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APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71
TELEPHONE (516) 765 1809
ACTION OF THE BOARD OF APPEALS
Appl. NO. 3782:
Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. for a Variance
to the Zoning Ordinance, Article VIII, Section 100-80 for
permission to convert existing building to retail (grocery)
store, which is not listed as a permitted use in this "C-Light
Industrial" Zone District, in addition to the existing sales use
(of gasoline and diesel) and proposed new building for
automobile servicing.
Location of Property: South Side of Front Street (Route
25), Greenport, NY; County Tax Map District 1000, Section 45,
Block 6, Lot 5.
At a Meeting of the Zoning Board of Appeals held on
November 16, 1988, the following action was taken:
WHEREAS, a public hearing was held on October 26, 1988
under File No. 3782, filed September 26, 1988; 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, applicants request a Variance
under Article VIII, Section 100-80 for permission to convert
existing automobile service station/public garage building to
retail (grocery) store, which is not listed as a permitted use
in this industrial zone district.
Page 2 - Appeal No. 3782
Matter of JOSEPH A. STOCKEN/M & N AUTO,
Decision Rendered November 16, 1988
INC.
The use of this existing building is proposed to be changed to a
grocery market with office and storage, in conjunction with
retail gasoline sales, as more particularly shown on the
August 4, 1988 Site Plan Map prepared by Garrett A. Strang, R.A.
2. The property in question is:
(a) located in the "C-Light Industrial" Zone District;
(b) contains a total lot area of 1.38+- acres {58,279
square feet);
(c) improved with a 51' by 80 ' one-story
cement-block building and two gasoline pump islands, all as more
particularly depicted on the August 4, 1988 Site Plan Map;
(d) identified on the Suffolk County Tax Maps as
District 1000, Section 45, Block 6, Lot 5;
(e) in the ownership of M & N Auto, Inc.,
Claudio and Carol Giovannelli in Deed dated October
Liber 9673 cp 46.
conveyed by
29, 1984 at
3. For the record it is noted that by letters dated
October 17, 1988 and September 19, 1988, the Planning Board has
coordinated its comments under the pending site-plan review.
4. Also noted for the record are the previous actions
under No. 257 rendered March 14, 1960, No. 357 rendered May 17,
1961, No. 624 rendered January 23, 1964, and No. 3783 rendered
simultaneously herewith, by the Board of Appeals concerning this
property and its uses.
5. The current zoning code permits such retail stores in
the "B-Light Business" and "B-1 General Business Zone Districts,
subject to site-plan approval by the Planning Board. With the
exception of agricultural operations and construction owned or
operated by the Town of Southold, all uses in this Zone District
are (also) by Special Exception (see subsection 17, and
simultaneous action of this Board under Appl. No. 3783 for
Special Exception uses.
6. In considering this application, the Board has: (a)
considered items {a) through {1) of the zoning code; (b)
determined the use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent-use
districts; (c) determined the safety, health, welfare,
comfort, convenience, and order of the town will not be
adversely affected by the proposed use and its location; (d)
Page 3 - AppL No. 3782
Matter of JOSEPH A. STOCKEN/M & N AUTO,
Decision Rendered November 16, 1988
INC.
determined that the use is in harmony with and will promote the
general purposes and intent of zoning since this is a use
permitted by legislative action and will meet the requirements
of same under the zoning code, subject to site-plan action by
the Planning Board.
7. It is also the understanding of this Board that this
project will be in compliance with Section 100-62 of the Zoning
Code as to minimum lot area for uses commonly referred to as
"shopping centers," for multiple uses
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief as applied and referenced
above, in the Matter of the Application of JOSEPH A. STOCKEN/M &
N AUTO, INC. under File No. 3782, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. Compliance with conditions rendered under simultaneous
application No. 3783 in the Matter of Joseph A. Stocken and M &
N Auto, Inc.
2. In the event it is found that the subject premises are
being used in a manner other than that permitted by this
approval, or by the zoning ordinance, or are in violation of
these conditions or the zoning ordinance, the Board of Appeals
may automatically terminate the relief granted hereunder;
3. Parking areas, plantings, screening, curb cuts, shall
be as designated by the Planning Board under its site-plan
regulations (Article XIII).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Grigonis
{out-of-state}). This resolution was duly adopted.
RECEIVED AND LED BY
THE SOUTHOLD TO¥;N Cr,F, K
HOUR
Town Clerl(, To n of Southold
GERARD P. GOEHRINGER, ~AIRMAN