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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