highway, riot- line, 3, All fuel oil or cther similar substances shall be staved at least 15 ft, distant from any street or lot lines. 49 tic automobiles, or autoeobile parto, dismantled or damaged "hioles and sim" as articles shall be stored in the open and no psskiaag of vahicles other than those being serviced shall be perstitt" S, algae to be in accord with article NO Seation 408y( of the Euildin Zone Ordinance of the Town of Southold. d. All stornga tanks shall be buried underground. 9. 9o second hand or used Vehicles to be sold on the presaises without fnrthex spacial exception from the Board of 4ppeals. At a meeting on April 3, 1969, a motion was made and carried to correct error in item # 2 (above). It should read as follows: devices 2. Pumps, lubricating, and other ssm:UaxxnxUxtaneus shall be located xxzxm2wat least 15 feet from the line of any streetbr highway, right-of-way or property line. 0 .0 ~oS~FFOLK.o APPEALS BOARD MEMBERS ~O va Southold Town Hall Gerard P. Goehringer, Chairman ca T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Roberti A. Villa -y~~l [ ~a0! Southold, 765- 71 1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD DECISION RENDERED: January 4, 1995 APPL. #4290. APPLICANT: Warex Terminal Corp. LOCATION OF PROPERTY: 9945 Main Road, Mattituck, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 142, BLOCK 1, LOT 27. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 11/2/94. "Accessory structure(s) shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article X, Section 100-101C(1). RELIEF REQUESTED: Canopy structure over existing gasoline pumps which are located in the front yard area and more particularly shown on Drawing 9427-LD dated 9/22/94 prepared by W. Wade, P.E. and Louis DeRonde of Petroleum Associates. MOTION MADE BY: Robert A. Villa SECONDED BY: James Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Approved location of accessory canopy structure as shown on 9/22/94 drawing, provided: (1) peak of greatest lighting be limited to periods during regular, business hours when open to the public; (2) setback no less than 11'5" to the property line as applied; (3) subject to other applicable fire and safety requirements as determined by the Building Inspector. Canopy structure shall be surface-mounted as deemed appropriate by the Building Inspector. REASONS/ FINDINGS: Gasoline pumps and islands are existing. Canopy is an open, roof-type structure rather than a fully enclosed structure; the canopy does not cause obstructions for egress or ingress within the parcel. Placement of a canopy structure is not an expansion of use and does not create additional parking under code regulations. Property received Special Exception approval on December 12, 1968 by the Board of Appeals under Appl. No. 1225. (The sale of vehicles is prohibited and is not a request under this application.) The property contains two front yards and virtually has no rear yard under the definitions and setbacks of the Southold Town Zoning Code. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member. . This resolution was duly adopted. G~1z ' IGERA I) P. GOE RINGER, CHAIRMAN AND a 5 1-10U Tcntn Cierk, Tc;;,n 01 _;old / Ur • cr ~ COUNTY OF SUFFOLK 0 y~ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING January 30, 1995 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) North Fork Beach Condominiums 4287 Warex Terminal Corp. 4290 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (5161853-5192 FAX (516) 853-4044 0 0 FOLKcOG APPEALS BOARD MEMBERS yo y~ Southold Town Hall Gerard P. Goehringer, Chairman y 53095 Main Road Serge Doyen, Jr. WD 4L~ P.O. Box 1179 James Dinizio, Jr, Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article X Section 100-1O1C(1) Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4290 Applicant: Warex Terminal Corp. Location of Affected Land: 9945 Main Rd., Mattituck, NY County Tax Map Item No.: 10 00 - 142-1-27 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX 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 Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to construct canopy structure over existing gasoline pumps which are located in the front yard area. Copies of Town file and related documents enclosed for your review. Dated: January 24, 1995 ~g~fFO(K~o APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H 53095 Main Road Serge Doyen, Jr. lb P.O. Box 1179 James Dinizio, Jr. AAOl Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 20, 1995 Mr. Louis DeRonde Petroleum Associates 29 Mowbray Avenue Bay Shore, NY 11706 Re: Appl. No. 4290 - Canopy Structure, Main Road, Mattituck Dear Mr. DeRonde: Please find enclosed a copy of the determination rendered by the Board of Appeals at our January 4, 1995 Regular Meeting and filed with the Town Clerk's Office concerning the above-noted application. A copy of this determination has been furnished to the Southold Town Building Department pertaining to your original building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure your building permit application request is returned to their processing rack before commencing any construction activity. Also, you may know, this project is located within 500 feet of a State 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 Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning ow- H.34ei FW „ - - wig A - r ~~Sw)FFO(KCap APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H = 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~l Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 20, 1995 Mr. Louis DeRonde /I e u 6 a 4 3 C Petroleum Associates 29 Mowbray Avenue Bay Shore, NY 11706 Re: Appl. No. 4290 - Canopy Structure, Main Road, Mattituck Dear Mr. DeRonde: Please find enclosed a copy of the determination rendered by the Board of Appeals at our January 4, 1995 Regular Meeting and filed with the Town Clerk's Office concerning the above-noted application. A copy of this determination has been furnished to the Southold Town Building Department pertaining to your original building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure your building permit application request is returned to their processing rack before commencing any construction activity. Also, you may know, this project is located within 500 feet of a State 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 Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, 'LL" inda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning 0 ~~SOFFOLIr APPEALS BOARD MEMBERS y0 y` o Southold Town Hall Gerard P. Goehringer, Chairman H 53095 Main Road Serge Doyen, Jr. AV P.O. Box 1179 James Dinizio, Jr. y Ot Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD DECISION RENDERED: January 4, 1995 APPL. #4290. APPLICANT: Warex Terminal Corp. LOCATION OF PROPERTY: 9945 Main Road, Mattituck, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 142, BLOCK 1, LOT 27. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 11/2/94. "Accessory structure(s) shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article X, Section 100-101C(1). RELIEF REQUESTED: Canopy structure over existing gasoline pumps which are located in the front yard area and more particularly shown on Drawing 9427-LD dated 9/22/94 prepared by W. Wade, P.E. and Louis DeRonde of Petroleum Associates. MOTION MADE BY: Robert A. Villa SECONDED BY: James Dinizio, Jr. ACTION /RESOLUTION ADOPTED: Approved location of accessory canopy structure as shown on 9/22/94 drawing, provided: (1) peak of greatest lighting be limited to periods during regular, business hours when open to the public; (2) setback no less than 1115" to the property line as applied; (3) subject to other applicable fire and safety requirements as determined by the Building Inspector. Canopy structure shall be surface-mounted as deemed appropriate by the Building Inspector. REASONS/ FINDINGS: Gasoline pumps and islands are existing. Canopy is an open, roof-type structure rather than a fully enclosed structure; the canopy does not cause obstructions for egress or ingress within the parcel. Placement of a canopy structure is not an expansion of use and does not create additional parking under code regulations. Property received Special Exception approval on December 12, 1968 by the Board of Appeals under Appl. No. 1225. (The sale of vehicles is prohibited and is not a request under this application.) The property contains two front yards and virtually has no rear yard under the definitions and setbacks of the Southold Town Zoning Code. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member. This resolution was duly adopted. . GEED P. GNGER, CHAIR A N TRANSMISSION RESULT REPORT ....................(JAN 23 '95 12:31PM)................. SOAD TOWN HALL 516 765 1823 (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JAN 23 12:30PM 6655636 00'53" OK S 01 006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL )BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING Page 8 - Hearing TrAript Regular Meeting of January 4, 1995 Southold Town Board of Appeals BOB VILLA: Is this one story? WILLIAM SMITH: Yeah, its one story. BOB VILLA: That's all. MR. CHAIRMAN: OK. Is there anybody else that would like to speak in favor of this application? Anybody like to speak against the application. Boy! We're getting, we're doing alright here Bill. WILLIAM SMITH: Not bad today. MR. CHAIRMAN: I'll make a, I'll offer resolution approving as applied for. JIM DINILIO: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: Have a lovely evening. WILLIAM SMITH: OK, thank you. MR. CHAIRMAN: You're welcome. 7:44 P.M. Application No. 4290 - WAREX TERMINALS CORP. MR. CHAIRMAN: Request for a Variance under Article X, Section 100-101C, ref. 100-33, for permission to locate a canopy structure over existing gasoline pumps in an area other than the rear yard. Property: 9945 Main Road, Mattituck; Parcel ID 1000-142-1-27. I have a copy of the site plan dated 9/22/94 indicating an approximate canopy over the two existing pump islands of approximately 43 x 29 and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? Page 9 - Hearing TrAlaript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals JERRY KNIGHT: Good evening, my name is Jerry Knight, Marketing Manager with Warel Terminals who are requesting permission for the canopy over the pump islands at the service station, primarily for the convenience of the customers in crummy weather and also for the employees that do work there also. This station is self-service and also full-service. MR. CHAIRMAN: Over the years we have heard all kinds of reasons for canopies. Some of them were to support repression systems which a, I don't know, we run the gambit on the whole issue, alright? JERRY KNIGHT: Right. MR. CHAIRMAN: I, of course utilize the station living in Mattituck and at the same time spent some time looking at it. It, its certainly a, there are pros and cons about canopies. There's no question about it. You can't say that this isn't an urban area because it certainly is in reference to being downtown. It does not appear to be a terribly blatant one in reference to size. Can you tell us the approximate height of it? JERRY KNIGHT: 14 feet 6 inches. You need it high enough for a trunk. MR. CHAIRMAN: Sure and we'll see what the Board has to say. Does anybody have any questions of this nice gentleman? BOB VILLA: Well, it's going to be lighted underneath the canopy. Is all that directly down with no lateral. JERRY KNIGHT: Yes, it will be directly down. MR. CHAIRMAN: That was one of the problems that we had had with a, it appears that the engineers that develop these have a tendency Page 10 - Hearing Trescript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals to over light them and we've experienced that in other areas of the town. JERRY KNIGHT. With LILCO rates we will have to over light because they're going to get quite costly. MR. CHAIRMAN: I'm sure it does. JERRY KNIGHT: The electric rates that run in service stations. MR. CHAIRMAN: Alright. BOB VILLA: Now, always when your service stations close will the lights be JERRY KNIGHT: They'll be off. BOB VILLA: Just have security lighting at that point? JERRY KNIGHT: Yes, there will just be you know, the building would be slightly lit up and that would basically be it. There wouldn't be any lighting other than that. MR. CHAIRMAN: From a sales point of view, do you, you actually find it more beneficial in the long run for JERRY KNIGHT: Statistics, if you can believe the statistics. They say that you would increase some, some volume about 15%. Whether that's true or not I don't know. I guess it would depend. Statistically they claim that but primarily for the customers stand point in a self-service situation it's really more of a convenience for them. I would, you'd have the rain coming at least down entirely on them and also being that half of the station is full-served for the people that do work there, they don't have to get soaked every time a car comes in ( So, you know, sales are important, but Page 11 - Hearing Tra3fseript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals I think for the people that do work there, do shop work there, is more important for that. MR. CHAIRMAN: Sure, Alright, any other questions of this gentleman? JIM DINIZIO: What would be the distance from the property line? JERRY KNIGHT: 43 feet. JIM DINIZIO: From the front road. JERRY KNIGHT: From the back area its 22 feet. The front yard is 11.5. JIM DINIZIO: 11.5 to the rear property line? JERRY KNIGHT: To the rear property line. I'd just like to point out that this is, there are no other alterations being done on the property except putting the structural canopy over what's existing there presently which are the two pump islands. MR. CHAIRMAN: Well, all of the pumps have been serviced. All the tanks have been serviced within this facility already. You're not extricating any tanks, putting any new tanks or anything of that nature. JERRY KNIGHT: No, this is strictly above ground. MR. CHAIRMAN: Its a self-supporting structure and it can be put in over the top of the existing tanks as they stand now so on and so forth. JERRY KNIGHT: Well the tanks are actually on the other corner. MR. CHAIRMAN: Yes, there over on the other corner. JERRY KNIGHT: They're up to Suffolk County. Health Department rules. Page 12 - Hearing TraTiscript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals MR. CHAIRMANL: Not that it makes any difference really, because whatever you have to do you have to do. That's the issue. MEMBER WILTON: Are there extinguishing systems built into this canopy in case of fire? JERRY KNIGHT: Yes, as required by the Town of Southold. It has to be as ( ) . Suffolk County also has laws, Nassau too, where they have an extinguishing system in the canopy itself to extinguish out any fires. Nassau is even worse in a sense, not worse, but they require closed circuit TVs. MR. CHAIRMAN: Oh really. JERRY KNIGHT: Yeah, which I think is not necessary. MEMBER WILTON: On the face of the canopies there'll be no writing then. Its all going to be downward. It's all going to be underneath the cabinets itself. JERRY KNIGHT: Everything is serviced now, underneath the facia of the cabinet. MR. CHAIRMAN: Is the edge of the canopy like a mansard type of edge, on a slant? JERRY KNIGHT: Yes, it's approximately 2 foot 6 inches in depth. MR. CHAIRMAN: Alright. Do you want to kick this around later gentlemen or what do you want to do? JIM DINIZIO: Well, I ( ) saw so many pictures. Remember the last time? (jokingly) MR. CHAIRMAN: We went through a approximately a 4 hour Suffolk County, Nassau County tour. I assure you we've done the gamut on Page 13 - Hearing Transcript Regular Meeting of January 4, 1995 Southold Town Board of Appeals canopies. We've run the gamut on this rather. Who would like to offer the resolution? MEMBER VILLA: I'll make the motion. MEMBER DINIZIO: I'll second it. MR. CHAIRMAN: Alright, I have a motion and a second, all in favor? MEMBERS: Aye. 7:55 P.M. Application No. 4287 - NORTH FORK BEACH CONDOMINIUMS Mr. Chairman: (Carryover from December 7, 1994). Request to install swimming pool in an area other than the required rear yard at 52325 C.R. 48, Southold; 1000-135.1-1-43. Is there someone here? How are you tonight, Sir? You did you test the holes and all of that stuff? MR. CALLAHAN: Yes. MR. CHAIRMAN: You didn't find any a, no pools up there? Mr. CALLAHAN: No pools up there. MR. CHAIRMAN: So where in the realm basically of the new plan that you've given us. Good, excellent. Anybody have any questions of Mr. Callahan? MEMBER VILLA: Now, it's right behind that concrete pad. MR. CALLAHAN: Right. MR. CHAIRMAN: I, I think it's a great location. I really do. MR. CALLAHAN: It, it worked out very well with that suggestion. i ~ ~fl s4r. REr FULL 1• • to' Sf.% ad~. SEPVE , ~ tE , _ 7 - , 0 C, C) `(re-,z I - Lf A BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application DEC 2 1994 Of WAREX TERMINALS CORP. -----------------------------------x CONFIRMATION OF POSTING I, Gerry Knight , residing at 1013 N_ Mon rnp Ave. Lindenhurst, NY 11757 , and, being duly sworn, depose and say: That on the 29thday of December, 1994, 1 personally posted the property known as "9945 Main Road and Factory Avenue, Mattituck, NY" by placing the Town's official poster notice on Main Rd., Mattituck facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December 29, 1994. Q / aE an l 4Y~ (signature i 0 ~~S~fFO(kCOG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman w z 53095 Main Road Serge Doyen, Jr. ~+0 P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. y Al Robert A. Villa ~~l[ ~Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 23, 1994 Mr. Louis DeRonde Warex Terminals Corp. 29 Mowbray Avenue Bay Shore, NY 11706 Re: App. No. 4290 - Variance for Canopy Location Dear Mr. DeRonde: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, January 4, 1995 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front building or other front yard structure where it can be easily seen by the traveling public from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of WAREX TERMINALS CORP. -----------------------------------x CONFIRMATION OF POSTING I, residing at and, being duly sworn, depose and say: That on the day of December, 1994, I personally posted the property known as "9945 Main Road and E/s Factory Avvenue, Mattituck, NY" by placing the Town's official poster notice on facing the County Road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December , 1994. (signature) ~~gpfFOLKCo APPEALS BOARD MEMBERS ~O G,y Southold Town Hall Gerard P. Goehringer, Chairman to z 53095 Main Road Serge Doyen, Jr. W~ P.O. Box 1179 71 James A. Villa r y~01 ~aO~ Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 20, 1994 r` Mr. Louis De o de 16 Victoria Dr e Amityville, N 1701 Re: App. No. 4260 - Warex Terminals Corporation Dear Mr. DeRonde: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, January 4, 1995 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front building or other front yard structure where it can be easily seen by the traveling public from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures • • BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of WAREX TERMINALS CORP. -----------------------------------x CONFIRMATION OF POSTING I, residing at and, being duly sworn, depose and say: That on the day of December, 1994, I personally posted the property known as "9945 Main Road and Factory Avenue, Mattituck, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December , 1994. (signature) COUNTY OF SUFFOLK SIAT OT NFW YORK ss: Tini Kelly, being duly sworn, says that he is the Witor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once eachweekfor weeks Successively, commencing on the 19..r..`.' day of Sworn to be ore me this day of x,,........................19. r I Notary Public BARBARA A. SCHNEIDER NOTARY PL'5LIC, State of New York No. 480u846 NOTICE OF PI RI IC ) HEARINGS / ^X 9-11.8:15 p.m. Application W NOTICE IS HEREBY 5. 7:50 p.m.Appl. No. for Variances requested by WILLIAM F. GASSER con- GIVEN, pursuant to Section 4286- JOEL AND MARGA- coming his property known and, 267 of the Town Law and the RET LAUBER (COREY referred to as the American Code of die TOwn of Southold, CREEK VINEYARDS). Armored Tank Museum, 640 that the die Tohew. following public (Carryover from December 7, Love Lane and the south side ings will be held by the 1994). Request for Special Ex- ofCounty Route 48, Matutuck, Southold Town Board of AIL ception to establish winery Use NY; County Tax Map Parcel peals at the Southold Town for the sale of wine produced No. 1000-140.2-16Jocatedkin Hell, 53095 Main Road, from grapes grown on the ex- istingVineyardwherelbepl0-. theHamletBusinessZoneDis- Southold,NewYork 11971, on posed Winery is to be located. trict, which requests me noted WgDNE_SDAY.3ANLIARY Location of Property: Consist- as follows: 4. 1995. commencing at the ing of a minimum of ten (10) 9; Appl. No, 4260. Request tines specified below: acres of land referred to as for Variance under Article DC, - 1: 7:30 p.m. Appl. No. 45470 Main Road, Southold, Section 100-91C(l) based upon 4248, 'JACK. AND CHRIS NY; County Tax Mao No. the July 12, 1994 Notice of GISMONDI. Request for a 1000-75-6.9.7 and 9.6. Disapproval issued by the Varianmunder Article l,Sec ..6.. 9:00 p.m. AppI. No. Building Inspector for the Pion 100-30A(1) for approval of 4293- EDWARD J. placement of accessory tower the location of an accessory MUNSON. Request fora Vari- structure which is required to swimming pool, above ground - once under Article IIIA, Sec- be located in a rear yard with a as built, in a yard area other tion 100.30A.3 based upon the setback as per Section 100. than the required rear yard, at December 7, 1994 Notice of 33B(2) at five feet, from the premises known w 565Slndion Disapproval issued by the property line; Neck Road, Peconiu, NY; Building Inspector for permis- 10. AppI. No. 4261. Request County Tax Map Parcel No. sion to construct addition to for Variance under Article 1000-86-6-14. (Setback from dwelling which will havean in- XXIII, Section' 100-231A property lines, when located in sufficient sideyard setback at based upon the July 12, 1994 a yard area other than a rear less than the required 15 feet, Notice of Disapproval for the yard, shelf be determined by the and total side yards at less than height of the fence which ex- Board of Appeals.) the required 25 feet. Location cess the required height limi 2.7:35 p.m. Appl.No4289- of Property: 1545 Oaklawn tation; WILLIAM AND VERA Avenue, Southold, NY; 11. AppINo:4262•Reques[ SMITH. Request for aVari- County Tax Map Parcel No. for Variance under Article IX, ante under Article IIIA, Sec- 1000-70-3-5. `Containing Section 100-93:based . upon the tion 100.30A.3 based upon the 10,400 sq. ft. of land area. „Ju1y.l2 1.994 ..'Nothatof Disap October 28, 1994 Notice of 7. 8:05; p.m. AppI. No. Prove] for the outsiAe storage Disapproval issued by the 4292- JAY; AND,. MARY or display which is not. permit. Building Inspector, forpemris- THOMSON: Request for a red in this Hamlet-Business sion to construct addition to Variance under Article IIIA, Zone District existing building which will Section 100-30A.3 based upon The Board of Appeals will have an insufficient front yard the November 30, 1994 Notice at said time and place hear any setback. Location of Property: of Disapproval issued by the and all Persons or re Preents-980 Bayview Avenue, . Building trues dashing. heard in the Matti[uck, NY; County Tax si sion to to construct troct addition to to above mothers. Written tom-, Map Parcel No. 1000-.106.10- existing dwelling which will ments. may also be submitted 17. exceed the maximum lot cov- prior to the conclusion of the r+r AREVpmT Appl. No 4290- erege limitations. Location of subject hearing. Basch hearing Property: 695 Payshore Road, will not start before the tines S,,QAE.Request for a Variance Greenport, NY; County Tax desi8rtated above. If you wish under Article X, Section 100= Map Parcel No. 1000-53-6-14. to review any017the above files 101C,ref. 100-33;fgrpennis- <g. g:]Op.m. AppI. No.~4291. or would like to request more sion to locate a cariopy swc JAMES M. AND ELAINE infortnation,pleasedonothesi tore over er existing ing gasoline O'KEEFE.` Request for a Spe- fate to cell 765-1809 oryisitoW pumps in an area other than the office., rear yard. Location of Procial Exception under Article IIIA, Section 100-30B to carob. Dated: December 16,1994 9945 NY; Main Road, Map Parcel l lish Bed and Breakfast use as ' BY ORDER OF THE N County Tax Map Par an accessory incidental to the SOUTHOLD TOWN 4. 7:45 No. 1000-142-1-27. 7:45 4p.m. Appl applicant's single-family resi- NORTH . No. dente and ownership of dwell- BOARD OF APPEALS 4287- NORTH FORK ing located at 54300 C.R. 48, GERARD P. D BEACH CONDOMINIUMS. Southold, NY; County Tax GOEHRINGER,tCHAIR. (Carryover from December 7, Map Parcel No. 1000.52-3-1. - MAN 1994). Request to install swim- Zone District: R-40 Low-Dgn- By: Linda Kowalski o ming pool at 52325 C.R. 48. sity Residential. - IX-1222/94 Southold, NY; 1000-135.1-1- 43. :i li fi alaac yr ncvv IVA&) ) SS: ~O COUNTY OF SUFFOLK ) f~ Ipl~be~t . noullooL Wove mPosood dwte balk k a pmdueed fmm Smino grown on the Posed No. Density eu&ooO Desks. like tom some intormatlon, of MattltRCk, yad m steer um se S yv., esisliog is Yrayad wywbn. tlc.ps im R40Low 9-11. p . Application d please do ot " not memento call M6.1809 yard. at premium known wn as a 365633 . Winery m be Intend. locatiau of of 9-11. 8:: 15 11 p.m. Application fa avNlaroffia. In said Comfy, belDg duly mvorn, says that be/she 4 Indian Neck Road. Peennie,. t Propmy: comipy ¢A rebio~ of i Vermont talraed by WILLIAM Jr. neat Desva6u76. 19%. Principal Clerk of THE SUFFOLK TIMES, a Weekly Corry Tot A - Pamtl Na 10~W Mo 410) noes of Ltid reports m m ` GASSER concerning his property BY ORDPR OF7msoL MOLJ) 6-14. (Setback fmm property Iinsm 45470 Man Be", Southold. N.Y.; known and annual an as the Agendas TOWN BOARD OFAPPBAL9 Newapaper, published at MaRitodl, in the Town of who nomad in a fund au other lrno County Tan MapNo..1000-75-6-9.7 Amomed Task Masenm, 640 Loo GBRARD P. OOEBRINGER Southold, County of Suffolk and State of New York, a mr yard, shag be dame Toed by th md9.6. - Lane wad she shad, side of county = CHAIRMAN Bosh ¢Appdt) - - 'b. 8:00 p.m. Aypl. No. 4293 - Rase 48, Mamhd, N.Y.; Cooly Tan x By lands Kowalski and that the Notice of which the annexed L a 2. 7:40 p.m. Appl. No. 4289 - EDWARD J. MUNSON. Request for Map Pawl No. 1000-140.2-16 hrmkd glgi1TD22 plated copy, ltas been regularly pebl4~ed to said WILLIAM and VRRA SMITH. Yampa under Article IIIA. Section in the Humid Burnor Tar District l -Request fa a Vaeisnce ando Article 100-30A.3 bred open at December which angonbae madr ftlbws: Newspaper once each week Eor weeks DIA. Sued= 100.30A.3 bond upon 7,.1994 Notice of Disapproval brad (9) Appl. No. 4260 - Regaes fa successively, comm{J1CfnR the October 28, 19% Notice of Ds- by do Building tupecmr for peneio Variance under Article IX, Section / BJ"A~LIL _ on the day of approval bound by the Building lo- siu to comouct addition an dwelling 100.91C(1) based upon the July 12, 1 spatter, for puminks, to amanuet which will bare an insufficient side- 1994 Notice of Dsppoval bead by l/1'f J addition to esiating building which - yard amak u lost dust the rtquhad the Building Impostor for tle place- hiehamamd8rnttavytvWse, -IS lent rub ash abpeyammkr than ment of accessory lower structure _ back. Location of properly 980 the required 25.feel. Location of which is required to be loaldem a nor CNRI311Np VQL1NSX1 Bayvier ArcaneMaddock, N.Y.; properly 1545 Oaklawn Avenue. yW wddiamobakosSeam IM Wj k" 4 exists j Coavry Tau Mal, Purnell No.' 1000 Southold. N.Y.; County Tax Map 33B(2) a five But fpm th poppy Notary P No. Stets8 New .Jac-10,•JY..,., : _Parcm No. 1000'*3-5. Containing bier: Qualified in Suffolk C0lYay ~/~~J(/n Prins -3.7AOySsvNppl.''Nb.'4d290,.-i40A%)%R¢ .htid. . (10)APpk Ne. 1761-RegaeN for CornlIuMion E.WoaNOVBmaMO lap ifILt1~ ~C* wARRr TRamaDrAr4~CGRY~ 7.8:05 pm App!. Na.1292-JAY Valence radon Article XXIO, Settler Request .aa vatrmnewanawruca and MARY T90kMMV.Estates fa 190. band open use July th12, e X. Section lOO-1gIC, diO633, fa '1 Vrimm adu Article SIA. Section 1994 t Notice ¢ the do of Disapproval 11 which at goo the pswlsiao g: pond us poWm'me 70630AJ boned wen the November height ftuoe which oan pe T PUBLIC HEREBY68 soon du domino Ptrwp Lin - by the ! WNuke of Disapproved based nN 11) ApbdOlwAidok pl. No. 4 62 Estates NOTICE ICe 1 IS NER88Y G[VBN, mon o'P~M1mlhe mryad Laatlm-Ybytheq aMtimt perBemis- (NAppner rticle fa Notary Public n :3Pmaanm to Secdoo 267 Of the Tom of r1y: 9943 h1W ' Road, • dim1st:coattrattadditionm ealsmtg Variance under Article DL Section Law and He Code of the Town of - ,4191#1nek, N Y Cp,or,4, x Map dmHvg wkitb will emend the moo 100.93 hued smoshe fJy 14 1994 v1 SOU1b1A. nor use following public` ,PmWNw'J000.1424d7. x f~ nmloleo`mege dbetim.Laoasba Notiee¢DinppmvW faJheamb6e Sworn a 1hearnga will be held by-the /.'PJ:43'pa Appl: po.eY287 - of Prophly:-695 Bsyshom Road, smtgeard**vdchbmpamw - ON-r' -,=O rt. N.Y.; County Tax Map led it this Hmkt-BWws Zone - day of J SOUTROLD TOWN BOARD OF .,-NORTH ,*sORR il"CH C 2 DONDffUMS. (CarJ°nm boas Do- ' Bound No. [ODD 534-14. - Dmht - . ? APPRAISmsa SoodoMTOmHaR , _ ''53095 Main Road. Southold, New eember 7;:1990.,Regmm n Lmml aa%, L 8:10 p.m. Appl. No. 4291.. The Braid of Appeals will m and ~YOrk 11971. on-WZDNRSDAY, swiominnuml m S2325 C.R. 49, 'JAMES YAMES M. and EAei60KEEF'S. OmemdpbmbeamyardNpasme 'JANUARY 4. 1993, commenting st - - SamhokI N.Y41000.135.1-1-43. Rapes for a SprdY Exception adder or rpmuletlws dnRiegan be had gel®es - S. 7:30 p.m. Appl. No.-4286 - Artrre MA. Seaoi 100808 m sob L the above numbers. Writes com- 1. 7:30 p m, ADD1. NO. 42M ,JOA. and MA=AMU [AGREE fish Bed and Brmkbm mom asixes - rem may also be mbmWed print an JACK and CHRIS GISNONDI., (CORKY CRBR[ VRbRYARDS). ray incidental the h. - cated a and d own.p of Each hod ed sem motts *I _ for Beer December 7m 0. }bbm0y o ownership of Each hearing wig M mat hot= the IS, Request for a Variants moor roek (Conymar IS, Saban 10 c for pp R Who r, Use for r the m dab u so ¢ r wine dwelling lentad a 54300 p timec g errad boa. Hyam t wY an Tax .R Tax Map aviecrasir ary¢He Wow ash a wands a sot location of ¢ an m attestory swim- gA ad Wiry, ne the wine Southold, N.Y.; Cunty C.R. i WAREX TERMINALS CORPORATION Formerly Mid-Valley Petroleum Corporation Terminal P.O. Box 488, Newburgh, N.Y. 12551 River Road (914) 561-4000 New Windsor, N.Y.12550 December 15, 1994 DEC 2 91994 Town of Southold Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Warex Corp. Citgo Service Station 9945 Main Road & Factory Mattituck, NY Proposed Canopy To Whom It May Concern: The following corporate officers of Warex Corporation affirm they have no affiliation with any agency of the Town of Southold with interest in the above application. President Au q(d st R Schiesser 1 Vice President U F,dwa d Cuccurul o Secretary/Treasurer d anne Conley /ds NEW YORK DEC 2 9 IJ.94 No. 0013-1318 ( i)U Page One of Two BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS SUN COMPANY, INC. (R&M), a Pennsylvania Corporation, formerly Sun Refining and Marketing Company, Inc., a Pennsylvania Corporation, successor by merger to ARDPROP, Inc., a Delaware Corporation, 1801 Market Street, Philadelphia, Pennsylvania 19103, GRANTOR, for and in consideration of the sum of Four Hundred Fifty Thousand Dollars ($450,000.00) the receipt of which is hereby rj -cknow:edged, grants and releases to Warex Terminals Corporation, a New York Corporation, 1 South Water Street, Newburgh, New York, GRANTEE, the heirs or successors and assigns of Grantee, forever, all that certain parcel of Real Estate situate at Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly described in Exhibit "A" attached hereto and made a part hereof, BEING the same premises conveyed to ARDPROP, Inc., a Delaware Corporation by m Deed dated June 5, 1969 from Mattituck Shopping Center, Inc. and recorded June 11, 1969, Suffolk County, New York, Liber 6563, Page 542. Subject to easements, restrictions and conditions of record, easements or restrictions visible upon the ground and any state of facts which an accurate survey would disclose. This conveyance is made in the normal course of business of the Grantor herein, and does not constitute the sale of all or substantially all of the assets of the Corporation. G. TOGETHER with all right, title and interest, if any, of the Grantor in and to any C) streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the Grantee, the heirs or successors and assigns of the Grantee forever. AND the Grantor covenants that the Grantor has not done or suffered anything whereby the premises have been encumbered in any way whatever, except as aforesaid. AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the 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 of the total of the same for any other purpose. CS-B&S.599 1 (Revised 4/94) July 5, 1994 - NEW YORK - Bargain and Sale W/Covenants No. 0013-1318 Page Two of Two IN WITNESS WHEREOF, SUN COMPANY, INC. (R&M) has set its hand and seal this 14 TN' day of 1994. SUN COMPANY, INC. (R&M) BY: Daniel I. Hug e Director, Real Estate & Special Projects ATTEST: C es G. Assis ecre STATE OF PENNSYLVANIA ) SS COUNTY OF PHILADELPHIA On this 14TH day of 1914, before me personally came Daniel I. Hughes to me known, AM, being by me duly sworn did depose and say that he resides at Moorestown, New Jersey; that he is the Director, Real Estate & Special Projects of Sun Company, Inc. (R&M), the corporation described in and which executed the foregoing instrument; that he knows the seal of the 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 the corporation, and that he signed his name thereto by like order. -.:K 1801 v.. &xue~ 1 P Po`.-19 Notarial Seal Notary Public Daniel Roy Muff, Jr., Notary Public Philadelphia, Philadelphia County My Commission Expires March 16, 1998 My Commission Expires: Member, PenrwAvaniaAssodabon o1 Notaries THIS INSTRUMENT PREPARED BY: Charles G. Schanz TEN PENN CENTER, 1801 MARKET STREET, PHILADELPHIA, PENNSYLVANIA 19103-1699. CS-B&5.599 2 (Revised 4/94) July 5, 1994 11692PM24 Exhibit "A" to Bargain and Sale Deed X/Covenant Against Grantor's Acts dated the-mm day of ~1.1 19Wfrom Sun Company, Inc. (R&M), Grantor to Warex Terminals Corporation, Grantee. BEGINNING at the corner formed by the intersection of the Easterly side of Factory Avenue and the Northwesterly side of Main Road, New York State Route 25; running thence North 20° 22' 40" West along the Easterly side of Factory Avenue 150 feet; running thence North 48° 57' 30" East 146 feet; running thence South 40° 39' 45" East 140.34 feet to the Northwesterly side of Main Road, New York State Route 25; running thence South 48° 57' 30" West along the Northwesterly side of Main Road, New York State Route 25, a distance of 198 feet to the point or place of beginning. Section 142 Block 1 Lot 27 CS-B&S.599 3 (Revised 4/94) July 5, 1994 Ardprop, Inc./Warex Terminals Corporation TITLE NO.: 94-01 7-33 91 59S T (Description of Premises) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Factory Avenue and the northwesterly side of Main Road, New York State Route 25; Running thence north 20 degrees 22 minutes 40 seconds west along the easterly side of Factory Avenue 150 feet; Running thence north 48 degrees 57 minutes 30 seconds east 146 feet; Running thence south 40 degrees 39 minutes 45 seconds east 140.34 feet to the northwesterly side of Main Road, New York State Route 25; Running thence south 48 degrees 57 minutes 30 seconds west along the northwesterly side of Main Road, New York State Route 25, a distance of 198 feet to the point or place of BEGINNING. A, SUITE 410, GARDEN CITY, NY 11530 (5116110 LAND RECORD RESOURCES, INC., 10 1130 39RDEN FCITY AX 516 39 11 /93 A01.02 Page 6 - Legal Notice • Southold Town Board of Appeals Public Hearings for January 4, 1995 Mailing List for Legal Notice Hearings for January 4, 1995 Copies of the Legal Notice furnished to the following 12/20/94: Mr. Edward J. Munson, 1545 baklawn Avenue, Southold Mr. and Mrs. William F. Gasser, 2383 Fifth Ave, Ronkonkoma 11779 Ongioni & Borelli, 218 Front St., Greenport 11944 Mr. and Mrs. Jay Thomson, 695 Bayshore Road, Greenport 11944 Mr.. and Mrs. James M. O'Keefe, 54300 CR 48, Southold 11971 Mr. and Mrs. William A. Smith, 980 Bayview Ave, Mattituck 11952 Paul Caminiti, Esq., Main Rd, Southold 11971 (Re: NF Beach Condos) Mr. Louis DeRonde, 16 Victoria Dr, Amityville 11701 (Re: Warex Terminations Corp.) Mr. and Mrs. Jack Gismondi, 5655 Indian Neck lane, Peconic 11958 Mr. and Mrs. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Joseph Fristachi, 6 Adrienne Court, Farmingdale, NY 11735 (Opp. Re: Lauber) Posted on Town Clerk Bulletin Board on 12/20/94 Copies to Board Member Boxes together with copies of files 12/20 Copy to Town Clerk for distribution to TB on 12/20/94 Copies to official newspaper(s) on 12/19/94 by fax transmission Copy to Building Department on 12/20 FOLIr APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman as 53095 Main Road Serge Doyen, Jr. Wp P.O. Box 1179 James Dinizio, Jr. y,~ aOt Southold, New York 11971 Robert A. Villa ~l #t Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Nov. 30, 1994 S.E.Q.R.A. TYPE IT ACTION DECLARATION Appeal No. 4290 Project/Applicants: Warex Termina]sCorp. County Tax Map No. 1000- 142-1-27 Location of Project: 9945 Main Rd., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct canopy for exisiting gas pumps in the front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA (Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me ~~~FFOIk~OG~ JUDITH T. TERRY Town Hall, 53095 Main Road = P.O. Box 1179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VOI. ~ Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765- 1801 FREEDOM OF INFORMATION OFFICER T OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: November 30, 1994 RE: Zoning Appeal No. 4290 - Warex Terminals Corp. Transmitted herewith is Zoning Appeal No. 4290 - WAREX TERMINALS CORP. for a variance. Also included is: Notice of Disapproval from the Building Department dated November 2, 1994 wwith copy of application; Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; survey; and plans. Judith T. Terry Southold Town Clerk wjV ~os NOV 3 0 1994 low go TOWN OF SOUTHOLD. NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. p 1 (We) Warex Terminals Corp. of L South Water .Street . Name of Appellant Street and Number Newburgh . NY 12550 HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED 11,-2„-,94 WHEREBY THE BUILDING INSPECTOR DENIED TO Louis DeRonde Name of Applicant for permit of 16 Victoria Dr., Amityville, NY 11701- ........reet a.. ........n..dN..............umber Munici Pall ri State St ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to erect a canopy over existing pump islands 1. LOCATION OF THE PROPERTY 9.......945 .....Main Rd., Mattituck, BUS Street /Hamlet / Use District on Zoning..Mop District 1000 Section 142B1ock1 Lot27 Warex Terminals Corp. -.Current Owner Map No. N/A Lot No. N/A Prior Owner Sun Oil Company 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 10 Section 100-101, C (1) 100.33 3. TYPE OF. APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal %Od"db) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a 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 is requested for the reason that structures shall be located in the required rear yard. (Proposed canopy is located in the front yard over existing gasoline pumps.) Form ZB1 (Continue on other side) ' a A4^s REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because of the location of the existing gasoline pump islands over which the proposed canopy is to be erected being located in the front yard of the property as to be accessable to customers and visable to passing traffic. 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 they are other retail businesses unrelated to the operation of a gasoline service-station. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because of the physical location of the property as an integral part of the Mattituck shopping center and general business character of the area. STATE OF NEW YORK ss ~.......4'. ~G... 13cz COUNTY OF ) Signatute . Sworn to this day of.......... (..1"~1~ 19~ Notary Public Louts R. DE ROME Notary Public. State at New York N0.01 BE COMM aualifisd in Su0nik County 1J - - . 765-1937 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of Warex Terminals Corp. NOTICE to the Board of Appeals of the Town of Southold TO ADJACENT TO: Mr. Allen Cardinale PROPERTY OWNER P.O. Box 77 Mattituck, NY 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 to request a .(Variance) ($gltilQkkF0SpCi)41 MA*8#Ali *14M9f " (circle choice) 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Service Station, N/E/C of Factory Ave. & Main Rd Mattituck 3. That the property which is the subject of such Petition is located in the following zoning district: Business 4 That h~ such Petition, the undersigned will request the following relief: erect a canopy over existing gasoline pumps S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 10 Section 100-1 01, C (1) 100-33 [ ] 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) 76'5-1809. 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-Matti tuck 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: ll-'4-94 Warex Termi als Corp. Petitioner - Owners'Names: G. Knight, Mktg. Mgr. Post Office Address _ 1 South Water St Newhurg]~ *~g Tel. No. (914 ) 562-4500 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Mr. Allen Cardinale P.O. Box 77 Mattituck, NY 11952 Z 27D 691 754 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (Se Reverse) W Sent L Street and No. O P. t~tp yd ZI ~C ~ ~~II v t~rf . 0 Postage Y Certified Fee LL Special Delivery Fee N a Restricted Delivery Fee , Return Receipt Showing to Wh a Delivered ipt Sn - to Whom, ateo, see' ddess e e simarr tData AN STATE OF NEW YORK) ss.• COUNTY OF SUFFOLK) G. Knight 1013 N. Monroe Ave., Lindenhurst, NY residing at being duly sworn, deposes and says that on t day of 19 deponent mailed a true copy of the Notice set for the rc-.ii verse side hereof, directed to each of th above-named persons at the addresses set opposite their respective 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 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. //td!/ ~~CC~~ Sworn t re le this day of 19 Notary Public f-1. cl~ n7e of fifaV ywk s' r caX130a c in ~itafk CCU* ' en r .irs 02 G (This side does not have to be completed on form transmitted to adjoining property owners.) r 1a.164 121871-Teat 12 ' PROJECT I.D. NUMBER 617.21 SEO R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME Proposed Warex Terminals Corp. CITGO Service Station, Canopy 3. PROJECT LOCATION: N/E/C Main Rd. & Municipality County 4. PRECISE LOCATION (Street address and road Interesotlons, prominent landmarks. etc., or provide map) 9945 Main Rd. (N.Y.S. 25) & Factory Ave., Mattituck, NY 5. IS PROPOSED ACTION: ?No. MExpansion ?Modificatlon/alteration 6. DESCRIBE PROJECT BRIEFLY: Erect canopy over existing gasoline pumps 7. AMOUNT OF LAND AFFECTED: Inmauy 0.55 acres Ultimately 0.55 acres 8. WILL PROPOSED ACTON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ?Yes CYNO If No, describe briefly No accessory structures in front yard 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential ? Industrial ® Commercial ? Agricudure ? Park/ForesVOPen space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCALI? nYes ?No If yes. list agency(s)and permiVapprovals Bldg• permit & Zoning Board of Appeals from Town of Southold 11. DOES ANY ASPECT OF THE ACT'.:.N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes L} N' If yr, iist agency name and permtfapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT)APPROVAL REQUIRE MODIFICATION? C3 Yes r ly No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUstionsor name: _Warex Terminals Corp. Date: 11-14-94 Signature: G. Knight, Market ny Mgr. If 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 submission of this form, and an environmental review will be remade Ly quires this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: - (a) In order to answer the questions in this short EAF it is that the preparer will use currently available assumed 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 Assessment 1. Will project result in a large physical change to the project site or physically-alter more than 10 acres of land? _Yes :X NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? _Yes X No 5. Will project significantly effect drainage flow on adjacent sites? _Yes X No 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X No S. 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 XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical _ environmental area by a local agency? -Yes XNO 10. Will project have a major effect on existing or future recreational opportunities? _Yes X No - 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X No 13. Will project have any impact on public health or safety? X Yes _No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X period or have a major negative effect on the No character- of the community or neighborhood? 15. Is there pub controversy ncerning the project? _Yes X No Preparer's Signature '07 20 Representing:_ Warex Terminals o n 2SA 5 - - L Date: s/7 11-14-g4 ~ dip • ~ 3STICNPIAIRE YOUR Z.B.A. APPLICATION s of the owner(s) and any other wing a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Warex Terminals Corp. Owner Louis DeRon a Agent or owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes ( X} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any Proposals to change 'or alter land centcurs? { } yes {X) No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded 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, bulkheads or fences which exist and are not shown on the survey map that you are submitting? Nn 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 _ Gasoline service station and proposed use Game G. Knight Marketing Mar Waroz m Autnorized Signature and Date finals Corp. 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6.5.84 by L.L. No. 6.19841 R tiZANDS [Amended 8-26-76 by L.L. No. 2-1976: 3-26- 85 by L.L. No. 6-1985k A. i 1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters. which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh. swamps, meadows, flats or other low lying lands subject to tidal action: (2) all banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and law march cordgrass,and/ar (3) All land immediately -adjacentto a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24• Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland." • 9705 2•xs•es w 'I'Gy°9".wy 3 171, i`~r`'e en f I 1 err. w^ ~r~' ai t ~P r Hni' VV ? yT pq 1~n r mid:"' f, 4~ t..p`''^, 77 < tFa V 1. x'7 td/^ 1^'+ ^z'n -ran r RxP hi v, a . Z" v y- h i a/ t.4p t M if' 1`cf°' air :r 7~ t. EX15T, CONC. 'QA P NO~~ RETAINING WALL' N 48_57' 30" E, SITE EXIST. TREES ES SAND LAN. GAPING N,Y.S, R7 CS ca MAIN ST. o a 24 CAZ~ w w 38' E EXIST SOLID W w z. PP w r METAL FENCE W EXIST, RUBBISH * I~ N _j W/GATE ENCLOSURE U~ 0 ' 65 2' 4 KEY MAP N;T,S, ° Q)- XIST. PARKING S FACES , T. O EXIST, PARKIN SPACES NEW CANOPY 43'X$7' EXIST EXIST, 3-BAY qy~e T, o COLON COLONIAL SERVICE 43'- /J STATI STATION ~Y 4' q' % CANOPY FINISH $11%,,' ro Dc a COLORS FROM TOP TO BROWN h~.~ SALES U RUST Z U GOLD / ~AREA,DRAIN U q CANOPY COL. ' EXIST. CONE SIDEWALK EXIST, GRASS AREA / GRADE n o ov u NEW 4' BUMPER GUARD CTYP,) 4 3' F I' 43'-0" EXIST, DUMPS (TYP,) EXIST, 3-10M EXIST, PUMP ISLAND EXIST, UTILITY / POLE DWF S TANKS I MAIN ~ALN ROAD ELEVATION SCALE 1'=10'-O EXIST. VENTS Sc 14' 4' 24' EXIST, CATCH NEW CANOPY J BASIN 43'X57' S7' 14' -14' 29' 14' 4' 4 EXIST, KIIISK CANOPY FINISH COLORS FROM TOP TO BOT. F TO REMAIN Q 4 / EXIST. CONC, MAT -6~ -6' BROWN RUST u GOLD 57''-0' 25' 25' REPAIR AS REQ'D, EXIST, GAURD RAIL (TYP.) GANOPY,COL. U h ' 31' -0" PROPOSED EXIST, PUMPS CTYPJ NEW 43'X57' ASPHALT PAVEMENT - I GRADE 4-COL. CANOPY ' TEL: BOOTH 4' EXIST. PUMP ISLAND O NEW A' ST'L. BUMPER GUARD NEW 4' BUMPER ` 4 YARD LT, ' lAl 4' <TYP.) GUARD <TYP) n\(L EXIST, LANDSCAPING I ~ I 1\-NFW CANOPY r COL, (TYR) FACI FACTORY AVE, _ ELEVATIGN. , SCALE ,1"=1D'-D" EXIST, CONC, PUMP EXIST, -'DR'AIN, ISLAND' W/ PUMPS \ P, INLET, G?NNEGTED CONC, CURB 11' 5" TO DRY'WEG:L . f YARD' LT, L- ID SIGN ' . 4G,-0'-~ 0' S 4,.8 5 7' 3 W EXIST,. CONC. DRAINAGE SWAL 0. ~11 ~ 6 EXIST. EXIST,' S "11' ll.. 11' t EXIST. LANDSCAPING CONC. EXIST, GRASS & LANDSCAPING ;CAPING CONC. RAMP T RAMP EXIST. CONC. SIDEWALK EXIST. GRASS AREA '14~' ~ ~REU,' LATE"' ~ AESCRIPTIgNS _ ~ SHY APP'S, TAX MAP j000-14~ 1 27~, EXIST, CATCH WA'REX 'TERMINALS CARP. 1 SOUTH WATER, ST.,.P,O, 8OX 488 UTILITY NIA I N R [~A D BASIN ' NEWDUR(H , N.Y. 1255A - POLE 4D0 W SURFACE MOUNTED, JNTEll TITLE 57'-0' 29'-q" METAL HALIDE', LIGHTS 1'S 15, (16 TOTAL) SITE PI AN (SIRI 25) PROPOSED'CANOPY INSTALLATIQN 'N/,E/C RT. P5 ANSI FACTORY AVE. MATT~ITOCK, NEB.` YORK, ~.Ii"9a2, 1i' Pe, roivw A"00ates'., ,CANOPY CpL(TYP.) TYP.) J W WADE PE' LOOS DtRONDE I 580 HULDFLNA 1$ITYVIIRI,--UY. 1 i 'ANnpy t -HTI (i PI AN 301~TNpLD N Y . I'1971 pNITYVII LE N Y 11701 SCALE 0', 14', * _ _ 91b~ x"9+11 s~ S-3o 7r,: D a G b: IVEV, =~N'K`i~ 4 mod' SCAT ' ` A NOTED 94k 7 } Q DAT.,: - _Y r 4 kT 11F 1. . 17 '6 u1 rqn 1 ro~ "`L fir. LPSa e r b ~i ~ s,. ~ i A 's,",a~tL.scv,':v°pr.~.~a'y':'7siu~'.u ~ 51 X111 ~Y~ ~1(~^~~'~4.+ ~ ~ 1 6' f.~ '1 AK v}Y p ~S lip ~ki"~i',"r ~ x n~ .q 1' i7Ft {rp~ i , l ' , o cr "j c- 4 x~C-~iat~tir.,I~~'3s'rL~i~.l'~~,.7.'L^'i.o"~'~;: ~m."`ws~'s?Pw1a`~.,'u k?'`r~.y.nruk,.'~