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HomeMy WebLinkAbout3788 APPEALS BOARD MEMBERS Gerard P. Goehrlnger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 OF APPEALS Upon application of SUN REFINING & MARKETING CO. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to the height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; District 1000, Section 142, Block 1, Lot 27. WHEREAS, a public hearing was held on November 1, 1990 and continued on November 29, 1990, in the Matter of the Application of SUN REFINING & MARKETING CO. under Appeal No. 3788; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot with 150.0 feet along the east side of Factory Avenue and with 198.0 feet along the north side of the Main Road, in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 142, Block 1, Lot 27. 2. The subject premises contains a total area of 24,139 sq. ft., is located in the "B" General Business Zone District, and is improved with a 30' x 66' principal building and two gasoline service (concrete) islands, all as shown on Drawing No. Page 2 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 13-1318 (Rev. 11) as updated October 29, 1990, prepared by Sun Refining & Marketing Company. 3. By this application, the appellant requests Variances: (a) to convert the existing principal building from gasoline sales and vehicle/engine repairs to ~asoline sales and accessory convenience store for the on-premises sales of packaged food and nonfood items, without on-premises food services, incidental to and in conjunction with the 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; (dj the principal building will not be enlarged without prior approval of the Board of Appeals by subsequent application; Page 3 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 (e) also noted is the interpretation of the board, as requested by the applicant, in that the subject canopy structure is an accessory structure, limited to the 18-ft. maximum height requirement {and not the height limitation for a principal building at 35 feet}, and subject, of course, to the rules as apply to accessory structures. 7. In considering this application, the Board also finds and determines: (a) the subject parcel is surrounded by other properties to the north, west, east, and south of the Main Road which are also located and used as regulated by the General Business "B" Zone District; (b) the variance, as conditionally noted below, is the minimum necessary to afford relief; (c) the accessory use as authorized will not alter the essential character of the neighborhood; (d) the difficulties are unique, are not due to the general conditions of the neighborhood, and are not personal in nature; (e) there is no other feasible method for appellants to pursue other than a variance; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or of adjacent use districts; (g) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) in light of all of the above, the justice will be served by granting the variances as conditionally noted below. interests of requested and 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: Page 4 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 1. No cooking, except by portable microwave; 2. No food preparation (must be pre-packaged - including cold cuts and sandwiches); 3. No table service or seating for public use; 4. No signs advertising the convenience store use, except by approval of the Board of Appeals; 5. Ail engine/vehicle repairs and/or car washing services must cease; 6. No drive-thru or drive in services; 7. Convenience store sales shall be limited to self-service (including vending machines, refrigerators); 8. Convenience store is permitted only as an accessory use incidental to the principal use as a gasoline service station (as proposed herein) and within the principal building only, and BE IT FURTHER RESOLVED, to GRANT a Variance for the canopy structure of a size 30 ft. by 103 ft., 29 feet from the westerly property line (along Factory Avenue) and 29 feet from the southerly property line (along the State Highway), provided that the canopy structure not exceed 18 feet in height in the front yard area, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent was: Member Grigonis due to illness.) This resolution was duly adopted. t / HRINGER, ~AI RMAN FORM NO. 3 TO$~ OF SOUTHOLD BUILDING DEPARTMENT TO$~ CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ................. ,19 .~.~.. ~o ~ ' · ....... :.~..~ ........... ... '~.~o~.. ].~... J.~tnl ~ PLEASE TAKE NOTICE that your application dated . .~.~..~ ......... 19 ~.~.. ~o~e~o ~..~..~ ~. ~ County Tax Map No. 1000 Section .... ~ .~ ..... Block ...~J ........ Lot ~.7 .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the tbllowing grounds .~.~ .~..~ .... ......... ~.~. .......... ~ .............. ...~ ....... ~ ............. .~. ~? ~~,.~, ....... ~ .... ~.-~. ~~. ~~.'~. ~..~.~'.~... ~~..~ ......................................... , ..... o. ..... .................................... ..................... ..... Buzld~ng Inspector RV 1/80 TO~ OF SOUTIIOLD. NEW YOI~ ACTION OF THE ZONING BOARD OF APPEALS A~IO~ OF T~ ZO~NG ~O~D OF APPE~ OF T~ TOW~ OF SOUTHO~ ~t~g~ S~ti~, b York Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property (~1~) Bequest for a special exeeption under the Zoning Ordinance ( ) Bequest for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be 'confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aU properties alike in the immediate vicinity of this property and in the same use district because (c)' 9the ~variance (does~ (dOes not) 'observe the spirit of the Ordinance and change the character of the district because (would) :'(would not) and therefore, it was further determined that the requested variance ( ) be granted ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING .BOARD OF APPEALS FORM ZB4 , / ~i, ~p~ ~n c~t~a ~1~ ~e ~tton o~ ~e 9.3 ~e ~vte 25 ~n Road)~ ~tu~, N~ York~ ~l~lt~ng of a ~J~ ~t office, ~d 14 retail M~t~e sto~i, ~e~ ~t~i~ a hi~ ~ity o~ ~ntrati~ ot ~s, By ~v~ I se~ Itat~ affll~d to ~e~ ~o~g cen~r, ~Y cn lifozd ~e ~Ace. ~e B~ ~ ~t ~s oe~i~ aCa~i~ must ~ e~J~ ~ ~ Rules ~ Re~ulat~na f~ oe~ce a~atL~s. The Board £~ndo that strict a~plicat/~ of the Orcttnonce will ~od~e p~actical dif~lculkies o~ ~ecessa~ h~ ~e h~hlp ~d lo ~el ~e p~o~ty ~ ~ost~on ~e~ ~e r~r~tl m gaool~e ~ce o~ 8nd ~lt not ~ge, ~echte, or · heze£oTe, iS was RESOLVED that Cassella Bu~L~e~s, ~nc., S~ Welt ~i~ R~. Hun~l~ ~t~. ~ Y~. ~ ~ a~ e~ ~zMr of F~ A~n~ ~d R~ 25 (~Xn R~d), major repair work to ~ done ~n the o~en. f~fly~SO) ~t fr~ ~ 1~ of any s~Ht or located At a meeting on April 3, 1969, a motion was made and carried to correct error in item % 2 (above). It should read as follows: devices 2. Pumps, lubricating, and other ~9~ubtaxxa~k~k~m~ shall be ~Xmx~xat least 15 feet from the line of any stree~or highway, right-of-way or property line. RES;. LAND TOWN OF SOUTHOLD STREET VILLAGE N~,~S~e~JAT~; ~ ' ~'/~s 3" - ~P ~ s.~.~,,: /d~..r W~ FARM CB. MI~ IMP. TOTAL DATE REMARKS Mkt. Valqe. LOT AGE NEW FARM L Tilleble NOeL Acre BUILDING CONDITION Value: I~t Value FRONTAGE ON WATER ToiaF ON RO,~D DEPTH BUSHED DOCK COLOR ......... TRIM M. reda. Exter~slon Extension Extension Porch Porch Breezeway Garage Patio O.B. Total Foundation Basement Ext. Walls Fire Place Type e~of Donller I~ter!o~ Heat Rooms 1st FIo~r eoo~ ~'~d F~or LR. DR. BR~ PLA_N'NING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 pLANNING BOARD OFFICE TOWN OF SOUTHOLD March 3, 1998 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 RE: CITGO Service Station N/E/C Main Road & Factory Avenue, Mattituck SCTM# 1000-142-1-27 Zoning District: General Business (B) Dear Mr. Wagner, As discussed, enclosed is background information on the proposed convenience store for Warex Terminals. As indicated in my letter of February 4, 1998, a review of the variance granted to Sun Oil by the Zoning Board is required for the above project. The proposed Warex plan differs from the former Sun Oil plan. The Sun Oil plan called for a 30' by 103' canopy oriented in an east west direction, entire property was to receive new eight and one half inch butiminous paving, additional landscaping, and the removal and replacement of the gas pumps. As your project is substantially different from that of Sun Oil, whose plan has been dormant since 1990, and zoning regulations have changed since then, a new site plan and fee would be required for the Warex project. If you have any questions, or require further assistance, please contact Site Plan Reviewer Encls. cc: Laury Dowd, Town Attorney Gel~ard P. Goehringer, Chairman, Board of Appeals Edward Forrester, Director of Code Enforcement Jean w. Cochran, Supervisor PLANNING BOAItD MEMBEIIS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMER$ KENNETH L. EDWARDS GEORGE RITCHIE LA'ri{AM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box ].179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 4, 1998 J. Scott Grupp, RA Notaro Grupp Associates 99 Jericho Turnpike Suite 302A Jericho, NY 11753 RE: CITGO Service Station N/E/C Main Road & Factory Avenue, Mattituck SCTM# 1000-142-1-27 Zoning District: General Business (B) Dear Mr. Grupp As discussed over the telephone on February 3, 1998, the Planning Board referred your application for the construction of a convenience store to the Building Department for certification of the use. The Building Department's review indicates that a Special Exception was g~anted to the previous owner, Sun Oil, in January of 1969, for the service station. The intended use shown on your proposed site plan requires a modification, to the Special Exception previously granted. This application can be made directly to the Board of Appeals. Upon resolution of this matter the Board will proceed with its review. If you have any questions, or require further assistance, please contact fl' e. o~e/~t (]. Kassner Site Plan Reviewer Encl. cc: Laury Dowd, Town Attorney Gerard P. Goehringer, Chairman, Board of Appeals Edward Forreeter, Director of Code Enforcement January 28, 1998 Mr. J. Scott Grupp Notaro Grupp Associates 99 Jericho Turnpike Suite 302A Jericho, NY 11753 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING :~50 VLi~.RANS IMENORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 Your December 17. 1997 Submission Convenience Store/Citeo Gas Station · Route 25. Northwest Comer Factory_ Avenue Mattituck Our Case No. 97-311 Southold Town Planning Board Dear Mr. Grupp: This is in reference to the site plans for the above noted pwject which have been submitted to this office for review. In conducting a review of this project, we find that the following items must be addressed prior to the issuance of a Highway Work Permit. In addition to closing the westerly cm'b cut, we will require that new curb and sidewalk be installed full f~ontage of the property along Route 25. The existing curb cut at the east end of the property must also be removed and replaced in kind. The installation of Interior curbing on the east side of the easterly curb cut will be required. A Maintenance and Protection of Traffic scheme to be used during construction along Route 25 must be shown on the revised plans. The enclosed booklets, "Standard Drawing For Pen-nit Applications" and the Maintenance and Protection of Traffic are enclosed for your use. Please include all details and items number for the installation of concrete curb, sidewalk and apron. The permit fee for this project will be in the mount $200.00, check payable to the State of New York, with the applicants Federal Identification Number indicated on the face of the check. Notaro Group Associates page 2 January 28, 1998 The enclosed Penn 17, Certificate of Insurance, must be completed and returned, or the applicant may submit an additional fee of $175.00, which will satisfy the insurance requirements. A Surety Bond in the mount of $5,000.00 will be required. The enclosed Surety Bond form is enclosed for your use. We will require three copies of revised prints addressing Item numbers 1 and 2. When making your resubmittal, please m~ke reference to the case number indicated above. Question concerning this case should be directed to Mr. Vito Lena of my staff at 952-6025. Very truly yours, Original Signed By THOMAS F. OELERICH THOMAS F. OELERICH, P.E. Regional Traffic Engineer ex:: ~. Irotmer, Town of Southold Planning Deparlment TFO:VFL:BT ARCHITECTS PLANNER,'-; 21 November 1997 Robert G. Kassner, Site Planner Town of Southold Town Hall Main Slrect Southold, NY 11971 Conversion of service station to convenience store comer of Main Rd & Factory Ave Mattituck Section 142, Block 1, Lot 27 Dear Mr. Kassner: Atlached please fred three copies of our site plan for the above referenced project. This site plan is in conformance with the originally submitted site plan that had been approved by the Zoning Board for use and had been submitted to your office for review. We were led to believe that the site plan had been approved by your office but we were never given a ~written notification of your approval that we have been told is required prior to filing for a building permit. l,f you have any questions, please call me. Thank you, in advance, for your prompt attention to our application. by: Airborne Express Town Hall, 5~3095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (S16} 76S-1938 PLANNIHG BOARD OFFICE . TOWN OF SOUTHOLD June 20, 1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requeste~ Action:/ ','~.ant D~oooses to convert a pre-exis in .~X~d service/repair facxl~ty into "qas aha ~9-/convenience store facility. - SEQRA Classification: [ ] Type I ~XX] Unlisted ~: Jill M. Thorp / 516-765-1938 / The lead agency will determine the need for an environmental impact statement (EIS) on this project. Wi_thin thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ~ This agenc~ wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. [ ] [ ] Other. (See comments below) Comments: The applicant is before the Zoninq Board of Appeals for permission to to add a convenient store to the existinq qasoline service station. Please feel free to contact this office for further information. cc: _~oard of Appeals/ k~uilding Department ~"*hcld - '-  ffolk County Dept. of Health Services SDEC- Stony Brook Sincerely, * Maps are enclosed for your review _ Coordinating agencies PARTI C MAYC5 1988 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION . DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESS~IENT FORM For UNLISTED ACTIONS Only Project Information (To be completed by Applicant or Project sponsor) PROJECT I.D. NUMBER Sim Refining, and Marketing M..~c~p,~ Tcx~n of Southold Project Name MaEt±L-uck S~-~oco co..~ Suffolk [] New [] Fxpa~sion "gas Conversion of pre-existin~ "standard" service/repair facility into and go"/conv~lience store ~acility. New York State Route 25 at the intersecti~l of Factory Avenue and i~ain Road. 7. Amount of land a~f(~cled: [] Yes -E~ No If No. descr,be briefly [] ResidentiaJ [] [ndustriaJ ~Commercial [] AgricuJture [] Pa~kland/open space [] Other -' ~ Yes ~ NO If yes. list agenc~s) and permiUapprovals ; T~ og Sou~old - ~l~g ~o~d Apphcan,/,pon$or~ SI~ P~fining and Marketing If tho action is in tho Coastal Area, and you are a state agency, complete the j Coastal Assessment Form before proceeding with this assessment ' OVER TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA, .O. 51 ( , ~, ,~a~;kg!~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ............... of 2. ................................................ Name of Appellant Street and Number ...~...~....,];~,.,.e'l.~.~ ..................................................... .~.,A.. .................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR pERMIT NO ..................................... DATED ...................................................... ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO \ Lawrence Jenkins/District Operatiq_n~.. ,,,M~...g. ager Nome of Applicant for permit of' .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~N~:Y~:S.~:~t~e~2~5~&~F~.~a~t~A~v~a~"u"e~;~S"c~"~- .............. Street /Hamlet / Use District on Zoning Map District 1000 Sectionl42 Block 1 Lot 27 r.~ntI~eq, ~ ' ahd Marketing Mop 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 VI Section100-62(B); Art. VII Sec. 100-70(B) (5), 100-70(C) (1) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (_3() A VARIANCE to the Zoning Ordinance or Zoning MapArticle VI Sec. 100-62(,B) ( ) A VARIANCE due to lack of access (State of New York Town Law Chap.. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 (X) Interpretation o£ A_.-ticZe VI Sec. Z00-62(B)~ Art. VII Sec. 100-70(B)(5) and lO0.-7o(c) 4. PREVIOUS APPEAL A previous appeal ~-~*cfhos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance Article VI Section 100-62(B) (X) An InterPretation of ArCi6Ie VII Sec. 100-70(B) (5) and 100-70(C) (1) is requested for the reason that · .Applicant seeks to convert a pre-existing stand~rd automobile service repair facility into a gas and go/convenience store facility. Form ZB1 (Continue on other side) Con t inue~/ REASON FOR ,~PPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The applicant's position'is that the ordinance per~its such a use by special exception. In the alternative, applicant requests a variance under Article VI Section 100-62(B) because the subject premises are adjacent to the Mattituck shopping center and have been used as a full- service automobile repair facility and gasoline pumping station since the 1960's. The proposed renovations would include the modification of the repair facility into a convenience-type store with no increase in floor area or overall building dimensions. The proposed use not only constitutes \a customary and incidental accessory use to the main use, but it is a%so consistent with the surrounding commerical properties which depend upon a high volume of "stop and shop" type business. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because While retail shopping centers generally require, large parking areas, gas stations/convenience stores do not require such a significant amount of parking area in that convenience store shopping generally involves, a quick stop in the convenience store while a customer's automobile is tended to. A gas station/convenience'store is unique in this regard. The convenience store accessory use does not in and of itself generate significant additional traffic. The great preponderence of its customers have come to the premises to purchase gasoline. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The premises are adjacent to the Mattituck shopping mall which consists of numerous retail businesses. The elimination of the repair facility would result in a reduction in the intensity of the use, elimination of noxio~9 by-products such as waste oils, etco and reduction of parking requirements for stored vehicles awaiting repair or pick-up upon completion of repair. The proposed use would not change the character of the district in that the premises are located in the heart of the main road/Mattituck hamlet core area business district and the upgrading of this existing facility is consistent with the intense commercial use of the surrrounding properties. STATE OF NEW YORK ) ) ss COUNTY OF RECEIVED TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION To~ ClerN South~d TO THE ZONING BOARD OF APPEALS, SOUTHOLO, NEW YORK: Application No.~C ~C'9 Date Filed: /,c~_~ I (We), Sun P~efir~ing and Marketing of P.O. Box 13812 (Residence, House No. and Street) Pb_iladepbia, Pennsylvania 19101 (Hamlet, State, Zip Cod6~ Telephone Number} hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION , SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Conversion of standard autonmbile service/repair facility into gas and go/convenience store facility located on New York State Route 25 at ~ intersection of Factory Avenue and Mmin Road, Southold A. Statement of Ownership and Interest. Sun Refining and Marketing,, ,Inc. is~ the ~ of property known and referr&d to as Sunoco Station. located at New York State Reute 25 (House No.~ Street, Hamlet) ~ the intersection of Factory Avenue and Iz~ Road, Sout~hold ide,tified on the Suffolk Cou,3~y Iax Maps as District ]000, Section 142 , Block 1 , Lot(s) 27 , which is n~_q~(is) on a subdivision Map (Filed -- - , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on Jt~e 5. 1969 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: %]~is application as sub~tted confonzs to all special exception stan~rds as defined in Southold Code Section 100-70(B). Fu~ermore, the pr~ses are in the heart of the I~ Read/F~ttituck I~et core area business dist~-ict ~d the tpgracli_~ of this existing facility is consistant %rith the intense cou~%~rcial use of the surrotnding properties. C. The property which is the subject of this application is zoned [ _] is consi~ten~ with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ~~ STATE OF NEW YORKi ss.: Sworn to, before me this ~ day of ~ , 19~. (Nota-ry' P~b] ic) DIANE M. WORHLE ZB2 (rev. 2/6/86) NOTARY PUBLIC, STATE OF NEW YORK NO. 5249~732.SUFFOLK COU~ TERM F.,XPIRF~ AUGUST 10, 19~. and Southold 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 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 gasoline sales and accessory convenience store for the on-premises sales of packaged food and nonfood items, without on-pr~m~ses food services, incidental to and in conjunction with the existing gasoline 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 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. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 OF APPEALS Upon application of SUN REFINING & MARKETING CO. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to the height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; District 1000, Section 142, Block 1, Lot 27. WHEREAS, a public hearing was held on November 1, 1990 and continued on November 29, 1990, in the Matter of the Application of SUN REFINING & MARKETING CO. under Appeal No. 3788; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot with 150.0 feet along the east side of Factory Avenue and with 198.0 feet along the north side of the Main Road, in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 142, Block 1, Lot 27. 2. The subject premises contains a total area of 24,139 sq. ft., is located in the "B" General Business Zone District, and is improved with a 30' x 66' principal building and two gasoline service (concrete} islands, all as shown on Drawing No. Page 2 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 13-1318 (Rev. 11) as updated October 29, 1990, prepared by Sun Refining & Marketing Company. 3. By this application, the appellant requests Variances: (a) to convert the existing principal building from gasoline sales and vehicle/engine repairs to gasoline sales and accessory convenience store for the on-premises sales of packaged food and nonfood items, without on-premises food services, incidental to and in conjunction with the existinq gasoline service station use, and (bl 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; Page 3 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 (e) also noted is the interpretation of the board, as requested by the applicant, in that the subject canopy structure is an accessory structure, limited to the 18-ft. maximum height requirement (and not the height limitation for a principal building at 35 feet}, and subject, of course, to the rules as apply to accessory structures. 7. In considering this application, the Board also finds and determines: (a) the subject parcel is surrounded by other properties to the north, west, east, and south of the Main Road which are also located and used as regulated by the General Business "B" Zone District; (b) the variance, as conditionally noted below, is the minimum necessary to afford relief; (c) the accessory use as authorized will not alter the essential character of the neighborhood; (d) the difficulties are unique, are not due to the general conditions of the neighborhood, and are not personal in nature; (e) there is no other feasible method for appellants to pursue other than a variance; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or of adjacent use districts; (g) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for permission to convert the existing principal building for sales of gasoline and related items, together with an accessory convenience store, SUBJECT TO THE FOLLOWING CONDITIONS: Page 4 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 1. No cooking, except by portable microwave; 2. No food preparation (must be pre-packaged - including cold cuts and sandwiches); 3. No table service or seating for public use; 4. No signs advertising the convenience store use, except by approval of the Board of Appeals; 5. Ail engine/vehicle repairs and/or car washing services must cease; 6. No drive-thru or drive in services; 7. Convenience store sales shall be limited to self-service (including vending machines, refrigerators); 8. Convenience store is permitted only as an accessory use incidental to the principal use as a gasoline service station (as proposed herein) and within the principal building only, and BE IT FURTHER RESOLVED, to GRANT a Variance for the canopy structure of a size 30 ft. by 103 ft., 29 feet from the westerly property line (along Factory Avenue) and 29 feet from the southerly property · line (along the State Highway), provided that the canopy structure not exceed 18 feet in height in the front yard area, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent was: Member Grigonis due to illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~{AIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-rigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 January 28, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. No. 3788 - Sun Refining & Marketing Dear Mr. Wagner: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our January 11, 1991 Regular Meeting concerning the above application. Please be sure to return to the Building Department and Planning Board, and any other agency which may have jurisdiction, for appropriate approvals ~rior to commencing sit~ alterations, etc. A copy of this decision has simultaneously been transmitted to the Building Inspector and Planning Board Offices for their files and update~ Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copy of Decision to: Planning Board Building Department Suffolk County Planning Commission APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Dinizio, Jr. 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 OF APPEALS Upon application of SUN REFINING & MARKETING CO. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to the height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; District 1000, Section 142, Block 1, Lot 27. WHEREAS, a public hearing was held on November 1, 1990 and continued on November 29, 1990, in the Matter of the Application of SUN REFINING & MARKETING CO. under Appeal No. 3788; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot with 150.0 feet along the east side of Factory Avenue and with 198.0 feet along the north side of the Main Road, in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 142, Block 1, Lot 27. 2. The subject premises contains a total area of 24,139 sq. ft., is located in the "B" General Business Zone District, and is improved with a 30' x 66' principal building and two gasoline service (concrete) islands, all as shown on Drawing No. Page 2 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 13-1318 (Rev. 11) as updated October 29, 1990, prepared by Sun Refining & Marketing Company. 3. By this application, the appellant requests Variances: (a) to convert the existing principal building from gasoline sales and vehicle/engine repairs to gasoline sales and accessory convenience store for the on-premises sales of packaged food and nonfood items, without on-premises food services, incidental to and in conjunction with the existing gasoline 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, miorowaved items, and the like. 6. The following information is also noted for the record: (a) the premises has continuously for the past 22 years been used as an office for sales of gasoline and other incidental merchandise, with small engine/vehicle repairs within the enclosed three bay areas of the principal building, and gasoline sales at the pumps; (b) the use as a convenience store is to be used accessory and incidental to the gasoline-service station and not as a separate principal use or business establishment; (c) the existing vehicle lifts and (three) bay areas will be eliminated and replaced with the accessory convenience store use; (d) the principal building will not be enlarged without prior approval of the Board of Appeals by subsequent application; Page 3 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 (e) also noted is the interpretation of the board, as requested by the applicant, in that the subject canopy structure is an accessory structure, limited to the 18-ft. maximum height requirement (and not the height limitation for a principal building at 35 feet}, and subject, of course, to the rules as apply to accessory structures. 7. In considering this application, the Board also finds and determines: (a) the subject parcel is surrounded by other properties to the north, west, east, and south of the Main Road which are also located and used as regulated by the General Business "B" Zone District; (b) the variance, as conditionally noted below, is the minimum necessary to afford relief; (c) the accessory use as authorized will not alter the essential character of the neighborhood; (d) the difficulties are unique, are not due to the general conditions of the neighborhood, and are not personal in nature; (e) there is no other feasible method for appellants to pursue other than a variance; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or of adjacent use districts; (g) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) in light of all of the above, the interests of justice will be served by granting the'variances requested and as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for permission to convert the existing principal building for sales of gasoline and related items, together with an accessory convenience store, SUBJECT TO THE FOLLOWING CONDITIONS: Page 4 - Appl. No. 3788 Matter of SUN REFINING & MARKETING Decision Rendered January 11, 1991 1. No cooking, except by portable microwave; 2. No food preparation (must be pre-packaged - including cold cuts and sandwiches); 3. No table service or seating for public use; 4. No signs advertising the convenience store use, except by approval of the Board of Appeals; 5. Ail engine/vehicle repairs and/or car washing services must cease; 6. No drive-thru or drive in services; 7. Convenience store sales shall be limited to self-service (including vending machines, refrigerators); 8. Convenience store is permitted only as an accessory use incidental to the principal use as a gasoline service station (as proposed herein) and within the principal building only, and BE IT FURTHER RESOLVED, to GRANT a Variance for the canopy structure of a size 30 ft. by 103 ft., 29 feet from the westerly property line (along Factory Avenue) and 29 feet from the southerly property · line (along the State Highway), provided that the canopy structure not exceed 18 feet in height in the front yard area, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent was: Member Grigonis due to illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~AIRMAN § 100-101 SOUTHOLD CODE § 100-101 (f) N. custonwr shull be Iwrmith'd to disl~.~nse gasoline unless he shall possess a valid motor vehicle Ol~rator's license. (g) There shall be no la~h~n device on any ~lf- service dist~nsing nozzle. (14) ['riwite transl~)rtation m~rviee, inch.ling garugc and muin~mancc fi~cilities. C. [Amende(l 5-9-89 by L.L. No. 6-1989] Accessor}' uses. The following uses are permitted as accessory uses and, excelJt for residential accc."~c""~ry u~s and signs, which are geverned by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-. 31C/l) through (8) of the Agricultural-Conservation District, subject te the conditions set forth inn (2) Wall signs ss set forth and regulated in § 100-81C(2Xb) of the Limited Business District, (g) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, ()nc (1) sign, single- or double-faced, not more than twenty-four (24) square feet, the lower edge of which shall be not than four (4) feet above the ground, unless attached to a wall or fence and the upper edge of which shall not extend more than fifteen (15) feet above tbe ground shall he ix, rmitted, which sign shall be ~t back not lens than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (4) Open storage of maWrials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. 1008,4 ?- ,,~,. ns ,0 § 100-31 ZONING § 100-31 ~~~~~~~1~ ~ ~rmit~d in or on ~M~ssory apartment is a~ ~ [Add~ ~No. 3- (15) The renting of not more than three (3) r(~ms in an owner- ~cupi~ dwelling for l~ging and ~ng of breakf~t ~ not more than s~x (6) c~ual and transient ~me~, pro~Sded that the renting of soch ~ for such pur~ is clearly incidental and su~ina~ ~ the principal u~ of the dwelling, subject ~ the following requirement: (a) Adequa~ off-strut parking sp~ shall be p~d~ for such ren~d r~ms in ~dition ~ parking sp~ for the u~ of the family of the owner. (b) No acce~ry apartment, ~ authori~d by ~ t0~ 31B(14) her~f, shall ~ ~rmit~ in or on p~mi~ for which a [~d-and-breakf~t facility is authoriz~ or exists. [Ad.ed 3-14-89 by I~L. No. 3-1989] C. Acc~ry u~limiWd ~ the following u~s and subj~t ~ the ~nditions lis~ in ~ 1~33 he.in: (1) Any cus~mary structures or u~s which are cus~marily qn~dcn~tl W the principal u~, except th~ prvhibi~ by' ~his chapter. (2) Home ~cupations, including prof~aional office, pr~ ~ded that: (a) No display of ~s is ~sible f~m the str~k (b) Such ~cupation is inciden~l ~ the ~idential ~ of the premi~ and is c~riM on in the main building by the resident therein ~th not more than one (1) nonresident ~istant. (c) Such ~rcupation is carried on in an area not ~ exc~ twenty-five percent (25%) of the arcs of all fl~ of the main building, and in no event shall such u~ ~'cupy more than five hund~ (r~}) gtua~ f~t of fl¢~r area. 10045 s.zs.s9 § 100.13 ZONING § 100-13 § IiX) 13, Definitions. [Amen(lcd 7-31-7a] A. Word usage. Words u~d in thc prc~nt ~n~ include thc future; the sin~lar nurnl~r includes fl~c plural, and the plural the sin~mhtr; the word "lcr~n" includes a corl~wation ~$ well ~ an individuak the word "lol/' includca the word "plot"; the lerm "~cupied" or "u~," ms applied ~ any building, sttall ~ c. nztrucd m; Lhough fi~llowed by thc words 'k.' ina,haled, arranged or desigmxl ~) t~. ax'~upied or u~d." I~. IAmemh,d 10-2(1-76 by 1,1,. No, 5-197(;; 4-11-7~ by I,,I,. No, 2-1978; 2-1-83 by L.L No, 2-19a3; 1-21-86 by L.~ No. I 19a6; 5-17-88 by I,.i,. No. 14.198~; 8-23-88 by I,.I,. No. 20-19~8; 1-10-~9 by I,.I.. No. 1-1989l Ih,finJtions and usages. Il.mt,sa otherwi~ expressly sma~d, the fi~llowing h'm'mn shall, h~r the purlx)~ of this chap~r, have the meanings ms herein dr,Jim,d, Ally word or h,rm not noted beh,w shall 1.~ Ila'd with a meaning m~ defined in Webs~r's Third New ln~rnationat l)ictionary of thc English I;lnguagc, unabridged (or la.st edition). ACCESS - A physical enLranee b~ ln'O[s~rty. ACCESSOI{Y A PAI~TMI",NT--. A d;wqling oni~ crcah'd in a l.'c~cntly vxlslinff om,.family dwlqlmg imrstmnt, ~ ~ I(~)- A(,CI~SSOI~Y IIUIIA)ING OR STRI ICTURE ~ A huildin~ [)r~ st rucLtlre dt~L;tehed t,',,ni' a prolCll)al l)tlildi~ I~'ak'd on the T,ri.cil~al Imihlir~g. '-~ _Al {,I,SSORY U~I -- A ust,.rush)marily in('i(len~tl :md,,sub' 2wdin;tle h~tho In;tilt Ii. oil a lot, whether such "accesa)ry use" is conduch~l in a iwln('il~i~,.cs~,ry Imihlin~.5 ADI)IT[ON ~ A structure added l~ tiw original structure at Ali RICtJI.TI }1{1". -- The producti.n, keeping or maintenance. man, including but not limited ~ lhragc, s and ~tl crops: grains ami ~,,cd crops; dai,'y ;tlli~llals ;tlld d;~iF~' I~l'~]tli'ls; laJIlltl'.V ;Old p. LIItl'y products; livc~;h~ck, includm~ hccf cai lie ~ht'tq), swille, 1001;; e · za · .. § 1(~)-13 S¢)IVI'II()I,I) CODE § 100-13 PERSON -- Any ~.ssociation, partnership, corporation, coop- eratlw, groul), trust ur other entity, as well ~ an individual PI,ANNING BOARD -- The Planning Boa~ of the Town of ~outhold. PLAT -- The map of a sulglivision. PRINCIPAL BUILDING -- A building in which ~ mnduc~ fl~e main ur principal usc of thc lot on which ~id building I~a~. PRINCIPAL USE -- Thc main or primly pur~ or por- ~s fl)r which land and/or structures) ~s des~, arran~, u~gl or in~nded ~ ~ used or for which such land an&or structure(s) may be occupied or maintained under this chap~r. PROFESSIONAL OFFICE ~ The office of a mem~r of a reco~iz~ profe~ion or ~cupation, including archi~Ls, artist, author, dentis~, d~m, lawyer, minLs~, musi- cians, op~metris~, engin~m and such o~er similar pmfm- sions or ~cupations which m~ ~ ~ d~i~a~ by ~e of Ap~als. PUBLIC WATER: PUBLIC SEWER- Communal ~wa~ dis~sal sys~ms and communal wa~r supply sys~ms approvM by public ~ncies ha~ng juri~iction ~ermf. RECREATION FACI~TY, COMMERCIAL -- An ind~r or outer priva~ly o~ra~ busine~ inkling playing fields, co~r~, amn~ or halls d~i~M ~ ~mmMa~ s~r~ and ~reational ~ti~ti~, such ~ billi~, ~wling, dance halls, ~'mn~iums, health sp~, skating rinks, sh~ting ran~, ~nnis cour~ and s~mming ~ls. RECREATIONAL VEHICLE -- A vehicular-t~ ~r~ble structure, wi~out ~rmanent foundation, which ~ ~ ~, hauled or driven and primarily d~i~M ~ ~m~rary Ii.rig accomm~ation for recreational, camping and travel u~, and including but not limi~d ~ travel trailer, truck camping trailem and ~lf-pm~ll~ moor hom~, RESEARCH LABORATORY -- A building for ex~rimen~- fi.n in pu~ or applied re.arch, desi~, development and 100o.28 s- ~s- ~ TYPES OF ZONING REGULATION § 9.21 Uses maintained for profit may be excluded from a residential district while non-profit uses of the same 'general kind are allowed. Thus, commercial tennis courts may be excluded al- though non-profit courts are allowed? Commercial uses are regarded as potentially more incompatible with residential neighborhood values.,, § 9.21. --Accessory uses. Zoning regulations which establish residential districts permit accessory uses. In addition to home occupations, which are considered elsewhere," the regulations usually authorize a pri- rate garage,'~ plus other accessory buildings and uses which are clearly incidental to the main use or building." Litigation is Park Ave. Corp. v Long Beach, 76 Misc 2d 445, 350 NYS2d 974 (1973), mod on other grounds 49 AD2d 949, 374 NYS2d 569, affd 52 NY2d 991, 438 NYS2d 288, 420 NE2d 86, cert den 454 US 858, 70 L Ed 2d 155, 102 S Ct 310. The use of a pigeon coop on the roof of a dwelling for the purpose of view- ing horse races and transmitting re- suits to a sports information group is a business use. People ex rel. Bottino v Staszyn, 38 Misc 2d 100, 237 NYS2d 463 (1963). 10. A zoning ordinanc'e which pro- vides for special permits for tennis Courts operated by private clubs in residential districts but prohibits com- mercial tennis courts is not arbitrary or a denial of equal protection to persons seeking to maintain commer- cial courts. Huntington v Park Shore Country Day Camp, Inc., 47 NY2d 61, 416 NYS2d 774, 390 NE2d 282 (1979); citing Anderson, New York Zoining Law and Practice §§ 19.01-19.04 (2nd Ed 1973); discussed in Anderson and Mayo, Land Use Control, 1979 Survey of New York Law, 31 Syracuse L Rev 371 (1980). 11. Even if all the current incidents of a non-profit use are as destructive of neighborhood values as a commer- cial use of the same kind, the com- mercial use is potentially more bur- densome and may be subjected to dif- ferent restrictions. Huntington v Park Shore Country Day Camp, Inc., 47 NY2d 61, 416 NYS2d 774, 390 NE2d 282 (1979); citing Anderson, New York Zoining Law and Practice §§ 8.20 and 9.36 (2nd Ed 1973). 12. See Chapter 12, infra. Annotation: Construction and el- feot of zoning provision permitting accessory use for "professional office." 24 ALR3d 1128. 13. "/~n' 'accessory building' is a building (such as a private garage, private swimming pool and appurte- nant bathhouse, private toolhouse or children's playhouse or a noncommer- cial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building." Plan- ning and Zoning Regulations, Village of Scarsdale § 12-2-1 (1961). Annotation: Meaning of term "ga- rage" as used in zoning regulation. 11 ALR3d 1187. 14. See Dellwood Dairy Co. v New Rochelle, 7 NY2d 374, 197 NYS2d 719, 165 NE2d 566 (1960). A clay tennis court is a use "cus- tomarily incident" to a dwelling. 427 § 9.21 NEW YORK ZONING generated when landowners seek to establish uses or construct buildings which are arguably not incidental to the main use, or are not properly accessory thereto. The parking of school buses is a permitted accessory use in a district where the school served by the buses is located, but the rel~iring of such buses is not an Some ordinances permit the occupation of an accessory build- ing by a gardener or other household employee of the owner of the main residential building. Difficulties arise if the owner rents the living space to a person other than such an employee. Such use of an accessory building would appear to offend the zoning restrictions where no nonconforming use of the building hos been established.~, However, if the lot is large enough to accommodate two dwelIings without a violation of the zoning restrictions, the occupation of the second building by an ordi- nary renting tenant may be regarded as, in effect, a subdivision of the land." In determining whether a use is accessory to residential use of a lot, the courts will seek to discover what is customary. Thus, a radio or television antenna may be a customary accessory use in a residential district, but a 44-foot radio tower is not." Commer- Crane v Bittarman, 55 AD2d 669, 390 NYS2d 179 (1976, 2d Dept). "Accessory use-~A use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purple, the principal lawful u~e or building." Ordlnanc~, City of Buffalo, Ch LXX §23 (1957, az amended). Annotation: Construction and ap- plication of zoning regulations in con- nection with bomb or fallout shelters. 7 ALR3d 1443. 15. People v Firestone, 48 Misc 2d 480, 265 NYS2d 179 (1965). 16. See Clune v Walker, 10 Misc 2d 858, 170 NYS2d 604 (1958), affd (2d Dept) 7 AD2d 851, 181 NYS2d 186, app den (2d Dept) 7 AD2d 852, 182 NYS2d 347. 17. Griffin v Reville, 1 Misc 2d 1045, 149 NYS2d 312 (1956). 425 18. Pr~nell v Leaiie, 3 NY2d 384, 165 NYS2d 488, 144 NE2d 381 (1957); discussed in Court of Appeals, 1956 Term--Municipal Corporation, 7 Buf- falo L Rev lflO (1957~8). A radio transmission tower which TYPES OF ZONING REGULATION § 9.22 cial uses normally are not accessory to residential occupation, but a milk-vending machine in an apartment house is a custom- ary use. It is simply a modern method of effectlng home milk deliveries, long regarded as customary in residential neighbor- hoods? - Where an ordinance permits nonresidential uses in a district, it also permits uses which are accessory to such nonresidential ~ ases. are allowed, parking space for guests may be If hotels provided as an incident of such use.:' Laundry service may be furnished in the hotel building, provided that the laundry facili- ties are not expended to accommodate customers not~ connected 'x~ with the hotel.' A tobacco and newspaper counter may be established in the lobby.' Under some ordinances, recreation may be provided where the facilities are limited to those reason- ably necessary to serve the guests.' Where hospitals are a permitted use, it has been held that a rooming house for employ- ees is an accessory use,' and a methadone maintenance program ~... clinic operated by the hospital is an accessory use.' But a pharmacy is not a use accessory to the office of a doctor.' § 9~2. Single-f. mlly districts, generally. The division of the community into districts, including those Annotation: Application of zoning regulation to radio or television faciB- tlez. 81 ALR3d 1086. 16. DeBwood Dairy Co. v New helle, 7 NY2d 374, 197 NYS2d 719, 165 NE2d 566 (1960). A coin-operahid vending machine which dizFensez bread, pies, dough- 3. La Vecchia v Board of Standards & Appeals, 26 Misc 2d 39, 204 NYS2d 429 (1960). 4. De Mott v Notey. 3 NY2d 116, 164 NYS2d 398, 143 NE2d 804 (1957l. 5. Methadone maintenance program clinic facility operated by hozpitel but not on or near h0zpital premises is EXAMPLES OF GASOLINE FACILITIES WITH ACCESSORY CONVENIENCE STORES Name Location Township Photo No. (annexed) Texaco Hess Exxon Mobil Texaco OK Mobil Amoco Middle Island-Rocky Point Road (C.R. 21) and Middle Country Road (Rt. 25), Middle Island C.R. 83 and L.I.E. Service Road at Exit 63, Medford Fifth Avenue (C.R. 13) and Southern State Parkway Service Road, North Bay Shore Rt. 111 and Schneider Lane, Hauppauge Motor Parkway and L.I.E. Service Road, Islandia Middle Country Road (Rt. 25), Coram Rt. 112 and Middle Country Road (Rt. 25), Coram' Nesconset Highway (Rt. and Jayne Avenue, Port Jefferson Station 347) Brookhaven Brookhaven Islip Islip Islip Brookhaven Brookhaven Brookhaven Sunoco Rt. 25A, Mt. Sinai Brookhaven No photo Hess Rt. 25A and Miller Place Brookhaven No photo Road, Miller Place AQUEBOGUE ABSTRACT CORF. 123 Maple Avenue Riverhead, New York 11901 Title Number AAC 2032 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) VARIANCE SEARCH ELYSE WOHLARS, being duly sworn, deposes and says: That she resides at 123 Maple Avenue, Riverhead, New York 11901 and is over the age of 21 years and that she is Office Manager of Aquebogue Abstract Corp. That under her direction, title was examined to on the annexed Schedule and labelled Parcels: A, B, C, D AND E. That said examination, dated 10-30-1990 discloses a chain of title to determine if any contiguous property was owned by an owner of property involved since the date of any previously applicable Zoning Ordiance as of April, 1957. And that this affidavit is made to assist the Board of Zoning Appeals to Town of Southold to reach any determination which requires as a basis the information set forth herein and knowing full well that the Board rely upon truth thereof. Sworn to before me this ~-~ day of November, 1990 NOTARY PUBLIC KENNEIH B. 7.~LER NOT~R¥ PUBLIC, sTATE OF N~ YORK SUFFOU~ COUNt.NO. 01~4517618 lER~ EXPIRES FEBRU~Y 28, 1991 the parcels of land described the therefore will AQUE~OGUE ABSTRACT CORF. Office Manager DESCRIPTION Title Number AAC 2C32 PARCEL "A" SUBJECT PREMISES ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, ?own of Southold, County/of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Factory Avenue and the northwesterly side of Main Road, New York State Route 25; Running thence north 20 degrees 22 minutes 40 seconds west along the easterly side of Factory Avenue 150 feet; Running thence north 48 degrees S7 minutes 30 seconds east 146 feet; Running thence south 40 degrees 39 minutes 45 seconds east 140.34 feet to the northwesterly side of Main Road, New York State Route 25; Running thence south 48 degrees 57 minutes 30 seconds west along the northwesterly side of Main Road, New York State Route 25, a distance of 198 feet to the point or place of beginning. SUBJECT PREMISES Parcel "A" Dist. 1000 Section 142.00 Elock 01.00 Lot 027.00 FARCEL "B" Dist. 1000 Section 142.00 Block 01.00 Lot 026.000 PARCEL "C" MAIN ROAD' PARCEL "D" MAIN ROAD PARCEL "E" FACTORY AVENUE State of New York) SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says that she resides at 123 Maple Avenue, Riverhead, New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search under the above captioned title number. Sworn to before me this ~f day of November, 1990 NOTARY PUBLIC N[I}t B. Z~RtER , ,,~,,, AQUEBOGUE ABSTRACT CORP. Office Manager CHAIN OF TITLE SUBJECT PREMISES Dist. 1000 Section 142.O0 Elock 01.00 Lot 027.000 Alice Eoutcher to John horth Boutcher, Daisy F. Boutcher, George Worth Newell John Richard Newell, Sylvia Alice Newell AND Charles Robert Havens Newell Date of death 1-17-44 Date of Will 10-5-28 Date of Probate 2-25-28 Suff. Surr. #68P1944 Edgar Hills, Referee to Martin G. Ahearn AND Jack Driscoll Dated 5-4-63 Recorded 3-7-63 liber 5316 page 559 Conveys interest of John Worth Boutcher only Martin G. Ahearn to Joseph Riccardo Dated 3-4-63 Recorded 3-7-63 liber 5316 page 561 Charles Robert Havens Newell to Joseph Riccardo AND Jack Driscoll Dated 10-1-65 Recorded 10-19-65 liber 5842 page 598 Uaisy F. Boutcher, George Worth Newell AND Sylvia Alice Earnes f/k/a Sylvia Alice Newell to Joseph Riccardo Jack Driscoll Dated 7-28-65 Recorded 10-19-65 liber 584Z page 09 State of New York) SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 Maple Avenue, Riverhead, New York and is over the age of 21 years and that:;$he is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. Sworn to before me this day of November, 1990 ./~ NO'~ ~,R¥ pUBLiC, $1'~,TE OW NE\'~..~%¥02'~< SUffOLK COUN~'NO. O1ZA-4v~/o~ ]ERM E~PIRES ~EBRUAR~ 28, 1991 AQUEBOGUE ABSTRACT CORP. Office Manager Title Number AAC 2032 SUBJECT PREMISES PARCEL "A" - continued John Richard Newell to Joseph Riccardo Jack Driscoll Joseph Riccardo Jack Driscoll to Mattituck Shopping Center, Inc. Mattituck Shopping Center, Inc. to Ardprop, Inc. Dated 9-29-64 Recorded 10-25-65 liber 5846 page 179 Dated 6-5-69 Recorded 6-11-69 liber 6565 page 544 Dated 6-5-69 Recorded 6-11-69 liber 6565 page 542 LAST OWNER OF RECORE State of New York) SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says: That~she resides at 125 Maple Avenue, Riverhead, New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. Sworn to before me this ~/ day of November, 1990 . Notary l~ublic ~ENN~TH B. ZAHLER NOTARY PUBLIC, S'(ATE 0~: NEW YOR~, SUFFOLK cOUN~'NO. 01ZA-4517G1O TERM EXPIRES FEBRUARY 28, 1991 AQUEBOGUE ABSTRACT CORP. HLARS ice Manager Title Number AAC 2032 PARCEL "B" Dist. 1000 Section 142.00 Block 01.00 Lot 026.000 Alice Boutcher to John Worth Boutcher, Diasy F. Boutcher, George Worth Newell, John Richard Newell, Sylvia Alice Newell AND Charles Robert Haven Newell Date of death 1-17-44 Date of Will 10-3-28 Date of Probate 2-25-28 Surf. Surf. 68P1944 Edgar Hills, Referee to Martin G. Ahearn Jack Eriscoll Conveys interest of 3ohn Worth Boutcher only Dated 3-4-65 Recorded 5-7-65 liber 5516 page 559 Martin G. Ahearn to Joseph Riccardo Dated 3-4-63 Recorded 3-7-65 liber 5516 page 561 Charles Robert Havens Newell to Joseph Riccardo Jack Driscoll Dated 10-1-65 Recorded 10-19-65 liber 5842 page 598 Daisy F. Boutcher, George Worth Newell AND Sylvia Alice Barnes f/k/a Sylvia Alice Newell to Joseph Riccardo Jack ~riscoll Dated 7-28-65 Recorded 10-19-65 liber 5843 page 09 State of New York) SS: County of Suffolk) Elyse Wohlars, being duly sworn, deposes and says: That she resides at 125 Maple Avenue, Riverhead, New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. Sworn to before me this '~ day of November, 1~990 Z~ NOTARY PUBLIC ~ENNL%H B, ZM'tLER ABSTRACT CORF. Off±ce Manager Title Number AAC 2032 PARCEL "B" continued John Richard Newell to Joseph Riccardo Jack Driscoll Dated 9-29-64 Recorded 10-25-65 liber 5846 page 179 Lefferts P. Edson, Referee to Associates East Lending Corp. Dated 7-16-76 Recorded 7-16-76 liber 8070 page 383 Associates East Lending Corp. to Alan A. Cardinale Dated 12-28-78 Recorded 1-5-79 liber 8562 page 481 LAST OWNER OF RECORD PARCEL "C" MAIN ROAD PARCEL "D" MAIN ROAD PARCEL "E" FACTORY AVENUE State of New York) SS: County of Suffolk) Elyse Wohlars, being duly sworn deposes and says: That she resides at 123 Maple Avenue, Riverhead, New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. Sworn to before me this .~/day of November, 1990 ~q NOTARY PUBL I C KENN~ B. ZA~LER NOTARY PUBLIC, STATE OF NEW YORK SUFFOLK cOUN'IY-NO. 01ZA-45176~8 IER~ EXPIRES FEBRUARY 2B, 1991 Office Manager LU Z bet 6565 / / ,/ uPI / / ' TO~N OF SOUTHOLD ZONI D OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK ' TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARINO : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 November 1, 1990 7:30 P.M. BEFORE : OERARD p. OOEHEINOF. R, Chairman. BOARD MEMBERS: CHARLES ORIOONIS, JR. SERGE DOYEN, JR. ' ' ' ' JOSEPH H. SAWZCKI - Absent JAM~S DINIZIO, JR. ALSO PRESENT: LINDA KOWALSKI, Board Secretary 1 2 5 $ 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 purposes of limited oral testimony to the extent of five minutes on both sides after discussion with the Town Attorney. MR. ORIOONIS: Second. THE CHAIRI~N: All in favor? HR. DOYEN: HR. GRIGONIS: HR. DINIZIO: THE CHAIRId~N: Aye. Aye. Aye. Thank you very much, gentlemen, for coming in. (Time noted: THE CHAIRI~: Number 3788, Marketing. 9:40 p.m.) The next appeal is in behalf of Sun Refining and (Legal notice read off record.) THE CHAIRMAN: Before us I have a copy of the site plan from the Sun Refining and Marketing Company Facility Distribution Department, from Philadelphia, Pennsylvania, dated 12/30/87. There may be an update on tha~ and I have a Copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We ask counsel, is that the latest 87 9 ~0 12 13 ~6 17 18 19 2O 21 22 23 5 6 7 88 copy we have? MR. WAGNER: John Wagner (Esquire). ! have a revised plot plan ! can hand up to you tonight. ! have numerous copies of it. (Applicant's coUnsel handing above- mentioned document to the Roard.) THE CHAIRMAN= We are ready. M~. WAGNER: Good evening. ! am John Wagner, attorney with Esseks, Hefter and Angel, in Riverhead. ! am here tonight behalf of SUn Refining and Marketing Company, the applicants. SUn Refining and Marketing is the lessee which is the record owner of SUn Refining has the property. a ~ lease with~' ! have with me here tonight t#e representatives -- two representatives o~ SUn Refining and Marketing, Jack Guarneri and Radcliffe Dwyer. Also Present tonight is the son of the current ~ranchisee o~ the subject Property. His name i's Ed Raf[erty (phonetic spelling) and he will be Operating the Euture proposed convenience store/gas 1 4 ? 8 9 ~0 11 12 14 15 16 17 18 19 20 21 22 23 24 25 89 station use. So if you have any questions as to what might be done there, %~ you can have an answer from one of these people tonight. The location of the property As at the northeast corner of Factory Avenue and Main Road, in Mattituck, and you indicated you have the tax map already before you. The zone classification of the property is B General Business and the total acreage of the property is 24,139 square feet.' And for your help also, I have a copy of the plain survey of the Property without all the notations on it. That nttght be helpful. (Applicant's counsel handing above- mentkone~ document to the Board'.) MR. WAGNER: A little bit on the history of the property. This particular parcel that ~s in question here has been s/~a~ and separately owned since 1969, and it is single and separate from the adjoining property on the north" and east, which currently contains the A & p Shopping Center · 6 7 10 1'~ 13 ~4 1§ 18 19 20 21 23 24 2 9O We are here tonight because the applicant ~ ., .;. to do something with the property, specifically we would like to convert the pre-existing ~ now used for office and repair work to %~ convenience The character of the neighborhood property ia commercial. It is B General Business zoned for quite a ways ~ east and wes cute 25. As I said, the property is surrounded on the north and east by the A & P Shopping Center which consists of a variety of retail uses. At present on the site we have a main building which is currently containing an office and motor vehicle repair facility. Also, out [font there are some gasoline pumps, ei~,~, which are used for retail gasoline sales. Now the gasoline service station on the operation has a Certificate of Occupancy which is ~ated August 28, 1970, and that use was sanctioned By a Certificate of Occupancy pursuant to a Special Exception granted in 1969. 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 24 25 store. He would lake to relocate the gas pumps on the property and also we would like to install a canopy over the new relocated gas pumps. We have been to the Planning Board with this proposal. There have been a lot of little evolutions on the project over ~_~ time. The latest evolution, which you have before you tonight, which is Revision Nt~nber ll of the piot ~-- this revision you see tonight came about after numerous reviews with the Planning Board over a month and a hale and also an inspection of the lot by Victor Lessard, the Building Inspector. Ail that we have done,~the latest revisi°~ is to'open the entryway on Main Road a little wider to Eacilitate tanker truck access to the property and open the access way on Factory Avenue to allow the tanker trucks to leave. We also relocated the handicapped parking space to the back of the property, and once again,~that is to Promote the movement of traffi~ through the site. 2 3 6 7 8 9 10 11 12 33 't4 15 ~6 17 18 19 20 23 22 23 24 25 When the Building 92 Inspector reviewed the latest plan and the proposal that we have, he issued a Notice of Disapproval, dated October 2nd of this year, and I would just like to summarize that for you, briefly, so you can see what we are asking for tonight of this Board. In his Notice of Disapproval, Mr. Lessard points to Section 100-253 of the Town Code. This provides for the site plan approval, and the applicant is presently addressing that through the Planning Board channel. He also cites Section 100-102, which is the bulk parking and area requirement and specifies that 30,000 square feet is required for ~ach use. Now I have had a discussion with Mr. Lessard as to what is meant by that, and I believe Hr. Lessard's position is that the convenience store is an dditional~use ~n the property and requires an additional 30,000 square feet over and above the gasoline station use which requires 30,000 square feet. So Mr. Lessard believes that 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 2~ 22 23 24 25 the site requires 60,000 proposal. 93 square feet for the We are going to take the position that the convenience store, which Mr. Lessard acknowledged to be a permitted use in the B General Business Zone, is~in fact a Separate principal use which we believe requires the 30,000 square feet per use, but as proposed it is in fact an accessory use to the gasoline station which pre-exists on the property. Because of that analysis, we contend there is really only one Principal use on the property under this Proposal and there is only 30,000 square feet of lot size that would be required under the current standards. Because we have a pre-existing use on ~ substandard we are taking the position we require no variance from even the 30,000 Square feet requirement. We take that position pursuant to=~ ZOning 100-244, which protects certain uses on substandard parcels. ,, Now I intend to present expert testimony to establish that the convenience 18 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 store as proposed is, in fact, an accessory rather than a principal use. I would like to request right now that the record of this proceeding be kept open, so that you can receive this expert testimony. The expert could not be here tonight. He had another engagement in Southampton, and I would like to reschedule him for another night to bring him back so he can present a detailed report to you on the ~ of convenience stores and gasoline stations. The next thing Mr. Lessard refers to in his Certificate of Disapproval is the height of ~ proposed canopy we would like to put on the Property. He had a question as to whe%~er*it was c'onforming to the height requirements of the Zoning Code. Our position is that it does fully conform and you can appreciate that when you consider that the most stringent height requirement for structures that would apply to the subject property is found in Town Code Section 100-33. That section imposes an 18- foot heigh~ limit on accessor~ buildings. 1 2 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 The Miscellaneous Details and Elevation Plan which was submitted with the application shows a canopy height of 17 feet above the pump mat. If you scale it out, you can see it is also less than 18 feet shove the ground level. So based upon that, we conclude the canopy conforms with the most stringent requirements under the code and we would like an interpretation from the Board that there is no height problem with the canopy as Proposed. Now Mr. Lessard also requires -- refers to the-provisions for the canopy. He believes that there are two front yards required for the canopy by virtue of the fact the'canop~ is on th; ne~, and we appreciate that it is a corner lot and thereEore two fronts yards apply. In this particular zone they are 50 feet. We believe that we have sufficient practical difficulty to demonstrate that we should get a variance from that standard\to permit the canopy as proposed. The 50-foot front yard required for this particular parcel imposes 5 6 7 8 9 10 11 ~2 14 15 16 17 18 19 20 21 22 23 24 25 2 96 a severe constraint on the parcel, and you can't really appreciate that until you actually see it scaled out on the diagram. So once again, to help you in this, I have prepared a map of the existing conditions on the site, and ! have indicated in red pencil what the 50-foot setback would be so you can see where the building area is under the current code. You can see from observing that applying the 50-foot setback from Factory Avenue and from Main Road, the only buildable area of this site is in the northeast corner of the site. This is an area where neither the gas pumps can be placed nor anything else of value. The purpose o~' the canopy 'is to cover the gasoline pumps. So it is really impossible to build a canopy o 3ect property that is of any value applying the setbacks. THE CHAII~4AN: What is the purpose of covering the pumps? MR. WAGNER: The purpose of the canopy is for PrOtection from the elements. People drive up in this day and age where 1 6 7 8 9 10 11 12 33 14 17 18 19 20 21 22 23 24 25 97-' they have to get out of their cars ~'~self- service and u~ the pumps and ~ around with the gadgets. $~is a rainy dayp It is not very convenient ~ customers to come in and do that. hey can appreciate they might have protection from the downpour and the canopy is designed not only as a shield, but as a water collection device. It does have drainage facilities Built into its design that ~ water off and away from the area where the pumping would be taking place. The canopy is nothing unusual with this application. down the road. In fact, There is one right it's a~station on the south side of the road to the east, few h~ yards down the road'. a On the score of the canopy, I mentioned Before ave some expert testimony for you next time ! Come and ! would like to tell you also that that expert will also testify that a canopy in this day and age is a customary accessory structure to a gasoline station and, again, ! would like to defer to his testimony on that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 :;'5 98 conclusion. ! don't expect you to take it from me at face value, and once again I request the testimony. THE CHAIRMAN: pumps under this MR. DWYEH: planned. However, constructed that way. service if required. MR. DINIZIO: necessary? THE CHAII~dAN: primps. record renu~in open for that Are every one of the canopy self-service pumps? That's the way it is it does not have to be We can include full Is every pump Meaning the amount of MR. WAGNER: existing aUmber of pumps. MR. DWYER: Currently there are nine pumps on the site. We only~p~ to put four dispensers in place. MR. DINIZIO: They are not in this CO~f~puration. MR. DWYER: MR. WAGNER: the plot plan, you will see dotted lines We have already the pre- No. \ If you look carefully at 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 showing the existing pump islands. You can see there is a designation on there with "TBR" which means "to be removed." So you can get an appreciation of the existing conditions as proposed. You will Eind, in fact, under the proposed scenario, the pumps will be moved further in from the Main Road than theF are currently. Now I think like I said before, we acknowledge that to have this canopy, which we think is necessary to the gas station and a customary accessory~-~ ~t, we are ~oing to believe that the parcel, because it is a corner parcel, ~W~ is uniquely and highly constrained by these current required zoning setbacks. The area variance, such as what we are looking for, requires a showing of practical difficulty. As you know, there is a landmark case called Wachsberger versus Michalis, and this case Basically sets the crzter~a for an analysis of practical difficulty on applications of this sort. ! 5 6 7 8 9 10 11 12 13 14 35 16 17 18 19 20 21 23 ,24 25 100 would like to read through the criteria for you directly from the court opinion. In a determination of practical difficulty the Board should consider: 1) How substantial the variation is in relation to the requirement; 2) the effec~ t~ the variance is allowe~ of the increased population density thus produced on available governmental facilities (fire, water, garbage, and the like); 3) wh~q~e~r a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created; 4~' whether the difficulty can be obviated by some method feasible for the applicant to pursue other than ~ variance~ and 5) whether in view of the manner in whlc~-the difficulty arose and considering all of the above factors, the'~ of justice will be served by allowing the variance. 6 7 9 ~0 12 13 ~4 16 ~7 ~8 19 2O 2~ 23 101 I will just run down these five factors for you. In regard to the substantial variation, you can see on the ~l~m~ plot plan before you ! indicated what the proposed setbacks are for the canopy. You will find they are 29 feet both from Factory Avenue and from Main Road. Therefore we need a variance from 50 feet down to 29, or 21 feet for the variance. This works out to about a 42 percent variance. However, when you consider that under Town Code Section 100-244 the applicant's single and separate nonconforming lot is automatically entitled to relief from the dimensions to allow a fron~ Yard of ~0 fee~ The variance appears less substantial. In viewing it in that way, we really are requesting 11 additional feet from 40 feet o 7.5 percent variance. How the next factor is the effect of }h~ ~Dcreased population density on available governmental facili{tes. In that respect, we cOntend there is no such effect. The reason for that, we are dealing ~lth 1 2 3 4 5 6 7 8 9 10 11 12 1,3 14 15 16 17 18 19 20 21 2;' 23 24 25 just a canopy. This is not a residential commercial building. It is just a bare structure. It has no demand o~ such services. The third ~=~eW~a recited by the case is substantial change in character of neighborhood or substantial detriment to adjoining properties. Again, we contend there is no such effect. This canopy ~ only the subject property, and the 102 or effect is really a beneficial one in that in effect it protects customers of the property from the elements. Because it is a canopy it has no ground coverage and does not obstruct the view of vehicles and scenic views tha%'might exist'. It doesn't interfere with the~ of the corner of Factory Avenue. The next ~ is whether there is feasible alternative r~ for the applicant to relieve the difficulty short of obtaining a variance. We ~ no feasible method. Without this particular variance, we certainly cannot locate the canopy over 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 103 the pumps. The canopy is worthless unless it is over the pumps, and the pumps cannot be located in that extreme northeast corner of the property. The last ~ ;'z;'r~ iS wheth~ in view of the manner in which the difficulty arose and considering the above factors ~~ of justice will be served by the variance. It should be pointed out here that this difficulty that we have arises through no f.ult of this applicant. It is justA/~h~/e happenstance that we happen to be on the corner parcel, that we are burdened By two very substantial front yard requirements. In addition, this canopy has no discernable adve'rse' ~ffects on the public. 'In other words, like I said before, it does not obstruct vision as an ordinary closed building would do, and in fact, protects those members of the public from the elements as they are using the permitted gasoline pumping facilities on the site. For all the foregoing reasons, I submit that the applicant has demonstrated 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 sufficient practical difficulty under.the standards of Wachsberger to warrant the grant of the requested variance. At this point ! would like to wrap up for the evening. I have covered the height, the interpretation problem, and ! have given you just about everything ! have on the setback requirement for the canopy. When I come back again I would like my expert with me and he will testify as to the convenience store, the lot area requirement, and he also will give you additional insight into the accessory nature of canopies to gasoline stations. So just to conclude, I would like to request the record be kept open for him at a late'~' time. Thank you. THE CHAIRMAN: Thank you, sir. Is there anyone in the audience that may not be here at the next time that would like to raise an Opinion, a quick opinion concerning this application? Showing no hands, I make a motion reserving the hearing without a date.'- HR. GRIGoNIs: Second. 2 3 4 5 6 ? 8 9 ~0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 THE CHAIRMAN: NR. ORIGONIS: MR. DINIZlO: Ail in favor? Aye. Aye. MR, DOYEN: (Time noted: THE CHAIRMAN: in behalf of Dominick Sblendido and A. Auricchio, Appeal Number 3955, continuing from September 26, 1990, and ! will ask Mr. Cardinale if he has anything he would like to add. Aye. 10:07 P.m.) The next hearing is I have in my possession - - I had cited at the last hearing the Wilmott case recently decided by the Town of Riverhead -' identical circtunstances to the MR. PHILIP CARDINALE, ESQ: Yes. Members of the Board, ! will try to be as brief as Possible in view of the late hour. It is our understanding that the purpose' ~f the adjournment of the hearing was to -- was three-fold. One is to enable the applicant to provide certain additional information to the Board required by the Board. 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 '10 32 13 ~,ERT I F I CAT I ON I, GAIL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and oorrect transcript of the Town of southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAIL ROSCHEN '' Official Court Reporter 145A 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF NEW YORt[ : COUNTY OF SUFFOLK BOARD OF APPEALS. ~, ~ .T ~0.~;I~ 0~' SOUTHOLD. REGULAR ~IEETING Town Hall 53095 ~qain Road Southo!d, I.~ew York November 29, 1990 8:05 P.~ BEFORE: GERAIID P. GOEHRINGER, I{earing Officer ORIGINAL RAM CouL*t Repoflins Sex*viee 633 K~t~ MmJn ~:., RlveFheed, 11971 ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANC E S: Charles Grigonis, Serge Doyen, Jr. James Dinizio, Jr. Linda Kowalski Jr. o0o RAM Court Reporting Servlee 633 East Main St., RJverhoad, N.Y., 11901 (S16) ~27-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 motion to close this Hearing, testimony pending receipt of data from Mr. Carnelli. We will close Hearing in total at the next meeting. in favor say aye. BOARD MEMBERS: Aye. 81 the verbal some additional the Ail those (Whereupon, the above-mentioned Hearing concluded at 10:35 P.M. and another Hearing commenced at 10:40 P.M.) HEARING OFFICER: Mr. Wagner? MR. WAGNER: John Wagner from Esseks, Hefter and Angel in Riverhead for Sun Refining and Marketing Company. We are here thi~ evening as a continuation of the Hearing that was commenced on November 1, and I represented at that meeting that I would have an expert come in the next time who would present testimony on two issues. The first is whether a canopy is an assessory use or an accessory structure to a gasoline station under Southold Town Code and whether or not a so called convenience store is an accessory use RAM Court Reportins SeFvlee 6~ East Mdn St., Rl~Fhead, N~, 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 as defined in the Southold Town Code as to a gasoline station. The expert is here this evening and ready to give his testimony. Before I call him up, however, I would like to take care of a few housekeeping matters to more or less complete the record in the matter. I have for one thing a review of the transcript of the last Hearing and I had to make some corrections on the transcript and I have a marked up copy here this evening I would like to resubmit to you. One substance of change in particular, I have to blame myself, on Page 97 of the transcript I made a statement regarding the Hess Station in Mattituck as having a canopy. I was mistaken about that. I w~s really thinking about the Mobile Station, which was further east on the south side of the road. So I have corrected the transcript to indicate Mobile Station and it applies to a few thousand yards down the road. The second thing that I have done over the past month, I have ordered a single and separate search of the property once again to complete the record of this matter. I do RAM Cout~ Repo~tlng Se~vi~e 633 Kast M~in St., Rive~head, N.Y., 119o1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 have it here tonight and I would like to hand the original up to the Board. HEARING OFFICER: Fine. MR. WAGNER: I would also like the Board to have a few of our documents in case they are not already in one of the several files on this matter over the passed few years. The first is the deed for the property as recorded at Libre 6563 Page 542, the deed from Mattituck Shopping Center, Inc. to Art Prop. Inc. and it is dated June 5th, 1969. The second thing I would like to give you is a copy of the special exception approval, which was issued for the original ~as station use established on the property. This dates back to January 2nd of 1969 on the original application. Excuse me. That is the date of the actual determination itself. It was Appeal Number 12225. The last thing I would like you to have is a Certificate of Occupancy for the property which was dated August 28, 1970 which I alluded to previously, but I had not supplied you a copy of it. Some of the things we are going to be RAM Court Reporting Servlee 63~KaotMaln ~.,Rl~rhead, N.Y. ~l(Jl&)717-$168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 discussing tonight involves the definitions of the accessory building or structure, accessory use and principal use as contained in the Southold Town Code. So for your assistance, I have duplicated the copies of those definitions so you may have them in front of you as you hear the testimony before you. Rather than waste anymore time, I have also duplicated a copy of Section 100- 101 Subsection C of the General Business Section of the Code. This is the section that provides for accessory uses allowed in that particular zoning district and the structure of the section is such as it refers outward to Section 100-31C 1 through 8 of the Agricultural Conservation District for the specific uses. I have duplicated not only Section 100-101, but also the referred to section 100-31. I have two copies of each of these for you. At this point I would like to call Mr. Roderick Green, who is the expert I promised to you the last time we were here. Would you state your name for the record. RAM Court Reporting Servlee &33 East Main St., Rl~rhead, N.Y, 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 MR. GREEN: Roderick S. Green, Jr., residing at 36 Rampasture Road, Hampton Bays, New York, 11946. MR. WAGNER: What is your occupation, Mr. Green? MR. GREEN: I am a licensed real estate broker and a practicing appraiser. I have been so for the past 18 years. I maintain in the Village of Southampton, my office New York. MR. MR. WAGNER: GREEN: the Vice President of the Morley Agency, located in Southampton. MR. WAGNER: In your work as a broker, appraiser, do you have occasion to appraise commercial or residential properties? MR. GREEN: I do. MR. WAGNER: document and ask if you recognize it. MR. GREEN: Those are my preprinted qualifications as an appraiser~ I normally attach them to a report and submit them for things such as this. II, AM Courl:RepoFl:lnf Servl~e &l~llbi~M&lnSl:.,Slve~hoad, N~, By whom are you employed? I am employed by and I am Inc. I would like to show you a 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. would Board. By virtue of your employment, particularly familiar with the various 86 WAGNER: With your permission, I like to submit such a copy to this are you the B General the Town of Southold? MR. GREEN: MR. WAGNER: with the various Business Zoning District of Yes, I am. Are you familiar principal and accessory uses permitted in that district? MR. GREEN: Yes. I have reviewed that section of the ordinance. MR. WAGNER: Are you familiar with the definitions of principal use, accessory use and accessory building or structure contained in Section 100-13 of the Southampton Zoning Code? MR. GREEN: MR. WAGNER: property that is the Yes. I have reviewed them. Are you familiar with the subject of this application? RAM Court Reportlnf 8ervlee Mfdn 8~:., B. lvet*hoad, N.Y, 1.1~,x (f:l&) ';'17.3168 gas station uses MR. GREEN: MR. WAGNER: in Suffolk County? Yes. Are you familiar with ( ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 87 MR. GREEN: Yes. I have inspected it. MR. WAGNER: Do you have an opinion as to what is the principal use of the property as defined in the Southold Town Code? MR. GREEN: station. MR. WAGNER: It's a gasoline service Did there come a time when I asked you to perform a task in connection with this applicatiOn? MR. GREEN: MR. WAGNER: MR. GREEN: a survey Yes, you did. What was that task? Well, you asked me to make including photography of existing service stations on Long island's east end to determine your visual and customary accessory uses as defined in the ordinance incidental to the operation of a service station. You also asked me to study the customary and usual accessory structures utilized in the current operations of the service stations. examined service stations from eastern Brookhaven the Town of Southampton, Easthampton, Riverhead and Southold. Since there were two basic areas of discussion, I separated the RAM Court Reporting 8ervlee 6~j E~st Main at., Rl~rhead, N~, u~l ~16) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 photographs that were taken into those which showed service stations with additional accessory use or uses as evidenced On inspection. There is another set of photographs which show gasoline stations that are equipped with canopies connected to a building or in every case covering the pump island. MR. WAGNER: %~uld you have a copy of those compilations? MR. GREEN: I do have them, if I may submit them at the appropriate time. MR. WAGNER: It might be helpful if I reviewed them and you can use my copy. MR. GREEN: I had a few other comments. It might be helpful for the Board. In accomplishing the assignment that was given to me by Mr. Wagner, I think it's fair to look at in terms of accessory uses just to briefly look at the history of origin of auto~obile filling stations. The early filling stations were typically accessory to a general store in the rural areas or an accessory to a vehicle dealer in the horse and buggy days. As time went on, we saw that followed by the RAM Court Reportinf 8eFviee &~ Ka~ Main St., Rl~Fhead, MS, ~V01 (Sz6) 727-31~ 1 2 $ 4 5 6 ? 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 89 franchised automobile dealer who frequently sold gasoline. Then we saw a development of the traditional service station as we tended to know it from the thirties, forties, fifties and even into the nineteen seventies where the primary function or primary use of such a service station was the sale of gasoline and petroleum products. The accessory use was the repair of automobiles, the sale of accessories, automotive accessories. As time went on, this servicing of automobiles changed with the complexity of automobiles. Some service functions can only be efficiently constructed by a dealer requiring expertise in terms of technical ability and also equipment required. Some of the other simpler, less demanding requirements have been transferred to the specialists, such as the muffler shops, the tire dealer and front end specialists, the lubrication specialists, Jiffy Lube as an example. With these changes in the market and the servicing of automobiles, we have witnessed the decline in the service aspects' as the accessory use. We now see the convenience RAM Court Reporting 8ervlee 633 Eost Mmln St., Rlverhosd, N.Y., 11901 (516) ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 store which emerged in the south and first in the seventies that I have made, come full circle. according to the research but now we have sort of We have reversed the earlier configuration where fuel stations were the accessory used to the general store to the point where now the convenience store has become the popular accessory use for the gasoline filling store. I say filling station because they're not service stations as we traditionally know. I think filling station is a more appropriate term. The primary function is the storage, pumping and sale of gasoline and we see throughout the town a number of other accessory uses that exist. The sale of not only convenience items, but we see fuel oil as an accessory use. With certain service stations or filling stations, we see other items that are sold. If I may submit this, I have one copy for the Board regrettably because we were running short of the photographs due to the overlap with those of canopies and those existing multiple or single accessory uses in addition RAM Court Reporting Servlee J~3 East M~n ~., Rip.head, N~, ~01 ~16) ~7-~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the service stations. Mr. Wagner, one for the for myself, if I may present this HEARING OFFICER: Thank you, MR. WAGNER: in this report. photographs? MR. GREEN: 91 I have one for Board and a photocopy to the Board. sir. There are photographs contained Did you personally take those I took them and I so indicated on Page 1 and the dates on which they were taken. MR. WAGNER: Would you say that these photographs are fair and accurate depictions of the various subjects of these photos? MR. GREEN: Yes, I do. Just to briefly cruise the report, the first photograph is from a former filling station from the nineteen twenties indicating, of course, there you have multiple use in that I think it is fair to say service stations as we knew they were automatically multiple use or accessory use combined with a principle use back even then. I would say the principle use was the pumping of gasoline. You can see to the right as you view the photograph, there RAM Court Reportlnf Se~vlee · 3~ East Mdn ~., ~l~head, N~, ~01 (J16) ~I~-~IH 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 92 is also a repair garage. Another one, Alex Mezorakis Garage in East Moriches, that dates from the twenties. He has owned it for the last forty years. I should say the pumps have been removed on the first two, victim of the increased requirements now that the costly fiberglass tanks that must be installed. In Center Moriches you see a situation where there is a large convenience store here. In this case it's a deli, but the original function and I think the original building to the right was a filling station going back probably to the nineteen thirties. Something similar with multiple uses, this is a convenience store. There is a repair garage repairing transmissions in ~ddition to pumping gasoline at the service station located on Montauk Highway east of the railroad overpass in Center Moriches. The next is an example of a more recent construction. This is a mobile filling station with a canopy and convenience food on the Manorville Road adjoining the Long Island Expressway. The Riverhead Car Wash providing service, auto service, in terms of the car wash both a self RAM Coufl Repofling Servlee 633 Eest Mdn ftC0, Rlve~*heml~ N.Y., 119O1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 93 service and a service operation. We have a convenience store that is an accessory to the primary use of automobile service. The Hess filling station in Riverhead is again, a late example of the convenience store as an accessory use to a filling station. There is no repair conducted. The house mart name is clearly marked on the convenience store. The Shell Food Mart in Riverhead, the Route 24 circle is a filling station. It also has sizable convenience store. The Metor Filling Station in Flanders, that is a limited convenience store with a filling station and most of the new units as you will see now and also in the next photographic presentation, mos~ have canopies. We have in Hampton Bays the most recently constructed unit in the Town of Southampton, a filling station, an ~aoco Station with a convenience store. It opened the spring of 1990. We have one several years of age in the Village of Southampton, a Mobile Filling Station with a convenience store on Route 39 and North Sea Road. The next is a Gulf station directly RAM Court Reporting Servlee 633 K~t Main St. Rl~rhead, N.Y., U~I (916) 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 across the street limited to convenience food and a filling station. The next photograph is of an Enzines Mobile Service Station on Hill Street in the Village of Southampton. This has existed with multiple uses, accessory uses, although the primary use is an automobile filling station. There is a canopy that was installed prior to 1927. There is a photograph of the building in 1927 on display in the showroom. Also, there is an automobile repair garage. Fuel oil and kerosine sales have been conducted there for many years as accessory uses. In Water Mill there is an Amoco Filling Station with a canopy and also convenience food. It was the first convenience food store constructed in an Amoco Station owned by the local distributors, Strong Oil Company. That is approximately eight years old, the convenience store. Similar the same ownership on the next Amoco in Amagansett, there is a repair garage operating in conjunction with the filling station. In Montauk there is a small former Getty Service Station presently vacant and offered for a lease. RAM Court Reporting 8ervlee 633 Eaot Main St., Rl~rhead, NS, ~Z ($16) 727-~68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 It has a canopy and a repair garage. The repair garage being accessory to the filling station. Then in the Town of Southold, we begin at Peconic with a Mobile Filling Station with a convenience store. In Orient, you have something that is more typical of the older building and rural area, particularly a small community such as Orient where you have a number of uses. The primary use is still the automobile filling station. In addition to it, there is a repair garage, convenience food, they sell ice and fish bait, fuel oil and kerosene. In Greenport, Hispano's Repair Garage, that had been a service station and repair garage. The pumps were removed early in 1990 according to the owner when I spoke to him yesterday. In Greenport we have the Atlantic Filling Station with a convenience food store as an accessory use. In Mattituck, there is the Mobile Filling Station with a convenience food store. In Mattituck, the Sunoco Service Station with gasoline sales. Quickly, this is the subject property with a bay devoted to a quick lube, the center bay to RAM Court Reporting Service 633 East M~n St., RJverhead, NY, ~901 (916) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 96 auto repair and the third bay to an automated car wash. That is a structure that was perfectly typical for its age, '69 or '70, thereabouts. Then in Mattituck, there is another example of a three bay service station that is now operating as a filling station and Texaco Gas Mart, convenience food and the last photograph is the Atlantic Filling Station in Jamesport offering convenience food in a preexisting service station. I also, in my investigation, have had an opportunity to discuss service stations with David Hawk who, I believe, is Vice- President and part owner of Strong Oil Company. They are the Amoco distributor for the east end of Long Island. They own and operate four. retail service stations or filling stations David Hawk is also a member of the Amoco National Advisory Board on station design. So he was able to shed light on not only what he has done on the four stations that he owns on the east end of Long Island, but also on what ~oco is doing in general from his perspective as a member of their National Board. RAM Court Reporting Servlee 633 East Main St., Rlverhead, N.Y., 11901 (fl6} 7~7-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 97 Of the four stations that he owns and operates, all of them are canopied and two of them presently have convenience food, that is the original one in Water Mill, the most recently constructed one in Hampton Bays. He will be very shortly constructing a convenience food store or convenience store in Riverhead on Route 58. The only remaining unit in Amagansett is presently occupied as a repair garage and that probably will continue. The indication is he would not build a station, a new station either without a canopy or without a convenience store. It has been the age old problem for any person in business trying to compete, if you find others around you with what appears to be a competitive edge providing additional service and appeal to the market that the convenience store has done, you're almost at necessity forced to do it. In each case, in each case for David Hawk at least, the two convenience stores he operates, both show revenues from the convenience stores of approximately 10% of overall sales. Also the indication from him was that is typical for RAM Court Reporting Servlee 633 E~t M~n St., Rl~rhea~ N.Y., u901 (fl6) ~7-~68 '7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 ~oco convenience stores as that only to indicate 98 stations in general that operate an accessory. I submit that it is my belief based on my research that the convenience store is clearly an accessory use. It is not a dual principal use. It is not a shared use. It is clearly accessory. Also, I did have an opportunity to review a prior affidavit to this Board dated 1988 in connection with the Tarton Oil Corporation application in which Barry Towering, the President of Tarton Oil indicated in the affidavit that there were in 1988 in excess of 55,000 convenience stores nationwide and I think we have to agree that this is not a brand new phenomena. They have been around. They are certainly growing. The convenience store apparently fills a need. It's well accepted in the market. Many of them function in the off hours when restaurants are closed and they become the sole source of food, particularly for night workers who have meal breaks three and four in the morning. Also, for emergency workers who have no where else to acquire food or convenience items and also even RAM Court Reportinf 8eFvlee 633 E~t M~n ~., Rl~rhead, N~, ~oI ~161 '~7.3168 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 99 for families where illness is a problem, in need of an aspirin or an analgesic in the middle of the night. I think it is fair to say the vendor is beco~aing necessary from the standpoint of the operator in order to become competitive, it also fulfills the expectation of the consumer. The consumer is increasingly coming to expect such an operation if it possibly can be provided and there are certainly cases if you were next door to a convenience store it might not be appropriate. If its not the case, I think its certainly the way of the future. Another consideration in my reading, I had occasion to review the Building Evaluation Manual by and to the Commercial Manual and the indication when they were published in 1977, the typical life expectancy of a service station building ran between 15 and 25 years. In talking to representatives from the applicant, that still apparently holds true and it gives rise to large investments, well maintained property. I think the photograph of the subject property does speak for itself. It's clean. It's well maintained. There are no RAM Coufl Reporting East M~ln St., l~lverhead, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 derelict automobiles around. as fine a station physically 100 It's certainly as you'll find typically anywhere in America, but here, it's simply something that has to be updated constantly. It's part of the competition in the industry and for that reason they are constantly upgraded or at least changed whether you and I feel they are upgraded, the effort is made to maintain the competitiveness required in the industry. With respect to the sales, another interesting note in establishing the accessory character of the C Store also came from one of the files of this Board. Back to 1988 there were sales for the two days of the Peconic Mobile Station. They showed the sales for February 16th, 1988 and also February 17~h, '1988. If I may submit this to the Board, it is from your own record that the indication is that the sales from the convenience store are approximately 10% of the overall, again, in line with what I have been told by the local distributors and also its in line with my conversations with the applicant as to what their RAM Cour~ Reportlnf Servlee 6~ ~ Mmln Se., Rl~rhemd, N~, ~1 (S1~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 expectations are in general. The next area to discuss 101 very briefly is the use of the canopy as a customary accessory structure that is an item that also had its origin in the nineteen twenties and if I may submit this to the Board, this again is a very similar photographic presentation. The photographs were taken and exposed by myself on the dates indicated, November 27th to 29th and I think each is an accurate representation or depiction of the particular station view. There is a certain overlapping. Some photographs will repeat and appear in both booklets simply because they demonstrate the other item in question. in ~here of properties the nineteen twenties. What provide, I think essentially There are photographs that do date back to does the canopy it's a shelter from the elements. That was something that fell from favor by the late nineteen thirties. We didn't see much of it in the forties, fifties and sixties and it began to reappear, I am told, in the south in the early seventies. It didn't make its appearance in this part of the country RAM Court Reportlns Servlee 6SSKaotMalnSt.,Rl~head, N~,~l($16)?~?.31~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 until late in the seventies. down south with the advent of gas station and for the service 102 It also coincided the self service it provided not only, of course, station, it was a shelter for the clerk who would be pumping gasoline but in the beginnings and even to this very day, it's shelter for the customer, the consumer who has popularized certainly the acceptance of self service. Consumers have voted with their dollars and it's the reason why we see them throughout the country. I have seen, in my own experience, I've seen them all over Long Island, I have seen them in New England, throughout Florida. They are quite typical for instance on turnpikes. I've traveled the entire length of the Ohio Turnpike and also the Indiana Turnpike. Each and every service facility is equipped with a canopy. The canopy also, I think, provides a certain measure of security in that they are not only well lighted, but the light is of a sufficient height that it is a bright overall, almost shadow free illumination. I couldn't help but notice that traveling the main road this RAM Court Reporting 8ervlee ~33E~tMilnSt.,Rl~rhea~ N.Y.,~X(SI6)~?.3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 evening and noticed how well lighted those stations were, particularly from the standpoint of the frail, the elderly or women who are concerned about being alone in that type situation. I think this, again, it is more common sense than anything else and I don't mean to belabor this, but certainly I've come to these conclusions that the vendor is increasingly a customary accessory use and it is an expectation of the motorist. It is a requirement from the operator's standpoint in terms of meeting the competition and where such stations do exist and they do exist in the Town of Southold, it seems virtually a necessity for a successful operator to meet his competition. The canopy covered stations are usual and customary. They are increasing day by day. From all I've been able to learn, both discussing it with the Amoco distributor and also discussing it with Sun, the major oil companies are not building any other kind and virtually all the renovation efforts that are going into existing stations are to install canopies over the pumping islands frequently RAM Court Reporting Service 633 E~t Main St., Slverhead, N~, U~l (il6) 7~7.31~ 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 combined with the accessory use of a convenience store. The last item while it is difficult to quantify, but the inability for an owner or operator of such a service station to either construct such a canopy or to operate a convenience store if the market demand is there, certainly has a negative effect on value. it may be difficult to quantify it, one would pay more for a site where were a matter of right as opposed to one where such approvals would be prohibited. So I conclude my comments to you. I stand ready to answer any questions you may have or Mr. Wagner or anyone in attendance. MR. WAGNER: I have one or two questions for him. HEARING OFFICER: I want to mention to you we do have a time constraint and I would like to wrap this up by a quarter after, if we could. MR. WAGNER: Mr. Green, you testified as to convenience stores being accessory to gasoline stations. Would you say as a rule RAM Court Reporting Service &~3 F4ot Mdn ~., Rl~Fhemd, N~, ~Wl (SI6J While certainly such approval: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 they are customarily incidental or subordinate as to a gasoline function at the station? MR. GREEN: MR. WAGNER: par with the gasoline MR. GREEN: No. Yes. They are not there on a filling station? I mentioned earlier it is not a dual principal use. It's clearly accessory. It's subordinate and I think it's subordinate to the degree that the sales figures give us some indication as to sales volume. MR. WAGNER: That is the only question I have HEARING OFFICER: My only question may not be presented to Mr. Green, but more for you, Mr. Wagner, and that is to what degree, if the Board is so inclined, what degree will this accessory use of food retail sales involve? In other words, will it be a prepackaged food or more on the deli type of a use? MR. WAGNER: Fortunate for us tonight, we have with us Jack Wernari, who is a member of sales arm of Sunoco who will describe in great detail what that will involve. MR. WERNARI: I will hit your point right on the head. Our franchise pro~ram, which every RAM Court Reporting Serviee 633 Eaat Main Wt., Rl~rh®a~ N~, ~1 (fz~ ~7-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 store is the same on the inside, we have a six foot deli case, a slicing machine and a scale unless we are prohibited by the Board and they ask us to covenant that and it is a discussion amongst the sales force and the marketing department that will make that determination. HEARING OFFICER: What are you limited to if we prohibit that? MR. WERNARI: I have a location here on Long Island that we simply have to go out and have packaged sandwiches, premade where there is no slicing or any way of the bulk cold cuts and able to be distributed over the counter. HEARING OFFICER: Such as Oscar Meyer or ~omething like that? MR. WERNARI: That's right. That is at One location out of the 300. MR. WAGNER: Do you have any estimate for what percentage of sales are taken up by the deli side of it? MR. ~ERNARI: Yes. From a low of 5% of total monthly store sales to 6%. It is not a major function of a convenience store RAM Cou~t Repo~ting Se~viee · 3~ East Main at. Rl~hea~ N.Y. ~I (J16} 7~7.31~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 itself as far as monthly items. MR. WAGNER: 107 sales and grocery Can you describe what other type of items you offer for sale? MR. WERNARI: Sure. Dairy products, milk, eggs, all soft drinks, we normally have a hot dog machine, fountain soda machine, grocery items candy section, morning and rolls from candy goods, packaged goods, newspapers, coffee for the and doughnuts and that type of thing. Again, our locations do have register system where one designated to also handle I mentioned most of deli cases and a cash cash register the gasoline purchases. The customer for the gasoline would come inside the store, pays for that product and we have the system set up for the gasoline pumps to dispense that to the car and have the ability to purchase products inside while they are waiting. HEARING OFFICER: My only question in reference to that is; this appears to be truly a convenience item for the person purchasing gasoline. At what point on a ~AM ~ourtReportin~ Se~vlee 635EaetMalnSt. Rl~rhead, N~,~z(S16)TZ7.31~ 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 108 percentage basis does it actually become a second primary use? In other words, do you have gas stations where the sale of food actually somewhat levels off the sale of gasoline? MR. WERNARI: No. Not even close. I think you mentioned and we had discussed that a little bit earlier. I gave him an extreme example of our top location on Long Island that is in Amityville on Route 110 in the heart of the town and the closest scenario is that the gasoline sales are four times the sales on a monthly basis, of grocery sales as compared to dollar amounts of total gasoline sales. MR. DOYEN: How much is the bottom line? Which one pays the most? MR. WERNARI: Well, again, from the company'~ standpoint of Sun Oil Company, obviously the gasoline pays the most. That is where our margin is as in oil company. As an independent franchise or dealer, basically it is the same function. They obviously have a secondary income coming from the grocery items and the RAM Cour~ Reportinf Se~vlee 633 Ent Mdn ~., Rl~Fhee~ N~, ~oI (Jl~) ~-31~ l 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 109 sale of the gasoline is the primary function to bring the customer into the store. MR. WAGNER: That is also the business of Sun; is that correct? MR. WERNARI: Yes. HEARING OFFICER: You probably just answered this question, but truthfully, why would somebody want a convenience store aside from the fact that Mr. Green says it's now in -- MR. WAGNER: A retailer or a customer? HEARING OFFICER: A customer. MR. WERNARI: The word convenience simply entitles them to come into a service station. The normal function is to buy gas once or twice a week and also the ability to purchase a product like milk, eggs, bread, candy, soda, beer on their way home instead of having to make several stops and the ease of that transaction, they're spending three minutes at a service station, at a pump, they have to come into the location and pay for the product. They pick up a secondary item to take home and 90% of the time the excessive cost in there is their so called convenience and that's what RAM Court Reporting Service 633 East Main et., Rlvorhea~ 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 110 they pay the additional amounts for. HEARING OFFICER: How about from the franchisee's point of view? MR. WERNARI: From the franchisee's point of view, we have dealers that are at the location in this particular case, the .~xisting dealer was there for 11 or 12 years is staying on. He was a mechanic. He no longer wants that end of the business. he simply has addressed the fact that he is going to pay a substantial amount of money for a franchise and have a convenience store franchise fee, a cleaner operation for himself and also the ability to make the increased profit for himself through a convenience store offering. HEARING OFFICER: Certainly, the utilization of existing square footage. MR. WERNARI: That's right. He will obviously also, again, getting back to the point about the gasoline, if this offering is something that the public has grasped and enhanced, it's going to increase his own gasoline sales. Thereby, the reflection of that, RAM Court Repol~lng 8e~vlee East Main St., Rlverhomd, N.Y., lagol (J16) ~.~l&8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 111 he makes the gasoline profit and as the oil company, again, we are having an increased volume through that location. HEARING OFFICER: The only other question i have, Mr. Wagner, is similar to the question that we just asked, why the canopy, a part from it is a 1980 in vogue thing? MR. WAGNER: 1990. HEARING OFFICER: '80, '90. I want to give you an idea. We have had people come before us telling us the only reason why they built a canopy was to support the suppression system and I do not buy that. I have seen suppression systems very accurately done without canopies. MR. WAGNER: Right. In fact, I reviewed the file of your Board in which that repre- sentation was made and I would like to make the representation to you that the canopy is absolutely essential because of the fire suppression element, but it is true that the adequate suppression system can be designed without designing it in the canopy. In fact, the one that is proposed is not in the canopy RAM Court Reporting Service 633 E~t Main St., Rl~rhaad, N~, ( ( 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112 and it is probably a safer way of doing it because the fire suppression elements, the sensors and also the extinguishing elements are closer to the mat where any fire would break out. Anything up in the canopy where it is feasible to design such a thing, is further away from the low cuts of whatever problem develops. I cannot represent to you that the canopy is necessary for that. The canopy is necessary as we described to protect from the elements on a rainy night, especially when people are out self-serving themselves to be assured that they will be somehow protected. A lot of people have a little bit of a problem with self-serving gas. They get frassled a little bit. The pumps don't work properly and rather than be distressed by the fact that they are getting wet in the process, we provide a little assurance for them, a little protection so they can keep their heads cool and do whatever they have to do. In addition, you want to also think of it in terms of the marketing standpoint which I described to you earlier. It's become a RAM Court Reporting Servlee 633KaatMalnSt.,Rl~rhead, N~,~x~x6)~7.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 113 competitive necessity nowadays for a canopy to be there. It provides a certain psychological assurance for them, so to speak, for people coming on to the site when they see the canopy, especially when the weather is bad. are more inclined to go to a station some protection than run out as current site is right now. going to try to kid you that we could not build the site without a canopy. It could be built without a canopy, but it would place the They that has in the rain, such I am not over the existing situation as it stands right now? ~ MR. WAGNER: I do not think that would be in the interest of the town. One of the things that we are doing is relocating the gas pumps, bringing the pumps back from the road somewhat and I think part of the reason for doing that is not only to bring the dispensers closer to the underground storage tanks, but also to provide enough space so there is a reasonable front yard for the canopy from RAM Court Reportlns 8erviee 633 ]E~t Msin St., Rlverhoad, N.Y. I1~Ol (Sl~) ~:~7.3168 applicant at a severe competitive disadvantage. HEARING OFFICER: Why not put a canopy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 114 Now, the canopy itself is not it doesn't It has the road. your typical structure because have a footprint on the ground. a shadow on the ground, but not a footprint. So it doesn't provide any kind of a visual obstruction. As I tried to explain at the last Hearing in that respect, there is a sort of public benefit to be derived from enforcing the strict set back requirements. You are not having any problem with site distance around the corner and really to apply two 50 foot front yards on this property is excessive and as you can see from the exhibits I handed you last time, when you apply those set~backs there is no room for a canopy. We have all the'problems that we had just described, open air filling stations, we have psychological depression of the client that wants to come into the property and not finding it to be sheltered in the rain. Apart from that, I am not going to represent anything about fire suppression because it is not true. HEARING OFFICER: Mr. Green, you have given us a substantial amount of pictures. My RAM Court Reporting 8ervlee 633 Fast Main ~., RJverhoad, N~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 115 only concern is that this is a corner piece of property. It is a very busy area. It also is somewhat attractive. It's coming into town. Is there some indication in the way of a picture that you could afford us from Mr. Green or somebody from Sun Oil similar to what we could see other than a blueprint of what this station would look like assuming it was completed. We are primarily concerned with the canopy at this point. I am concerned about what the canopy looks like and i should point out to you this Board never did nor would it ever in my estimation as I said here before, ever have granted the Mobile Oil Station on the east side. MR. WAGNER: That has a two foot set back. HEARING OFFICER: That canopy is very, very close to overhead power lines. It is still the nature of an adjudicated lawsuit which we have come to some amiable results. However, this gentleman has still not come back and filed the necessary application with the Board and it happened overnight. certainly a situation that occurred. RAM Court Reportin8 Service 633 K~t Main St., Rl~rhead, N.Y., It was I will not 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 read into the record the frustration had over it. appropriate MR. WAGNER: 116 I have I will leave it to a more time, but it happened. That canopy, although it is at the present time illegal and will probably remain so until some modification is made, is a good source of comparison to what we are trying to do. That canopy is only set back two feet from the property line. We by contrast are 29 feet back. In addition, that canopy does not conform to the height requirements. I believe it is 19 feet high so it is over the limit for an accessory structure which is 18 feet. We are proposing to build within the limits. We are seventeen some odd feet but we are still conforming. Apart from the canopy, if you look at the diagram, they basically look much the same. The thing we tried to do is to have a canopy that is functional and yet reduce the amount of relief we require from your Board. We looked at it. We found that 29 feet was the maximum we could go back and still cover the pump area. The pump area can't be moved any RAM Court Reportin8 8ervlee 653EostMalnSt.,Rl~rhead, N~,~l(fl~7ST~168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 117 further back without being in the preexisting building itself and not allowing turning distance for people going through the pumps and having to swing around to get back out of the property again. MR. WERNARI: Would you like pictures? HEARING OFFICER: Could you please? MR. WERNARI: I can supply you with pictures within ten days. MR. WAGNER: I believe we have two operating stations on the Island run by Sunoco. HEARING OFFICER: I want to know the density or the height of the canopy and how it will look from a wide angle shot coming down. MR. WAGNER: I am going to try to move to the left. I know we are running on overtime, but I will try to breeze through it for you. I have in addition to Mr. Green's analysis some data that was supplied to me by Mr. Dwyer who I also asked to go out and do some snooping around Smithtown and Islip and he was able to take some photographs and we prepared a summary cover sheet describing each of the RAM Court Reporting Servlee 633 East Main St., Rl~rhead, N.Y. u~ox (S1~ ~?.3160 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 118 stationsin, question and annexed to that summary and cover sheet our photographs of the various sites and they are all cross indexed. I am going to ask him to come up for a moment. I show you two documents. One is entitled, "Examples of gasoline facilities of accessory convenience stores," and the other one is entitled, "Examples of gasoline facilities with accessory canopies." Do you recognize the date on that? MR. DWYER: Yes, I do. MR. WAGNER: There are photographs attached to the two documents. Do you recognize those? MR. DWYER: Yes, I do. Those are the pho{ographs that I took on Tuesday and Wednesday of this week at locations in the Town of Brookhaven, Islip and Smithtown. MR. WAGNER: Are 'those photographs fair and accurate representations of the scenes depicted? MR. DWYER: Yes. MR. WAGNER: I would like I would say so. Thank you very much. to submit both of those to RAM Court Reportinf 8ervlee Main gr., Rlvorhead, N.Y. 119o1 (SI6) ~7-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 119 Board and you can peruse them at your leisure. The purpose of this exhibit is to give you a broader scope of your consideration. As I am sure you appreciate the east end is its own world. MR. DWYER: I would just like to add in the drawings we submitted to the Planning Board, we did provide an elevation drawing that shows the elevation of the canopy and if you would like such a drawing, provided for you. HEARING OFFICER: from the point of fire to fill fire vehicles. it will be It is very important access and the ability At present, We have to extract our tanks in Mattituck at our site on Pipe Street and we will be doing that before the first of the year. I am not speaking for the Mattituck Fire Department. I am merely a member of the Mattituck Fire Department so it is our concern. MR. DWYER: The canopy is 14 feet from ground to bottom of the facier of the canopy and the facier is three feet high itself which makes a total height of 17. There RAM Court Reporting Service 633 E~t Mmln St., Rlverhead, N~, ~90I ($16! 7Z7-31~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is a clearance of 14 below the our delivery truck will be that canopy to give you an of the canopy. HEARING OFFICER: 120 canopy and traveling underneath idea of the height Do you happen to know how high your hook and ladder is? MR. DINIZIO: It is not 14 feet. MR. WAGNER: Just to complete the record, I need to recite to you a prior decision of your Board which is Field No. 3618 in the name of Sukru Ilgin and Mike Peksen doing business as Ocean Holding Corp. This is a decision. I will just describe it to you briefly. It was an application for a variance from the now defunct section of the Zoning Ordinance, Section 100-52 which was a shopping center provision and apparently interpretations were being made a few years ago that a convenience store combined with a gas station a shopping center made and a variance was necessary to get out from under the 40,000 square feet lot area requirement that was contained in that section. In this particular case, the applicant had a lot area RAM Court Reporting 8ervlee 633 Eort Main Bt., Rivarhead, N.Y.,/1901 (SIS) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 of 11,984 square feet and they applied for a variance of Section 100-52 which they were granted. So they went from 40,000 square feet down to 11,984 square feet. I worked out the magnitude of that variance for you That works out to about a 72.5% variance all totalled. Now, the other interesting thing about this decision is that it evidences that the Board at least at that time was recognizing that it was possible to conduct this kind of convenience store use as an accessory use to a gas station. In fact, the decision conditioned the approval upon the operation as such. It was conditioned upon the operation of the convenience store assessory and incidental to the gas station use and that is precisely what we are trying to do here. There is no intention to convert this into the principal use. I realize it is a different section of the code, but the principals of accessory use and the interplay of principal and accessory use are very much the same. That is why I decided to recite it to you tonight. If the Board is amenable to granting some relief RAM Court Reportinf 8ervlee 633 EeOc Main St., Rl~rhead, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 on this application, I would suggest you might insert a similar condition that would maintain the control that the Board seems to want to have over these uses. In fact, that also answers the question that the Planning Board has raised in the memorandum that they submitted to the Board arguing against this kind of relief. They are concerned the use could get out of control. There could be two principal uses there, that a convenience store could have actually go out of business and something else such as a tape rental place could be placed there instead. You can control that by conditions in your decision and, in addition, I do not think your Zoning Code wo~ld allow that kind of replacement because no one has ever demonstrated that a tape rental place or any other business besides a convenience store is customarily incidental and subordinate to a gasoline station use. We have tried to make that showing tonight with respect to a convenience store. Let me sum up where our application stands. Our principal contention for the RAM Court Reporting Servlee J33 East Main ~., Rl~fhea~ N~, U~Z (JXM 7~7-~E~8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 123 convenience store, part of the application is that it does not as we proposed to operate it, constitute a separate principal use on the subject property, rather as an accessory use. We are therefore calling for an interpretation from the Board that the 60,000 square feet required by the bulk schedule for two separate principal uses in the B General Business District does not apply. The building inspector chose to apply that standard. That is why we are here before you. %~e believe that because under such an inter- pretation, the applicant could undertake the proposed gas station an accessory convenience store use because basically it involved only a substitution of one accessory use for another, that is the convenience store or the service facility as they are presently in the existing structure. We also believe that because we have just a simple one to one substitution, that we could conduct that as a right being as we have a single and separate parcel. That is part of the reason I submitted the single and separate abstract view to RAM Court Reporting Servlee 633 East Main St., Rlverhoad, N.Y., 119ol (J16) 727-3168 1 2 3 4 5 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 124 demonstrate that. Under Section 100-244 of the Town Code there was a right to use a substandard parcel, not that we are trying to get away with anything extreme. When the parcel in question was created, there was only a 7500 square foot minimum lot size standard in force. That was pursuant to 1965 and 1966 Zoning Codes. There was a revision of the Zoning Code in November 1971 that raised that standard to 30,000 square feet, a big jump from 7500 up. We had a substantially oversized lot to begin with, 24,000 some odd feet and suddenly we were substandard. t have to address one last is to item and that if for some reason the Board is not willing grant the interpretation that we are requesting being that it is assessory use and that the square feet does not apply and we cannot conduct it as a right, we will require a variance from the 60,000 square feet standard. I submit to you that the applicant has sufficient practical difficulties under the applicable standards of Washberger versus McCallas to justify the grant of the variance. RAM Court Reporting Servlee 633 East Main St., Rlverhead, N.Y., 11~01 (Il6) 727-3160 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 125 I will not go over the word for word standards again. You heard them several times tonight and it is already part of the record in this particular matter. I will recite to it by reference. I will run through and explain to you how we meet each of the criteria. HEARING OFFICER: You want to hold up on that until the January meeting? The reason I ask you that, have you painted the specific outline of the canopy or the corners of the canopy on the ground up there? There has been no spray painting? MR. WAGNER: No. HEARING OFFICER: Would you consider doing that, approximately where they would be, just the four corners? Also, would you spray paint, I do not care if it is in the p~rking lot on the ingress going in on the east side or west side, two of the Islands? I would like the local fire department to go up there and see if they can get around those. MR. WAGNER: As proposed. HEARING OFFICER: Hold up on that, if you do not mind, until the January meeting. Do RAM Court Reporting Servlee 6~3 E~t M~n Ot., Rl~rhea~ N.Y., ~Wl (Sl~) ~.31~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 126 this in five minutes and wrap it all up and we will see what the determination is. MR. WAGNER: I would like to do that, but I will have to consult with my client. One of the reasons, with such haste after the last meeting, is that the client is anxious to get some kind of a determination. HEARING OFFICER: I know this has been lengthy. MR. WAGNER: It has been a long time and we are coming to the end of the fiscal year for Sun Oil and they have to decide where they are going to put their troops for the next year. If you want me to proceed with that in mind, or I will do whatever you would like. HEARING OFFICER: I would like you to wrap it up. We will just close the Hearing. If you do not show up, this is no big deal, but I would like to go up there since this is one of the sites that the fire department uses or will be utilizing once the tanks are removed. In fact, I was at the meeting the other night and this is the one the chief told us we would be using. We always use RAM Court Reporting Servlee 633 E~t Main St., Rlverhead, N.Y., u9oI (Sl&) ~7-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sunoco any way. MR. DWYER: tomorrow if you would it then. 127 I can have that painted like an you can look at how MR. DWYER: I can have as you would like. MR. WAGNER: He can do HEARING OFFICER: You cannot guarantee long it is going to be there? it painted as soon it tomorrow so you can go out and inspect it this week. HEARING OFFICER: I am going to meet with the committee chief on Monday night over in the last MacDonald's application. At that point I will then talk with them and ask them to take one of our trucks up there so if you can have it done, possibly Monday. I am not guaranteeing I am getting the boys up there, but the Island is of grave importance to me so trucks can maneuver in and out of there. MR. DWYER: You are saying that your trucks use Sunoco gas and you want to be able to maneuver them in and out of the station. Again, we have a tanker truck that gets into the station that will have to go in and out of RAM Court Reporting Servi~e 633E~tMalnSt..Rlverhead, N.Y.,~l(fl~ ~7-$1~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 128 the station. We sat down with Mr. La Sarde and made a scale model of the truck and moved it in and out of the station. MR. WAGNER: things he found, One of the interesting I want you to know we have been through the Planning Board office and we are at the point where we are on the verge of a Public Hearing on our site plan. We met all the requirements that they can think of. One of the things that came up when we finally left their office and went over to Victor La Sarde's office was that the plan for access and egress from the site was not workable when you consider the size of the tanker truck coming in. That is the context in which we were doing diagrams and making scale models. HEARING OFFICER: We do not have any tanker trucks but they are about 36 feet long. MR. DWYER: Ours are 56 to 60 feet long. HEARING OFFICER: You could always use the outside of both islands so understand that is not the particular problem. I was more concerned about where the canopy was going to be. Try to get the painting done and we RAM Court Reporting Servlee 633 East MsIn St., Rl~rhesd, N~, ~Wl (SI6) ~-31~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 129 will go up over the week. I understand if it is raining you are not, but I will stop over the week. MR. DWYER: I will get it done. I will go out and do it tonight if I can find a hardware store. MR. WAGNER: You have a regular meeting in mid-December sometime, I believe? HEARING OFFICER: That is a special meeting. MR. WAGNER: I thought it was a regular meeting. I am not trying to be jumping the gun, but like I said, we are under some time constraint. I would not want to put it off too long. HEARING OFFICER: what you are going to hard copy and give it Why don't you give us read into the record in to us before the 13th and we will put it in and attempt to close the Hearing on the 13th. We thank you very much, gentlemen. It has been very informative. MR. WAGNER: I would like to say one more thing. The one thing I have learned in RAM Court Reporting Service 633 Em Main et., RJ~rhead, Nh, UWZ ~1~ 717.~68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 130 reviewing the files in the Town is that I think we are the first applicant for something of this sort that has tried to do everything by the book. We have gone through the Planning Board. We have been with them for several years We have been trying to accommodate their every wish and I think we have reached a workable plan. We have a relationship with them. We have come to a conclusion. Now we are going to get everything in place with this Board that has to be in place. We could have gone out and did what the other guys did, just put the things up and started making money, but we didn't choose to do it that way. I want that to be noted, we are the first ones. HEARING OFFICER: Thank you so much. I make a motion of recessing this Hearing to the regularly scheduled meeting and we are closing the verbatira portion of this Hearing. All those in favor say aye. BOARD MEMBERS: Aye. (TIME NOTED: 11:40 P.M.) RAM Court Reporting Service 633 Emot Main St., Riverhead, N.Y., LI~OI (S16) ~7-3168 PHOTOGRAPHS Retail Gasoline Stations Incorporating Multiple Uses Eastern Long Island PREPARED FOR Sun Oil Refining & Marketing Company Applicant to Zoning Board of Appeals Town of Southold, New York PREPARED BY Morley Appraisal Service Roderick S. Green, Jr. 38 Hampton Road Southampton, New York Photographs exposed by Appraiser November 27-29, 1990 MOP,,_LEY APPR~AISAL ~qEI~qlCE MORLEY A. QUATROCHE, SRA RODERICK S. GREEN, JR. · 38 HAMPTON ROAD P.O. BOX 5063 SOUTHAMPTON. NEW YORK 11969,9934 516 283-8100 FAX 516 287-0081 QUALIFICATIONS OF APPRAISER - Roderick S. Green, Jr. EDUCATION: Columbia Colleqe 1953 - 1957 Liberal Arts, Business Lonq Island Builders Institute Builder Training Course - 1974 NEW YORK STATE LICENSES: Real Estate Brokerage No. 443315 1971 - Current General Insurance Broker No. 01587 1972 - Current EXPERIENCE: MUNICIPAL ASSIGNMENTS: EXPERT TESTIMONY: Evaluation of residential, commercial, industrial, farmland, acreage and special purpose real estate for mortgage financ- ing; acquisition by eminent domain in condemnation proceedings for court submittal; use and dimensional zoning variances; tax certiorari proceedings Suffolk County Dept. of Real Property Town of Southampton, N. Y. Town of East Hampton, N. Y. Town of Southold, N. Y. Town of Shelter Island, N. Y. Village of Southampton, N. Y. Village of Quogue, N.Y. United States Marshall's Office-N.Y., N.Y. United States Federal Courts, N.Y.C. & Westbury, N. Y. New York State Supreme Court - New York County New York State Supreme Court - Suffolk County United States Tax Court - New York, N.Y. Supreme Court, Stamford, Connecticut Surrogate's Court, Suffolk County, N.Y. American Arbitration Association-N.Y.,N.y. New York State Department of Environ- mental Conservation Justice Court - Southampton, N. Y. Zoning Boards of Appeal Town of Southampton, N.Y., Incorporated Villages of Southampton, Sag Harbor and Westhampton Beach, N.Y. Suffolk County Legislature, Public Works Committee - Riverhead, N.Y. MORLE~F APPI~AISAL SERYICE SPECIAL ASSIGNMENTS: INSTITUTIONAL CLIENTS: Roderick S. Green, Jr. Southampton Town Farmland Development Rights Acquisition Southold Town Farmland Development Rights Acquisition Long Island University, Southampton, N. Y. The Nature Conservancy, East Hampton, N.Y. Rogers Memorial Library, Southampton,N.Y. Southampton Hospital Association, Southampton, N.Y. Peconic Land Trust, Southampton, N.Y. ITT Corporation, New York, N.Y. Anchor Savings Bank-Rockville Centre,N.Y. Banco Mortgage Corp. - Newark, N.J. Bankers Trust Co. - New York, N.Y. Bank of the Hamptons-East Hampton, N.Y. Bridgehampton National Bank, Bridgehampton, N. Y. Chase Manhattan Bank N.A.-New York,N.Y. Chemical Bank - New York, N.Y. Connecticut Bank & Trust - Stamford, CT Citybank - New York, N.Y. cititrust - Bridgeport, CT Dime Savings Bank - Brooklyn, N.Y.d Fidelity Comm. Financial Co. -Newark,N.J. First Jersey Nat'nal Bank-Jersey City,N.J. First Nat'nal Bank of Chicago-Chicago, IL Imperial Savings Association-San Diego, CA Irving Trust Company - New York, N.Y. Long Island Savings Bank - Syosset, N.Y. Manufacturers Hanover - New York, N.Y. Manufacturers & Traders Trust-Buffalo,N.Y. Marine Midland Bank - Long Island, N.Y. McGraw Hill Fed. Credit Union-New York,N.Y. Merchants National Bank - Indianapolis,IN Merrill Lynch Relocation - Stamford, CT Morgan Guaranty Trust Company - New York, N.Y. National Bank of Washington - Washington, D.C. North Fork Bank & Trust-Long Island, N.Y. RiveKhead Savings Bank - Riverhead, N.Y. Roslyn Savings Bank - Roslyn, N.Y. Southold Savings Bank - Southold, N.Y. Suffolk County Nat'nal Bank-Riverhead,N.Y. Sunrise Savings & Loan - Palm Beach, FL Teachers Federal Credit Union - Long Island, N.Y. The Mortgage Center - Riverhead, N.Y. U.S. Trust Company - New York, N.Y. MOI:~,E¥ APPt~dSAL SERYlCE 5t6 283-8100 ESSEKS, HEFTeR & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P, O, Box 279 RIVERHEAD~ N.Y. Ii901 MARCIA Z. HEFTER STEPHEN R. ANGEL JOHN M. WAGNER THOMAS F. WHELAN Town of Southold Zoning Board of Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 (5 16) 369-1700 February 22, 1991 Appeals WATER MILL OFFICE MONTAU K HIGHWAy WATER MIL1, N.Y. ~i976 (SIC) 726-6633 Re: Application No. 3788 -- Sun Refining and Marketing Co. Dear Members of the Board: Representatives of Sun Refining and Marketing Co. and I have reviewed the Board's decision in the above-referenced application, which was filed January 29, 1991. While we thank you for the careful consideration you have given us in your determination, we are concerned about two of the conditions of the convenience store accessory use approval: Condition No. "2", which provides "no food preparation (must be pre-packaged -- including cold cuts and sandwiches)"; and Condition No. "7", which provides "convenience store sales shall be limited to self-service (including vending machines, refrigerators)." At the hearing held on the subject application on November 29, 1990, Jack Guarneri, a representative of Sun Refining and Marketing Co., described the proposed convenience store as including a deli counter and slicing machine, to be used for preparation and sale of sandwiches. The sandwiches in question would be prepared by convenience store employees and would be made to the customer's order. On behalf of the applicant, I respectfully request that the Board reopen its hearing on the subject application, pursuant to Town Law §267(6), to consider the sole issue of whether Conditions "2" and "7" of the approval should be clarified with respect to the proposed deli counter and slicing machine. A representative of Sun Refining can appear at such a rehearing to explain the proposed operation and address any concerns the Board may have with respect to such operation. Thank you for your cooperation in this matter. Very truly yours, John M. Wagner JMW:pi 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 March 1, 1991 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 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Your Recent Letter - Sun Refining & Marketing Co. Proposed Deli Counter and Slicing Machine Dear Mr. Wagner: This letter will confirm that the following resolution was adopted by the Board of Appeals at our Regular Meeting held February 22, 1991 concerning your recent letter in the above matteY: RESOLVED, that upon receipt of a formal application and new filing fee in the amount of $300.00, a public hearing will be permitted to be held before the Board of Appeals at its Regular Meeting calendared for FRIDAY, MARCH 22, 1991 concerning the request of John M. Wagner, Esq. in behalf of SUN REFINING AND MARKETING CO. to consider the sole issue of whether or not to permit the proposed deli counter slicing machine, for the purpose of slicing cold cuts for the preparation and sale of sandwiches~ and BE IT FURTHER RESOLVED, that the legal notice of the formal application be limited to the above issue (as underlined). This resolution was unanimously adopted. Please note that the application and fee must be received not later than Monday, March llth, in order to meet the deadline for advertising the Legal Notice. Very truly yours, GERhaRD P. GOEHRINGER CHAIRMAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 I t. l : I,! 3 I 1991 ARTHUR H. KUNZ DIRECTOR OF PLANNING January 29, 1991 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) Sun Refining & Marketing Co. 3788 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I,. NEW YORK ! 1788 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 January 28, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. No. 3788 - Sun Refining & Marketing Dear Mr. Wagner: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our January 11, 1991 Regular Meeting concerning the above application. Please be sure to return to the Building Department and Planning Board, and any other agency which may have jurisdiction, for appropriate approvals prior to cor~encing sit~ alterations, etc. A copy of this decision has simultaneously been transmitted to the Building Inspector and Planning Board Offices for their files and update~ Yours very truly, GERARD P. GOE}IRINGER CHAIRFd%N By Linda Kowalski Copy of Decision to: Planning Board Building Department Suffolk County Planning Commission / .1. No cooking, except by portable microwave; 2. No food preparation (must be pre-packaged - including cold cuts and sandwiches); 3. No table service or seating for public use; 4. No signs advertising the convenience store use, except by approval of the Board of Appeals; 5. All engine/vehicle repairs and/or car washing services must cease; 6. No drive-thru or drive in services; 7. Convenience store sales shall be limited to self-service (including vending machines, refrigerators); 8. Convenience store is permitted only as an accessory use incidental to the principal use as a gasoline service station (as proposed herein) and within the principal building only, and BE IT FURTHER RESOLVED, to GRANT a Variance for the canopy structure of a size 30 ft. by 103 ft., 29 feet from the westerly property line (along Factory Avenue) and 29 feet from the southerly property line (along the State Highway), provided that the canopy structure not exceed 18 feet in height in the front yard area, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent was: Member Grigonis due to illness.) This resolution was duly adopted. GERARD p. GO~:HRINGER, ~IRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephgne (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 - Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article X , Section 100-102 Variance from Determination Special Exception, Special Permit Article of Southold , Section Town Building Inspector, Appeal No.:3788 Applicant: Sun Refining & Marketing CO! Location of Affected Land: E/S Factory Ave. & N/S Main Rd., County Tax Map Item No.: 1000- 142-1-27 Within 500 feet of: Town or Village Boundary Line ' Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed Boundary of Existing or Proposed Other Recreation Area County, County, Mattituck Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel COMMENTS: Applicant is requesting permission to establish convenience store in conjunction with accessory to existing gasoline station use on substandard parcel with less than 30,00 sq.ft, and interpretation as to height limitation' Copies of Town file and related documents enclosed for your review. Dated: 1/2~/91 F'$SEKS, HEFTER & ANGEL COUNSELORS AT /AW RIVERHEAD, N.Y. Il901 ~:.~ i! Ii,, P. O. Box 570 December 12, 1990 Town of Southold Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: Amended Application of Sun Refining and Marketing Co. for Interpretations/Variances -- Appeal No. 3788 Gentlemen: The public hearing for the above-referenced application was closed to further oral testimony on November 29, 1990. Enclosed herewith please find a written memorandum in further support of the application, which, at the hearing held on November 29, 1990, I stated I would submit. Also enclosed, please find three photos of Sunoco canopies that have already been built in other locations. These photos were requested by the Board at the November 29, 1990 hearing. With the enclosed submissions, the record of the application should now be closed. If I can be of any further assistance, please contact me. Very truly yours, John M. Wagner JMW:pi Encs. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, COUNTY OF SUFFOLK In the Matter of the Application of Sun Refining and Marketing Company for interpretations and variances of the zoning code. MEMORANDUM IN SUPPORT OF THE APPLICATION Hearings were held on the subject application on November 1, and November 29, 1990. At those hearings, testimony was presented to support the applicant's request for: 1. A variance of the front yard requirements of ~100-102 of the zoning code to permit installation of a canopy structure over the proposed relocated pumps on the subject property; 2. An interpretation that the proposed canopy complies with the height restrictions of the zoning code; and 3. An interpretation of §100-102 of the zoning code that the convenience store proposed by applicant would constitute not a separate principal use on the subject property, but an accessory use to the existing gasoline filling station use, that the 60,000- square foot minimum lot area required by §100-102 for two separate principal uses in the "B" General Business District does not therefore apply to applicant's proposal, and that the applicant may undertake the proposed gas station/accessory convenience store use as of right on its single and separate parcel, pursuant to Town Code ~100-244. If the Zoning Board is not willing to grant applicant's APPEAL NO. 3788 requested interpretation for applicant respectfully requests foot minimum lot size requirement. sufficient "practical difficulty" requested variance. the convenience store, however, a variance from the 60,000-square Applicant submits that it has to justify grant of the would to make in the 191 N.Y.S.2d 621 as follows: 1. How requirement; 2. The effect, population density facilities (fire, The criteria for the grant of an area variance, such as applicant require for its convenience store if the Board declines the interpretation applicant has requested, are set forth case of Wachsberqer v. Michalis, 19 Misc.2d 909, (Sup. Ct., Nassau Co. 1959). These criteria are substantial the variation is in relation to the if the variance is allowed, of the increased thus produced on available governmental water, garbage and the like); change will be produced in the or a substantial detriment to 3. Whether a substantial character of the neighborhood adjoining properties created; 4. Whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance; and 5. Whether in view of the manner in which the difficulty arose and considering all of the above factors the interests of justice will be served by allowing the variance. 1. SUBSTANTIALITY OF THE VARIANCE REQUESTED Applicant requests a variance from 60,000 square feet to 24,139 square feet (the area of applicant's parcel). In other words, applicant requests a variance of 35,861 out of 60,000 square feet or 59.8%. The substantiality of the variance, however, is only on paper. Applicant does not propose to create a new and separate principal use on the subject property in addition to the existing gasoline filling station use. Rather, applicant proposes merely to substitute one accessory use -- a convenience store -- for the existing accessory uses to the existing gasoline station, which, as explained by Roderick Green at the November 29, 1990 hearing, include a vehicle repair facility, an express lubrication facility, and a car wash. It should also be noted that the magnitude of the requested variance is significantly less than the magnitude of variance granted in this Board's prior Appeal No. 3618 (Sukru Ilgin and Mine Peksen d/b/a Ocean Holding Corp.). That application, which was strikingly similar to the current application of Sun Refining, involved a request for variance from former §100-62 of the Town zoning code so that the applicant could operate a convenience store in addition to existing gasoline service station uses on Main Road in Laurel. The Ocean Holding Corp. parcel was only 11,984 square feet in area and adjacent to residential areas on the south. Former §100-62 of the zoning code required a minimum lot area of one acre for a "shopping center", and the Town had deemed Ocean Holding Corp.'s proposed combination gasoline station and convenience store to constitute a "shopping center." Thus, Ocean Holding Corp. requested a variance from one acre '(43,560 square feet) to 11,984 square feet. In other words, the applicant requested a variance of 31,576 out of 43,560 square feet or 72.5%. This Board granted the variance requested. 2. THE EFFECT OF INCREASED POPULATION DENSITY FROM THE VARIANCE ON AVAILABLE GOVERNMENTAL FACILITIES Sun Refining's requested variance is not in connection with a residential use and will not result in any increase in population density. Nevertheless, it should be noted that the substitution of a convenience store accessory use for the pre-existing vehicle repair and maintenance accessory uses on the subject property will likely have a beneficial effect on the governmental facilities noted in the Wachsberger case. The discontinuance of the vehicle repair use reduces the risk of fire associated with repair activities performed on motor vehicles, which contain flammable fuels and oils. The waste oils and greases from oil change and lubrication activities, as well as asbestos dust from brake work and other noxious and potentially hazardous substances, will be eliminated by discontinuance of the vehicle repair and maintenance facilities. In addition, the discontinuance of the existing car wash facility will reduce usage of community water supplies. 3. SUBSTANTIAL CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO ADJOINING PROPERTIES The neighborhood of the subject property, which lies on the north side of Main Road (Route 25) in Mattituck, zoned General Business and commercially developed. property to the north and the east, in Plaza Shopping Center, which comprises commercial establishments, including at The establishment of a retail convenience store accessory to a pre-existing gasoline filling station, and the associated discontinuance of motor vehicle repair and maintenance facilities, will be consistent with the commercial retail character of the neighborhood and will have no detrimental effect on adjoining properties. 4. WHETHER THE DIFFICULTY CAN BE OBVIATED BY SOME FEASIBLE METHOD New York, is The adjoining fact, is the Mattituck 26 separate operating least 20 retail stores. OTHER THAN A VARIANCE Sun Refining has no feasible alternative other than a variance. The size of the subject property (24,139 square feet) is what it is. Although the parcel, as explained at the November 29, 1990 hearing, was more than conforming at the time of its creation in 1969, when the minimum lot size requirement was only 7,500 square feet, the lot has been rendered non-conforming by subsequent revisions to the zoning code. There are, in addition, no vacant lands surrounding the subject the property to conform with the 60,000-square foot The only abutting properties -- on the north and east developed as the Mattituck Plaza Shopping Center and necessary parking areas and aisleways for that complex. 5. THE INTERESTS OF JUSTICE The interests of justice will be served by allowing the variance requested. The applicant's difficulty has arisen by reason of the Town's increase of lot area requirements, thereby rendering the subject parcel non-conforming, without any fault the applicant. The proposed variance will permit only substitution of one accessory use another accessory use -- vehicle substitution of accessory uses property that could reasonably be acquired to enlarge requirement. -- are fully provide of the -- a convenience store -- for repair and maintenance. This will involve no increase in above, an arguably facilities such as effect on adjoining Respectfully submitted, ESSEKS, HEFTER & ANGEL Attorneys for Sun Refining & Marketing Co. 108 East Main Street P. O. Box 279 Riverhead, New York 11901 (516) 369-1700 building area, will have, as set forth beneficial effect on available governmental fire and water, and will have no detrimental commercial and business-zoned properties. Applicant respectfully requests that granted. the variance be WILLIAM W, ESSEKS MARCia 7. H EFTeR STEPHEN ~.ANGEL JANE ANN R. KRATZ ,JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN E$$EK$, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. BO× 279 RIVEIRHEAD, N.Y. li901 (516) 369-1700 TELE×-EHCa ~85R318 UW TELECOPlER NUMBER (516) 3~9-2065 MONTAUK H[GHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (816) 726-6633 ALAN D. OSHRIN December 12, 1990 Town of Southold Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: Amended Application of Sun Refining and Marketing Co. for Interpretations/Variances -- Appeal No. 3788 Gentlemen: The public hearing for the above-referenced application was closed to further oral testimony on November 29, 1990. Enclosed herewith please find a written memorandum in further support of the application, which, at the hearing held on November 29, 1990, I stated I would submit. Also enclosed, please find three photos of Sunoco canopies that have already been built in other locations. These photos were requested by the Board at the November 29, 1990 hearing. With the enclosed submissions, the record of the application should now be closed. If I can be of any further assistance, please contact me. Very truly yours, John M. Wagner JMW:pi Encs. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, COUNTY OF SUFFOLK ...................................... X In the Matter of the Application of Sun Refining and Marketing Company for interpretations and variances of the zoning code. ...................................... X MEMORANDUM IN SUPPORT OF THE APPLICATION APPEAL NO. 3788 Hearings were held on the subject application on November 1, and November 29, 1990. At those hearings, testimony was presented to support the applicant's request for: 1. A variance of the front yard requirements of §100-102 of the zoning code to permit installation of a canopy structure over the proposed relocated pumps on the subject property; 2. An interpretation that the proposed canopy complies with the height restrictions of the zoning code; and 3. An interpretation of §100-102 of the zoning code that the convenience store proposed by applicant would constitute not a separate principal use on the subject property, but an accessory use to the existing gasoline filling station use, that the 60,000- square foot minimum lot area required by §100-102 for two separate principal uses in the "B" General Business District does not therefore apply to applicant's proposal, and that the applicant may undertake the proposed gas station/accessory convenience store use as of right on its single and separate parcel, pursuant to Town Code §100-244. If the Zoning Board is not willing to grant applicant's requested interpretation for the convenience store, however, applicant respectfully requests a variance from the 60,000-square foot minimum lot size requirement. Applicant submits that it has sufficient "practical difficulty" to justify grant of the requested variance. The criteria for the grant of an area variance, such as applicant would require for its convenience store if the Board declines to make the interpretation applicant has requested, are set forth in the case of Wachsberger v. Michalis, 19 Misc.2d 909, 191 N.Y.S.2d 621 (Sup. Ct., Nassau Co. 1959). These criteria are as follows: 1. How substantial the variation is in relation to the requirement; 2. The effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities (fire, water, garbage and the like); 3. Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created; 4. Whether the difficulty can feasible for the applicant to pursue, be obviated by some method, other than a variance; and 5. Whether in view of the manner in which the difficulty arose and considering all of the above factors the interests of justice will be served by allowing the variance. 1. SUBSTANTIALITY OF THE VARIANCE REQUESTED Applicant requests a variance from 60,000 square feet to 24,139 square feet (the area of applicant's parcel). In other words, applicant requests a variance of 35,861 out of 60,000 square feet or 59.8%. The substantiality of the variance, however, is only on paper. Applicant does not propose to create a new and separate principal use on the subject property in addition to the existing gasoline filling station use. Rather, applicant proposes merely to substitute one accessory use -- a convenience store -- for the existing accessory uses to the existing gasoline station, which, as explained by Roderick Green at the November 29, 1990 hearing, include a vehicle repair facility, an express lubrication facility, and a car wash. It should also be noted that the magnitude of the requested variance is significantly less than the magnitude of variance granted in this Board's prior Appeal No. 3618 (Sukru Ilgin and Mine Peksen d/b/a Ocean Holding Corp.). That application, which was strikingly similar to the current application of Sun Refining, involved a request for variance from former §100-62 of the Town zoning code so that the applicant could operate a convenience store in addition to existing gasoline service station uses on Main Road in Laurel. The Ocean Holding Corp. parcel was only 11,984 square feet in area and adjacent to residential areas on the south. Former §100-62 of the zoning code required a minimum lot area of one acre for a "shopping center", and the Town had deemed Ocean Holding Corp.'s proposed combination gasoline station and convenience store to constitute a "shopping center." Thus, Ocean Holding Corp. requested a variance from one acre (43,560 square feet) to 11,984 square feet. In other requested a variance of 31,576 out of 43,560 This Board granted the variance requested. 2. words, the applicant square feet or 72.5%. THE EFFECT OF INCREASED POPULATION DENSITY FROM THE VARIANCE ON AVAILABLE GOVERNMENTAL FACILITIES Sun Refining's requested variance is not in connection with a residential use and will not result in any increase in population density. Nevertheless, it should be noted that the substitution of a convenience store accessory use for the pre-existing vehicle repair and maintenance accessory uses on the subject property will likely have a beneficial effect on the governmental facilities noted in the Wachsberqer case. The discontinuance of the vehicle repair use reduces the risk of fire associated with repair activities performed on motor vehicles, which contain flammable fuels and oils. The waste oils and greases from oil change and lubrication activities, as well as asbestos dust from brake work and other noxious and potentially hazardous substances, will be eliminated by discontinuance of the vehicle repair and maintenance facilities. In addition, the discontinuance of the existing car wash facility will reduce usage of community water supplies. 3. SUBSTANTIAL CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO ADJOINING PROPERTIES The neighborhood of the subject property, which lies on the north side of Main Road (Route 25) in Mattituck, New York, is zoned General Business and commercially developed. The adjoining property to the north and the east, in fact, is the Mattituck Plaza Shopping Center, which comprises 26 separate operating commercial establishments, including at least 20 retail stores. The establishment of a retail convenience store accessory to a pre-existing gasoline filling station, and the associated discontinuance of motor vehicle repair and maintenance facilities, will be consistent with the commercial retail character of the neighborhood and will have no detrimental effect on adjoining properties. 4. WHETHER THE DIFFICULTY CAN BE OBVIATED BY SOME FEASIBLE METHOD OTHER THAN A VARIANCE Sun Refining has no feasible alternative other than a variance. The size of the subject property (24,139 square feet) is what it is. Although the parcel, as explained at the November 29, 1990 hearing, was more than conforming at the time of its creation in 1969, when the minimum lot size requirement was only 7,500 square feet, the lot has been rendered non-conforming by subsequent revisions to the zoning code. There are, in addition, no vacant lands surrounding the subject property that could reasonably be acquired to enlarge the property to conform with the 60,000-square foot requirement. The only abutting properties -- on the north and east -- are fully developed as the Mattituck Plaza Shopping Center and provide necessary parking areas and aisleways for that complex. 5. THE INTERESTS OF JUSTICE The interests of justice will be served by allowing the variance requested. The applicant's difficulty has arisen by reason of the Town's increase of lot area requirements, thereby rendering the subject parcel non-conforming, without any fault of the applicant. The proposed variance will permit only the substitution of one accessory use -- a convenience store -- for another accessory use -- vehicle repair and maintenance. This substitution of accessory uses will involve no increase in building area, will have, as set forth above, an arguably beneficial effect on available governmental facilities such as fire and water, and will have no detrimental effect on adjoining commercial and business-zoned properties. Applicant respectfully requests that the variance be granted. Respectfully submitted, ESSEKS, HEFTER & ANGEL Attorneys for Sun Refining & Marketing Co. 108 East Main Street P. O. Box 279 Riverhead, New York 11901 (516) 369-1700 FOItM NO, 4 TOWN OF SOUTIIOLD BUILDING DEPAIITMENT Town Clerk's Office Southold, N. Y. Cerlificate Of Occupancy No. -39 1 ...... Date ............. August ,. 28 .., 19.70' Tills CERTIFIES that the building located at F~Ln, Rd .&, Faotor~r .AY ... Street Map No. ,:tx ........ Block No...XX ...... Lot No. ~ ..... Nattituck..~.Y. ...... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... 14a~r .... 1 ~.. ,, 19.65 pursuant to which Building Permit No. dated ....... Hay ..... 'l~ ....., 1969.' was issued, and conforms to all of the require. ments of the applicable provisions of the law, The occupancy for which this certificate is issued is .... Busl~loss. 25uilcling...Gasolirle. ~.e,rVSg.o..~ .t;.a.t.i.~l~....A. pp.r.o.v..o.d..b.~, The certificate is issued to . Sun .0~.~ .Co .......... O~mor. ........................... (owver, lessee or tenant) of the aforesaid building. S~ffolk County Department of Health Approval House ~ 99t~ Aug, 28. '$9?0 · .'by. a..Villa ....... Building Inspectlr CONSULT YOUR ~ER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD DE USED OY ~WyERS ONLY B~EEN ~'~ITUCK SHOPPING C~TER, INC., a.domestic corporation, doing business ag 504 Walt Whitman Road, ~unt~ngton Station, New York, ~id b~ ~e ~ o{ the s~n4 ~, fl~ h~eby ~t ~d rg~ ~m or succ~ors ~d ~i~s o[ ~e ~ o[ ~e ~ond pan ~ t~t ~n plot, pi~e or ~[~1 o[.~d~wlth the~u~d~ ~p~v~ and SCare of Ne~ York, ~re pa=r~eularty bounded and described a~ follows: s~de o~ Yaerory Avenue and the ~~ side of ~in Road~ Ne~ Yo~k Scare Rou~e 25; Running thence north 20 degrees 22 minutes 40 ~ee~s ~esr along the easterly side oi Factory Argue ~50 leer; R~n~g thence notch 48 degrees 57 m~nuCes 30 ~ee~ds ease t46 feer;R~ntng thence south ~ degrees 39 m~nures 45 seconds easr ~40.34 feeC co Che'~'~~s~de o~ ~n Road~ New York SCare Route 25~ Running rh~ee .S,ourh 48 degrees 57 m~nuCes 30 seconds ~esC atOng .'~'~ ~de of ~n Roa~'Ne~ York SCare Route25, a of 198 ~eeC Co the point or place o~ beg~nn~ This conveyance is made in the regular course of business actually conducted by the party of ghe first parc.. Subject to the restriction that no buildings, billboards, structures or any obstruction whatsoever shall be' erected or maintained on the adjoining property of seller within 2% feet from the north side of Main Road for a distance of 300 feet ~nd further Subject to the restriction that the adjoining property owned b~ seller will not be .used for or in con~ection with the operation of a gasoline or filling station for the sale of gasoline motor fuel for a period of ten years. TOGETHER with ~1 right. 6t1¢ and mt.~r~t, it ~.~¥, of m~ ~r ol 9e~k~. ~,jn ~ m ~y .~ ~ r~ abu~ ~e ahove-d~fi~ pr~s tc ~e c~tcr Im~ ~cr~t; A.~O~A~ ~ ~ ~ and ~1 ~e mmte ~d fi~h~ o{ ~e p~ o~ ~e first pa~ ~ ~d ~ ~d pr~; ~O ~VE- AND ~O HOLD ~e pr~ her;in ~t~ unto ~e ~ o~ th; s~d ~, ~e h~s or s~ md ~ ~{ · e ~y of ~e ~nd ~ torero. ' AND ~e ~ o~ ~e first ~ covm~m ~t the p~ of ~e fi~t ~ ~ not ~nc or su~ ~ whereby thc ~id pr~is~ ~vc ~en ~m~rcd in ~y way w~evcr, ~ccpt ~ afo~ ' thc first ~ wi~ r~cive th* comid~fion for ~is convolute ~a ~u ~ ~c ng~t ~ r~ve ~a- er~tion m a ~u~x {und to ~ appli~ first for ~e pu~e o{ pa~n~ ~e ~st o[ ~e ~pm~mt md ~1 a~ly the s~me first to tM ~ent of the cost ot the ~provement before u~in~ my ~ o~ the to~ of the ~ lot any other purpose. The word "party" shall be con~tmed a~ if it read "partie~" whenever the sense of this h~denturc ~ t~-qui~a. IN WITN,E~S W~IE.R,,£OF, the l~rty of the first part has duly exeented this deed the 4~y ~d year first ~b.w written. ! :" ./,:' (- STATE OF NEW YORIQ COUNT~ OF On the day of 19 , before me personally came to mc known to be the individual described in and who executed thc [orcgoing instrument, ~nd acknowledged that · '~cuted the s~na. STATs. OF [t,~V. YOBI~, COUNTY .OF(.~-~ ~'~' Onth. ~ ~YOl~ ~/~ 19~b'be{°rc me r~ly ~e TRO~S JA~S CASSEL~ . ~ - - ~ ~ bv mc duly sworn did depo~ ~o ~C$ngcon S~a~ton, ~e~ Yo~k ' o{ ~gtgucK ~noppxn~ center, ' ' * , ~c co~ration described "in sad whkh ~at~ t~ [or~oi~ instmm~t; t~t he knows thc ~ o~ ~id co~ration;.t~t thc s~l ~x~ to ~d i~tmmgnt is ~uch m~rate s~; t~t it w~ m' · ffix~ by ord~ oI thc ~4 oI dir~tors o[.~i~.,~r~,m- tion, and I~t~ aignrd hlSmmg thcrcto ny n~ ora~r. .7" WIT ~OVE~ANT AGAINST G~NTOR:S' A~.' V,~,~ No. 07-49595 , ['~"~' · .].. ,., ~ ,, ~ · ,... TO ST~D fO~ O~ NEW YO~ iOA~D Of TIIL~ UNDERWRIT~KS . Dist~buted by iTAT£ OF NEW YOR~, cOUNTY OF ~t On thc day of 19 , before me personally came to me known to be thc individual described in and who :xccuted thc foregoing instrument, and acknowledged that executed thc same. $TATE O~ N~W ~0~, COUNTY O~ ~$1 On thc day of 19 , before me personally came . - . , · t_.,...ment the ~ub~cr ~ing w~tness to the toregomg m..~ , with whom I m ~r~o~ly acquainted, who, ~ing by me duly ~wora, did d~e ~d say ~t he r~ide~ at No. t~t he ~ow~ · · .to ~ the individual de~crlbed in ~d who ex~uted the foregoin~ ~trument ~ t~t -he,.~id ~ub~riblng witness, w~ pre~ent and ~w e~ute the ~me; and t~t he, ~id witne~% 'at the hme time 9ub~ribed h' n~n~ ~ witn~ thereto. SECnON Home Title Division ~LOO: Chica~o 1,,I .. In:.urr:ru:e Coml~nnV LOT COUNTYmX:I'a~ Suffolk ~ d RECORDED ~ JUN 11 1969~ LE,STER M:ALBEkTSON Clerk of Suffolk County -JANE ANN R. KRATZ .JOHN ~vl. WAGNER ESSEKS, HEFTER & ANGEL P. O, Box RIVERHEAD, N.Y. 11901 P. O, Box 570 WATER MILL, N.Y. 11976 (516) 726-6633 ALAN D. OSHRIN November 6, 1990 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Ms. Linda Kowalski Re: Amended Application of Sun Refining and Marketing Co. for Variances/Interpretations Dear Ms. Kowalski: Pursuant to our telephone conversation, please place the above- referenced application on the agenda for the Board's November 29, 1990 meeting. I expect that my expert witness, who I mentioned at the first hearing on this matter, will be available to testify on that date. Thank you for your cooperation. Very truly yours, John M. Wagner JMW:pi WILLIAM W. ESSEKS MARCIA Z, HEFTER STEPHEN R. ANGEL ,JANE ANN R, KRATZ JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN ESSEK$, HefTER & ANGel COUNSELORS AT IAW P. O. Box 279 RIVERNEAD, N.Y. 11901 (516) 369-1700 TELEX EHCA6852318 UW WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (516) 726-6633 ALAN D, OSHRIN Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Ms. Linda Kowalski Re: October 16, 1990 Amended Application of Sun Refining and Marketing Co. for Variances/Interpretations of Town Code §100-102 Dear Ms. Kowalski: Enclosed please find the following for filing with your office: 1. Notice of Disapproval, dated October 2, 1990, from the Building Inspector; 2. Three copies of Amended Application; 3. Notice to Adjacent Property Owner form, signed and notarized on reverse, together with postmarked certified mail receipt; 4. Environmental Assessment Form; 5. ZBA Questionnaire; 6. Seven copies of Plot Plan; and 7. One copy of Miscellaneous Details & Elevations plan. I hope that we can now schedule this application for hearing on November 1, 1990. If you require any further information or submissions, please call. Very truly yours, John M. Wagner JMW:pi Encs. AMENDED APPLICATION ~TOWN OF SOUTHOLDo HEW YOIU~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. l, (We) Sun Refinin~ & Marketing Co. . Nome of Appellant Philadelphia, Pennsylvania Street and Number ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....S..u..n....R..e..f_i.n.i. ng and Marketing Co. Name of Applicant for permit of Box 13812, Philadelphia, PA Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Permit to convert the existing office and automotive repair facilities of its pre- ~ting gasoline station to an accessory convenience store and to add a canopy over the g, soline pumps. 1. LOCATION OF THE PROPERTY ....M_a..i..n...R.9..a..d....&....F..a. ctory Avenue, Mattituck/"B" General Business Street "2'1~'1~1'~ ~''9''''';:'' ""-' ....................................... District 1000 Section 142 Block 01 Lot 27 Lessee / use District on Zoning Map ................................................................................ Current ~MEI~ Sun Refining and Marketing Co. Mop No. Lot No. Prior Owner 2. PROVISION (Si OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article x Section 100-102 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) 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. 16 Sec. 280A Subsection 3 Interpretations of the Zoning Code 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with rasp. eot to this property. Such appeal was (x) request for a special permit ( x ) request for a variance and was mode in Appeal No. 3788 - 9/1/88 ................................ Dated ................ and in A eal No. 3789 Dated: 10/5/88 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance Article X, Secl:ion 100-102 ix) An Interpretation of Zoning Code Article X, Section 100-102 is requested for the reason that Applicant seeks to convert the office and automotive repair facilities for its pre-existing gasoline service station to an accessory convenience store facility and to add a canopy over the gasoline pumps. F~rm (Continue on other side) RE~SONI FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because See annexed Schedule A 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because See annexed Schedule A 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because See annexed Schedule A ) ss COUNTY OFSUFFOLK ) ' ' ..... · .................................. John M. Wagne:~egnature ..... /.~P..!.? Attorney for Applicant 5worm to this ................................ doy of October. . 90 Notary Public PATRICtA IREtJ~ND N~ery Pub'.lc, State of New York No. 6,8 4 2.5 7~. Qualified in Suffolk County Commission Expires Dec. 3:~ SCHEDULE A The subject property is improved with an existing standard gasoline service station, providing both gasoline sales and motor vehicle repair and maintenance services. Applicant proposes to convert the existing office and repair facility into a convenience store, accessory the gasoline sales to be continued on the site. Applicant also motor vehicle to to install a canopy over the gasoline pumps and to make other improvements to the site, as required by the Board in the course of site plan review of applicant's proposes certain Planning proposal. (See plot plan submitted with this application) The Building Inspector has considered applicant's proposal and issued a Notice of Disapproval, dated October 2, 1990. As a consequence of this Notice of Disapproval, applicant requests the following relief: 1. An interpretation of Town Code §100-102 (bulk, area and parking requirements) to the effect that the minimum area requirement for applicant's proposed use of the site is 30,000 square feet because applicant proposes to use the site for only one use -- as a gasoline station with accessory convenience store. 2. A variance of the minimum area requirement of Town Code ~100-102 from 30,000 square feet to 24,139 square feet. 3. A variance of Town Code 2100-102 to permit front yards of 29 feet from Main Road and approximately 29 feet from Factory Avenue. 4. An interpretation that the proposed canopy complies with the height restrictions of the Zoning Code. The subject property is a singly and separately owned lot, improved with an existing gasoline and motor vehicle service station, that has been rendered non-conforming by the area restrictions contained in the zoning code. Improvement of the property is uniquely and severely restricted by the property's location at the corner of Main Road and Factory Avenue. This location makes the property a corner lot and thus requires two front yards on the property. The requirement of two front yards on the subject property, which is non-conforming as to area, imposes practical difficulties on the property. Applicant proposes to change the use of the pre-existing building on the subject property to a retail store use that is permitted in the "B" district and is consistent with adjoining shopping center uses. The proposed canopy to be located over the gas pumps, which will be a height of 17 feet above the level of the gasoline pump mats, is a necessary part of the improved fire suppression system for the gasoline pump area. The canopy thus enhances the safety of customers using the gasoline facilities and is, therefore, consistent with the spirit of the zoning code. PECONIC MOBIL SALES The following information is provided to show the relationship between sales of petroleum products and sales in the convenience store on two typical days at the Peconic Mobil Station operated by Tartan Oil Corp. Feb. 16, 1988 Store: $ 240.00 Gas: $2,280.00 Feb. 17, 1988 Store: $ 277.00 Gas: $2,161.00 From these sales figures it is clear that the convenience store sales are clearly incidental to the principal use of the property as a gasoline station and do not approach the status of a principal or separate use Moore & Moore Tartan Oil Corp./ Mattituck Southold Town Zoning Board of Appeals FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . .'.'~?..u../..~..'~ 1..-N-. ......... ' ............ · .1. ~.&,,~_~...t..~.,..~.~...~.~ .~.~..i PLEASE TAKE NOTICE that your application dated ......'~ 9~ . .~!.~... .... 19 ~.~.. for permit to ~...~..~...~..~ ............................ at Location of Property .~,~.~.~.~. ~.~~..~, ~- Hou~ No. Street* ............H~,~t County ~x mp So. ~000 S~tion ... ~.~. ..... mo~ .... m ~ ....... Lot . ~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds...~..~..t~..~.. ~..~,~3.~. .... ....... i ......... ~' ......................... ~-'i .... v . ..... :~' ~_'1',~,., /o-.o-/oa.T'~0t~,.,.~,..to._x.. - o.:,=t-:~ .,,.,=,...,...~ "3.', · ~. ...................... .-w.-~..-r~ .,.. ~...~'~-n-*'~'~. ~.. ~ ~.0t~ .'~'~... n-(..'rg-..,,a/~"~....~.~l~..~. ~,~. ~,...~.....x~......,;:,,~...~...'.,h,.,,..~.~. ~. ,..~, --'x .... .... Bui~/~ing Inspector RV 1/80 I.~ PROJECT I.D. NUMBER 617 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONs Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) Sun Refining & Marketing Co. 2. PROJECT NAME . S. PROJECT LOCATION: ~uEnoco Station Muntcfbalit¥ Town of Southold Cou,~ Suffolk Northeast corner of intersection of Main Road and Factory Avenue, Mattituck, New York. SEQR $. IS PROPOSED ACTION: ~ [] Ne....______w [] Exoa.$1ofl ~] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: ~ (a) Conversion of pre-existing office and motor vehicle service facilities into convenience store, accessory to gasoline station to continue on site. (b) Placement of canopy over gas. pumps. ?. AMOUNT OF LAND AFFECTED: ~ ~ Iniliall¥ O. 7 0.7 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RES~'RICTIONS? [--] Yes [] NO If NO. describe briefly Setback variances required for canopy; area variance required for site. WHAT IS PRESENT LANe USE IN VICINITY OF PROJECT? [] Residential E] lnaustrial ?,~] Commercial [] Agi'icult ute [~] Park/FofestlOpen Space [] Other 10. DOES ACTION INVOLVE A PERMIT A~"PROVAL, OR FUNDIN~LY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl.. STATE OR LOCAL)? [] Yes [] NO If yes, Iisi agency, s) and permiUappr~ovals Town Planning Board -- site p±an approva± NYS Dept. of Transportation -- curb cut permit 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALI"~O PERMIT OR APPROVAL? Building Dept. -- Certificate o~ Occupancy 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICAr ON~ [~ Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY K~NOWLEDGE ApDlicant/$pOnsof name: Sun. Refining & Marketing Co. Oate: 10/16/90 · --"--'' ,, -~ ~.,uas[al Area, and you are a state agency, complete the ~sment Form ':ea;oUr%dprY~cUe~rde. m% %att~ lah?senT]~e~%Pelne~e the~ OVER ~ 1 (Continued on reverse side) The N.Y.S. EnvirOnmental Quality Review Ac . of this form, and an env' nmen . . t requlres submission zro tal revzew wlll bQ made by this board before any action is taken. SRORT ENVIRONMENTAL__ASSEs. SMENT FORM ~NSTRUCTIONS~ (a) In--order bo answer the questions in this short E~ 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) En~vironmental Assessmene 1. Will project result in a large physical change to the project Site or physically alter more than 10 acres of land? ~Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? 3. WIll project alter or have a large effect on ~Yes XNo a~ existing body of water? X 4. Will project have a potentially large, impact on ~Yes ___NO groundwater quality? X Yes No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes X No 6. Will project affect any threatened or endangered plant or animal species? ... Yes X NO 7. Will project result in a major adverse effect on-' air quality? ___Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X --_ .__No 9. Will project adversely imgact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envirc~mental area by a local agency? __._Yes X No 10. Will project have a m~jor effect On existing Or future recreational opportunities? X ~Yes ___No 11. Will project result in major traffic problems or CaUSe a major effect to existing transportation · systems? X 12. Will project regularly caUSee~~ ~_Yes ___NO nO~se, glare, vlbratlon, or d turb- ance as a result of the project,s operation? ~Yes X No 13. Will project have any impact on public health or Safety? ~Yes X No 14. Will pro~ect affect the existisg community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ~Yes X~NO period or have a major negative effect on the charact~ of the co~muaity or neighborhoo~? 15. ~ ~here Publ$c contrOVersy cohcernin~ the ~ro]ect? Preparer,$ $i~nature: ~m ~Yes ~NO Representing: Sun Refinin~ & Marketin~ Co. ZSA ~/75 - _ Date: 10/16/90 QUESTIONNAIRE TO BE CO:'XPLETED AND SUBMITTZD ~'~TI[ YOUR APPLICATION FO~-IS TO TIIE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which contmin wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cpncrete ~ 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground--i~-~l? State total: ' ' <18 ft. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~17 State total: ..... ~35 .... ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: · - Yes Yes ~ Yes Yes ~ Yes Yes ~ Yes ~ 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board site plan review ~ ~ NO Town Board Yes Town Trustees Yes County Health Department Village of Greenport Yes N.Y.S.D.E.C. Yes Other N.Y.S. DOT (curb cut permit) ~ NO 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~ - If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an '' inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ 13. Please list present use or Operations conducted upon the subject property at this time gasoline service station and proposed ~asoline station and . '~ - accessory convenle, nce store Please submit photographs Cor the record. I certify that the above statements are true and are be~~e~? reliance by the Board of Appeals in considering my appl~o~-2-.-"'"----"~":~i!ll ~ uure · .,~~~ .... ~=~ ~YO~'=~) (Authorized Agent) 1/88 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM 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: Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr., Chairman~'$ RE: Appeal for Sun Oil, Route 25, Mattituck SCTM#1000-142-1-27 DATE: September 24, 1990 The Planning Board is not favor of granting this variance for the following reasons. The addition of an accessory retail use bears no clear relationship to the gas station use. Should a Special Exception use such as a gas station be allowed to have non-automotive retail accessory uses? Should the Town encourage the mixing of these two disparate uses on one site? One of the reasons why most zoning codes have placed specific restrictions on gasoline stations is the potentially hazardous nature of the use. It doesn't make sense to encourage people to congregate at a hazardous site. If the proposed accessory use is allowed, where does one draw the line with regard to the nature of permitted retail uses? For instance, would a florist shop be an acceptable retail use? Or perhaps a video rental store? Will allowing the proposed retail use open the door to expanding that retail use beyond that specific use requested? If the newspaper, pre-prepared fast-food and cigarette business doesn't do well, but the video rental business does, how does one control the change from this type of retail to the other? Finally, it is useful to reverse the question. If a retail shopping center, whether large or small, asked for permission to open a gas station as an accessory use, would you consider the request for the second use as a strictly accessory use? Page 2 Sun Oil Although the Zoning Board has granted three other requests like this and two of them are in existence, this Board sees no reason to continue granting these requests - they are contrary to the public safety and are out of step with the spirit of our zoning code. PLANNING BOARD MEMBERS Bennett Orlowski, ,Ir., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: RE: Bennett Orlowski, Jr., Chairman ~'~/c Proposed Site Plan for Sun Oil Refining and Marketing Mattituck SCTM# 1000-142-1-27 DATE: August 6, 1990 The Planning Board has reviewed the proposed site plan for the Sunoco Gas Station and Convenience Store at the northeast corner of State Route 25 and Factory Avenue. The Board is not in favor of the proposal to add a convenience store as an accessory use to the gas station. However, if your Board should see fit to grant permission for this use, the enclosed site plan meets with our requirements. Also, pursuant to the State Code, the following equipment and procedures must be in installed and implemented: Suppression systems must be installed in the canopy over the pumps. Automatic shut off valves must be installed at base of gas pumps. An attendant must be in attendance at all times and have access to a shut off valve that controls all pumps. Ail nozzles must have "hold down" straps removed. Signs must be placed in prominent places indicating, "No Smoking," No Unauthorized Gas Cans." The attendant must have a clear field of vision from his/her position to the pumps. There must be a fire extinguisher at each island. cc: John M. Wagner, Esseks, Hefter & Angel Encl. JAMES A. KUZLOSKI REGIONAL DIRECTOR Town of Southold Plann~ Department Town Hall/Main Road Southold,N.Y. 11971 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. 11788 FRANKLIN 1~. WHITE COMMISSIONER September 6,1990 Gentlemen: Re: Sunoco Service Station Rt. 25 @ Factory Ave., Mattituck Our Case No. 89-361 The necessary site plans have been submitted and reviewed by this office, and have been deemed acceptable. Inasmuch as the above noted project is on a state highway and the applicant has been satisfactorily bonded to the State of New York, a HighwayWork Permit will be issued shortly. We,therefor,have n~ objection to the issuance by the Town of a Building Permit for thie else. We t~s~k you for your continued cooperation. V~'~ truly yours, For: T.C. Hoffman Regional Traffic Engineer V.F. Lena Regional Permit Engineer AN EQUAL OPPORTUNITY/AFFIRMATIVE ACT/ON EMPLOYER PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairm~ George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: RE: Bennett Orlowski, Jr., Chairman ~%~./t ~-'~/~:~/~ Proposed Site Plan for Sun Oil Refining and Marketing Mattituck SCTM# 1000-142-1-27 DATE: August 6, 1990 The Planning Board has reviewed the proposed site plan for the Sunoco Gas Station and Convenience Store at the northeast corner of State Route 25 and Factory Avenue. The Board is not in favor of the proposal to add a convenience store as an accessory use to the gas station. However, if your Board should see fit to grant permission for this use, the enclosed site plan meets with our requirements. Also, pursuant to the State Code, the following equipment and procedures must be in installed and implemented: Suppression systems must be installed in the canopy over the pumps. Automatic shut off valves must be installed at base of gas pumps. An attendant must be in attendance at all times and have access to a shut off valve that controls all pumps. - Ail nozzles must have "hold down" straps removed. Signs must be placed in prominent places indicating, "No Smoking," No Unauthorized Gas Cans." The attendant must have a clear field of vision from his/her position to the pumps. - There must be a fire extinguisher at each island. cc: John M. Wagner, Esseks, Hefter & Angel Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 June 18, 1990 John Wagner Esseks, Hefter and Angel 108 East Main Street P.O. Box 279 Riverhead, New York 11901 Proposed Amendment to Site Sun Oil Refining and Marketing Co., Mattituck SCTM#1000-142-1-27 Dear Mr. Wagner: The Planning Board has reviewed the June 8, 1990 submission. The Board requests the following changes (refer to enclosed map for illustration): A total of four (4) street trees on Main Road, two (2) on Factory Avenue and three [3) on the east side of the property must be provided. Street trees must be forty (40) feet on center on Main Road and the east side of the property. Trees on Factory Avenue must be placed as indicated on the enclosed map. The landscaped area north of the new curb cut on Factory Avenue must be expanded as shown on the enclosed map. Parking at the northwest side of the site must be relocated to the east side near the fuel storage tanks. The dumpster and the handicapped parking space are located in the same area. The handicapped space must be relocated to the east side of the food market. A reverse image of the store with the door on the east side would facilitate handicapped entrance to the building. Page 2 Sun oil Refining The landscaped area at the corner of Route 25 and Factory Avenue must be extended to the south side of the curb cut on Factory Avenue. The public phone booth near the street should be relocated so that it is adjacent to the building. Outdoor lighting details must be shown, including height of pole and sketch of lighting fixture. 8. Existing shrubs must be identified as to type. Ail of the above requested changes are indicated in red on the enclosed map. If you have any questions or require further assistance please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 31, 1989 Arthur DiPietro McNulty,DiPietro & Spiess Attorneys & Counselors at Law 633 East Main Street P.O. Box 757 Riverhead, NY 11901 RE: Sun Refining and Marketing Site Plan,Mattituck, SC~{~ 1000-142-1-27 Dear Mr. DiPietro: The Planning Board has reviewed the above mentioned site plan. The following changes must be made before the Planning Board can proceed: 1. Parking calculations must be shown on the map. Sign drawings are required. Sign sizes shown on the ]nap are excessive. One smaller sign is recommended. Orientation of gas pumps should be East West instead of North South in order to facilitate the flow of traffic from Main Road and Factory Avenue. Lighting plan, including canopy, is required. Ail lighting is to be directed downward. A thirty five (35) foot front yard setback between the street and the top portion of the canopy is required. Street trees 40' apart are required around the perimeter except in the area of Factory Avenue and Main Street where a clear zone is recommended. Shrubs not to exceed three feet in height must be used in this area. One access along Main Road twenty five feet wide and located to the east side of the property is required. Access on Factory Avenue should be twenty five feet wide with greatest separation as possible between intersection and curb cut. A clear zone at the intersection of Factory Avenue and Main Road should be maintained. A minimum of fifty feet along Factory Avenue and seventy five feet along Main Road is required. 10. Ail underground steel tanks must be removed in accordance with Health Department requirements. Upon receipt of the revised maps showing the requested changes, the Planning Board will proceed with its review. BENNETT ORLOWSKI, JR. CHAIRMAN rgk cc: Gerard Goehinger, Zoning Board of Appeals Victor Lessard, Building Department Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CONDITIONAL NEGATIVE DECLAP~TION DATE: August 14, 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board~ as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION: Site Plan of Sunoi! and Refining located on the corner of Factory Avenue and Main Road at Mattituck. SCTM 31000-142-1-27. DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to convert a pre-existing "standard" service/repair facility into "gas and go"/convenience store facility. CONDITION This conditional negative declaration is declared by the Planning Board for this unlisted action with the provision that the following recommendations made as a result OF THE Planning Board's review of the Dunne Traffic Impact Study are addressed satisfactorily by the applicant. REASONS SUPPORTING THIS DETERMINATION: The project has been determ...ined not to have a significant effect on the environment for the following reasons: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Planning Board has requested the following site plan revisions: One access along Main Road twenty five feet wide and located to the east side of the property. Access on Factory Avenue should be twenty five feet wide with greatest seperation as possible between intersection and curb cut. A clear zone at the intersection of Factory Avenue and Main Road should be maintained. A minimum of fifty feet along Factory Avenue and seventy five feet along Main Road is desirable. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board Town Hall, 5)095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 20,1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: Sunoil Refininq SCTM #1000-142-1-27 Applicant proposes to convert a pre-existin, "standard" service/repair facility into and q~"/convenience store facility. S~EQRA Classification: [ ] Type I ~XX] Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Wikhin thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments- The applicant is before the Zoninq Board of Appeals for permission to to add a convenient store to the existinq qasoline service station. Please feel free to contact this office for further information. CC: _~oard of Appeals/ _~-~uilding Department £authc-td .....  ffolk County Dept. SDEC- Stony Brook Sincerely, of Health Services * Maps are enclosed for your review _ Coordinating agencies Planning Board Page 3 June 19, 1989 Mohring Enterprises- Board to review the engineer report dated June 5, 1989. This minor subdivision is on 34.5765 acres located at Mattituck. SCTM ~1000-75-6-7. Long Meadow Estates- Board to review the engineer report dated April 28, 1989. This major subdivision is on 36.9636 acres located at Mattituck. SCTM #1000-113-7-19.2. Long Pond Estates, Section I- Board to review the engineer report dated June 12, 1989. This major subdivision is located at Southold. SCTM 91000-52-8-(1-4). Elijah's Lane, Sect. II- Board to make a recommendation to the Town Board in regard to the Bond Estimate. Board to set Monday, July 10, 1989 at 7:30 p.m. for a public hearing on the final maps dated March 21, 1987. This major subdivision is on 20.3 acres located at Mattituck~ SCTM 91000-108-4-p/o 7.1. Sean M. Delehanty- Board to review the Suffolk County Planning Commission report dated June 9, 1989. Board to start the coordination process to determine lead agency and environmental significance. This lot line change is on 2.74 acres located at Mattituck. SCTM .~1000-107-1-13 & 14. Garrick L. Mallery- Board to review the Suffolk County Planning Commission report dated June 12, 1989. This lot line change is on 2.9 acres located at Nassau Point. SCTM 91000-118-1-16,17,18.1. Barbara Sowinski- Board to review the Suffolk County Planning Commission report dated June 9, 1989. This minor subdivision is on 4.3075 acres located at Cutchogue. SCTM 91000-103-1-20.2. CHANGE OF ZONE None S I T____~E PLAN__S ~ /~Sunoil Refining- Board to start the coordination process to \ Southold MAIN ROAD- STATE ROAD Town Board of Appeals SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H, SAWICKI JAMES DiNIZI0, JR. October 26, 1988 Michael G. Walsh, Esq. McNulty, DiPietro & Spiess 633 East Main Street, Box 757 Riverhead, NY 11901 Re: Appl. No. 3788V & 3789SE Sun Refining & Marketing Property Location: Factory Ave. and N/s Main Road, Mattituck Dear Mr. Walsh: This letter will acknowledge receipt of your recent appli- cations before the Board of Appeals. The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling these applications for public hearings. In the interim, we recommend that you complete your file with the Planning Board, whom we have recommended to be lead agency under the N.Y.S. Environmental Quality Review Act, and furnish our office with future submissions for departmental coordination. Yours very truly, GERARD P. CHAIRMAN GOEHRINGER lk cc: Planning Board Office Southold MAIN Ri-lAD- C=TATE ROAD Town Board of Appeals SOUTHOLD, L.I., N,Y. ll~J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Southold Town Planning Board Southold Town Board of Appeals October 26, 1988 Site-Plan Project of Sun Refining & Marketing Property ID #1000-142-1-27 Zone District: B-1 General Business Upon reviewing the above applications which were recently filed with our office, please be advised that the Board of Appeals has taken the following position under the N.Y.S. Environmental Quality Review Act (SEQRA): 1. Application must be filed with the Southold Town Planning Board; 2. Recommend that the Planning Board take Lead Agency status for the following reasons: a. the site plan elements and physical construction of or site alterations will be changes directly to the site; [he "occupancy" application is of the site. under consideration in not directly related to this Department's physical changes Suggest that determinations be made by the Planning Board as to the sufficiency of parking spaces for the multiple uses existing at the site, after allowing for egress, ingress, loading, ramps, trailer lift parking, landscaping, etc., if possible, in either a preliminary review or during the certification process. Southold Town Planning Board October 26, 1988 Site-Plan Project of Sun Refining & Marketing Page 2 The applicant has been advised to proceed with the filing of a complete application through your office and to keep us informed of submissions under the SEQRA and site-plan reviews. Please keep us advised of developments under the SEQRA process for coordinated reviews. Thank you. MICHAEL G. WAISH McNULTY, DIPIETRO ~ SPIESS ^TTORN=¥S ~ COU.S=LORS ^T LaW September 30, 1988 Zoning Board of Appeals Southold Town Hall Southold, New York 11971 Att: Mrs. Kawolski Re: Application of Sun Refining and Marketing Factory Avenue and Main Road, Southold Dear Mrs. Kawolski: Please find enclosed Application for a Variance from the requirements of the Southold Town Code as it applies to gas and go/convenience store facilities. You will note that the application asks for a variance to Southold Town Code Section 100-62(B) and in the alternative and interpretation of Southold Town Code Section 100-70(B) and 100-70(C). Also please find enclosed the required fee of $150.00 for this application. If you have any questions concerning this matter, please don't hesitate to phone. MGW/lat Enclosures Very truly yours,f? MIlL G. WALSH \ of Pro~fly: South Side of Park - % ] (fl~-;e) of less ~ ~ ~  A~,~ ~ ~ ' 1~ f~h~ R~ ~ ~ ~ N~ 1~1~4~ ~fim ~ ~: ~e View 7:50 p.m. A~I. ~o. 3971 ~. Avuue (127~ feet sou~wect ~ V~ ~ ~ ~ ~ Hu~S~ B~eva~, a ~ ~ ~1. ~ ~- ' J:35 p.m. A~i. ~o. ~975 ~' si~ to ~nstm~ new dwellins ~ ~ ~:"'AR~ O. CAR~ON. : N~ ~ * ~ '~ ~; ~ty T~ ~ Pa~ N~ ohi~8 n~or sales for off* ~m~~ ' 7:55 p.m. Appi. No. 3976 --?: ~: Agfi~to~-~an~nti~ ~oM, ~e foH~ ~ge ~ ~ TA~ S~ ~c~ M~ ~OP~ ma ~ 1~31~ f~ 7:40 p.m. Appl. No. 3980 -- VIRGI~IIA OLGA LEE. Varinnee to the Zoning Ordinance. At,cie XXIV, Section 100-244B for ap- proval o~ d~Jt nddino~ to dv~,lling with on insufficient sideyard set~ back and ~duced front yard sct- bacL L~I ni~a is uoucoafotmln8 in 'Properly: 1458 Ceda~ Beach Rc4d F.~st. Sco'hoJd, NY; County Tax Map Pan:~l N~ 1000-92-1-4. 7:45 p.m. Al)pl. No. 3978 -- DONALD & DOROTHY SWAHN. Vamnces to the Ze~ing .O~ce. Aflicle I~, Section 100-32 sad Ar- tide XXm, Section 100-239 for Regular Mectin8, ~t the Sonthold m construct off-~i~isea grcond Town Hall, Main P. old, Sontbold, sipl to mlvefllse for business put- NY 11971, on THURSDAY, ! poses, t,~cation of Properly fo~ NOVEMBER 1, 1990, et the Sisn:~-q~3~astou~ero~Shipyanl ' ?:30 p.m~ Appl. No. 3969 -- cf~CQunt~Tax Mappafl~elN~ ~ BURKHAR~. Variance ' 1000-38-1-1.2. to ~e Z~ing Ordlnam~ Anicin I~ / 8:00 p.m. Appl. No. 3 Soctin~ 100-32 for mission to P~tkOL STATION LTD. Vadance constmnt two-font ext~nsico of to the Zoning Ordlnanoo, Article garage madmi to d~411ng wi'h an V~, ~cficn 100-72 for in~l~nt f~m yml sctl~k. Zmo proposed Lot ~4 whim will have 370 UId 12ne~ Orient, NY; Orient- Offic~ (Re) Zcoe Dimicc Locatbx By-The-Sea Subdivision Lnt No. ~ ~ Noflh Side 167. Section Three, Map 6160; Rend (265~- feet west of Alvab's 7:35 p.m. AppL No. 3974 -- bhp PircelNo~ 1000-109-1-23. DONALDIr OSA~(fo~G1K)RGE ,' ~.8:05 p.m. AppL BRUDERMANN JR.. Owner). ~ Btsrt x' ~ IILA. ~ 100-3(h.3 for , tiou 100-53B(4) for penmsuon to ~.ral of m-sapa~ into two incm ~ot~ (garage) bufldiM - rate deed conveyances, anch lot wi'h a mbck at less than the ra- hvin8 insufficient am and pro- : qui~d 20 feet fr~n the southerly . [-~...4 caust~u~tlou to me~ft idbech prol~ line. The lot ar~a of this ~ requi~menu for this R-40 ~one _ .~'~ pared is nmconfonnin8 at 40.000 ~.'Distrint. Location of Property: -'/- ~ sq. fL in this R-gO Zone District. .-North Si,b of Bay~ew Rood and · -. Loc~i~u of Prepay: 2IN; 'Albe~- ,he West Side of Reydon Drive, -~, -~%. son l. Jne. Anham~naqco. G~eon- Ecu'hold, NY; County Tax Map · .pofl. NY: County Tax Map Parcel ;'.--'-NQ~. 1000-79-5-10 and 11. No. 8:15 p.m. Appl. No. 3979 -- Sectiou 100-33 for ~.y,,~al ~ l~- tion of two accesso~ (storage) ' bu[Idlnss in the frcm yard, u exist The Int ~ of this parcel is non- confmmln8 in this R-80 Zoue Dis- Tan Map '8:25 p.m. AppI. No. 3968 -- IRENE R. N~IJ.I~. Varlaflce to,he Zoning Ordinanon. Article XTTA. ~ Section 100-30A.3. and Article _ mission to locate proposed dwelling ~ of insufficimt lot are~ and ,'., muctu~ with a mbtch ~ less ~han width (frontage) of two proposed ': 100 feet from die top e~ the highest parcels, each with an exlstln8 ,, point (top of bluf~ on this 42,930 dwdling, in this pendin~ division of sq. ft. parcel. The parcel in question ~ Z~ne Die, ct: R-40. Locate. is nonconfonninf as to ]at ,wid~ Locadco of Prope~y: 1575 '[t ~ ~hp Parc,l Nc*. 1000-69-5, ~./ 13.2. - ;. '' 9.'00 p.m. AI~ No. MINICK SBLENDIDO.& A. AUR[CCHIO. 9:10 p.m. AppL No. 3938 -- ~ LAOE MARINE. Tho Bonni of Appeals m31 at said scm or ,~ntatlves desitin8 to m~. W~ten cenunmu may alon I~ the subject he~ing. Each hearing ted. Additional time for your prc- mi. For mom information, please call 765-1809. . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRINGER STATE OF NEW YORK} ' )SS: COUNTY OF SUFFOLK) Christina Volinski said County, being duly sworn, say: Clerk o! THE SUFFOLK TIMES, published at Mattituck, in the TowJ Suffolk and State of New Yorl~ and the annexed Is a printed copy! has b~ said Newspaper once each we suocessiveJy, commencing on ti October 19 90 'NOTICE OF HEARII~GS NOTICE IS HEREBy GIV- EN. pursuant to Section 26? of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: ?:30 p.m. Appl. No. 3969- ANDREW BURKARD. Variance to the Zoning Or- dinance, Article III, Section 100-32 for permission to con- struct two-foot extension of garage attached to dwelling with an' insufficient front yard set- ~back. Zone District: R-40. Loca- tion of Property: 3'70 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivisoin Lot No. 167, Sec~. tion Three, Map 6160; 1000-1~'~ 5-24.13. 7:35 p.m. Appl. No 3974- DONALD L., OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and proposed construction to meet setback requirements for th s RiO Zone District. Location of Property: North side of Bayview Road and the West side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980- VIRGINIA OLGA LEE. Variance to the ~ing Or- dinance, Article ~Section 100-244B for approval of deck.,, addition to dwelling with an in sufficent sideyard setback and reduced front yard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. App]. No. 3978- DONALD & DOROTHY SWAHN. Variances to the Zon- ing Ordinance, Article III, Sec- tion 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: RIO. Location of Property: South side of Park Avenue, Mattituck, NY; County 'lhx Map Parcel No. 1000-123-8-8. 7:50 p.m. Appl. No. 3971~ VALERIE M. KRAMER~ Variance to the Zoning Or- dinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easteriy (front) proper- ty line along Manhanset Avenue` LOt area of parcel is nonconfor- ming in this RIO Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976- THOMAS AND MARIAN SANTACROCE. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off- premises ground sign to adver- tise for business purposes. Loca- tion of Property for Sigd? Southeast corner of Shipyard Lane and the Main Road. East Marion, NY; County Tax Map Parcel No. 1000-38-I-1.2 8:00 p.m. Appl. No. 3972- PETROL STATION LTD. Variance to the Zoning Or- dinance, Article VII, Section 100-72 for approval of propos- ed Lot No. 4 which will have in- sufficient area in this Residential-Office (RO) Zone District. Location of Property: North side of the Main Road (265+ feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. I000-109- , 1-23. 8:05 p.m. Appl. No. 3977- BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for per- mission to locate accessory (garage) building partly in th~e~,~ side yard and rear yard with I/ setback at less than the required 20 feet from the southerly pro- perry line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Ar- shamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979- THOMAS J. GORMAN. Var- iances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two ac- cessory (storage) buildings in the front yard, as exist. The lot area of this panel is nonconforming in this R-80 Zone District. Loca- tion of Property: 18 Crescent Drive, Matfituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 396~-cu IRENE R. MILLER. Varianc~ to the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3, and Article XXIII, Section I00- 239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42;930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127:1: feet southwest of Hun- tington Boulevard, a private road), Southold, NY; County Tax Map Parcel No, 1000-68- 3-10. 8:35 p.m. Appl. NO. 3975- ARTHUR G. CARLSON. In- terpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved~ by the Building Inspector) approval of raariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off- premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. /"--8:45 p.m. Appl. No. 3788,'~ SUN REFINING & MARKET-~ lNG. Variance to the Zoning 0~' dinance, Article X, Section 1 .00~,102: (1) for permission to .establish convenience store use in conjunction with and ac- cessory to the existing gasoline rcetiOn use on this substandard I which contains less than 30,000 sq. ft. in lot area for each use, and (2) for ~teepretation as to height limitation of accessory (canopy) structure. Location of Property: Corner of the Easter- ly side of Factory Avenue and Northerly side of the Main Road, Mattituck, NY; ~4Z-1-27. ters Recessed fr0'm ' September 26, .1990: :00 p.m. Appl., No. 3955- DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. NO. .3938- VILLAGE MARINE. ,, The Board of Appeals WIll a~t~ said time and plnce hear any ana all per$om or representatives desiring to be heard in each of · the above matters. Written com- ment~ may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER . ·': . ~ CHAIRMAN By:. Linda Kowalski . "~:~' ', ~X.10/25/90(2) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... / .... weeks on ~ ~ successively, commencing the ...................... day of ..... ~ ...... 1 9 .~.~... Sworn to before me this .......... ~.?..=~'. ..... day of ......... ..... Notary Public P,$'~'~7~. A. ~"HNElO~ ~ualif~d i. Sufl~k ~ ~ Commi~n Expi~ ~/a ~/?~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. xours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Cha'unnan Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 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. 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & $) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin) ~,8~n M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southotd 11971 ~CE OF HEARINGS ~e_'_~ OT I C E IS HEREBY ~OIVEN, pursuant to Section · ~7 of the Town Law and the ~ Code of the Town of Southold, ~ the foHowin8 hearings will be held by the SOUTHOLD ' TOWN BOARD OF APPEALS at a Regular Meeting, at. the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. ~ppl. No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985-- HERBERT AND CATHER- INE LINDTVEIT. Variances to · the Zoning Ordinance, Article · ,XXVIII, Section 100-239.4B and Article XXIV, Section 100-244B for proposed one- 'story and second-story additions with two-foot over-hangs (can- tilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming side yards, and the lot area and width are also noncon- forming in this R-40 Zone Dis- trict. Location of Property: 625 Windy Point Lane (Private Road //12), Southold, NY; County Tax Map Parcel 1000-87-4-7. 7:40 p.m. Appl. No. 3986-- BARRY AND BEVERLY LEHR. Variance to the Zonin Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building ; ,.located in an area other than the required rear yard and located within 75 feet along Goose Creek (a/k/a West Creek). Lot is nonconforming as Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) (as exists) along the Main Road of proposed Lot//3 and for approval of insufficient lot depth of proposed Lot ,~t2, in this pending minor subdivision, and for approval of access ac- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Conservation. Location of Property: North Side of Main-. Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8:05 p.m. Appl. No. 3977-- BETTY J. COPIN. Continued from November 1, 1990. ~' ~'8:15 p.m. Appl. No. 3788-- SUN REFINING & MARKET- lNG. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to es- tablish 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; (2) for inter- pretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- to lot area and width in this R-40 tion. Location of Property: Cor- ZO ....... ~ ncr of the Easterly Side of Fac- herr,,' 15 Sun Lane Southold' ~ tory Avenue and Northerly Stde ". ~'. . 7' .... ' l [ of the Main Road, Mattituck, Subdtvtslon .... of "West \ ~ NY; County Tax Map Parcel ID the map \J 142 I 27 Creek Development" filed July t'~ No. 1000- - - . F'I I ' 8:30 p.m. Appl. No. 3983-- 6, 1937 as County i e No. 236. JANET MALONEY. Variance County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. AppL No. 3988-- ANTONIO VANGL Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4, for permission to construct garage addttton wtth a setback of less than 100 feet from the top of the bluff along the Long to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay, Lot is nonconform- ing as to lot area in this R40 Zone District. Location of Pro- perty: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY: County Tax Map Parcel ID No. 1000-90-1-25; Ced~ Beach Park LOt No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Article 111, Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, as exists. Build- ing as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and depth. Location of Property.' Comer of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- 3-2.1. 8:45 p.m. Appl. No. 3973-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIlI, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section 100-244B for permission to locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- quired 75 feet from the bulk- head, (b) at less than the re- quired minimum 35 ft. rear yard at its closest point, and (c) at less .... than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- quired minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head. Lot area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO & A. AUR1CCHIO. Interpretation requested regarding second kit- chen facilities and its relation to single-family versus two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port· Continued from Novem- ber 1, 1990. :, 9:15 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ,I11, Section 100-30 (as disap- proved by the Building Inspec- tor) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the seal- sale distribution..~:aBope ~ conch~ lo ~ ~ f~ off- p~i~ ~mumption or ~ ~ne ~tfi~: A~cultuml- ~utho~ ~ County ~ ~ ~el ~. 1~-13.Z Con- tinu~ from N~r I, I~. ~e ~M of Aphis m~ at ~dti~ p~h~ ~ siring to be he~ in ~eh of thc a~v¢ ~. Written ~m- ments my ai~ ~ submitt~ prior to ~e concMaion of ~e suM~ ~ Each h~ng will not m~ befo~ thc t~c M- lot~. ~fion~ time for ~ur p~en~n ~ll be avMlabl~ if n~c& For mo~ information, please ~ 765-1~. Dated: N~ember 9, 1~. BY ORDER'OF THE ~UTHOLD ~WN ~RD OF APPEALS GER~ P. ~EHRINGER CHAIRMAN By Linda Kowaiski IX, 11/15/~ (30) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Cour~ty; and that the notice of which the annexed is a printed copy, has been published in said Lon§ Island Traveler-Watchman once each week for ................... ~. ...... weeks successive!y, commencing on the ....... ./~.~"...~.... Sworn to before me this ..................... day of ............~~..., 19 f~... Notary Public BARBARA k SI~NEIIN~ NOTARY PUtUC, ~ate No. 480~4~ Qualified in Suflqlk Commi~n ~pl~ NOTICE OF HEARINGS ' NOTI~EBY GIVEN~ pe~uant to Section 267 of the Tow~ Law sn~l the Code of the Town o ~"Sc~thold, the following hearing~ will be held by the SOUTIiOLD TOWN BOARD OF APPEALS at a Regular Meet/ag, at the Southold ~ Town Hall, Main Road, So~thold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the ful- lowing times: 7:30 p,m. Appl. No. 3972 ~ PETROL STATION LTD. Hearing continued fr~m Novembe~ 1, 1990. 7~35 p,m, AppL No. 3985 -- HERBERT AND CATHERINE tim 100-239.4B ~nd Article XXIV Se~on 100-24~B for p~ope~d me- two-f'~ over-hangs (cantileven). Main Road, Cm~ogue, NY~ County Tax Map Pan:el ID Nb 1000-1{]2-2- 24. Totala~ea:lg~96ncset 8:05 p.m. Appl. No. 3977~ Variance to the Zoning Ordinance, Article ~I, Secti~o 100-30.2A for approval of the location of accessory building locatcd in an area other than the required rear yard and located within 75 feet of thc bulk- he~d along C~ose C~Ck (a~/a West C~ek). Lot is nonconforming as to let area and wi&h in this R-40 Zone District. Location of Property: 15 Sun Lane, Sonthoid; also ~efen~d to as Lots I & 2 on the Subdivision map of 'West C~.k Developmem"~ P~fion of addifi~uu wiE be less than/ Bl~l-r Y J. COpIN. Contlnued from 75 fect from bulkbe~d along Co~.y%a November 1, 1990. Cn~icandwill~l~cebcth sideyards /8:15 p.m. AppL No. 37~8~ to le~s ~ tbu mi.lmum le.q~red at / SUN REFINING & MARKE]]NG. I0 and 15 feec '~. e dw..~ u exisls [ Variances m the Zoning Ordinanoa, has nonceaformmg side yards, and ] Anicle X. Se~ion 100-102: (1) for th~ lot ~a .and wid~ a~ also non- [ pennisskm to estoblish convenience 6oninm~mg m this R-40 Zooe Dis- ~ sto~ use in conjunction with and trier, Location of Property: 625 ~ accesso~ to th~ existin~ psoUne Windy Point Lane (Private Road ~ slation use on ~ sul~m~dani p~-- # 12), S~thold, NY; County Tax lVhp I ~.1 v/nich c~talm less tben 30.000 Panel 1000-~'/-4.7. ' sq. ft. in lm ~ ('2) for 7:40 p.m. AppL No. 3986 -- ti0n as to height limimlon of acces- BARRY AND BEVERLy LEHR. soo/(canopy) stmcto~, and (3) for approval of canopy sm~u~ in the front yard location. Location of Property: Comer of the Easterly Side of F~ctory Avenue and Nonberly Side of the Main Road, \Matiltuck, NY; County Tax Map ~l~'cal ID No. 1000-142-1-27. ~ "8:30 p.m. AppL No. 3983 ~ JANET MALONEY. Variance to the Zoning Ordinsnce, Article XXIII, Sectin~ 100-239.4B for approval of deck within 75 feet of bulkhead along Ho~ Neck Bay. Lot is nee- side yalds mqui~d minimm of 25 feel E~isting dwelling stmctul~ is nonconforming as to the northerly side yard, the ~ar yard. and th~ set- beck from the bulkhead. Lot a~es R-40 Zone District, Location of - Property: 9 Island View Lane, _ Greenport, NY; County Tax Map Pan:el ID No. 1000-57-2-20. 8:55 p.m. Appl, No. 3955 DOMEq'ICK SBLENDIDO & A. AURXCCHIO. Interpretation ~questcd ~pxding se~nd kitchen fscilitins and its tulation to single- family venes two-famUy uses, and a variance for edditieo with a~ insufft- ulent frontyard setback. 185 Inlet Lane. C-reenporc Continued from,~' November 1, 19~0. 9~15 p.m. Appl. No. 3975 -~- ~ ARTHUR O. CARLSON. lnu.p~totion and Variance to the tion 100-30 (as disapproved by the Building Inspector) for permission to accept deliver/of thellfuh frmn Ior. ul waters, to shuck the shellfish, nad to deliver or ship the scallops and/or ~ochea for wbulesale dhui- bution. So.lops and conches to be fded July 6, 1937 as County File No~ 1236. County Tax Map Parcel ID No. 1000-76-1-1. - '/:45 p.m. Appl. No. 3988 ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIIL Section' 100-239.4. for pen-nission to o~flstmct garage addltlen with a set- back of less than 100 feet fro~ the top of the bluff along the Long Isinnd Soond and with side yatde at less than the ~lui~ed 15 feat and 20 fe~t. The dwelling as exists is ~-i~...~ ",o ~ aldey.~d,, and thu lot at'~are no~- eo~forming in this R-40 Zone Dis- uict. L~:afion of l~openy: 645 Giro Coort, Cutchogue, NY; Vista Bluff conforming as m let uea in this R- e~: 30 W~t ~e ~ md 2~ m~l~ation (AC). ~tdc ~c Bay ~e, ~&old, of Pro~rty: 1525 Lower Road, 10~-90-1-25; Cedar Beach Park / ~ No. 1~-5-13.2. C~ for approval of second dwell~g Wdmm ~mm~ts may also be su.b- mitred pginr to the conclusim~ of tbe subject hearing. Each bearing wilt Additional time for your pre- 765-1809. M~No.5OgO, Lo~#l;CountyT~ · East Side of Bay Avenue, M~ Pan:al ~ No. 1~83-1-7. ' Cut~ogue. ~; ~ty T~ map 7:55 p.m. A~. No. 39~ ~ H & ~ ~ No. I~-~I. · S ASSO~ATES by ~ F~e- 8:45 p.m. AppL No. 3973 ~ ~ ~. ~ m ~ ~g ~.~/ IOH'N AND ROSE MILA~O, nance, ~cle X, Sccti~ 1~-1~'~ . , ~u& ~) f~ a~ ~ ~ [., Aninle XX~, Secti~ 100-239.4 ~ficinnt f~ge 0m wid&) {~ -' ~ ~/a l~-219d(B)] ~d A~ic~ ~lsu} g~g ~e ~ Rind ~p~ .~:~IV. Secg~ 1~-244B for ~sed ~ ~3 ~d for s~mvul ~ c; mhsi~ to I~e additi~ ~d m- ~2, in this pcndin~ minor sub- .ik with so.acks (~) at less ~ ~. a~g m New Y~ T~ ~w, ?<:~- ~) at I~s ~an ~e ~nl~ m~i- STATE OF NEW YORK) ) COUNTY OF SUFFOLK) Sharon Rock of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES~ a Weekly Newspaper, published at 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 been regularly published in said Newspaper once each week for 1 weeks. successively, commencing on the 15 day of November 19 90 Principal Clerk Swom to,p.~ore me thb day o, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 NOTICE OF HEARINGS NOTICE IS HE~RRY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Articl9 XX~V, Section 100-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LE~R. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the~Long Island Sgund and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BE~'Tf J. COPIN. Continued from November 1, 1990. ~o~unty Tax Map Parcel ID No. 8:15 p.m. Appl. No. 3788 ='SUN REFINING & MARKETING. 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; (2) for interpretation as to 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; 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYE/{. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot arga, width and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:45 p.m. Appl. No. 3973 - JO~N AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation request!e~ regarding'second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard Inlet Lane, Greenport. Continued from November 1, setback. 185 1990. 9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops £ Page 6 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. .loseph H. Sawicki James Dinizio, .Ir. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765- ! 800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Balrview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. the Zoning Ordinance, XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. No. 3971 - VALERIE M. KRAMER. Variance to Article XXIII, Section 239.4B and Article Zone 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. I000-109-1-23 8:05 p.m. Appl. No. 3977 - BE'I-I'f J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. !8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. iances to the Zoning Ordinance, Article X, Sections 100-102: for permission to establish convenie?ce store use in junction with and accessory to the existing gasoline station on this substandard parcel which contains less than 30,000 ft. in lot area for each use, and (2) for interpretation a~J height limitation of accessory (canopy) structure. Locati6n Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 · of Property: Corner of the Easterly Side of F~ctory Avenue and ~ Northerly Side of the Main Road, Mattituck, NY, 1000-142-1-27.~ Matters Recessed from September 26, 1990: 9:00 p.m. 9:10 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Appl. No. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAR By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,'Bouthold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 j. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, $outhold 11971 Mrs. Mrs. Marie D. Cassid¥, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901 IUDITI4 T. TERRY REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: October 5, 1988 Transmitted herewith is Zoning Appeal No. 3788 , application of Sun Refining and Marketing for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupnncy of the aforesaid building. SUffolk County Department of Health Approval No. Z39~.1 ...... Date ............. Allgu~t · · 28 ·., 19. -~.0- THIS CERTIFIES that the building located at F~J~. Rd .St. F~otoxT .AY.... Street Map No.. ~r ........ Block No....:~. ...... Lot No. z~z ..... P. at.tituek.. I~oL ...... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... 14ay.. ·. ¶ ~..., 19.6~ pursuant to which Building Permit No. dated ....... [iay ..... 1~ ..... , 19~., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .... Blm:lness. ~tltlrl~ng...Ga~ltr~e a.e;lw~.~.e..s. 1;.~.~.l.o..~...A. pp.l'.o.v..e.d...b~'.. ~kl Apls. The certificate is issued to . l~ttn .0~.~..¢o ..... 0~.n~l'. (owner, lessee or tenant) aouae ~ 99~5 AU, g.28..1970 ..by.R..¥/lla ....... Building Inspectlr NEW YORK STATE DEPARTMENT OE ENVIRONMENTAL CONSERVATION · DIVISION OF RECULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) , 1, ApplicanL/spon~or t 2. Project Name S~m Rafinin~ and Marketing J Mattituck SLmoco 3. Project location: Muni¢ipallty Town of Southold Co.n~, Suffolk Conversicn of pre-~sr~g '~&rd" se~/rep~r fac~l~ ~o "g~ ~d go /~vm~ce store N~ York State ~e 25 at ~e ~tersectim of Facto~ Am~ ~d ~ ~d. Initially · OU ac,es Ultimately ~cre~ ~ Yes -g No If No. describe brieily ~ Residemial ~ industrial ~Comme,cia, D Agriculture D ~atkland/open space · T~n of Southold - Planning Board ELY., []No CERTI[Y TttAT TIlE INfOR~IAIION I'ROVIDfD AGOV[ IS [RUE TO TIlE BEST OF MY KNOWLEDGE Sun Refining and lZmrketing I~ tho action is in tho Coastal Area, and you are a state agency, complete tile Coastal Assessment Form bolero procoodlng with this assessment OVER JNST~UCTIO~S f rotator will us~ currently available Info~n~t. lo~ coac.rnJn~ tho project and tho or ether l~vo~ti~tion~ ~1 bo {b) ~f any quast~o~ has boon ~no~ur~,d '[.:~ th,, pruj~ct ;-my 1.,~ :~i;:n~f!cont nn~ ~C6.plotod Envlro~ental Assassmont Fo%~ In nucc~sa~ 1, W~i project ro~t In a la~go phynlc.l to thc project pito or phynii~ally altur more than 10 acrco of land? . , , .... 2, Will thoro ba ~ ~Jor chnnF,~ to any ,mblUO W~i ~roject alter or have a larg,, ~ff.ct o. . W~! pro,oct have a potentially largo ~mpacb W~I pro,oct ~l~ificantly. uff~:ct draDmpu 6, Will pro,oct affect any thro~t.m.I ~r ~ndan~Tr "plant or anL~l spccies?. --~ 7. W~i pro~o~t re~t in . ~raj~r .dv.r:m W~i pro~ect havo'a tm Jot effect cn vi:nmi actcr Of tho co~.muni~7 oz' nccn~w vi(~w:, or '.'!ntat; 9, Will project adversely ~mpac~ uny ~tt,, c~. importance or ~ny site douignat~d a:~ a o~vlronmont~l u~o~ b~ ~ ~ocfll al~om~cy? * * 10. W~i pro,oct have a ~or effect on axlut~ future recreational opportu;~itioo',, · . . ..... y,:~ X ~11. Will proJoct.r~sul%, in ~a%Jor traffic pr,~hlem:~ 1). Will proJoc~ have any impact on public bm.]th · LR, L~ ]Mu-t-' '"" .... '-'- MEMORANDUM OF LEASE THIS INDENTURE. dated the 18th ' day of May 19 71. by and betwee, ARDPROP, INC., A DELAWARE CORPORATION. of 1345 Avenue of T1 - Americas~ New York, N. Y. 10019 (hereinafter referred to as "Lessor") and - SUN OIL COMPANY, a corporation of the state of New Jersey, having its principal place of business at 1608 Walnut Street in the City and County of Philadelphia, Commonwealth of Pennsylvania (hereinafter referred to as "Company"), WITNESSETH: That for the term and upon the conditions set forth in that certain written lease bearing date of December 30 r 1970 , from Lessor to Company, Lessor has leased and does hereby lease unto Company afl that certain piece or parcel of land situate in the City or Town of Mattituck , County of Suffolk State of New York , more particularly described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Factory Avenue and the northwesterly side of Main Road, New York State Route 25; Running thence north 20 degrees 22 minutes 40 seconds west along the easterly side of Factory Avenue 150 feet; Running thence north 48 degrees 57 minutes 30 seconds east 146 feet; Running thence south 40 degrees 39 minutes 45 seconds east 140.34 feet to the northwesterly side of Main Road, New York State Route 25; Running thence south 48 degrees 57 minutes 30 seconds west along the northwesterly side of Main Road, New York State Route 25, a distance of 198 feet to the point or place of beginning. together with all rights of way and easements thereunto belonging, and all buildings, improvements nod equipment thereon installed. Said lease is for an initial term of 24 years from December 30, 1970 with option(s) to renew for 5 additional 5 year periods on the L_ pan: of. Company and contains an option to purchase and/or lease said premises for a period of 49 yeats. IN WITNESS WHEREOF, Lessor and Company have hereunto subscribed their __ · ,n~ame,s the day and year first above written. ATTEST: '"~ E. E. ARDPROP, INC. /,../9 j., ./ C~,J/ //.-'-."&jr.. '~7';& ; RICHARD DRAYTON,I~.P. (SEAL) (SEAL) SUN OIL COMPANY Marketing Real Estate and Development PREPARED BY E.~r. BAIl SUN OIL COMPANY · '~ '..~ '~ S(a~d,~d N.Y.B.T.U. Fo~m 8002-8-63-Da~ai~. and Sale D~cd wi~h C~vcmm~ asuin,~ Gram~r's ~c~-indiwdu,I o~ Co~po~ado~ (~in~l~ ,hoot)  ' CONSULT YOUR ~ER B~ORE SIGNING THIS INSTRUMENT--THIS iNSTRUMENT SHOU~ BE USED BY ~WYERS ONLY THIS INDE~, made d*e ~th ~y of ~e , nineteen hundred and slxty-nlne . . BE~EEN ~I~K $~0PPIN~ C~ER, ~., a.domeutic corporation, ~ do~ng business at 504 ~alt Whitman Road, ~untzngton Station, Ne~ York, ~' [party of the first ~n,~d ~PROP, INC., a Delaw~e corporation, wit~ it~ ~id by ~c ~y of [he s~d ~ ~ h~cby ~t ~d rd~ ~ ~ ~ of ~e ~nd ~ ~ h~ or succors ~d ~ of ~e ~ of ~e ~on~ pa~ torever. ALL that certain plot, piece or pa[cci of land, with the_buildings. ~n.d ~npr..ov~mm. ts thercon erected, sittmte, lying and being i~l~ at Mattztuck, Town of Southoic, oouncy of Suffolk and State of New York, more particularly bounded and described as follows: B~G, INI~NG at the corner formed by ~he intersection of the easterly szde of Factory Avenue anu cue ~~ side of Main Road, New York State Route 25; Running thence north 20 degrees 22 minutes 40 seconds west along· the easterly side of Factory Avenue 150 feet; Running thence north 48 degrees 57 minutes 30 seconds east 146 feet;Running · thence so~th 49.degrees 39 minutes 45 seconds east 140.34 feet to the n~~szde of Main Road, New York State Route 25; Running thence s.outh 48 degrees 57 minutes 30 seconds west along the · ~~ szde of Mazn Roa~; 'New York State Route25, a distance of 198 feet to the point or place of beginning--~. This conveyance is made in the regular course of business actually conducted by the party of the first part. Subject to the restriction that no buildings, billboards, structures or any obstruction whatsoever shall be erected or maintained ~n the adjoining property of seller within 2~ feet from the north side of Main Road for a distance of S00 feet and further Subject to the restriction that ~he adjoining property owned bM seller will not be used for or in connection with the operation of a gasoline or filling station for the sale of gasoline motor fuel for a period of ten years. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any stre~a sad roads abuttin~ the above-described pre~nises tc the center linem thereof; TOGETHF. R with tl~ ~ and all thc ~tate and rights of the pazty Of the first part in ~nd to said prem~a; TO ~VE AND TO HOLD the pr~miaes herein granted unto the ~ of thc second part, thc heirs or aui~.~ors =nd migm of the patty of the second part/orever. -- AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the ~id premises have been encumbered in any way whatever, except as aforesaid. AND the party of the firsa part, in cmnpliance with Section 13 of the Lien LAw, covenants that the pan'y o{ the first part will receive the consideration for this conveyance and will hold the right to receive ~uch ennsid- eratlon a~ a trust fund tO be applied first for the purpose of paying the cost of the improwm~t smd will apply the same first to the payment of the cost ot the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so require. IN WITN,ESS ~OF, the party of the first part has duly executed this deed the day and year first above written. :: .: -¢ '~.'o".l;'0 ".~ ; . "~": ~ 'It ~.~' . ~ .'. --: ~'-.-~ :- : % ',...- ..- -%__/ ' · .' '-. ~',~',,,,..,.' , STATE OF NEW YORK, COUNTY OF On the day of personally came lg before me to me known to be the individual de~Hbed in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW yORK, COUNTY OF 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 O~ff- YO~ c~ ' ' to ~ k~, w~, ~ by m~ duly sworn,.did de~ ~d the ' . ~e ~r~tlon described in and ~h~h ~ut~ t~ for~o~ instrum~t: t~t~ h~ knows the ~ o{ ~id co~r~tion;.~t thc s~l ~x~ de~ m ~d i~tmm~nt is such ~r~te s~; t~t ~t w~ ~' t~ tion ~d t~t hc si[n~ h~S~e ~ercto ny nKc oru~r, e I~ITUCK SHO'~P~G CEN~R, IN . TO STATE OF NEW YO~ COUNTY OF day ~ 19 , be{ore me personally ~e thc subscribing wime~ to thc foregoing instrument, with whom I ~ ~rso~ly acquaintS, who, ~ing by me duly sworn, did &~sc ~d ~y ~t he r~ides at No. he ~ows . ,to ~ the individual dc~ribed in ~d w~ e~ted the foregoing ~trument; -he, ~i~ sub~ribing witness, was present and saw ex--re the ~me; and tMt he, ~id witness, '[tj the ~c time ~ubgribed h' n~e ~ withes thereto. Home Title Division Chica ,o 'I itl,'.,. In:..uran::e CornDanv ' COUN~Y~X=r~m Suffolk NEW yORK ~OARD OF TI~fL~ UNDERWRITERS · Di~t~buted b~ © I 'z.ol . LESTER M. ALSERTSON Clerk Of Suffolk County QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED YOUR APPLICATION FOItJ4S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answeredt to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? ~ No 2.a)Are there any areas which con~in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? ~ No ~ No 3. Are there existing structures .at or below ground level, such as patios, foundations, etc? Yes ~ 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes #~ If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground level? State total: ft. No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~ No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: No Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Site Plan Application Yes ~ Yes No Yes No Yes ~ Yes No Yes No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pugchasers and conditions of sale. (from.contract) ~ No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possiblc waiver or permit under the requirements of Ch. 97 of the Town Code? ~ N/A 13. Please list present use or operations conducted upon the subject property at this time Gas Station/~pair Facility and proposed Gas and Co/Convenience Store Facility Please submit photographs for the record. I certify that throve statements are true and are being submitted for reli~.ce, by the ~oard~of Appeals in considering my signature ~ (Authorized Ag_e n t~ ) Linda Panzner - Project Engineer Sun Refining and _Marketing 1/8 WETLANDS [Amended 8-26-76 hy L.L. No. 2-1976; 85 by L.L. No. 6-1985]: A. TIDAL WETIoANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal w~rs, or lands lying beneath tidal watur~, which at mean Iow [hie . are covered by tidal watcrz :o a m~ximum depth of five (5) feet. includi~g hut not ]/m/ted ~ bank~. bogs, salt m~rsh, swamps, meadow~, flaL~ or other Iow lying lanch subject ~ tidal action: (2) All banks, begs. meadows, fla~ and tidal marsh subject ~ such tide~ and upon which grows or may grow some ar any ut the foliowing: salt hay, black grass, saltwort, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and march cordgrass; amUur (3) All land immediately adjacent t~ a tidal wetland as defined in Subsection Ag2) and lying w/thin seven- ty-five (75} feet landward of the most landward edge of such a tidal wetland. FRESI[WATER WETLANDS: (1) ~Freshwa~c wetlands" aa defined in Article 24, Ti- fie 1, ~ 2.1-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation Law of the State of New York; and (2) All land immediately ndjacent to a "freshwater wet- !and," ns defined in Subsection B(1) and lying with- m seventy-five (75) feet landward of the most la.d- ward edge of a "freshwater wet/and." 9705 PART I I AY (- 5 1988 State Environmental Quality Review SHORT ENVIRONMENTAL ASSESS~IENT FORM For UNLISTED ACTIONS Only Project Information (To be completed by Applicant or Project sponsor) I2. Project Name ~att±L-Ltc~ S~'zoco Sm Refining and Marketing Mu,ici~,w Town of Southold cou,w Suffolk [] New [] ~xpa~$ion l~ Modificationfaitetation "gas Conversion of pre-ex~st~n~ stan~l~rd' service/repair facility into and go"/conveni&nce store ~acility. New York State Route 25 at the intersection of Factory Avenue and Main Road. 7. Amount o~ land [] ~esidential [] Induslrial ~Commercial [] ^gricultu~e [] Parkland/open space [] O:he~ Town o£ Southold - Pla~-zing Boe~d ^"P',.~-U,pon,o, ./.~ Sm P~fining and I,i~rketing Il' tho action is in tho Coastal Area, and you are a state agency, comptnto tho Coastal Assessment Form before proceeding with this assessment OVER FORM NO. a TOWN OF SOUTHOLD BUILDING I)EPARTM ENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL FileNo ................................ Date . ..June g~ ............... 19.88 To SUN REFINING & MARKETING (LESSEE) ARDPROP, INC. BOX ]3812 PHILADELPHIA, PA 1910l I I.kASE rAkE NOTICE lhat your application dated ... May 4th, for l,cnnit to ~r,~oql~tx. CI4ANI;1E:. ~X.I$%;tlbl¢. plg.E ........................................ at Location¢ffl'ropcrty 9945 Route 25' & 80 Factory Ave. Mattituck, N.Y~ Counly T;,x M:,p No. I000 Scdi(m . 142 Block I I.ot 27 S.hdiviqon ................. l:iletl Map No ................. Lot No .................. is returned hcrcwilh and dis:Jpprovcd oil tile following l;rounds ...U.n.d.e.r..A.r.t.i.c.l.e..V.I.I:, )997.7.0..A:. (I) (d) Section 100-62 B insufficient lot area - will need action by Zoning Board of Appeals and Site plan approval, by the Planning Board. B uil?~ lnsp.ctor Thomas J. F~'her Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 36]8 Application Dated February ]9, ]987 TO: Andrew E. Goodale, Esq. as Attorney for SUKRU ILGIN & OTHERS Main Road, Box 15A Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on A~] 23, ]987, the above appeal was considered, and the action indicated ~o~-~ taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article VI , Section ]00-62 [ ] Request for Application of SUKRU ILGIN AND MINE PEKSEN d/b/a OCEAN HOLDING CORP. for a Variance to the Zoning Ordnance, Article VI, Section ~62 for permission to operate convenience store in addition to existing gasoline service station uses at 7400 Main Road, Laurel, NY; County Tax Map District lO00, Section 122, Block 7, Lot O1. WHEREAS, a public hearing was held and concluded on April 2, 1987.in the Matter of the Application of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING CORP. under Appeal No. 3618; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a variance under the Provisions of Article VI, Section 100-62, (which requires a minimum lot area of one acre for a shopping center), in order to establish a "convenience store" for the on-premises sales of packaged food and non-food items (without food preparation or on-premises food services), in conjunction with the existing gasoline-service station use. 2. The premises in question is a described parcel of land located in the "B-l" General Business Zoning District, containing a total lot area of 11,984 sq. ft. 3. The subject premises is improved with the following structures: (a) two islands with full-service fuel-dispensing (CONTINUED ON PAGE TWO) DATED: April 23, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3618 Matter of SUKRU ILGIN AND OTHERS Decision Rendered April 23, 1987 pumps; (b) gasoline station office on survey prepared February 13, 1987 Engineers, P.C. and two-bays, all as shown by Peconic Surveyors & 4. The area to be used for the "convenience store" at the southerly half of the existing structure of a size 27.6 ft. x 28.9 ft. The most northerly half will continue to be used as a gasoline-station office area. is 5. The consensus of the Board is to permit the estab- lishment of a "convenience store" in the southerly half of the existing structure to be used accessory and incidental to the gasoline-service station use, and not as a separate principal business use. It shall be understood that only one exterior entranceway shall be permitted at the west side of the existing building which is presently for the gasoline- station office area, and a second entranceway which the owner finds necessary shall be located only at the east side of the existing building. The minimum eight parking spaces must remain open and unobstructed at all times to allow safe and convenient parking for customers. 6. It is noted for the record that a site-plan applica- tion is presently pending before the Southold Town Planning Board, and Certificate of Occupancy #Zl0810 was issued by the Southold Town Building Department on December 9, 1981 to Peter J. Warren and Linda L. Ryan (predecessors in title) for a gas service station. 7. It is also understood that the existing vehicle lifts and vehicle-repair areas will be eliminated and replaced with this accessory "convenience store" use. In considering this application, the board also finds and determines: (a) that the use as proposed is consistent with and will promote the general purposes of the zoning code and maps; (b) the circumstances of the property are unique; (c) there will not be a substantial change in the essential character of the neighborhood; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the relief requested is substantial in relation to the require- ments; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or adjacent use districts; (g) the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed business use and its location; (h) the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Messrs. Douglass and Goehringer, it was RESOLVED, to GRANT a Variance under the Provisions of Article VI, Secti~O-62 for the establishment of a "convenience store" accessory and incidental to the existing gasoline-service station use in this "B-I" General Business Zoning District, as applied under Appeal No. 3618, Matter of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING CORP., SUBJECT TO THE FOLLOWING CONDITIONS: 1. Any additional proposed exterior entranceway shall be located on the east side of the existing building, (only one as exists shall be permitted on the west side); 2. The parking area(s): (a) shall be paved along the Page 3 - Appeal No. 3618 Matter of SUKRU ILGIN AND OTHERS Decision Rendered April 23, 19873~ east side of existing building; l('b) shall remain open and unobstructed at all times for customers use; (c) shall be sufficiently lighted; 3. All outside lighting ~hall be sufficiently shielded from the highway and neighbors; 4. A maximum four sq. ft. sign shall be placed on the front of building indicating "PARKING AT THE REAR" (east side) FOR CONVENIENCE STORE CUSTOMERS; 5. The "convenience store" use granted hereunder is permitted only accessory and incidental to the gasoline- service station use presently established, and not as a separate principal business use; 6. No food service or sales of prepared foods, no cold cut/deli items, or other food services (except pre-packaged); 7. No expansion or further construction without reapplication or new application!for consideration to both the Planning Board and Zoning Board of Appeals, and any other department or agency having jurisdiction thereof. 8. This variance is temporary for a maximum period of two years, EXCEPT where a building permit has been properly issued and construction commenced.-to convert this building as proposed herein, within this limi,ted two-year period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. GERARD P. GOEHRINGER, CF)AIRMAN April 28, 1987 Southold Town B~ of Appeals -9- January 2, 1969 shopping center located on the N/E corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York, consisting of a major supermarket~ variety store, movie theater, ba~k~ proposed U.S. post office, and 14 retail merchantile stores. They anticipate a high density of concentration of shoppers. By having a service station affiliated to their shopping center, they can afford the local shoppers, and the surrounding co-~nunlties a complete shopping service. The Board finds that this service station must be subject to the Rules & Regulations for service stations. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship~ the property in question meets the requirements for a gasoline service station and will not change , depreciate, or affect the properties in the immediate vicinity of this property and in the same use district~ and the variance does observe the spirit of the Ordinance and will not change the charactes of the district. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that Cassella Builders~ Inc., 504 Walt Whitman Road, HuntIngton Station, New York, be GRANTED approval of gas station site as applied for on property located on the north east corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York. This approval is granted subject to the Rules & Regulations for gasoline service stations. Vote of the Board: Ayes~ Mr. Gillispie, Mr. Doyen, Mr. Grigonis Mr. Bergen disqualified himself - he was not present durl~g the hearing. Opl~Ose~= Mro Hulse.~.~,__'_.* 8. 00 ..,P;M.- (E.S.T.), u~n application of M.T. Cassella Buil~se Inc., 504 Walt ~i~ Road, H~tington Station, N~ York, for a variance in accor~nce wi~ ~e z~ing ~din~ce, ~ticle ~, Section 440-6 as it applies to ~ticle ~, Section 40~1, for re~tion in lan~ca~ area and increase in park~g ~ea for ~o~sed ~ttituck Shopping Center. Location of ~o~rty= nor~ east corner of Factory Avenue ~d Route 25 (~ln Road), ~ttituck, N~ York~ boun~d nor~ by Be~y Cemetery Ass~. ~ east by ~any Cemtery ~s~., sou~ by ~in Road, west by Factory Avenue. Fee ~id $5.00. The Chairman opened the hearing by reading the application for variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. The Chairman requested Mr. Cassella to amend sections 2 & 3 of the application to read as follows: Southold TOwn B d of Appeals -1 January 2, 1969 2. The hardship created is unique and is not shared by all pr®perties al/ke in the L~ediate vicinity of this property andin this use district because there is no other shopping center near this area. 3. The variance would observe the spirit of the Ord/nance and would not change the character of the district because: same as item 2. TB~ CHA~'~/~': This application concerns a 25% reduction in landscaped area to be used for additional parking space. If granted applicant seeks to gain an additional 150 to 250 parking spaces. Is there anyone present who wishes t® speak for this application? MR. JACK DRISCOLL: I believe it is very huportant to have more parking for this shopping center, not only for nOw, but for its future needs. THE CHA~RMAN~ Then you are for this application, is that correct? MR. DRISCOLL: Yes, THE CHAIRMAN: Anyone else wish to speak for this application, Mr. Cassella? MR. CASS~nr~= I repeat my reason for application. It is necessary to have this additional parking to avoid congestion of parking on public streets. THE CHAIRMAN: Is there any relationship between your lenders and this application? MR. CASSET.T~: Yes, basically, the more parking space the more acceptable it is to the lenders. The basic ratio of the number of cars to each acre is 60. THE CHAirmAN= In other words, if you have 9.3 acres, you should have parking for 540 cars. MR. CASSELLA: Right. This is the bank appraisor's basic trend of figuring. THE C~'-~RAN: Mr. Terry, are you familiar with any of these formulas? MR. TERRY, BUILDING INSPECTS: well, actually every town is different. I think you should refer to the informal meeting they had with the Planning Board. THE Cl--~EF,,~: It is my ~mpression that they were generally · ' -~outhold Town B~d of Appeals -1 January 2, 1969 favorable. After some discussion they agreed that a variance application should be made to the Board of Appeals, as was done. Anyone else wish to speak for this application? Are there any questions from any members of the Board? I think it should be pointed ®ut that the area to the northwest adjoining the proposed landscape area is owned by the Bethany Cemetery Assoc. Is there anyone who wishes to speak against this application? If not, I will offer a resolution to g~ant this appli- cation for reduction in landscaped area from 801 to 401. The Board took a vote which ended in a tie. Favorable= Mr. Glllispie, ~wa~mm~mm ~,. ~o-ts Adverse: Mr. Doyen, Mr. Hulse THE CHAIRMAN= We could reconsider it at a later date. But I think it should be pertinent for the members who voted against this application to express their reasons for disapproval, so we can determine whether or not there should be another hearing. MR. DOYEN= At the present t/me the Planning Board requires 25% of the area to be in landscaping. This is stated in their Rules & Regulations. If they are favorable towards this application, why then did they not amend their Rules & Regulations ? I think the applicant is planning ahead too far. MR. HULSE: I agree, no hardship has been shown. MR. CASSELLA: Through past experience in my dealings with the planning and building of other shopping centers we have learned that you can never have too much parking area. The present area in our plans that we have alloted for parking will be obselete within a year. Even if you grant us this additional parking it will become obselete as the growth of Mattituck increases. For instance, I live directly across from the Walt whitman Shopping Center in Huntington. They do not have enough parking for their present needs. The cars are parked on public streets within a 500 ft. radius of the shopping center. They even block my driveway frequently. The ratio of cars to an acre in Huntington Town is presently 60. They are now going to increase it to 80 cars to an acre. THE CHAIRMAN: X would like to offer a resoltion that the Board reconsider this application at this time. Is there anyone present who wishes to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests a reduction in landscaped area and increase in .... Southold TownB~d of Appeals -12 January 2, 1969 parking area for proposed Mattituck Shopping Center, in accordance with the Zoning Ordinance, Article IV, Section 440-6 as it applies to Article Iv, Section 400-1. The Board finds that the present ~rking layout of the proposed shopping center may be obselete due to the . present population, growth, and summer tourists. The Shopping Center layout will presently accomodate 387 cars as required by the Town Ordinance. If the Ordinance can be amended by the Board applicant would seek to gain 150 to 250 additional parking spaces. Therefore alleviating any possibility of inadequate parking, and avoiding any congested parking on the public streets. A perimeter reduction of 40 ft. on the northerly property line is requested. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties al/ke in the immediate vicinity of this property and in the same use d/strict; and the variance dees observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Glllisple, seconded by Mr. Grigonis, it was RESOLVED that Cassella Builders, Inc., 504 Walt Whitman Road, Huntington Station, New York, be GRANTED a reduction in landecape area and increase in parking area as applied for on property located on north east corner of Factory Avenue & Route 25 (Main Road), Mattituck, Now York. Vote of the Board: Ayes:- All 8:15 P.M. (E.S.T.), upon application of Eastern SuffoLk Nursing Home, North Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section 408a, and Article IVB, Sec~4~n 441, for permission to erect ground sign on brick wal.1 with insuff~9~ height above ground level. Location of property, south aide North ROa~eenport, New York, bounded north by North Road, east by King Greenp~r~oc., south by K.ing Greenport AssOc., west ~ $5.00. by King Greenport Assoc. The Chairman opened the he. ar~i~g __..~x~ding the application for variance, legal notice of hearing~ affidev~%-~a~ttesting to its publication in the official neap&per, and not~c~ the applicant. The Chairman requeste~o Frank Salamone, appl~ amend sections 2 & 3 of applicg~ion to read as follows= '~' ,' Southold Town of Appeals -4- January 2, 1969 l~t ks located has been in existence for at least ten years. Th _are othor Properties with ellin-- - ......... ere · me rlglYt-of-wa.. 4_ = ...... .~,- -~=u ~eo~ UBi~g recreants. ~e B~d f~ ~at s~ct application of ~ obese ~d~ce ~d w~11 not ~ge ~e~acter ~e sp~lt of ~e of ~e On motion by Mr. Gillisple, seconde~4~ Mr, Bergen, it was RESOLVED that Giraud w~ & Geor-et-- ~- _~1%-~ .__ -~- ~ ,..~, ~mp~ei 28 Hempmtead Avenue, Lynbrook, New yo/rk/, be GRA~'~-'D approval of ac ss t road in accordance with~the St---~-~--..---,---~-~ o Private This approval is or~-- -~-~' -'---~-' ,u,A TOWn Law, SeCtion 280A. ........ ~'~--~ ~- ~ cona~t~on that the owner ma~ =~uirea repairs a~[d imDr ...... - ........ ~'~ ~ ..... m-~-~,~n=s, uuch repairs and will be subjec/~x~o the aplrroval of the Building Inspect~[ Locatl~ of property~ Private road off south side Ba~view Xnc., 504 Walt u~---'~--=~'"-=~-~-'=.~=i°n ot M.T. Cassella Builders special exceptl~'~.-~_u~u~'__~_un.~:.~?:.°,n Station, New York, for , - -~ c~mm. Laus =o Article ~V, section 40 - , gasoline service station ~---- - .... 0 1, for ~-.,,-- ~r propose~ Mattituck Shopping Cantar. Locetion of property; north aast cOrner of Factory Avenue· and Route 25 (Main Road), Mattituck, New York· bounded north By land of proposed Mattituck Shopping Center, east ~ land Mattituck Shopping Center ....... Y of proposed Avenue. Fee paid $5.00. , ~u~n =y Ma~n Road· west by Factory The Chairman opened the hearing by reading the application for special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. The Chairman examined the blueprints for the Proposed Mattituck Shopping Center and then read the "Rules and Regulations for Gasoline Service Stations." 1. No major repair to be done in the open, " ,.' $outhold Town of Appeals -5-O January 2, 1969 2. Pumps, lubricating and other d ~ ~st fifty (50) feet fr _ evlce~ sha~l be located r~gnt-of-way or Dr ~,~_o~_t~_e line of any s~reet or hi hwa~- at ~ 0~ &.Il'lee g ~ 3. All fuel oil or other shullar substances shall be stored at least 15 ft. distant from any street or lot 1/nes. 4. No automobiles, or automobile parts, dismantled or damaged vehicles and shullar articles shall be stored /n the open and no park/ng of vehicles other than those being serviced shall be permitted. 5. Signs to be in accord with Article ~V, Section 408 of the Building Zone Ord/nance of the Town of South.id. 6. All StOrage tanks shall b e buried Underground. 7. No second hand or used vehiules to be sold o~ the premises without further special exception from the Board of Appeals. THE CHAIRMAN= Z suppose a gas.l/ne service station lease is one of the most valuable assets of any shopping center. But /n view of the number of un-used gas stations there are in the Town, perhaps you could use this area for additional Parking space instead of a gas station? MR. JACK DR~SCOLL: How many closed gas stations are there Mattituck? THE CI-'-_.A/~'..AN: Z don~t knew. MR. JACK DRZSCOLL= We~l, Z can answer that. There are two. One ef them sheu~d have been closed 20 years age, and the other one is in a bad lecation, right next to the railroad track. ~ th/nk you will f/~d that on Route 25 we have no closed gas stations. THE CHA/~/~AN: Oh~ yes~ we have som~ right here ~n South.Id. MR- J~K DRZSCOLL: Z em not talki talk//lg about Mattit.~ .... ng about Southeld. bui~ - _ _ ----- & ~e~leve that - -- ~ ~ ~ervlce station unleo- ~ .... = ~as company would not a good bus/ness. -- ~,=y =nought they were going to do THE CHA/RMA~= Are you one of the applicants? ~R. JACK DR~SCOLL: No, ~ ewn this property. to Cassella Builders. Z am sell/ng .. Southold T~wn ~ard of Appeals -6-0 January 2, 1969 THE CI~AIRMAN= So, naturally you favor whatever they want? 1~. J~K DRISCOLL: That is right. MR. THC~AS JAMES CASSELLA: My name is Thomas James Cassella, X represent Caseella Builders /n th~s application. We have enough property to /ncrease our parh~ng area with no problem, without' e~/m~nat~ng the gas station site. We have enough landscaped area. Xf the Board would waive the 25% requirement by allowing us to go baCk an additional 40 feet we could easily piCk up 140 more parking spaces. We now have parking for 387 cars, if we could pick up this additio~al 140 spaces then we would have parking for approx/mately 520 cars. THE CHA3]~AN~ By going back an additional 40 feat here on this 80 ft. buffer zone (referring to blueprint) you could increase your parking by 140 cars? MR. CASSELLA: That is right. (He explains how this can be done) The reason for the gas station site is for two vary important reasons on my behalf. We intend to spend about a million and a half dollars as far as mortgages. A couple of our mortgagors or landers requested that we have a gas station. The A~P for ex~uple requested e gab station to help the economy of the vicinity of this area. T~E CHAIRMAN: Is the AaP going to lease back from YOu? MR. CASSELLA: Yes, we have a 43 year lease with the 15 year lease with four (4), 7 year options, which is already executed and signed. A THE CHAIRMAN: The AaP is asking you to have a gas station, is that correct ? MR. CASs~.?.T~= Yes, they requested it on the grounds it would be an asset to their supermarket, as well az the variety store, movie theater, and the bank° ~ C~AIRMAN: DO YOU know what ba~k it will be? MR. CASSELLA: We are negotiating with three banks at present. We have not yet decided. Federal Sav~ngs & Loan is one of them. As far as mortgaging purposes are concerned we stand in a far better position by having a major oil company. The more trXple A rated tenants we get the batter our mortgaging factor ~11 be. Southold TOwn ~ard of Appeals January 2, 1969 THE CHAI~4AN= Did you say that this was one of the largest stores ever built? ~R. CASSELT~= Zt is 21,580,000 sq. ft., the largest ever built ~n the State of Now York. THE CHA~RMAN~ You also have plans for a variety store? MR. CASSELLA~ Yes, a variety store, a theater, a post office, several retail stores, and we have three downtown Mattituck merchants interested in relocat/ng. MRS. EUGSTER (a spectator): HOw large is the theater going to be? MR. CASSELLA: The theater will seat approxhnately 350 persons. think we have a good working plan here, I think it is going to be boost to the community as well as a tax asset to the homeowners, it will reduce the tax burden on their part. THE CHAIRMAN= Mr. Drisco11, hOw is this property presently being taxed, as residential property? MR. DRISCOLL= No, I am presently being taxed for vacant business property. THE CHAIRMAN= Well, these blueprints look like they would meet the requirements for service stations. What hours will this station be open? MR. CASSEr.~= I believe it will be open in conjunction with the other stores. MR. DRI$¢OLL= ~ think the A&P will more or less control the hours. MR. TERRY, BU~?.nING INSPECTS: Yes, Z agree. MR. CASS~T~.A: NOW, I have one additional problem to cope with. In order for me to submit my bid to the post office, before January 10, I must submit a se~arate survey shOwing the exact location of the proposed usuage by the post office. I really cannot do that until the Board decides or approves the additional parking so that we can amend the existing plans. I may push the buildings back and add the additional parking te the front or we may add the additional parking to the back and keep the post office where it is. Of course this will have to be plotted on a drawing board, but hOwever we decide to do it I will have t® come back and get a quick approval from the Board of Appeals. Southold Town l~d of Appeals -8- January 2, 1969 THE CHAIIL~AN-- I don*t thi~k you need our approval because this plot plan has been approved by the Planning Board. I dontt think we are involved with the post office bid at a11o MR. CASSELLA: I*m sorry, I thought we were discussing the other application for parking facilities. THE CHAIRMAN: NO, the only way wa came onto this subject was whether or not you would consider eliminating the gas station and using the space for additional parking, but you have developed the reasons why you need the gas station. A~e there any other questions the Board would like to ask Mr. Cassella? If not, I would be glad to hear from anyone who objects to this application. MR. PE'I'~ Jo I~RREN= My name is Peter J. Warren, Laurel, N.Y. ! object mainlybecause there are ample gas stations ln Mattituck. I operate a service station in Laurel about % mile west of this proposed shopping center. Another service station in the area would create a hardship for me. Not so much in the summer months, but very surely during the rest of the year. MRS. EUGS'i'~K (a spectator)= Yes, it would create a hardship for this man. THE CI-IAIRMA~: Which service station do you operate? MR. PETER J. WARREN~ North Fork Shell. I am not against the shopping center, I am Just against another service station in the area. THE CHA/I~N-- All right, I understand. who objects ? Zs there anyone else MRS. EUGST~R (a s~ectator)~ Yes, I object. I was very glad to see Mr. Warren open his service station. Before he did so I had to go all the way to Jamesport to get gas after 6 o~clock in the evening. THE CHAIRMAN: Is there anyone else who wishes to speak against this application? Any members of the Board wish to speak? (There was no response.) After investigation and inspection the Board finds that the applicant requests approval for gas station site. Applicant requests this approval in connection with the construction of the 9.3 acre '"'.. S0gthold To~n B~d of Appeals January 2, 1969 shopping center located on the N/E corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York, cons/sting of a ma]or supermarket, variety store, movie theater, bank, proposed U.S. post office, and 14 retail merchantile stores. They anticipate a high density of concentration of shoppers. By hav~ng a service station affiliated to their shopping center, they can afford the local shoppers, and the surround/rig communities a complete shopping service. The Board finds that this service station must be sub, eot to the Rules & Regulations for service stations. The BOard f~nds that strict application of the Oral/hence will p~oduce practical d~fficulties or unnecessary hardship~ the p~operty ~n question meets the requirements for a gasoline service station and will not change , depreciate, or affect the properties ~n the ~mmed~ate vicinity of this property and in the same use d~strict~ and the variance does observe the spirit of the Ordinance and will not change the characte~ of the district. On motion by Mr. Oillispie, seconded by Mr. Doyen, it was RESOLVED that Cassella Builders, ~nc., 504 Walt Whitman Road, Hunt/ngton Station, New York, be GRANT~u approval of gas station site as applied for on property located on the north east corner of Factory Avenue and Route 25 (Main Road), Mattituck, New York° Th~s approval is granted subject to the Rules & Regulations for gasoline service stations. Vote of the Board: Ayes~ Mr. Gi111spie, Mr. Doyen, Mr. Origonis Mr. Bergen disqualif~ed h/mself - he was not present during the hearing. Opposed~ Mr. Hulse. 8~ (E.S.T.), upon application of M.T. Csssella~ders~ Inc., 504 Wak~Ltman Road, Huntington Station, ~ew York,, for a ~u o as ~t applies t~t~cle ~, Section 40~1,~ re,crOn lan~ca~ area and ~ncrea~n park~g area f~ro~sed~tt~tu~ Shopping Center. Location of~9~rty: ng~ east corner of Factory Avenue ~d Route 25 (~tn Road), ~t%~, N~ York, boun~d nor~ by Be~y C~etery ~ssoc., east b~~y Cemtery~soc., sou~ by ~,n Road, west by Fac~0~Tue._ F~ $5.00. ~e Cha~ o~e hearing by read~ng~ appl~cat~ for v~ce, legal ~[ce of he~g, aff~v~ p~l~cat~on ~-~e official n~spa~r, and not~ce to The~Chairman requested Mr. Ca~sella to amend sections 2 & 3 of th~a~plication to read as follows. ~A~DINAL~ ALAN A ~;:; ................. :::::::::::::::::::::::::::: ............................................................................... A-C R-80 R-80 R -80 R-80 LIO R-E0 A-C R-80 GREAT ! PECONIC, ":',~:." COUNTY OP s~OLK TOWN CLERK ~ TOWN OF $OUTItOLD ~ffolk Count~, New York 516- ~65-1801 N.0 2 8 1 3 4' ~ $outhold, N. 31. 1 1971._~¢.~- ~5- 19 ~ ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Sun Refining & Marketing Co. to the Board of Appeals of the Town of Southold TO: Alan Cardinale P. O. Box 77 Mat tituck, NY 11952 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thaz3~h-L~e intention of the undersigned to petitloj:~JJ:u'.~Board of Appeals of the Town of Southold to request a V(~ariance.) (Special Exception) (Special Permit')~,~thO~h~ [ci:¢le choice] and interpretations of Article X? Section 100-102 of the zoning code ~ I. 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: Sunoco Station located on Northeast corner of the intersection of Factory Avenue and Main Road (N.Y.S. Route 25), Mattituck, New York. Suffolk County Tax Map Parcel # 1000-142-1-27. 3. That the property which is the subiect of such Petition is located in the following zoning district: "B" General Business 4 That b~ such Petition, the undersigned willrequestthefollowingrelief: Interpretations and variances of Article X, Section 100-102 of the zoning code to permit conversion of existing office and automotive service facilities to convenience store and placement of canopy over gasoline pumps. 5. That the provisions of the Southold 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 will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (.516) ?~§-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by/he Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-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: October 16, 1990 Petitioner ~ ~' ~' ~ Lessee's ~q~&d Names: Sun Refining a Marketing Co. Post Office Address c/o Esseks~ Hefter & Angel ]OR ~m~t Main Street~ P. O. Box 279, Riverhead, NY Ye]. No. (516 ) 369-1700 11901 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] Alan Cardinale PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P. O. BOX 77 Mattituck, NY 11952 STATE OFNEW YORK ) COUNTY OFSUFFOLK) Ellen Carlucci , residing at Riverhead, New York , being duly sworn, deposes and says that on the 16th day of October , ] 9 .9.0 , 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 addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at RLverhead ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 16th day of October , 19 90 Notary Public Ellen Carlucci PATRICIA IRELAND No:,aq~ Public, State of New York No. 4842572 Qualified in Suffolk County _ ~mrnission Expires Dee. 3: ~./'~ ~ (This side does not have to be comp]eted on form transmitted to adjoining property owners.) 11'-0' 2 - i"CONOUITS IN COL. BY PREFAB. TIE IN 8Y G.C. 4. TYP. (8 REQ'D) 27' -0" 103'-8'CANOPY FOOTING LAYOUT LEGEND "E' = l/B" RC FOR 'O' = DRAIN SPEAKER I F [] Fl- .4'- 6". 13'- 0' 14'-- 0' . . 13'- 0" t4'- 0' t3'- 0' 14'- 0" )k 13'- 0' c4'- 6".. 103'- M'CANOPY LIGHTING LAYBJT SCALE 1/B"=l'-O' CANOPY COLUMN SIGN 10' X 10' STL COL. WITH 12' X ]0" RASE PLATE BY PRE-FAR. CONTR. NOTE: EACH & EVERY GBOUT FOR THIS CANOPY TO HAVE SANE ELEV. AT INVERT OF GROUT POCKEh' SEE PLOT PLAN FOR DETAILS. COL.& RASE PLATE- BY PRE-FAR. CONTR. TOP OF FOOTING FINAL POUR CONCRETE PLAN INTERNAL 4"PVC DRAIN EACH COL, TERMINATES AT INVERT 0' ABOVE GRADE OR 10"BELOW GRADE ISEE PLOT PLAN &SPECS. I ELEV. OF FIN. BRAOE AT EACH COL. SEE PLOT PLAN - /~ , TOP O,F fBI 1' CONDUITS TO (1) COLUMN (SEE PLOT PLANI (4) a5 HORIZ. EACH (TOP & BOTTOM OF POCKED CEMENT GROUT PRE-FAB. CONTR. TYP, VERY. IR' ---TOP' OF ~/ FIRST POUR - FIRM REAR:lNG UNDISTURBED SOIL WITH MIN. REARING CAPACITY OF 2RBR PSF SECTION CANOPY FOUNDATION 'GROUT POCKET' SCALE 1/2'= l'~M' i I 12'ILLUM, CANOPY COLUMN SIGN SCALE 1/2'=1'-0' iR' WIDE (TYP, cj PLACES;) SELF DE,YE CHAIN LINK FENCE W/VINYL SLATS NEW 44"X 66'ILLL PRICE SK;N (20.Z SO. FT.) SUNOCO r Self Serve LDO° .,I END ELEVATION - 3l~'X 183'CANOPY CANOPY ILLUMINATED PANELS ~8'HIGH LETTERS 4500 P.B.I. CDNCRETE SLAB~ WITH 4'CRUSHED STONE RASE ?'--BONORETE POOFING FRONT VIEW SIDE ViEW TRASH ENCLOSURE Ld LEFf END ELEVATION I I FRONT ELEVATION REAR ELEVATION 36'X 53' SUNOCO FOOD MARKET SCALE I/8'= I'-O' THIS DRAWING IS AND SHALL REMAIN THE PROPERTY OF SUN REFINING AND MARKETING COMPANY. USE, REPRODUCTION OR ALTERATION OF THIS DRAWING WITHOUT THE EXPRESSED WRR'TEN PERMISSION OF SUN REFINING AND MARKETING COMPANY IS PRONIBITED. q2" 7_-_[ ZLBT NEW 50 SO. FT. SUNOCO FOOD MARKET SIGN SCALE t/4'=l'-R' RI' X 21" X 1 BASE PLATE BY POLE MANUF. 4'0 ~.~ PLAN 8'X 3/8' WALL FARRICATED TURE SIGN POLE "5-STAR" LEVELING GROUT AS REO'O, I I I 4'-0" SO, SECTION DO SO. FT..S[ON I I I I .1' (8)~'G VERT. FOUNDATION REARING SUN REFINING & MARKETING COMPANY MISCELLANEOUS DETAILS & ELEVATIONS O"AWN SOD CHECKED I,/7/88 SC~L~ AS NOTED MAIN RD.& FACTORY AVE. MATTiTUCK, NY CATCB BASIN GUARDNAIL (1UR) -- NEW C,,O)~.,. ~l~ PAD WITH 6 HIGH FENCE o o RESTR9~4 HESTROOq ldO0 G~LLON STEEL . C~ FUEL OiL TANK (TBR) ()?l d~N~E ROLLY renata mloro~yga'& I ) W m PI~ B~J~ ~ULCH BE LANOSE~G TO ]METAL NCW~ROROORO ELECTRICAL & ~ ]46.00' (TBR) N48° 57' 30"E O00OO OOO If SEPTIC TANK (TBR) --DRYWELL (TUR) ~ ~ STORAGE/UTILITY ~F£E NEW 36'X 5,1'F000 MARKET BLIILI)~G SALES ~mEA 0000000000 -REFUSE BIN iTBR) ,,(/ , JINSTALL NEll TO 8LDG* 0 Q Q 0-i... ]NSTALL DECADE 24~ CONSOLE, SWITCHES, PILOT LIGHTS & INTENCOR ASSUM~ ~ CONCBASE, LI~.IT POLE & //Q Et~RGENO' BTO~ OtlTTOR, POWER DOWN IBM ~- IP,,AI~T WHITE LI~S FOR SYSTEM 140~. s~ nx~} mTn L~Ut~S~ ,/ YARD DRAIN (TBR) ~ , ) ': ~ /RELOCATE EXIST. I INETALL NEW CONCRETE $1~WALK ---, / F YEWS.Toxcew~dr&SLil~lOOH~L ) / ,,,,,,,,'~- 1Y,~mO~i , BITLI,tI~PAVINE J OF L~J'IDS~~ } / ,,/~x~_JI~TALL ~ll 4' ~'X · BITUMINOUS DRIVE (TR) lO00 GALLON STEEL  , , WASTE OIL TANK (TBR) "~ i rr · .,..'" l~C ~AN L~ I ~ ~ 36 X 53 CONCRETE MAT (TBR) ] · p . . ~/ ~ DRYNELL (TR) ~ II ., (3) 6000 GALLON ~ ~ -- ~ BISPENSERS & ~IOSK (TBR) ........ ~ // · r JF1NST~L (24)SARGENT J~S ~TH ~I~ SagemP & SURROUND E B~ ~CH. B~ANCE OF ~C~ TO BE NEW S~ NEw TEST WB.L ~R NEW 4' X 4' CONCRETE PAl) wALL I FIBERGLASS TWI~I(~ OOLI~LE WALL I mmOL~SS P~ & ~'x ~'x ICoRC. MAT NEW VAPOR RECOVERY & ANNULAR S~ASE MOR~Tm~ vrmT mSERS ItSBE OWB. ]-qm J - AiR TOWBB ITRI REM YNKIR R[COVERY J MANIFOLO (SEE ~ 3-414) J NC! CONC. SASE, LIT POLE & J J4OOW. S.M.B. FIXTL~S) WlTR LAI~SiI 13 - ~/ JWELL$ ISlE OWE. 3-WI~ INETALL RB SARGENT JUniPERS 'Junl~rue Sageotr &SURRD PIlE ~ MUI.CH. BALANCE OF LANOSCAI~ TO BE I~W $~ I NCW CORC. BAS~ LIURT POLE & 40OW, S,M,H, FD(TURE(S) WITH LU/P(S) NEW ~ B~SE, POLE & ,~ $O. FT.I SUNDC0 POO0 H~KET SIGN WITH I ~ ~O. FT, INT. ILL. PRICE SIGN ENTRE yARD TO RECEIVE NEW BIT~ SEALCOAI / / GONG. BASE, LiGHT POLE /~ ~ FIXTORE (TBR) u Q SHRUBS (TR) ©© /' I4OOW..SJLtL FIXTOREIS) WiTH b~lPlS) ---~ ---,~-F-7~/' CONG. APPROACH (iBfl CONG. BASE, LIGHT POLEz FIXTURE (TBR) / ~-~--~POLE (THY ~ 22'- O" 27'- O" ~. TO ¢. DA~KFILL T/~i( MOLE AND ~T TO ~Z WITH E~NEER~R~EO "~ SHRUBS / s (TBR) NElALL NEW ~, I C~. ~ l- -,- - - 18 SECTi /_ - - CONG, WALK (TBR) 29'- O' CANOPY COLLMG IN AREA BE TANK REMOVAL I~JST GO TO F~ ~ & (B) DISPENSERS (TBR)' 22'- O' 27'- O' [ TO [ IOy- O' C~IOPY NEW 4' PVC DRAIN LII~ CARRY CANOPY ROOF AND T~E S48° 57'30"W GRASS AREA (TR) iNSTALL 12I ~ RED I~,PLE TBE. ES 'Aoer Rubrum 2 I/~'- & S~ WITH PINE I)~RK GONG. SIDEWALK (TR/ ~f Serve 27'- O' t TO { ~UTILITY POLE (TR) CONG. GUTTER (TRI DUARDRAiL (TR) ~,,, GONG, SWALE (IR) ,.Jo I DRYWELLS (TR)~,x /-- /'7 ..... { / 39'- O' TO ~T '~ ~' ~ CLaN ALL q DP DIAMOND q S~GN (TBB) PHONE BOOTH q C~C. N ~,~ F~TUREIS) ~ITH q BASE, UGHT POLE, FIXTURE & PRICE SIGN ~TBR) CONCRETE APPROACH ITR) INLET fiR) IINSTALL (B NE_W, RED MAP,L.E, TREE , H'Acer Rubrum 2 V2'- 3 GAL, , .~.~'~. / J& SURROUND WITH PINE 8ARK I~LCH LEACHING BASIN (lB)~ ~5' O" THiS DRAWING IS AND SHALL REMAIN THE PROPERTY OF SUN REFINING AND MARKETING COMPANY. USE. REPRODUCTION OR ALTERATION OF THIS DRAWING WITROUT TFIE EXPRESSED WRITTEN PERMISSION OF BLJN REFINING AND MARKETING COMPANY IS PROHIBITED. COLUMN GRAOE SCHEDULE zr~ ~LU A B C 8 E F C-2 C-'3 C'~ C ~ I . ~', LEGEND (TR) TO REMAIN (TBR) TO BE REMOVED O0.O0 EXISTING GRADES ,OF~:~ PROPOSED GRACES S,M,H, SUPER METAL HALIDE MGB MULTI-GRADE BLENDER DISPENSER C,O. CLEAN-OUT F FILL MANHOLE ES ELECTRONIC SENSOR MANHOLE EV EXTRACTOR VALVE MANHOLE S/P SUBMERSIBLE PUMP IMANROLE O GAUGE MANHOLE ASM ANNULAR SPACE MONITOR CONG. CURB (TR) ::--- GONG. CURB (TBR) ~ NEW 6'GONG. CURB REFERENCE DRAWINGS MISCELLANEOUS DETAILS & ELEVATIONS 13 1318*M EMERGENCY STOP/START & DISPENSER SHUT-gOWN SCHEMATIC B~320 INTERCONNECIION WIRING DIAGRAM FOR MG8 "3% 2-324 EXTERIOR ELECTRICAL - SUNOCO FOOD MARKET WITH MCB'S 2-339 STANDARD FIBERGLASS PIPrNG - DOUBLE WALL TANKS 3-414 STD. FIBERGLASS PIPLNG & MATT, SERED.- DOUBLE WALL FANKS 3-415 STD. FiBERGLASS TANKS - DOUBLE WALL TANKS (SUFFOLK CO,) 3-417 DOUBLE WALL PiPiNG DETAILS 3.419 STAGE Il VAPOR RECOVERY PIPING & DETAILS - IREALY CENTRAL SYSTEM) 3-422 EXTERIOR CONCRE1E DETAILS 4-50l 36' X 53' MODULAR BUILDING FLOOR PLAN {SHT, 3 OF 18) S-3 36'X 53' MODULAR BUILDING PLUMBING PLAN (SHT. IIDF 183 P-I 36'X 53' MODULAR BUILDING PLUMBING PLAN {SH F. IB OF 18) P-2 SD' X 53' MODULAR BUILDING ELECTRICAL PLAN (SRT, lB DF 18} EL-[ REV, 2 REV, B REV, 0 REV. I REV. 4 REV, 4 REV. 3 REV, t REVJ REV. 3 REV. B REV, O REV, U REV. O REV. B REV. B REV. B SUN REFINII'qO & MARKF~TINC~ COMP,,~d'~Y PkLl..,,L. lrkl ,,: PA PLOT PLAN MAIN RD. & FACTORY AVE. MATTiTUICK. NY WCK 12/30/87 ~L~NACERS APPROVAL 13-13 $F:> REV. NO, 3 / L [" ~', LEGEND ~ ,~ ~' I~,~ [: ? , ~ ............ T ~ RC FOR SPEAKER l' CLEAR ~ MI II III: a' CLEAR ~ MI Il )J ~ B' CLEAR [ ' ' : ' 7,~ ~ SFN SIGN ASSEMBLY . L CANOPY INFORMATION ~:. _ , ENO ELEVAT N FA~IA BLUE N D'UE LETTERS , , BLUE BACKROUNB ................ 1' LETTERS WM[TE 23 S.F. ~ ~ WH[TE LETTERS t.' ~ / J L J L--J PANELS ~-a ,, ,, ,, ...... ~, [ FRONT ELEVATION - 3~'X i~3'CANOPY ~'" ]: ' ~' X 66' S~O F~D MARKET 3'X 4' H~NI)HOLE WITH COVER - ~ -- ~ IOROUND WIRE BHRLL BE H)~"DIA REBAR THE COVFR PLATT) , ' , I'TDNDUII TO HANDHDLE I2 .C,X 44 LORG (COROUIT HU~T BE IN W/ g' LEG 4' THO. PROJECTION ~ MAT F~ATION ~ ~ /~ 16 X ALTERNATE - STANDARD CONCRETE FOUNDATION SIDE VIEW .,~ ~ -ANCHOR BOLTS ~LTERN~TE, TOP VIEW - SI~ND~RD CONCRE ~, r . DRILL i~'DIA. HOLES FOR 1' TOP VIEW AUGER FOUNDATION (SEE PLO1 PLAN & SPECSJ COL& BASE PLA~E ~-- FOR ELEV. OF FIN, GRAD~ ~l TOP OF FOOTING . , TOP OF ' ~ ~ r ~FIRGT POUR (211" CONDUITS I SUN REFIN~G MISCELLANEOUS DETAILS & ELEVATION - ' MAIN RD.& FACTORY AVE. MATTITUCK, NY ER POST & FOOTING 2 PLACES) P.S.I, CONCRETE SLAB 4'CRUSHED STONE BASE SEFT]C TANK & SEEPAGE PIl DRY BIN m I I I / -- STEEL GUARD RAIL 83'- G" / i '.~'0 ....,....,..,..~ / I ~//~ DRY/ WELL 14'- 4' 25'- 2' BITUMINOUS DRIVEWAY /'2 CONC. APPROACH / ,y r I N48° 57'50'% 146.00' · · _ J 3 BAY SERVICE STATION ~'X G6' BU]LDING 00~0 0 000 0 0 ,, × Poo % BI%HINDDS DRIVEWAY .44.12 BITUM)NDUS DRIVEWAY 3 DISPENSERS (3) 10,000 GAL 4~' X 4~' CON£, MA1 -- ~36' X 53' CONCRETE MAT (2) 4' X 24' CONC, ISLANDS WITH T LIGHT FIXTURES ~0' I· \ ,, \ \ \ 0 0o 0 0 O~ ~ 6 DISPENSERS BITUMINOUS DR: EWAY \ ,\ \ · 198.00' ~'~ ........................................... .~. ...................... =..=~ ....... -- SHRU(~ 12G'- 1' 25'- ~' SHRUBS SUN I~EFINING & MARKETING COMPANY PMl.,A~,lpki,~, PA EXIST{NC CONDITIONS PLAN MAIN ROAD & FACTORY AVE, M~TTITUCK, NY