HomeMy WebLinkAbout4074
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD
Appl. No. 4074.
Upon application of AMAC, INC. (Sukru Ilgin) for a Variance
to the Zoning Ordinance, Article X, Section 100-101B(12) and
Section 100-102, Bulk, Area and Parking Schedule, for permission
to establish retail sales of packaged food and non-food items as
usually found in a convenience store, as an accessory to the
existing gasoline service station, eliminating the service and
repair areas (which were conducted in the existing bay areas of
this one-story building.) Subject premises is nonconforming as
to total lot area and depth in this "B" General Business Zone
District. Location of Property: 7400 Main Road, Mattituck
(Laurel School Dstrict), NY; County Tax Map Parcel No.
1000-122-7-1.
WHEREAS, a public hearing was held on March 5, 1992, at
which time all those who desired to be heard were heard and
their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. By this appeal, appellant requests a variance under the
Provisions of Article X, Section 101B(12) and Section 100-102,
Bulk, Area and Parking Schedules, for permission to convert a
portion of the existing principal building (presently three
service bays with an approximate floor area of 1160 sq. ft.)
from vehicle/engine repairs to convenience store use, limited
to on-premises sales of packaged food and nonfood items, without
on-premises food services, only as accessory use incidental to
and in conjunction with the exist~nggasoline sales/office use.
Page 2 - Appl. No. 4074
Matter of AMAC, INC. (SU~RU ILGIN)
Decision Rendered March25, 1992
2. The premises in question is a described parcel of land
located in the "B" General Business Zone District containing a
total lot area of 11,984 sq. ft. and is triangular in shape with
frontage along three streets: the Main Road (State Route 25),
the old Main Road to the south, and Bray Avenue to the (south)
west at its intersection with the Main Road, in the Hamlet of
Mattituck, Town of Southold. This parcel is more particularly
identified on the Suffolk County Tax Maps as District 1000,
Section 122, Block 7, Lot 1.
3. The subject premises is improved with the following
structures: (a) two islands with full-service fuel-dispensing
pumps; (b) gasoline station office and service bays in the
principal building structure, all as shown on the survey
prepared February 13, 1987 by Peconic Surveyors and Engineers,
PoC. and shown on the site plan map prepared by Garrett A.
Strang dated December 12, 1991 (Map SP-1).
4. The location of the existing principal building is
shown to be set back 42 feet from the easterly property line,
six feet from the northerly property line at its closest
point, (c) approximately three feet from the southerly
property line. To the west of the principal building are two
gasoline service islands, each with two service pumps, and
blacktop areas utilized for egress, ingress, and parking.
5. The size of the principal building is 27.6 ft. x 28.9
feet (1595 sq. ft. of floor area). The southerly portion of the
building is proposed for the "convenience store" sales and the
northerly portion of the building will remain as a business
office use related to the sales of the gasoline service.
6. For the record, it is noted that under previous Action
of this Board under Appl. No. 3618 rendered April 23, 1987, an
area variance was granted for similar relief, with a time
limitation of two years from the date of the variance. The time
limit for that area variance expired in April 1988 and no
building permits were obtained in reliance on this variance.
7. In considering this application, it is the
understanding of the Board Members that the items to be sold
will include small variety store items, such as packaged and
canned foods, magazines, refrigerated items, microwaved items,
and the like. Requests for clarification or interpretation
concerning the type of products to be sold shall be referred to
this Board if necessary.
8. The following information is also noted for the record:
Page 3 - Appl. No. 4074
Matter of AMAC, INC. (SUFRU ILGIN)
Decision Rendered M~ch 25 , 1992
(a) the premises has continuously for the past 22
years been used as an office for sales of gasoline and other
incidental merchandise, with small engine/vehicle repairs within
the enclosed service bay areas of the principal building, and
gasoline sales at the service pumps;
(b) the use as a convenience store is to be used
accessory and incidental to the gasoline-service station and not
as a separate principal use or business establishment;
(c) the existing vehicle lifts and (three) bay areas
will be eliminated and replaced with the accessory convenience
store use;
(d) the principal building will not be enlarged
without prior approval of the Board of Appeals by subsequent
application.
9. In considering this application, the Board also finds
and determines:
(a) the subject parcel is surrounded by other
properties to the north, west, east, and south of the Main Road
which are also located in the General Business "B" Zone District;
(b) the variance, as conditionally and alternatively
noted below, is the minimum necessary to afford relief;
(c)
the essential
district;
the accessory use as authorized will not alter
character of the neighborhood or this zone
(d) the difficulties claimed are uniquely related to
the land and building in question - the difficulties are not due
to the general conditions of the neighborhood, are not personal
to the landowner, and have not been created by the landowner;
(e) there is no other method feasible for appellant
to pursue other than a variance due to the nonconformities of
the land;
(f) the relief as conditionally and alternatively
granted will be compatible with the overall plan and policy for
development in the Town and would not create conditions
distinctly different from those existing in the locality or
essentially alter the character or reasonable permitted uses in
this district or of adjacent use districts;
Paye 4 - Appl. No. 4074
Matter of AMAC, INC. (SUKRU ILGIN)
Decision Rendered ~arch 25, 1992
ig) the safety, health, welfare, comfort, convenience
and order of the Town will not be adversely affected by the
proposed business alteration from aotomobile repair to sales of
small food and non-food products;
(h) that in light of all of the above, the interests
of justice will be served by granting the variances requested
and as conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance for permission to convert the
existing service area within the existing principal building for
"convenience sales" SUBJECT TO THE FOLLOWING CONDITIONS:
1. Floor area of proposed convenience store area shall be
limited to a total of 600 sq. ft.;
2. Convenience store shall be accessory and incidental to
the gasoline service station use presently established, and not
as a separate principal business use;
3. There shall be only one entrance for the convenience
store area, that being located only at the east side of the
existing building;
4. There shall be no entrance way between the gasoline
sales area of the building to the convenience store area;
5. There shall be an entrance from the north side of the
property and an exit from the south side of the subject premises
onto the Old Main Road -- no exiting will be allowed onto the
Main Road at the easterly yard area;
6. This variance is temporary for a period of three (3)
years from the date of the filing of this decision with the
$outhold Town Clerk, EXCEPT where a building permit has been
properly issued and construction commenced to convert this
building as proposed herein.
7. No food service or sales of prepared foods, no cold
cut-deli items, or other food services (except pre-packaged);
8. No expansion, further construction or other service
areas without a new application for consideration to both the
Page 5 - Appl. No. 4074
Matter of AMAC, INC. (SUKRU ILGIN)
Decision Rendered March 25, 1992
Planning Board and Zoning Board of Appeals, and any other
department or agency having jurisdiction thereof.
9. Parking for the convenience store area shall be
provided at the easterly yard area with ingress (entrance)
Route 25 and egress (exiting) onto the Old Main Road only.
from
10. No table service or seating for public use;
11. No cooking, except by portable microwave;
12. No drive-thru or (window) drive-in services (for
accessory convenience store);
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Dinizio and Villa. This resolution was duly adopted.
lk
RD P. GOEH~INGEyCHAIRMAN
i EC IV D AND FI ED Bi"
T~iE SOUTHOLD TOi,/N CLLL~
DATE ~3/~ r~OUR /~ ',~_
Town C*c~k, *c:,:n e~ ? ,*~, ~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following matters
will be held for public hearings before the SOUTHOLD TOWN BOARD
OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on THURSDAY, MARCH 5, 1992 commencing at the
times specified below:
(1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance
(hearing reconvened). For permission to establish business
sales office in addition to existing uses as an owner-occupied
two-family dwelling with manager's quarters. The lot area
applicable to each use in this Hamlet-Business Zone District is
20,000 per unit/use. The lot as exists is nonconforming for the
existing principal uses having a total lot area of 20,129+- sq.
ft. Location of Property: 795 Pike Street, Mattituck, NY;
County Tax Map Parcel No. 1000-140-2-23.
Page 2 - Legal NotiW
Hearings for March 5, 1992
Southold Town Board of Appeals
(2) 7:35 p.m. Appl. No. 4083 - LEONARD AND DONNA SCHLEGAL.
Variance to the Zoning Ordinance, Article XXIII, Section
100-231, for approval of fence exceeding the maximum four-foot
height requirement in the front yard area and located along the
northerly side property line. Location of Property: 1475
HomePike Road, Mattituck, NY; also shown on the "Map of Point
Pleasant" filed in the Suffolk County Clerk's Office on May 17,
1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12
(containing 2.563 acres pf total lot area); County Tax Map
Parcel ID No. 1000-114-1-5.1.
(3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, JR.
Variances to the Zoning Ordinance, Article XXIV, Section
100-244B, for permission to reduce setbacks, and Article XIV,
Section 100-142, for lot coverage at more than thirty (30%)
percent of the total lot area. Applicant/owner is proposing to
locate a proposed principal storage building in this Light
Industrial (LI) Zone District and will be required to obtain
approval from the Southold Town Planning Board concerning the
site plan regulations applicable for this nonconforming lot.
Location of Property:
of Peconic Bay Estates,
1000-53-2-9.
145 Kerwin Boulevard, Greenport, NY; Map
Lot No. 176; County Tax Map ID No.
(4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.3, for
Page 3 - Legal Not.
Hearings for March 5 , 1992
Southold Town Board of Appeals
approval of open porch (deck with roof) replacing previous deck
structure, with an insufficient rear yard setback and lot
coverage at more than twenty (20%) percent of the total lot
area. This parcel of land is located in the R-40 Zone District
and is nonconforming as to lot area (containing 3201 sq. ft.),
width at 45 feet, and lot depth at 71.41 feet. Location of
Property: 319 Champlin Place, Greenport, NY; County Tax Map
Parcel No. 1000-34-3-41.
(5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a
Variance to the Zoning Ordinance, Article X, Section 101B(12)
and Section 100-102, Bulk, Area and Parking Schedule, for
permission to establish retail sales of packaged food and
non-food items as usually found in a convenience store, as an
accessory to the existing gasoline service station, eliminating
the service and repair areas (which were conducted in the
existing bay areas of this one-story building.) Subject
premises is nonconforming as to total lot area and depth in this
"B" General Business Zone District. Location of Property: 7400
Main Road, Mattituck (Laurel School District), NY; County Tax
Map Parcel No. 1000-122-7-1.
(6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and MARILYN
CENTONZE - regarding premises known as 5700 North Road (County
Road 48), Mattituck, NY; County Tax Map Parcel No.
1000-140-2-11. Applicants, as contract vendees, are requesting:
Page 4 - Legal
Hearings for March 5 ~ 1992
Southold Town Board of Appeals
(a) Appl. No. 4082 - Variances to the Zoning Ordinance,
Article VII, Section 100-72 for approval of the nonconforming
area of the lot area for the establishment of two principal uses
by the addition of a professional dental office on the first
floor, and retaining livable floor area on the second floor (for
a single-family dwelling unit), all within the existing
structure. The lot area applicable to each use in this
Residential-Office (Re) Zone District is 40,000 sq. ft. This
lot is nonconforming as to area and width.
(b) Appl. No. 4081 - Special Exceptions to the Zoning
Ordinance, Article VII, Section 100-71B(2 & 7) for permission to
establish first floor professional dental office, as permitted
by Section 100-71B(2), and a second floor apartment not
exceeding 750 sq. ft. livable floor area, as permitted by
Section 100-71B(7).
(8) Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND
MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance,
Article VIII, Section 100-82 for approval of an addition, for
storage purposes only, having an insufficient setback from the
westerly side property line. Subject premises is a
nonconforming lot located in the Light Business (LB) Zone
District. Location of Property: North Side of County Road 48
and the Westerly Side of Kenny's Road, Southold, NY; County Tax
Map Parcel No. 1000-59-7-33.
Page 5 - Legal Not~
Hearings for March 5, 1992 ~
Southold Town Board of Appeals
~:~ o
(9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239 and Article
III, Section 100-32, Bulk, Area and Parking Schedule, for
approval of the upland area of proposed Lot 91 (79,449 sq. ft.)
and proposed Lot #2 (74,568 sq. ft.), and for approval of the
insufficient width of proposed lot ~2 (73.37 ft) along Cox's
Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision
Application also pending before the Southold Town Planning
Board. Location of Property: Easterly side of Cox's Neck Road,
Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5,
containing a total of 3.765 acres.
The Board of Appeals will at said time and place hearing
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. For more
information, please call 765-1809 or visit our office.
Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD
TOW/~ BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Copies have been forwarded to the following on or about 2/14/92:
L.I. Traveler-Watchman, Inc.
Times-Review
Marie Ongioni, Esq. (Attorney for Michael Herbert)
Mr. and Mrs. Leonard Schlegal
Mr. Joseph F. Barszczewski, Jr.
Paul A. Caminiti, Esq. (Attorney for Mary C. Brennan)
Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze)
William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe)
Anthony Salvatore, Esq. (Attorney for E. Sievernich)
Individual Files and Board Members
FORM NO. 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE .
SOUTtlOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ....~..e~.:?z~....~%......2r..~-- ..... 19 ~.~...
Location of Property .. ~.~ .... ~.~. ~... ..... ~~
House No. ' ' ' ....................
Street Hamlet
County Tax Map No. I000 Section .. ~.~ ...... Block .... ~.~ ...... Lot ..~. J .........
Subdivision ................. Filed Map No. r ............... Lot No ..................
is returned herewith and disapproved on the following grounds. ~ ~ ~. ~.~ 7.~ q ~ ~
~:~~., .~:~.~..~ .,.~.: ~ ¢ v. ~ .~ ~. ~. ,...
~.~.~ ~ % ' . . ~~
~'~'¢' '~-'~~ ~ ~ - ~ .'~ ~ ~ ~-~ ~ J7
-- , . ........ . ..... ~ ........ Z .......... :,.
.....
.............................. ::
RV 1/80
RECE~~N
DECI?
OF SOUTHOLD, NEW YORK
APPEAL FROM-DECISdOt4 OF ~.~II. DING INSPECTOR
APPEAl NO. ~/'/~) 7 q
DATE ...................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Garrett A..Strang for Illin of 5.4 Mai Road .P.. O,~D~...~.
1, (V~) ....................... . .......................................... ~.,~.,5. ......... ~ ............... , .............
Name of Appellant Street and Number
Southold New York
............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED November 25, 1991
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Name of Applicant for permit
of
54655 Main Road P.O.Box 1412 Southold, New York 11971
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to Alter
1. LOCATION OF THE PROPERTY ....7...4...0..0.....M.~a..i..n....`R.~...a.~d.......L.~a.~u..r..e..~..~..N..:..Y..: ................ ':..~.::....G.?...~.: Business
Street /Ham]et / Use District on Zoning Map
District lO00 Section 1 22Blocko7 Lot Ol - -
......................................................................... ~urrent Owner Sukru Ilgin ~l~,'O
Map No. Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article X Section 100-102
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 lock of access (State of New York Town Law Chop~ 62 Cons, Laws
Art. )6 Sec. 280A Subsection 3
()
4, PREVIOUS APPEAL A previous appeal (has) fi3mcx-mt~ 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
{ X) request for o variance
and was made in Appeal No....3..6...q.~8. ..................... Dated A~r i.3;.. 2.8. n. ~ .9..8. 7
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that
Form ZB!
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficultiesorunn~es-
sa~ HARDSHIPbecause
A. The existing lot is preexisting non-conforming in lot area.
B. The existing building is prexisting non-conforming due to the
unusual configuration and Size of the lot.
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because
A. The lot has an area of only 11,984 square feet which i~ unlike
other properties in the immediate area which have lot sizes of
30,000 sq. f't~ or greater.
B. The lot is ~riangular in shape which is.unique to this parcel of
limited size.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DIS IRICT because
A. The alteration would reduce the extent of the non-conforming
service station use by replacing the service bays with a conforming
use of retail sales of packaged food and non-food items as usually
found in a convenience store.
B. The size of the building will remain un changed thereby having
no effecct on the character of the district.
STATE OF NEW YORK )
)
COUNTY OF gr4~'/r°~-/~ )
SS
Sworn to this /~'7~ day of..~-~..'~..~...~.. ........................
Notary Public
BARBARA A. STRANG
NOTARY PUBLIC, Stote__of New ¥ol~-
No. 47300¥=
~uelltled in ~fiolk Coun~ .
~i~ ~i~S ~ ~n. 19.~
P-0AKD OF HEALTH
FORMNO. 1 3 SETS OF PLANS
TOWN OF SOUTHOLD SURVEY
BUILDING DEPARTMENT CllECK
TOWN HALL SEPTIC FORH
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
Examined ................. 19...
Approved ................. 19... Permit No ............
Disapproved a/c .....................................
CALL ................
HAIL TO:
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date . .~.o.v.e.m..l~.e.r..2.5. .... 19.
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wit
rots 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 str~
~r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this ap
:ation.
c. The work covered by this application may not be c~mmenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such per
',hall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occup.~
~hall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the t~uilding Department for the issuance of a Building Permit pursuant to
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinance~
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein descriE
Fhe applicant agrees to comply with all apphcable laws, ordinances, building cqde, housing code, and regulations, and
id~nit authorized inspectors on premises and in building for necessary inspectionS. ~ /
.. ...........
-- (Signature of applicant, or name, if a corporation)
Garrett A. Strang
., . .H.a.i.n...R.d....P., .O...B.o.x.. 3.4.1. 2...S.o.u.t. bp.i.d' ,..N...Y...
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build
Name of owner of premises ........................................................................
(as on the t.ax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No. NOt Selected Yet
Plumber's License No .........................
Electrician's License No .......................
Other Trade's License No." " "
1. Location of land on which proposed work will be done ................................................
Laurel
..... 7~.QQ ..... ~.Roa~... ................................................................. .
Hou~ Number Street Hamlet
County Tax Map No. 1000 Section ...1.2.:~ ............ Block .... q7. ............ Lot .... .0.1 ...........
Subdivision ..................................... Filed Map No ............... Lot ..............
(Name)
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy Gasoline Sales ~.ith .re~ai~' Bays
b. Intended use and occupancy ..... a.s. 9~[~-~. ~t~.ke.s c~..~l~p..~/~Q~.repair bays-.~ ~ ?' '~ ,~t;Or¢..in. lJ.eu, of.
New Baaumg .......... Pd~lition .......... Alteration....X .....
3.
Nature
of work
(check
Repair .............. R~...oval ............ Demolition .-,~rl ......... Other Work. (Description)
4. Estimated Cost $1 5,000.00 Fee ....................................
(to be paid on filing this application)
5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ..............
If garage, number of cam ......................................................................
6/ If busineSS, commercial or mixed occupancy, specify nature and extent of each type of use G,~.s .219 %..Retie. il.
7. Dimensions of existing structures, if any: Front ...... 5.5 '. ...... Rear ..... ~ ~ ' Depth .
Height · · .1 ?.' .... Number of Stories .... one ..........
..........................
Dimensions of same structure with alterations or additions: Front 55 ' Rear
Depth ..... ~2.9.' Height 1 7 ' Number of Stories one
8. Dimensions of entire new construction: Front ............... Rear ............... Depth .............
Height ............... Number of Stories ......................................................
Size of lot: Front ..... 269o,6.1t .......... Rear ..... 2,6.5., 2g .......... Depth ...0.-: 108...53 ........
Date of Purchase .,.: ......................... Name of Former Owner ...........................
Zone or use d~strict in which premises are situated ....... '.'.B.': .G..e.n.e.r..a.1..B.u. st .x.n.e.s.s. ....................
Does proposed construction violate any zoning law, ordinance or regulation: ..............................
Will lot be regraded ....... N.O .................. Will excess fill be removed from premises: Yes
Nurse of Owner of premises ...~ukrJa..~ I-gM .... AddressBXl ~9.1..~akt. i'cuck Pi~one No...3.69.92.40.
Name of Architect .G.a.r.r.e..t.t..A. ,..S.t.r.a..rig .......AddressB. x. l..4.1.2. .S. 9.u.t.h. 9.1.d.. Phone No...7.65. ~.4.5.~.
Name of Contractor .... N. 9.t' .S.c..19.c.t.e.d.. y.e.t.... Address ................... Phone No .............
I~ this property within 300 feet of a tidal wetland.9 *Yes ........ No....X .....
· If yes, Sour:hold Town Trustees Permit may be required.
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fi
property lines. Give street and block number or description according to deed, and show street names and indicate whet
interior or comer lot.
10.
11.
12.
13.
14.
15.
See Attached
iTATE OF NEW YORK, S.S
2OUNTY OF .................
............ ~qc,r.~t~t-. A~. $.tr.ang ................. being duly sworn, deposes and says that he is the appl
(Name of individual signing contract)
!hove named.
Architect
te is the .....................................................................................
(Contractor, agent, corporate officer, etc.)
~f said owner'or, owners, and is duly authorized to perform or have performed the said work and to make and fil~
pplication; that all statements contained in this application are true to the best of his knowledge and b¢liof; and th3
york will be performed in the manner set forth in the application filed therewith.
;worn to before me this
....................... day of ...................... 19...
........... Count~~
$otavj Public ....................... x _
8~A A. S?~,~
NOTARy PUSL~C~$[~N~ Yom ...........
~ ~ q3~ .....
~ m (Signature of appli
OWN ER~"I
TOWN OF SOUTHOLD
PROPERTY''~ RECORD CARD
VI LLAGE SUB. LOT
' E
W
ACR.
TYPE OF BUILDING ~ '" ,~ // · '~.,";~
Mkt. Value ~/ _ :~ ;.,u.,-, ,~ ~
RES. ~_~. SEAS. VL.
LAND ' IMP. TOTAL
1~ ~
FARM
AGE
NEW
FARM
Tillable
Woodland
Meadowland
NORMAL
Acre
BUILDING CONDITION
DATE
COMM.
MIC$.
BELOW ABOVE
Value Per Value ,/
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
HOUSEI
M. Bldg.
E~i~,sion
Extension
Extension
Porch
Porch
Breezeway
Garage
Patio
Total .
Foundation Both
Basement Floors
Ext. Walls C ~ Finish
Fire Place "~//~ Heat
T~eRoof
Recreation
Dormer
Rooms 1st Floor
Rooms 2nd Floor
Driveway
DR.
./
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALs
DATE ADOPTED: November 8~ 1995 APPL. #4344.
APPLICANT: AMAC~ INC. (SUKRU ILGIN)
LOCATION OF PROPERTY: 7400 Main Road, Laurel.
COUNTY TAX MAP DISTRICT 1000, SECTION 122, BLOCK 7, LOT 1.
BASIS OF REQUEST: ZBA Conditions No. 3 and 4 of ZBA determination of
March 25:1992 under Appl. #4074 which restricted interior building entrnn~.
PROVISIONS APPEALED: Article X, Section 100-102 #4074 adopted 3/25/92
pertaining to accessory use and size of lot.
RELIEF REQUESTED: To allow removal of counter barrier between customer area
and cashier which was restricted under Appl. #4074.
MOTION MADE BY: Lydia Tortora SECONDED BY Serge Doyen, Jr.
ACTION/RESOLUTION ADOPTED: Granted with the following conditions: (a)
unlock rear door while building is ill operation and encourage use of rear door
by customers as often as possible; (b) all parking must be utilized by
customers on-site: including the easterly parkinE area; (c) existing "no
parking" siffn in front of building must remain.
REASONS/FINDINGS: Present outside parking for customers interested in
purchasing items sold inside of building is not feasible when customers leave
their cars at gasoline pumps and walk around to easterly side of building. Same
opportn~nlty for other gasoline/covenience sales businesses was not available to
thi~ business with present restrictions as is normally made available for other
business operations of this nature. No other alternative is available. The
testimony submitted and personal observations made since its opening find the
former restrictions truly creating difficulties in attempts to properly stand,
park, and maneuver vehicles while customers left their cars to go inside.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Jr.
Robert A. Villa
Richard A. Wilton
Gerard P. Goehringer, Chairman.
(Member James Dinizio, Jr. was in favor of granting the relief requested,
however he was opposed to the additional restrictions placed in this resolution
as offered and seconded. ) This resolution was unanimously adopted.
Town Hall, 53095 Main Road
P. O. Box t 179
Southold, NewYork 11971
Fax (516) 765-1823
Telephone (516) 765-1802
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
ORDER TO REMEDY VIOLATION
Date: August 4,
TO:
AMAC Inc.
7400 Main Road
Laurel, NY 11948
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance - Chapter
Other Applicable Laws, Ordinances or Regulations
at premises hereinafter described in that:
Gasoline sales area opens
sales area in violation of
1995
into accessory convenience store
conditions of Zoning Board of
Appeals appeal #4074.
In violation of Article XXVI Section 100-262 D
YOU ARE THEREFORE DIRECTED AND ORDERED TO comply with the
law and remedy the conditions above mentioned IMMEDIATELY
The premises to which this ORDER TO REMEDY VIOLATION refers
are situated at: 7400 Main Road Laurel NY
SUFFOLK COUNTY TAX MAP#1000-122-7-1
Failure to remedy the conditions aforesaid and to comply with the
applicable provisions of law may constitute an offense punishable
by fine or imprisonment or both.
/ /-N PECTO}
BUILDING I S
(Cert. Mail)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Update for the record:
March 31, 1995 - Building Inspector confirmed that a Stop Work
Order is in effect concerning changes to a building plan which are
not on file and which were not approved under the pending building
permit - includes interior changes pertaining to new refrigeration
storage area in southerly repair bay which is outside 600 sq. ft.
area, addition of partition for dry storage, new electrical outlets.
Garrett Strang left overlay drawing showing the questionnable
refrigeration storage area and questionnable access area from
gasoline sales room for Chairman to review.
April 2, 1995 - The Chairman reviewed the sketches and marked the
interior of the building where changes were deemed necessary for a
full counter in between the gasoline sales area and conveyence store
area, to prevent aecees by customers from the westerly side of the
building - to comply with ZBA's condition~fl The Chairman later called
the Board Clerk to confirm the change and that there is no objection
to the layout provided only 600 sq. ft. area is used for the retail
convenience sales area. The Board Clerk asked the Chairman to
contact the Building Inspector (at home) directly to convey these
comments since the Chairman was going to Florida for a few days and
would not be available to the Town offices on Monday, and since
there is a Stop Work Order in effect on the project. The ChAieman
ag~ain contacted the Board Clerk and confirmed he discussed these
items with Tom Fisher. A drawing with the Chairman's notations was
left together with the site plan map for the file.
April 3, 1995. The maps were placed in the file. Tom Fisher
conveyed his comments and was expecting a corrected and amended
plan from Garrett Strang showing all new details.
413195
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
December 9, 1994
Mr. Garrett A. Strang, Architect
P.O. Box 1412
Southold, NY 11971-1412
Re: Ilgin]Empire Service Station Alterations
Your Letter Dated December 5, 1994
SCTM #1000-112-07-001 at Route 25, Laurel
Dear Mr. Strong:
In response to December 5, 1994 and inquiries from the Building
Inspector, this y~.ur confirm that the alterations shown on the A-1
Drawing revised 12/5/94 do conform with the ZBA decision and conditions
previously rendered on this property for use in selling of packaged foods
and non-food items usually found in a convenience store. The main
co.n. cern~s for pa.r..king have been addressed by preventing vehicles from
ex~ onto the mare (SR 25) Road from the avaRable parking on the
easterly side of the property.
The concerns for interior building access have been addressed by
prov, iding a common counter at the doorway for access in both rooms by
employees or t-or emergencies only_. The public must ge~i.'n access to the
accessory convenience sales area from the easterly outrode entrance door
and not from the westerly entrance door. The public must also be
directed to use the parking area on tho easterly side of the building
when using the convenience sto~e, and access through the westerly
entrance shall be for gas purchases only.
As you are aware, all other conditions of the March 25, 1992 ZBA
determination must be complied with - such as the limitation of 600 sq.
ft. for the conve, nience sales area; no food service or preparation of
foods; no expansion of floor area; no repairs for the public in. the
remaining bay area; no cooking; no drive-thru or drive in services, no
table service or seating for public use. Any deviation from these
conditions will require further approval, by re-applioation to the Board
of Appeals.
Also, you are required to apply to the Building Inspector for other
appropriate permit(s) or approval(s).
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Garrett A. Strang
Architect
P.O. Box 1412, Southold, NY 11971
(516) 765-5455 Fax (516) 765-5490
December 5, 1994
Mr. Gerald Goehringer, Chairman
Southold Town
Zoning Board of Appeals
Main Road
Southold, New York 11971
Re:
Empire Service Station Alterations
N.Y. State Rt. 25, Laurel, New York
SCTM ~1000-122-07-~1
Dear Mr. Goehringer:
Enclosed are prints of the proposed alterations to the above
referenced premises, which have been submitted to the
Building Department for issuance of a Building Permit.
The Site Plan shows a change in the parking configuration
from that originally submitted in 1992 due to the fact that
only three (3) parking spaces are required under the
variance. Traffic circulation from NYS Rt. 25 has been
eliminated and all ingress and egress is from Old Main Road.
It is my opinion that the submitted drawings reflect the
conditions of the variance issued by your Board on March 25,
1992 (Appeal %4074) as well as NYS Code and Lifesafety
Requirements. Please review and notify my office with your
comments.
Thank you for your courtesy and cooperation in this matter.
Very truly yours,
GAS/BS Garrett A. Strang
Encs. Architect
December 9, 1994
Mr. Garrett A. Strang, Architect
P.O. Box 1412
Southold, NY 11971-1412
Re: Ilgin/Empire Service Station Alterations
Your Letter Dated December 5, 1994
SCTM #1000-112-07-001 at Route 25, Laurel
Dear Mr. Strang:
In response to your December 5, 1994 and in~luiries, from the Building
Inspector, this will confirm that the alterations shown on the..A-1
Drawing revised 1215194 dp conform with the .ZBA d.ecisio~n an.d con~di~tion~s
previously rendered on this property, for use m ?elhng or pacKa~-~? roo~.s
and non-food items usually found m a convemence s.toro. ~?e ~mmn
concerns for parking have been a.dd?ssed by pr~.?.en~ttng v~e. hicles r~r?m
exit onto the M~in (SR 25) Roaa rrem the availame parz, ng on ~ne
easterly side of the property.
The concerns for interior building access have been addressed by
providing a common counter at the /~oorway for access in both rooms .by
employees or for emergencies only. The public must ~ access to the
accessory convenience sales area from the easterly outside entrance door
and not from the westerly entrance door. The p.u?lic must .als.?~.be
directed to use the parking area on the easterly siue of the o~ru~mg
when using the convenience store, and access through the westerly
entrance sh~]l be for gas purchases only.
As you are aware, all other conditions of the March 25, 1992 ZBA
determination must be complied with - such as the. limitation of 600 sq.
ft. for the convenience sales area; no food service or prepara~on of
foods; no expansion of floor area; no repairs fo?.the, public, m the
rem~inlng bay area; no cooking; no drive-thru or ar~v.e .m serwces; no
table service or seating for public use. Any dewation from these
conditions will require further approval, by re-application to the Beard
of Appeals.
Also, you are required to apply to the Building Inspector for other
appropriate permit(s) or approval(s).
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Garrett A. Strang
Architect
P.O. Box 1412, Southold, NY 11971
(516) 765-5455 Fax (516) 765-5490
December 5, 1994
Mr. Gerald Goehringer, Chairman
Southold Town
Zoning Board of Appeals
Main Road
Southold, New York 11971
Re:
Empire Service Station Alterations
N.Y. State Rt. 25, Laurel, New York
SCTM %1~00-122-~7-01
Dear Mr. Goehringer:
Enclosed are prints of the proposed alterations to the above
referenced premises, which have been submitted to the
Building Department for issuance of a Building Permit.
The Site Plan shows a change in the parking configuration
from that originally submitted in 1992 due to the fact that
only three (3) parking spaces are required under the
variance. Traffic circulation from NYS Rt. 25 has been
eliminated and all ingress and egress is from Old Main Road.
It is my opinion that the submitted drawings reflect the
conditions of the variance issued by your Board on March 25,
1992 (Appeal %4~74) as well as NYS Code and Lifesafety
Requirements. Please review and notify my office with your
comments.
Thank you for your courtesy and cooperation in this matter.
Very truly yours,
GAS/BS Garrett A. Strang
Encs. Architect
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
p. OBERT J. GA~I~lgY
SUFFOLK COUNTY EXECUTIVE
ARTHUR H. KUNZ
DIRECTOR OF Pt. ANNING
April 20, 1992
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) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
lrszczewski, Joseph
C, Inc. (Sukru Ilgin)
4071
4074
Very truly yours,
Arthur H. Kunz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
(516) 853-5192
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Origonis, .Ir.
Serge Doyen, .Ir.
games Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Ptlrst~a~t to Article ~ of the Suzffo]_k County Ac!~st-rative Cccte, The
Board of Appes_ls of the %q~ of ~utJlold, New York, hereby refers the foll~J_ng
t~ the Sttffolk GDttnty Plaru-~ing Cx~m~Lssion:
XX Variance from the Zoning Code, Article x , Section 100-101~(12)
__ Variance from Determination of Southold Town Building Inspector
__ Special Exception, Article , Section
__ Special Permit
& 100-102
Appeal No: 4074 Applicant: kwiAC, Inc. (St~ Ilgin)
Location of Affected Land: 7400 Men_in Rd., blatt-ituck, NY
County Tax Map Item No.: ]000- 122-7-1
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 conyer~c existing se~--vice area
wit_h/n the ey-istJ_ng prJ~ncipal btlild~g for "convev-ience s~Lles".
Copies of Town file and related documents
Dated:
April 14, 1992
enclosed
for your review.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 1197!
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 10, 1992
Mr. Garrett A. Strang,
P.O. Box 1412
Southold, NY 11971
RoA.
Re: Appl. No. 4074 - AMAC, Inc. (Sukru Ilgin)
Dear Mr. Strang:
Please find attached a copy of the Board's findings and
determination rendered at our meeting of Thursday, March 25,
1992 concerning the above application.
Please be sure to return to the Planning Board, Building
Department, County Health Department, and any and all other
agencies which may have jurisdiction before commencing building
activities. A copy of this determination has also been
furnished this date to the Planning Board and the Building
Department for their update and permanent recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Southold Town Building Department
Southold Town Planning Board
Suffolk County Department of Planning
Garrett A. Strang
Architect
Main Road, P.O. Box 1412, Southold, NY 11971
(516) 765~5455
Zoning Board of Appeals
Town of $outhold
Town Hall
Main Road
Southold, New York 11971
March 23, 199:~
Re: Empire Service Station Convenience Store
Appeal 9 4074-Sukru Ilgin
Dear Mr. Goehringer and Members of the Board
At'the public hearing of March 5, 1992 in the above captioned
matter there was some testimony given by my client Mr. I!gin
in response to a question from the Board regarding entrances
doors on the west side of the building. Mr. Ilgin indicated
he has proposed two distinct and separate entrances so as to
alleviate any conflict between the service station attendant
and the convenience store patron. Specifically he does not
want the attendant who conceivably could be soiled with fuel
or oil, using the same door and potentially transferring this
soil to the door and ultimately the customer.
Although this is strongly his preference he is not unyielding
and does not want this issue to become a stumbling block in
the Boards considering his application.
If the Board decides it i§ preferable to have only one en-
trance on the west side, Mr. Ilgin is willing to accept this
as a condition of the variance.
I trust this will help clarify Mr. Ilgin's position and look
forward to the Boards decision.
If I can provide any additional information please feel free
to contact my office.
GaS/g
Very truly yours,
Garrett A. Strang, ~.A.
Page 13
Public Hearing--AMAC,INC.
Southold ZBA 3/5/92
APPEAL # 4074
Applicant (s): AMAC, INC. (Sukru Ilgin)
Location of Property: 7400 Main Road, Mattituck NY
County Tax Map # 1000-122-7-1
The Chairman opened the hearing at 8:05 pm and read the notice
of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of the site plan produced and
done by Garrett A. Strang, architect indicating a specific date
of December 1991. And I have a copy of the Suffolk County Tax
Map indicating this and surrounding properties in the area. How
are you tonight sir.
MR. STRANG: A couple of points that I would like to make in con-
junction of the application. Some of which reiterate what you
already have mentioned fact that the parcel is 11,984 square feet
is preexisting, nonconforming in the General Business Zoning
District. The site has on it one-story mason refue~
service station, at approximately 1600 square ~ee~, which is
comprised of an office and full-service retail sales of fuel and
three vehicle service garage bays. Again this use is pre-existing,
nonconforming in the zoning district. There is on record a previous
Appeal # 3618 which was conditionally approved by the Board
April 28, 1987. One of the conditions of that approval was a two-
year limitation on that approval which is subsequently lapsed.
The nature of our application at this time is essentially request
for a reinstatement for the variance for the same purpose. The
major difference between this application and the prior is an
increase in the area that will be used as a convenience store. The
total building area, however, will r~main the same and if the
necessary approvals are granted, all three vehicle service bays
will be converted to the convenience store use adjunct to the
existing fuel sales. Since the convenience store is considered a
retail sales operation and is a permitted user'in this zoning dis-
trict, I feel that we will in effect be reducing substantially
the non-conforming use of this building. Another consideration I
would like the Board to be aware of is that if again the approval
is granted, the station is going to be as it presently is a full-
service Station, not a su.b-service station. This would basically
allow for a customer to make a convenience purchase while fuel
is being dispensed by the attendant. This is again our opinion
truly a benefit to many of the senior citizens and other member of
our community who prefer not to dispense their own fuel. A few
last points: one is the fact that unique configuration of this lot
of a pre-existing non-conforming size. The strict application of
the code would presen~he hardship matter to prevent any alteration
to the building and force my client to maintain the present non-
confoming uses in its business entirely, which move or not
to. Considering this application, I' believe the Board would
find as it did in granting the previous approval. That the pro-
posed use as applied for will observe the spirit of the ordinance
and in no way ~lter the character of the zoning district. If the
Board has any questions, I would be happy to answer.
Page 14
Public Hearing--AMAC,
Southold ZBA 3/5/92
INC.
CHAIRMAN GOEHRINGER: Now is there any additional lighting that is
required, other than the parking lot area and the rear of the build-
ing which is of course...
MR. STRANG: The only lighting that I am aware of that we will need
to provide is with on the east side of the building, which is the
proposed new parking area to service the convenience store. And
that will be addressed with our application to the Planning Board
for site plan review as to limits and the nature of that lighting.
CHAIRMAN GOEHRINGER: An there would be multi-accessies from the
parking lot into the building on the east side and on the west side.
MR. STRANG: As we invision it, at this time, since the primary
parking for the convenicnce store must be located,, obviously not
on top of the fuel dispensing, it will be to the east side of the
building.
CHAIRMAN GOEHRINGER: Only.
MR. STRANG: We would like to have an entrance from the east side
of the building, but again given the point that I mentioned earlier
since it is a full service station, many people tend to while
their fuel is being dispensed, will go in and get a quart of milk
or a loaf of bread, whatever they need. So we would also like to be
able to have access from the west side of the building as well.
So that the person doesn't have to wait until after their fuel
has been dispensed and drive around to the other side of the building,
park and walk in or have to walk all the way around to the back-
side of the building.
CHAIRMAN GOEHRINGER: Let me ask this question and you can ask the
applicant, because I think he is here also. All the articles that
are now sitting in the office, such as the cigarettes, and the
related items that would deal with the automobile oil, all the stuff
that I bought from you before when I had been down there. Would
that be placed within the convenience store or would that remain
in the office area.
MR. ILGIN: Cigarettes that I can, will be moved to the convenience
store. Just the motor oil would stay in the office. Sometimes
you get leaks, and I don't want oil leaks on the floor.
CHAIRMAN GOEHRINGER: So considerably the access, if the Board was
so inclined to re-establish this application, could also be through
the office.
MR. ILGIN: I would like to keep it as a separate, as a convenience
store. As Garrett was saying a full-service service station. Some-
time an employee would go checking the oil, transmission, whatever
is there.
CHAIRMAN GOEHRINGER: I have no problems with that, but I mean the
access to the convenience store could be through the office, it
Page 15
Public Hearing--AMAC,
Southold ZBA 3/5/92
INC.
GOEHRINGER con't- does not necessarily have to be another
entrance.
MR. ILGIN: I wouldn't like that, that wasn't my plan. I want to
keep to my employees. Whoever is pumping the gas from the food.
From the convenience food. He can have his own office, he has
nothing to do with the store. I don't want him to come with the
dirty hands or oily hands to touch the food or see what other
people are buying.
CHAIRMAN GOEHRINGER: I can see tha~ understand that. I am no way
I am just trying to understand this So the only possible way
to stop cars from parking in front of the existing three bays
which would be converted to the convenience store, would be to
put a "No Parking" sign there. On the ground, actually paint it
in to the asphalt and say no parking. If the Board is so inclined
to regrant this, I have no particular problem with a man, a
woman, or a person dispensing when they are dispensing gasoline
running in, the problem that we have of course is parking in
front of the doors and causing a conflict with those people that
are attempting to get gas at the same time.
MR. ILGIN: That won't happen sir, because we have all this food
service and gas attendant they would warn the customers to please
don't park the cars. And as you say, we will put a sign to the
sign saying "No Parking".
CHAIRMAN GOEHRINGER:
selling beer?
Now would this convenience store also be
MR. ILGIN: IN the future maybe.
CHAIRMAN GOEHRINGER: I don't think I have any specific questions
at this time. I will see if there is anybody else in the audience
who like to speak either for or against this application. Seeing
no hands, I ask the Board members if they have any specific questions.
I guess this is an easy one Garrett, we thank you very much. And
we will do the best we can. I am sure we will spend some time on
this. This gentlemen has been very gracious, I should Say for the
record. I know that he has been waiting, he was kind of caught up
in the new Master Plan change and he was during the summer of 1989
very gracious and calling~and there was no answer I could give to
him at that point. So I assume that this application is basically
a culmination of that situation. I can understand the importance
of him wanting it back. Thank you again.
MR. STRANG: If the Board has any questions, they can direct them
to my office, I will be very happy to forward to the information
to you.
CHAIRMAN GOEHRINGER: We may come down one more time and look at the
whole site plan before we make a decision. Okay. Thank you very
much. Hearing no further questions, I make a motion closing the
hearing reserving the decision until later.
Page 16
Public Hearing--AMAC, Inc.
Southold ZBA 3/5/92
(Ilgin)
MEMBER GRIGONIS: Second
ALL IN FAVOR - AYE. MEMBERS: Grigonis, Doyen, Dinizio, Villa
(Transcribed by tapes recorded 3/5/92)
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
TO:
From:
RE:
Date:
Gerard P. Goehringer, Chairman, Zoning Board
Appeals
Bennett Orlowski, Jr. Chairman
· ' re Service' Station
SuKru I lgin/Empi
SCTM# 1000-122-7-1
ZBA File ~ 4074
February 20, 1992
This is in response to your request of January 6, 1992 for
this Board's comments on the site plan elements applicable to
the above referenced property.
The Board is not in favor of this site plan for a
convenience store.
~he proposed convenience store would be an over-
intensification of this preexisting non-conforming 11,984 square
foot site located in the General Business District (B) which
requires a minimum of 30,000 square feet per lot.
The Board had received a preliminary site plan from your
applicant's agent and commented on it a month ago. A copy of our/~-~
letter and the resultant revised site plan, including the
requested changes, are attached for your information. As you
will note, the ingress and egress are to be marked one way only,
and the employee parking has been located at the west end of the
property. Landscaping has been added as indicated on the plan.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
3anuary 10, 1~92
Ga~rett A. Strang, Architect
Main Road P.O. Box1412
Southold, NY 11971
RE:
Proposed site plan for
Empire Service Station
7400 Main Road, Laurel
Zoning District: General
Business(B)
SCTMg 1000-122-7-1
Dear Mr. Strang:
The Planning Board has received your request for comments
on the proposed site plan for the Empire Service
Station.
The Board will require that curbing and curb cuts be
provided to insure a safe flow of traffic into and out of the
station. Other comments, such as the location of the dumpster,
additional landscaping, employee parking, and one way entrance
and exit to the rear parking area, are as discussed with you by
staff member Robert Kassner at Town Hall on January 8, 1992.
Permits and approvals will be required from the Suffolk
County Department of Health and the New York State Department of
Transportation.
If you have any questions, or require additional
information, please contact Mr. Kassner at this office.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
! FEB 2 I
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
James Dinizio, Jr.
Robert A~ Villa
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971
TELEPHONE (516) 765-1809
TO:
FROM:
DATE:
SUBJECT:
Planning Board
Board of Appeals
January 6, 1992
Site Plan Coordination - Sukru Ilgin
Our File # 4074
Our office has received the above-noted application which is or will be pending
before the Planning Board.
A request is made at this time under the site plan regulations in order that
you may be provided with notice to respond within the next sixty (60) days as
required by Section 100-254B(3).
Please communicate those areas which you feel may significantly affect those
site plan elements applicable in the new project. Your comments, of course,
may be noted by you as "preliminary" at this early time.
Should additional information be necessary, please feel free to stop by our
office to review or make copies as you deem will be necessary for this pre-
liminary review. Thank you.
Attachment -C~/~/..~7~ ~ .
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 6, 1992
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Mr. Garrett A. Strang, RA
P.O. Box 1412
Southold, NY 11971
Re: Applicatoin # 4074--Sukra Ilgin
Dear Mr. Strang:
We are in receipt of the above application in which you have requested a variance
for the proposed convenience store, ancillary to the existing gasoline station.
In researching the history of this parcel, we find that the current owner is
AMAC, Inc.. Please provide us with an Affidavit of Disclosure listing all persons
having an interest in the corporation and this propertY, as well as, a copy of the
current deed.
Since this property is located in the "B" General Business district, we will co-
ordinate this matter with the Planning Board pursuant to Section 100-254 of the
Zoning Code for their preliminary comments on the site plan.
LK: 1 am
Very truly yours,
Kowalskf
~1.~ P.S. At your convenience, please forward your letter of authorization from the
owner corporat~oo consenting to your representation in this application.
NOTICE IS HEREBY.
EN, pursuant to Section 267 of
The Town Law and the Code of
the Town of Southold, the
following matters will be held
for public hearings before the
SOUTHOLD TOWN BOARD
OF APPEALS at the Southold
Town Hall, 53095 Main Road,/,
Southold, New York 11971, on
, THURSDAY, MARCH 5, 1992
commencing at the times
specified below:
(1) 7:30 p.m. Appl. No. 4075-
MICHAEL HERBERT.
Variance (hearing reconvened), i
For permission to establish
business sales office in addition :.
to existing uses as an owner-,.--i
occupied two-family dwelling
with manager's quarters. The lot
area applicable to each use in
th s Hamlet-Business Zone..
District is 20,000 per unit/us~
The lot as exists is nonconfor-
ming for the existing principal
uses having a total lot area of
20,129+ sq. ft. Location of Pro-
perty: 795 Pike Street, Mat~/
tituck, NY; County Tax Map
Parcel No. 1000-140-2-23.
(2) 7:35 p.m. Appl. No. 4083-
LEONARD AND DONNA
SCHLEGAL. Variance to the
Zoning Ordinance, Article
XXlII, Section 100-231, for ap-
proval of fence exceeding the
maximum four-foot height re-
quirements in the front yard area/
and located along the northerly'
side property line. Location of
Property: !475 HomePike Road,
Mattituck, NY; also shown on
the "Map of Point Pleasant"
filed in the Suffolk County
Clerk's Office on May 17, 1916'
lis Map No. 720, filed Lot Nos.
13, 14, and part of 12 (contain-
ing 2.563 acres of total lot area);~'
County Tax Map Parcel ID No.
1000-114-1-5.1.
(3) 7:40 p.m. Appl. No 4071-
JOSEPH F. BARSZCZEWSKI,
JR. Variances to the Zoning Or-
dinance, Article XXIV, Section
100-244B, for permission to
reduce setbacks, and Article
XIV, Section 100-142, for lot
coverage at more than thirty/'
(30%) percent of the total lot
area. Applicant/owner is pro-
posing to located a proposed
principal storage building in this
Light Industrial (LI) Zone
District and will be required to
obtain appro{'al from the
Southold Town Planning Board
concerni_ng the site plan resula-
tions applicable for this noncon;/.
forming lot. Location of proz
petty: 145 Kerwin Boulevard,
Green~ort. NY; Map of Peconic
*,, Tax Map ID No. 1000-53-2-9.
(4) 7:50 p.m. Appl. No. 4084-
MARY C. BRENNAN.
Variance to the Zoning Or-
dinance, Article IliA, Section
100-30A.3, for approval of open/'
porch (deck with roof) replacing
previous deck structure, with an
insufficient rear yard setback
and lot coverage at more than
twenty (20%) percent of the
total lot area. This parcel of land
is located in the R-40 Zone
District and is nonconforming
as to lot area (containing 3201
sq. ft.), width at 45 feet, and lott
depth at 71.41 feet. Location of
Property: 319 Champlin Place,
Greenport, NY; County Tax
Map Parcel No. 1000-34-3-41.__]
/" (5) 7:55 p.m. Appl. No. 407~-~X
AMAC, INC. (Sukru Ilgin) for
a Variance to the Zoning Or-
dinance. Article X, Section 10lB
(12) and Section 100-102, Bulk,
Area and Parking Schedule, for/
permission to establish retail
sales of packaged food and non- ~
food items as usually found in ~
a convenience store, as an ac-'l
cessory to the existing gasolinel
service station, eliminating the
service and repair areas (which
were conducted in the existing
bay areas of this one-story
building.) Subject premises is/
nonconforming as to total lot
area and depth in this "B"
General Business Zone District.
Location of Property: 7400
Main Road, Mattituck (Laurel
School District), NY; County
Tax Map Parcel No.
1000-122-7-1.
(6 and 7) 8:00 p.m. DR.
PHILIP J. CENTONZE and fl
MARILYN CENTONZE --
regarding premises known as
5700 North Road (County Road
48), Mattituck, NY; County Tax
Map Parcel No. 100-140-2-11.
Applicants, as contract vendees,
are requesting:
(a) Appl. No. 4982- Variances
to the Zoning Ordinance, Arti-
cle VII, Section 100-72 for ap-./
proval of the nonconforming
area of the lot area for the
establishment of two principal
uses by the addition of a profes-
sional dental office on the first
floor, and retaining livable floor
area on the second floor (for a
single-family dwelling unit), all
within the existing structure. The
lot area applicable to each usej
in this Residential-Office {,RO)
Zone Distric~ iS~40~000' s'q~ ft.
This lot is nonconforming as to
area and width.
(b) Appl. No. 4081- Special
Exceptions to the Zoning Or-
dinance, Article VII, Section
100-7lB (2&7) for permission to
establish first floor professional
dental office, as permitted by/
Section 100-71B(2), and a se-
cond floor apartment not
ceeding 750 sq. ft. livable floor
area, as permitted by Section
100-71B(7).
(8) 8:15 p.m. Appl. No. 4076-
FUTURE SCREW MACHINE
PRODUCTS (MR. AND MRS.
WARREN E. HUFE, JR.)
Variance to the Zoning Or-/"
dinance, Article VIII, Section
100-82 for approval of an addi-
tion, for storage purposes only,
having an insufficient setback
from the westerly side property
line. Subject premises is a non-
conforming lot located in the
Light Business (LB) Zone
District. Location of Property:
North side of County Road 48e'
and the westerly side of Kenny's
Road, Southold, NY; County
Tax Map Parcel No.
1000-59-7-33.
(9) 8:20 p.m. Appl. No. 4068-
ELEANOR SIEVERNICH.
Variance to the Zoning Or-
dinance, Article XXIII, Section
100-239 and Article III, Section
100-32, Bulk, Area and Parking,.
Schedule, for approval of the
upland area of proposed Lot #I
(79,449 sq. ft.) and proposed LO~
fi2 (74,568 sq. ft.), and for ap-
proval of the insufficient width
of proposed lot #2 (73.37 ft.)
along Cox's Neck Road (a/k/a
Cox Lane). This project is a
Minor Subdivision Application '
also pending before the~'
Southold Town Planning Board.
Location of Property: Easterly
side of Cox's Neck Road, Mat-
tituck, NY; County Tax Map
Parcel No. 1000-113-8-5, con-
talning a total of 3.765 acres.
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
also be submitted prior to the
conclusion of the subject hear-
ing. Each hearing will not start
before the times designated
above. For more information,
please call 765-1809 or visit our
office.
Dated: February 13, 1992.
BY ORDER OF THE
SOUTHOLD TOWN~
BOARD OF APPEALS
OERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
IX-2/20/92(4).
COUNTY OF .SUFFOLK
· STATF. OF N['_'W YORK SS:
P~tricia Wood,' being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed aL Somhold, in Sufl'olk Counw;
and that the notice of which the annexed is a print, ed copy,
h.~s been pul) s'~ed in said Long Island 'l'rav('ler-Watcim~an
once each week For. ............... // weeks
successively, commencing on tl~e .......... '?.. ~ .~ .......
.c,',v(),'n I() l)e£m'e mc Ibis '~ff
.' .................... (lay o1'
Nolary Public
B^RBAR^ ^. 8¢HNEIDER
NOTARY PUBLIC, Slttte of New York
No. 480G846
Qualilied in Sulfolk Co~nlyl
Commission Expires ~/3 I~.~
NOTICE O1: IIEARINGS
NOTICE IS 1 .IEREBY GIVEN.pur'
suant to Section 26'I of thc Town
Law and thc Code of thc Town of
$outhold. thc following mattcrs
xvill be held for public hearings be-
for thc soUTIIOLD ToWN BOARD
OF AppEALS at thc Southold Town
l!a0. 53095 Main Road, South°ld7
New york 11971, on TIIUP. SDAY.~'
MAR. CH 5. 1992 commencing at
thc times specified below:
(1) T 30 p.m. Appl. No. 4075
(hcarlng rcconvened)- For purm~s.-
requirement in the front ayea;~
required to obtain approYal .from
rcgu ations .applicable f?' thioSf
(5) 7 55 p.m. AppI. No. 4074
INC, (Sukru llgin) for a
X. Section 10lB(12) and
Schedule. for permission/
o establish retail sales of packs§cd
[ and non-food items as usually
the existing gasoline
the existing bay areas
)f this onc-stoq' building.) Subject
General Business Zone District, Lo-
cation of Property: 7400 Main
Road, Mattituck (Laurel School
District), NY; County Tax Map
(6 and 7) 8:00 p.m. D {. P IILI~
J. CENTONZE and MARILYN CEN-
TONZE -- regarding premises
kt own as 5700 North Road
(County Il-cad 4gl, Matt tick.
County Tax Map parcel No. 1000-
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
~.,~/~ d~C~-/c: C-/~_~_.~ Of Mattituck, In
~un~ieg duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published et Mattituck, in the Town of Southold, County of
Suffolk and State of New York~ and that the Notice of which
the annexed is a printed copY, has be~n regularly published in
said Newspaper once each week for / weeks
successively, commencing on the __.~-~ - day of
Principal Clerk
AppI. No. 4082 -- Variances
VII. Section 100-72 for approval of
th~ nonconfomxing atga of the lot
~rinc pal uses bY thc addition of a
profess oua dc;tM office on theft
first .oor. and retaining livable
(9) 8:20 p.m. ~pI'.~d. 4068
single-family dwelling unit), all
wilhin the existing structure. 'lhe
lot area applicable to each usc in
this Rcsidcutial-Offic¢ (Re) Tx)nc
District is 40.000 sq, ft. This lot is
nonconforming as to area and
width.
(b) Appl. No. 4081 -- Special
Exceptions to the Zoning OMi-
nancc. Article Vii, Section 100-
7lB(2 & 7) for permission to
establish first floor professional
dental office, as permitted by Sec-
tion I00-71B(2), and a second
floor apartment not exceeding 750
;q. ft. livable floor area, as
}ermitted by Section 100-7111(7),)~
(8) 8:15 p.m. Appl. No. 4076
:UTURE SCRF. W MACIIINF.
PROI)UCTS (Mit. AND MRS.
o thc Zoning Ordinance, Articlc
t/HI, Section 100-82 for approval
>f an addition, for storage purposes
>nly, having an insnfficient sct-
~ack from the westerly side prop-
to tile Zoning Ordinance, Article~l
XXI[1, Section 100-239 and Article
Il, Section 100-32, Ihtik, Area and
~arking Schedule. for approval of
he upland area of proposed Lot #1
79.449 sq, fl.) and proposed Lot
/12 (74,568 sq, ft.), and for ap-
proval of the insufficient width of
proposed lot I/2 (73.37 ft.) along
Cox's Neck Road (a/k/a Cox Lane}.
'Dtis project is a Minor Subdivision
Application also pending before
the Southold Town Planning Board.
NY; Counly Tax Map Parcel No.
of 3,765 acres.
'l'ne Board of Appeals will at said
time and place hearing any and all
persons or representatives desifing~
of the subject hearing. F. ach
~ty linc. Suhjccl premises is a information, please call 765-1809
Light Business (LI)) Tx)nc District. , Dated: February 13, I992.
.ocafion of Property: Noah Side of I
County Tax Map Parcel No. IIYORDEI~'OF'IIlI';SOU'IIlOLD
~'ounty Road 48 and the Westerly TOWN IIOARDOFAppEALS
lido or Kcnny's Road. Southold, GEILM~,DP. GOEIIRINGER
-7 -33. ' CI IAII~VlAN
By Limla Kowalski
7294- I TF20
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
· Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOA~ OF APPEALS
TOWN OF SOU~OLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written eopy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
~q.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4074
Project/Applicants:
County Tax Map No.
Location of Project:
Sukru Ilgin
1000-122-7-1
7400 Main Road,
Laurel
SCOTT L. HARRIS
Super~sor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
January 23, 1992
Relief Requested/Jurisdiction Before This Board in this Project:
Create convenience store in a gasoline station with insufficient
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 944-4 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.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To:
From:
Dated:
Re:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
December 17, 1991
Zoning Appeal No. 4074 - Sukru Ilgin
Transmitted herewith is Zoning Appeal No. 4074 application for a variance
submitted by Garrett Strang for Sukru Ilgin. Also included is: application
for a building permit; Notice of Disapproval from the Building Department
dated November 25, 1991; Notice to Adjacent Property Owners; Short
Environmental Assessment Form; Z.B.A. Questionnaire; site plan; and
property plan. ~~~
Judith T. Terry
Southold Town Clerk
AFFIDAVIT
Date: January 8, 1992
I, SUKRU ILGIN,
member of
there are
affirm that I am the sole corporate
the corporation known as AMAC, Inc. and
no other interested parties.
SU~LG~N
///
Sworn ~o ~efore n%~/ ~h~i'S~t~' /~
day of January, 1992.
NOTRAY PUBLIC
State of/New York
MARY M. FIOTO
NOTARY PUBLIC, STATE OF NEW' YORK
SUFFOLK COUNTY-NO. 52452297{}-,~
COMMISSION EXPIRES NOV. 30,
PROJECT LB, NUMSER 617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be com~)leted by Applicant or Project sponsor)
1. APPLICANT/SPONSOR i 2. PROJECT NAME
Garrett A..Stran~r Architect I Empire Gas/Convenience Store
3. PROJECT LOCATION:
Mumcm,,~ Southold County Suffolk
4. PRECISE LOCATION (Street address and road interse~tlofls, I;rominent lan(tmarl~$, etc., or Drovide mar))
7400 Hain-Road, taaurel New Yorkl
Westerly iintersection of N.Y.State Rt. 25 (Main Road)
and Old Main Road together with Bray Ave.
SEQR
5. iS PROPOSED ACTtON:
[] New [] Expansion [] Modlficatlonlalteration
6. DESCRIBE PROJECT BRIEFLY:
Conversion of existing garage bays into
Convenience store as accessory to existing
Gasoline sales
7. AMOUNT OF LAND AFFECTED:
Initially 0.2 7 5 acres Ultimately 0 · 2 7 5 acres
8. WILL PROPOSED ACT=ON COMRLY WiTH EXISTING ZONtNG OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes ~ NO If NO, ~e$¢rit~e ~rietly
Variance required due to inadequate lot area.
WHAT IS PRESENT I.~,ND USE IN VICINITY OF PROJECT?
[] Residential [] Inclustrial [] Commercial [] Agriculture [] ParklForestlO(~en sDace ~ Other
t CERTIF~f THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEET OF MY KNOWLEDGE
ADolicanl/sponsor~rang._. -. = ~ Architect. Date: Dec.
16, 1991
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 made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered NO it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site Or physically'alter more
than 10 acres of land? Yes :XXN0
2. Will there be a major change to any unique or
unusual land form on the site? Yes XXNo
3. Will project alter or have a large effect on
an existing body of water? Yes XXNo
4. Will project have a potentially large impact on
groundwater quality? Yes XXNo
5. Will project significantly effect drainage flow
on adjacent sites? Yes XXNo
6. Will project affect any threatened or endangered
plant or animal species? Yes XXNo
7. Will project result in a major adverse effect on
air quality? ___Yes
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes XXMo
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologioal
importance or any site designated as a critical
envircamental area by a local agency? Yes X~iO
10. Will project have a m~jor effect on existing or
future recreational OppOrtunities? _ Yes XXNo
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? _ Yes XX NO
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project,s operation? .. Yes xx No
13. Will project have any impact on public health
or safety? Yes XX 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 XX NO
period o__r have a major negative effect on the ~
character of the community or neighborhood?
15. Is there public controversy concerning the .
~reparer,s Signature: (Garrett A. Strang, R.A.
RePresenting: Owner - Sukru Illin Dec. 16, 1991
ZBA g/'~5 Date:__
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
Sukru Illin Owner
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{ X} No. (~f Yes, pl~n~ attach uot~/ af "conditions" of sale.)
C. Are there an~l~roposals to =hange~r alter land contours?
{ } Yes {X} No
1. Are there any areas which contain wetland grasses? NO
2. Are the wetland areas shown on the map submitted with
this application? N/A
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 e~t ~z~d are not shown on the survey map that you ara
submitting? None If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? No If yes, please submit a copy
of your building 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 Sales/ Service Station and
proposed use Gasoline Sales/ Convenience Store
./~,,~-J-~-~ ~Dec. 16, 1991 Garrett A. Strang, R.A.)
Authorized Signature and Date
3/87, 10/901k
§ 9%13
WETLANDS § 97-13
TOWN m The Town of Southold.
TRUSTEES -- The Board of Trustees of the Towu of
Southold. [Added 6-5-84 by L.L. No. 6-1984]
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by* t. T, No. 6-1985]: -~'~:~' '.' ? · '"~ '
' TIDAL WETLANDS:
(I) 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, fiats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, fiats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the followin~ salt hay, black
grass, saltworts, sea ]avender, tall cordgrass, high
bush, cattails, ground~eL marshmnllow and
(3)
All l~nd immediatel~ adjacent ~ a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most ]andxvard
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 24-0107, Subdivisions l(a) to l(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 xvith-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z- ~-s- ss
Y
0
0
0
THIS INDENTURE, ma(lc the ~ ~- day of February , nineteen hundred and eighty-eig~
BETWEEN
7400 MAIN ROAD REALTY CORP., with princip~~-------~
located at 7400 Main Road, Laurel, New Yo: ~
!!ii!,JAN 2 1992
party of the first part, and t!~ ....
AMAC INC., with principal_ offices located~t' . "
party of the second part,
WITNE. SSETH, that the party of the first part. in consideration of ten dollars and other valuable consideration
paid by tile party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of thc party of the second part forever,
ALL that certain plot. piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being~41~: at Mattituck, Town of Southold, County of
Suffolk and State of New York, bounded and described as
follows:
BEGINNING at the corner
southerly side of Main
of Old Main Road;
formed by t~e intersection of the
(State) Road and the northerly side
RUNNING THENCE along the southerly side of Main Road (N.Y.S.
Rte. 25) north 53 degrees 01 minutes 20 seconds east, 269.68
feet;
RUNNING THENCE south 21 degrees 47 minutes 40 seconds east
108.53 feet to the northerly side of Old Main Road;
RUNNING THENCE along the northerly side of Old Main Road
the foilowin~ two (2) courses and distances:
1) South 87 degrees 14 minutes 50 seconds west, 87.22
feet; and
2) South 71 degrees 14 minutes 50 seconds west, 178.06
feet to the corner, the point or place of BEGINNING.
BEING AND INTENED to be the same premises conveyed by deed
dated 10/29/87 and recorded 11/27/87 in Liber 10479 at
page 473.
Also known as 7400 Main Road, Laurel, New York
TO(;ILTHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutt.,g the above described premises to tile center lines thereof; TOGETHER with the appurtenances
and all thc cstatc and rights of the party of thc first part in and la said premises; TO HAVE AND TO
HOLD thc prelm-,rs herein granted unto the party of the second part, the heirs or successors and assigns of
thc party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered s~l~hing
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance witb Section 13 of the Lien Law, covenants that the party of
thc first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
tilt. same first to the payment of thc cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall ~ constrned as if it read "parties" whenever the sense of this indentpre $o requires.
IN WITNESS WHEREOF, the party of the first part bas duly executed this deed the day and year first a~ve
written.
.... _. ...........
OF:
'$ .... '
FEB 23 ,:.:" :
g8737
I I
.JJ345 L;273
STATI OF NlW YOI~ COUNTY 01~
On the day of
personally came
SS:
19 ' , be'fore me
to slw known to bt' the individual described in anti who
executed the foregoing inslrument, and acknowledged that
executed the same.
f~.Ti OF NK~_~YORK, COUNTY OF SS:
On the~-~''c"'"day of Febrt.lary 19 88, before me
personally came SUKRU 'rLGTN'
to me known, who, being by mt' duly sworn, did depose and
say that he reskles at No.
that he is" 7400 Main Road, Laurel, N~
of mepresident
7400 MAIN ROAD REALTIfie corporatio, described
in and which executed tile foregoing instrument; that he
knows the seal of said corporation; that the seal afl~xed
to said instrument is such corporate seal; that it was so
al~xed by order of the board of directors' of said corpora-
tion, and that he signed h )~name thereto by llke order.
NOTARY PLIBLI~,/
WITH COVENANT AGAINST GRANTOR s AcTs ',
TO
f
Di. rib.ttd by
T.P.S. ABSTRACT CORPORATION
350 OLD COUNTRY ROAD
GARDEN CITY, NEW YORK 11530
Nassau - 248.6550 Suffolk - 273-8000
STATE Of NIW YOLK, COUNTY OF SS:
On the day of 19 , before me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YORK. COUNT~ OF SS:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom ! am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
;
that he 'knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SZCriON 12 2
BLOCK 0 7
LOT 0 01
COUNTY OR TOWN Suffolk
~ .
I~dum by Mail to
ROBERT KROLL, ESQ.
1808 West Merrick Road
Merrick, N.Y. 11566
Zip No.
¥11].~N I,X '¥
?eGONIG
./.
p~GoI~G
COUNTY OF SUFFOLK
~outhold Town Board of Appeals -5- January 11, 1991
Regular Meeting
DELIBERATIONS/DECISION: Appl. No. 3788 -
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 hav~ 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.
Board of Appeals -6- January 11, 1991
Regular Meeting
(Appl. No. 3788 - SUN REFINING & MARKETING Decision, continued)
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 ~asoline sales and
accessory convenience store for the on-premises sales of
packaged food and nonfood itemsf without on-premises food
services, incidental to and in conjunction with the existinq
~asoline service station use, and (b) for approval of the
location 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;
Board of Appeals -7- January 11, 1991
Regular Meeting
(Appl. No. 3788 - SUN REFINING & MARKETING Decision, continued)
(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 method feasible for appellant
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, ~elfare, 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:
Board of Appeals -8- January 11, 1991
Regular Meeting
(Appl. No. 3788 - SUN REFINING & MARKETING Decision, continued)
I. 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. Ail engine/vehicle repairs and/or car washing services
must cease;
6. No drive-thru or (window) drive-in services
(convenience store);
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.
§ 25.3~
NEW YORK ZONING
Anami Realty Corp. v Curcio, 158 AD2d ~4, 552 NYS2d 46
(1990, 2d Dept).
§ 25.36. --City and village boards.
The Board of Standards and Appeals lacks power to reconsider
and reverse or modify its earlier grant of an exception, and such
power may not be asserted through an exercise of rulemsl~ing
power. Louzoun v Deutsch, 152 AD2d 657, 543 NYS2d 528 (1989,
2d Dept).
A board of zoning appeals cannot revoke a variance granted to
a prewous owner thirty years earlier solely on the ground that
changes in the neighborhood made commercial use an undesira-
ble use at the site. Tohr Industries Corp. v Zoning Bd. of
Appeals, 148 AD2d 457, 538 NYS2d 610 (1989, 2d Dept), app gr
74 NY2d 607, 544 NYS2d 820, 543 NE2d 85 and affd 74 NY2d
575, 549 NYS2d 951, 549 NE2d 142.
Where a hearing on an application for a variance was re-
opened several months after a hearing on the application was
concluded, a notice of the hearing was required. Rendino's Truck
& Auto Collision, Inc. v Zoning Bd. of Appeals, 159 AD2d 949,
552 NYS2d 791 (1990, 4th Dept).
§ 25.37. New application for identical relief.
A decision denying a variance is res judicata in a subsequent
application which raised the same substantive issues, notwith-
standing that the applicant seeks to raise constitutional issues
which could have been raised in the earlier application. Ken-
nedy v Zoning Bd. of Appeals, 535 NYS2d 638 (1988, App Div, 2d
Dept), companion case (App Div, 2d Dept) 535 NYS2d 636.
Where a beard of appeals granted a variance on condition that
a building permit be acquired within one year, and the land-
owner failed to acquire the permit within the time limited, and
reapplied for the same variance, the board erred in refusing the
permit without any showing that conditions had changed. Amer-
ican Red Cross, Tompk/ns County Chapter v Board of Zoning
Appeals, 161 AD2d 878, 555 NYS2d 923 (1990, 3d Dept).
A town beard of zoning appeals may deny an application for
an area variance to permit construction on a substandard lot
where an application for identical relief was denied when filed
on behalf of the applicants predecessor in title. Pettitv Board of
Appeals, 160 AD2d 1006, 554 NYS2d 723 (1990, 2d Dept).
Und. er an ordinance which prohibited a second application for
a variance within one year, an application for subdivision ap-
l10
BOARD OF ZONING APPEALS
§ 25.39
proval which requested the variances denied less than one year
prior to the application was beyond the jurisdiction of the board.
Anami Realty Corp. v Curcio, 158 AD2d 684, 552 NYS2d 46
(1990, 2d Dept).
§ 25.38. New application for different relief.
Where a landowner applies for a variance to build on a
suhstavdord lot, after his contract vendee has been denied a
variance for the same lot, he is entitled to a hearing on his
application because his claim of a substantial difference in the
second application is supported by his ability as owner to show
financial injury and by the fact that he lest a sale to the first
vendee through denial of the variance. Siciliano v Scheyer, 131
AD2d 679, 516 NYS2d 758 (1987, 2d Dept).
It is not unreasonable for a board of appeals which has denied
a previous application for a special permit to construct a 30-foot
deck to refuse to hold a hearing on an application requesting a
28-foot deck. Crandell v Wigle, 148 AD2d 943, 539 NYS2d 184
(1989, 4th Dept).
§ 25.39. Referral to county or regional p~nnlng board.
Where referral of a variance application is required by § 239
m of the General Municipal Law, the board of appeals is without
jurisdiction to determine the matter until a recommendation
from the county planning board is received. Zagoreos v Conklin,
109 AD2d 281, 491 NYS2d 358, (1985, 2d Dept), citing Anderson,
New York Zoning Law and Practice § 19.09 (3rd ed, 1984).
Approval of a proposed subdivision by a county planning
board need not be supported or explained by such county board.
Reed v Planning Bd. of Chester, 120 AD2d 510, 501 NYS2d 710
(1986, 2d Dept).
111
· -..SO~'£HOLD TOWN PLANNING BOARD 21 APRIL 27, 1992
Mr. Orlowski: There is nothing left on my agenda tonight. Does
anyone have any questions?
Ms. Geraghty: I have the homeowner of
perhaps he could answer some questions
we may have another moment?
Summit Estates and
that were not answered if
Mr. McDonald: At this point, from my standpoint, I would like
to see what we can put down in writing to get a written
response. We need to digest what the neighbors have to say and
see if we can make any sense out of that.
Mr. Fakiris: I am not going to produce the project if we delay
it any longer. The time is very critical so if you want to
postpone it for another year, I don't think I am going to be
able to provide the expenses.
Mr. Orlowski: I don't see it being postponed for another year,
we have some questions that were brought up tonight in the
public hearing process.
Mr. Fakiris: I am here to answer your questions.
Mr. Orlowski: Well, like Mr. McDonald said, we are going to
review everything and then we will get back and put our
questions in writing and get an answer back in writing.
Mr. Fakiris: O.K.
Mr. Orlowski: Anyone else have any questions'?
Mr. McDonald: Our attempt would be to get the answers to make
a resolution on this subdivision for the next meeting right?
Would that be our intent?
Mr. Orlowski: Yes, our next meeting.
any comments or questions for us?
Does anyone else have
Mr. Orlowski: Mr. Strang did you have some questions?
Mr. Strang: Good evening, I addressed a letter to the Board
this past week and attached with it a copy of a sketch of a
proposed amendment to the site plan that has been before the
Board for discussion on the subject premises in Laurel, the
present Empire Service Station with the intent to put the
convenience store in the present service space now. As per the
comment the Board presented the last time with respect to
waiting for the input from the State DOT, it became evident
when we received that letter from the DOT that the extent of
SOUTHOLD TOWN PLANNING BOARD 22 APRIL 27, 1992
improvements that they want along NYS Route 25 is considerably
disproportionate in cost to the extent of the allowed
development of the convenience store which has already been
reduced to 600 square feet. It was our position that the input
from the State DOT was prompted by the fact that we had asked
for a curb cut entrance from State Route 25 to service this
particular facility. At this point, we feel with the reduction
of the size of the convenience facility allowing us to reduce
the amount of parking to be provided to that facility that we
can serve that facility with a single entrance from the Town
road as opposed to the State road. This really provides several
different situations. 1. The existing use that presently
exists, that being gasoline sales and fuel sales, will remain as
it is with no modification to the site plan required. The new
use which the Zoning Board has in giving its variance has
requested the access strictly from the East side of the
building. Basically, it dictates that the entrance to that area
will be from the East side of the building and the parking to
service will be to the East side of the building. As shown on
the sketch, entrance to that parking will be from the town
road. It is obvious that what we are attempting to do here is
access that parking and
deal with the Town and not the State, since the State seems
unwilling to discuss further anything with respect to the State
road other than these very expensive improvements. This is the
reason for this presentation as an alternate and to see what
the Board's input on that might be.
Mr. Orlowski: So, access to the store is going to be off Old
Main Road?
Mr. Strang: The access to the parking area to service the
convenience store will be from Old Main Road which I have been
told is a Town road and not a State road.
Mr. Orlowski: Everything to the north will be planted in grass
and there will be no access on to the Main Road.
Mr. McDonald: 'Is it your understanding that that would take
this out of the jurisdiction of the DOT?
Mr. Strang: Well, I am hoping that that is the case. I am
hoping and I believe it if we don't make an application for a
curb cut from them we don't have to touch the DOT and we're not
looking for a curb cut from it because we are not trying to gain
access for this particular use or purpose on to the State
highway. The other thing from a circulation point of view, I
felt that the way it was set up originally was with the access
from the Main Road and when the ZBA came along and said well,
you can only have a door entering a convenience store from the-
East side, it is dictative that someone obtaining gasoline when
they are finished would have to exit onto the Main Road for
approximately fifty feet or so and then zip right back into that
parking lot. You are running out onto the highway where traffic
~ ~SOUTHOLD TOWN PLANNING BOARD 23 APRIL 27, 1992
is moving at 50 mph and zipping right back in again to the other
location. That really wasn't in retrospect such a great
situation. This present solution, anyone who is using the gas
islands, who then wishes to take advantage of the convenience
store would do so from the Old Main Road which has minimal
traffic on it at any given time. The conflict there is much
better I think, or the lack of conflict there is much more
obvious.
Mr. McDonald: Did the ZBA decision say anything about there
should be one way traffic there.
Mr. Strang: It did under our old site plan in that, that was a
condition that this Board wanted, it was a condition that we had
no problem with and that traffic would enter from the Main Road
or the State road and exit onto the Old Main Road. Now, again,
that was with I think six or seven parking places in that
parking lot. We are now down to three places in that parking
lot and I don't see that a two way in and out from the Old Main
Road really is a problem or a condition that is worthy of any
concern.
Mr. McDonald: The only thing that occurred to me that their
decision actually says access shall be.
Mr. Strang: I could also ask for a clarification from the ZBA.
Mr. Orlowski: For a convenient store, isn't it a little
inconvenient to drive off one road and back on to another and
then back on. What do they sell in this store?
Mr. Strang: Originally, we had hoped that the Zoning Board
would go along with our idea that the convenient store would be
accessed from the gas dispensing area. It made a lot of
sense. It is not a self service station, it is a full service
station so someone while their fuel is being dispensed could
take advantage of the convenience store and come out and drive
away when the vehicle is finished being fueled. But they felt
that it was better for what ever reason to have the entrance
solely from the East side of the building and did put a
condition in the decision that there would be no access from the
West side of the site to the convenience store. Maybe, a
convenience store is a misnomer in this case but it is still a
desire of my client to have a store of this nature at his place
of business.~
Mr. McDonald: A condition has been put on it that there shall
be an entrance from the North side of the property and a exit
from the South side from the subject premises onto the Old Main
Road. No exiting shall be allowed on the Main Road at the
Easterly yard area. I guess you have to go back to them and ask
them, I mean I guess we have to ask them how they feel about
this. If they feel it is a non-issue, it is a non-issue.
SOUTHOLD TOWN PLANNING BOARD 24 APRIL 27, 1992
Mr. Strang: I think that condition was predicated on the old
site plan which was the desire of this Board and again not a
problem with us to have it as a one-way traffic flow through
there and it certainly made.sense.
Mr. McDonald: But, I imagine I will have to touch base with
them. I am not talking about a formal application.
Mr. Orlowski: What are you going to sell in this store?
Mr. Strang: The usual convenience store items, bread, milk,
eggs, beverages.
Mr. McDonald: While you are here, I noticed on the plan that
you attached the letter that shows the planter boxes in front of
the storage area. How are you going access the storage area?
Will it be from the rear along with the convenience store?
Mr. Strang: There is presently a door from the storage area on
the south side of the building or to the storage area from the
south side of the building.
Mr. McDonald: The overhead doors are not functional?
Mr. Strang: The overhead doors are going to be removed and
replaced with store front glass.
Mr. McDonald: There is an arrow that says pavement there but
there is an arrow that one might think was a entrance way going
into the convenience store from the gasoline side.
Mr. Strang: That is a carry over from the former site plan,
that Will be eradicated.
Mr. McDonald: So, you wouldn't actually have an opposition to
moving the planter boxes right along to the gas station Office?
Mr. Strang: No.
Mr. Latham: Fifteen feet seems very narrow to go in there.
Mr. Strang: It is a standard town criteria fo~ a parking area
of.this size. Fifteen foot isle for two way traffic. Up to, I
believe if I am not mistaken, up to nineteen cars can be
serviced with a fifteen foot entrance in and egress and if you
were to go to twenty cars or more then it enlarges to twenty
feet in width. If the Board felt that they wanted a twenty foot
we could give you a twenty foot opening, it is just again there
is only parking there for three cars, it is not like it is a
major parking facility.
Mr. McDonald: You haven't made any estimates about what you
expect in the way of flow here?
~ S0/3THOLD TOWN PLANNING BOARD 25 APRIL 27, 1992
Mr. Strang: Again, it is just a minimal situation and I think
you will notice that to be the case in any of the service
stations in the area that have convenience stores that every
once in a while someone will pull in and make use of it. Most
of the time it is people who are getting gasoline and in this
case, we are all aware it is going be a little bit of a
inconvenience for them to have to go around to the back of the
building since there will be no door facing the gasoline side.
Mr. McDonald: Can we take it over to our work session?
Mr. Orlowski: We will review this.
Mr. Strang: I just wanted to present it to the Board and see
what their initial input was and answer any questions that you
may have at this time.
Mr. Orlowski: He does realize that he can't access it from the
West side.
Mr. Strang: He realizes that, he is happy with it but he
realizes that that is the condition of his variance and he is
willing to accept it.
Mr. Orlowski: I know there is a door going into the office
which then goes into this building but that would have to be
closed off.
Mr. Strang: It is closed presently and will continue to remain
as such. He is aware of the conditions, it is quite explicit
from the ZBA and he was aware of that condition.
Mr. Orl~wski: O.K., we will get back to you. Anyone else?
Mr. Mudd, I know you are here tonight with a question.
Mr. Mudd: I would just like to chat a minute about a piece of
property I own up here on Route 48 and try to explain this
twenty-nine acres and I would just like to get the feeling of
the Board before I proceed and get my shoe laces tied too tight
down the road. The lots up and down that road are all one-half
acre and on the south and also on the east of that road all one
hundred by two hundred and I would like to get the feeling of
the Board to see how we could proceed and make the rest of
those lots up there on 48 to half acre lots and by dedicating
the other acre and a half as open farm space and it will remain
that way as part of a commitment to keep the area in farmland
preservation up there with it. At the present time, there is a
water main that comes down to the last lot from the south. A
one inch water main and I discussed it with the water company
and they were interested in running a main from the Main Road
over to Route 48 so they kind of are very interested in doing it
but it was going to take more money than I am prepared to
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
Garrctt A, Stran~ for Illin :
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
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) ~:~t~'~z~a'~~ [circle choice]
2. That the property which is the subject of the Petition is located adiacent to your oroperty, and is des-
cribed as follows: 7400 Main Road Laurel, New York (tax map # 1000-122-07-01)
Westerly intersection of N.Y. State Rt. 25 (Main Rd.) and Old Main
Road together with Bray Ave.
3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefoil°wingz°ning:district:
"B" General Business
4 Tbat b~, such Petiti~,n, the undersigned will request the following relief: Reduction in required
lOt area due to preexisting non-conforming lot size.
$. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under-
signed are Article X Section 100-102
[ ] 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
be filed in the 5outhold Town Clerk's Office at Main Road, 5outbold, New York and you ma)' then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
B6ard 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-Mattituck 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:' December 16. 1991
Petitioner Garrett A. Strang, Architect
Owners'Names: Sukru Ilgin
Post Office Address
P.O.Box ~412
Southold, New York q1971
Tel. No. (516) 765-5455
[Copy of sketch or plan
purposes.]
showing
proposal
to
be att~ch.ed/fo¥]convenience
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Suffolk Etched Products, Inc. 1556 West Main Street, Riverhead,
New York
11901
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
From:
Garrett A. Stranq, R.A.
P.O.Box 1412
_~outhold, New York 11971
..Suffolk Etched Products,
Riverhead, New York 11901
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
Garrett A, Strand. ,residin~at Main Road;
Mattituckr New York , being duly sworn, deposes and says that on th.' 17th day
of December ,19 91 ., deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at 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-
rice at So~tbold
(certified) (registered) mail.
Sworn to before me this /~/~
dayof 7>_:~::~ ,~ ,~:~_ ,19~/
BARbArA A.
NOT~Y PUBLIC. Stere of New Y~r
~. 4730095
~uelif~d ~n ~lfoik
~n Expires ~
; that said Notices were mailed to each of said persons by
~/arrett A. Strang, R.A.
comp]et'ed on
form transmitted
to adjoining
(This side does not have to be
property.owners.)
/ x,/ .. ./ _/. ~'~"~""~'"\,%~
/
' '~~ '~~' '~ ~1 ~!~,~' ~'~:~
::,.-. ,, . , - ~ ·
RETT A. STRANG
Main Ro~ P.O. Box 1412 Southold N.Y. 11971
/
/
I¸1
GARRETT A. STRANG
architect
Main Road R O. Box 1412 Southold N.Y. 11971
'516- 765 - 5455
/
/
GARR ETT
A. STRANG
architec, t
Main Road 'P.O;'Box 1412 Southold N,Y, 11971
· 516 - 765 - 5455_
? ~'.)J
Z
/
architect
Main Road P.O. Box 1412 $outhold N,Y. 11971
516- 765 - 5455