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ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3633-SE
Application Dated May ]3, ]987
TO: William D. Moore, Esq.
Moore & Moore as Attorneys
TARTAN OIL CORP.
Main Road, Box 23
Mattituck, NY 11952
for
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held onMay ]2, ]988,
the above appeal was considered, and the action indicated below was 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 VII , Section ]00-70(B)
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of TARTAN OIL CORP. for a Special Exception under
Article VII, Section lO0-70(B) of the Zoning Code for approval of
the establishment of a partial self-service gasoline station.
Location of Property: South Side of Main Road, West Side of
Marratooka Lane, and the East Side of Sunset Avenue, Mattituck,
NY; 1000-115-3-9. Zone: "B-l" General Business.
WHEREAS, public hearings were held in the Matter of the Appli-
cation of TARTAN OIL CORP. under Appl. No. 3633 on February 18,
1988, and April 14, 1988; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and written statements
have been submitted for the record in favor and in opposition of
the pending application; 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:
l. This is an application requesting a Special Exception
under the Provisions of Article VII, Section lO0-70(B) of the
Zoning Code for the approval of newly added self-service
pumping stations in conjunction with a previously established
full-service gasoline station.
2. The property in question is located in the "B-l"
General Business Zoning District and is identified on the
Suffolk County Tax Map as District 1000, Section 115, Block 3,
Lot 9, containing a total area of approximately 34,700 sq. ft.
(CONTINUED ON PAGE TWO)
DATED: May 12, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3633-SE
Matter of TARTAN OIL CORP.
Decision Rendered May 12, 1988
3. The subject premises fronts along three streets as
follow: along the south side of the Main Road (or State
Route 25) 201.82 feet; along the west side of Marratooka Lane
185.95 feet; and along the east side of Sunset Avenue 158.89
feet. The premises is surrounded by properties zoned "A"
Residential and Agricultural.
4. For the record, the following historical
concerning the premises and previous construction
upon information and belief:
information
is noted
(a) During 1956, the premises was improved with an
one-story frame building set back 21 feet from the northerly
front property line [along the Main Road] and 71± feet from
the easterly front property line [along Marratooka Lane],
as more particularly shown by survey prepared by Otto W.
VanTuyl & Son surveyed June 8, 1956. Although there is no
gasoline pump shown on this 1956 survey, it is the Board's
understanding that that building was used as a gasoline
sales office and minor vehicle repairs, and that one gasoline
pump or island existed to the north of that building.
(b) Some time subsequent to 1957, the building
was removed, and another building was placed as more
particularly shown on the June 15, 1970 Survey prepared by
VanTuyl & Son which shows setbacks from the northerly front
property line at 60 feet and from the easterly front
property line at 40 feet. The record is unclear as to
whether or not this building was constructed under a
building permit and approval by any other town departments.
Town records do show that the subject premises during 1970
was zoned "A" Residential and Agricultural, and that a
gasoline-service station was not listed as a "permitted
use" [except in the "B-I" Business Zone District] since
April 1957;
(c) On or about June 7, 1965, the Zoning Ordinance
provisions for the "B-l" Business District were amended to
require a Special Exception approval by the Board of Appeals
for a building or premises to be used as a gasoline service
station or public garage [Section 420-2];
(d) On or about November 23, 1971, the Zoning Maps
were amended to include the rezoning of this property from
"A" Residential-Agricultural to "B-l" General Business, and
including the requirement for Site-Plan approval by the
Planning Board in addition to Special Exception approval by
the Board of Appeals, etc.
(e) No town approvals have been found during the
above time periods for the newly located building and/or
site as existed since its change in 1986 to the present time.
(f) The record is unclear as to issuance of
permits for the commercial building and site prior to 1970;
(g) During 1986 or thereabout, the site and
building were changed, and as of this date, site-plan
approval has not been received from the Planning Board
as well as other zoning criteria which have not been
complied with, as follows:
Page 3 - Appl. No. 3633-SE
Matter of TARTAN OIL CORP.
Decision May 12, 1988
l~ extensive blacktopping, eliminating natural
wooded areas and other natural landscaping;
2~ relocation of one gasoline island from the
previous location to a point l0 feet from the northerly
property line;
approximately
yard area;
3. creation of a second gasoline island
19 feet north of the building in the front-
4. relocation of air pump in the westerly
front yard area;
5. creation of new colonnade with roof of
a size 24' wide by 59' deep in the frontyard area with an
insufficient setback of two feet [2'] from the northerly
front property line, and extending over existing building;
(Article VII of the Zoning Code requires a minimum setback
for buildings at not less than 35 feet from the front lines);
6. strucutural alterations of building,
including, but not limited to, removal of two garage vehicle
overhead doors, placement of large picture window(s), new
store front, etc.
7. new placement of three or more pole
lights which create glare beyond the lot lines;
8. new placement of florescent (unshielded
wall lights along the sides of the existing building for
a total running length of approximately 36 feet which do
appear to be adverse to surrounding properties when used in
conjunction with the overhead lighting under the roofed
colonnade and the separate lighting poles;
9. conversion of garage bays and front
office area into a retail store for sales of beer,
prepared foods, and other items which are not incidental
or accessory to the gasoline-service station use [see
this Board's action rendered under Appl. No. 3633 same
date hereof].
10. location of a
booth at the most northeasterly
near the Main Road;
glass-enclosed telephone
corner of the premises
ll. placement of new ground signs at
the most northeasterly corner of the premises near the
Main Road.
5. Also noted for the record is a Certificate of
Occupancy for Nonconforming Premises #Z14455 dated
May 30, 1986 which appears to have been based on the
June 8, 1956 Survey of Otto W. VanTuyl & Son for the
premises and building as existed prior to 1957, but
which does not apply since the building referred to
has been removed from its original footprint, based upon
information submitted.
Page 4 Appl. No. 3633-SE
Matter of TARTAN OIL CORP.
De~§~on Rendered May 12, 1988
6. Based on the facts in the record, it appears
that the applicant proceeded, as noted above, without
appropriate authorizations. The Board notes that
there appears to be several areas of noncompliance under
the Zoning Code (including but not limited to Article VII,
Sections 100-70, lO0-71, Bulk and Parking Schedule,
Article XI, Section lO0-119, Article XIII, Article XIV), for
the subject self-service gasoline pump islands as required
by Article VII, Section lO0-70B, which reads in part as
follows, as well as other site plan elements (Art. XIII):
the
100-70 -B. Uses permitted by special exception by the
Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals, as
hereinafter provided, and, except for the uses set
forth in Subsection B(7) hereof, are subject to
site plan approval by the Planning Board in accord-
ance with Article XIII hereof:
4. Public garages, gasoline service stations,
all subject to the following requirements:
(a) Entrance and exit driveways shall have
an unrestricted width of not less than 12
feet and not more than 30 feet, and shall
be located not less than l0 feet from any
property line...,
(e) No gasoline or fuel pumps shall be
located less than fifteen feet from any
street or property line.
5. Partial self-service gasoline service
stations shall be subject to all of the
provisions of 100-70B(4) [above] and subject
to the following requirements: (a) through
(g) [inclusive]~
7. In researching Town records, it is noted
only building permit issued appears to be for the
of the "canopy" under Permit #15833Z issued April
that the
construction
l, 1987.
8. Also in considering this application, the Board also
determines:
(a) that the use will adversely
health, welfare, comfort, convenience and
[as noted above];
affect the safety,
order of the Town,
(b) that the use is
general purposes, regulations,
[Zoning];
not consistent with the
and intent of Chapter 100
(c) that the use will prevent the reasonable use
of adjacent or nearly residential properties;
(d) that the use will cause disturbing electrical
discharges, light, vibration, and noise.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Doyen, it was
Page 5 Appl. No. 3633-SE
Matter of TARTAN OIL CORP.
Decision Rendered May 12, 1988
RESOLVED, due to the deficiencies under the zoning
ordinance for the existing building and structures, and
for the proposed use and structures, that the application
in the Matter of the Application for TARTAN OIL CORP.
under Appl. No. 3633, must be and hereby is DENIED
(WITHOUT PREJUDICE to future applications); and be it
FURTHER RESOLVED, that the applicant/property owner
upon receipt of this decision be and hereby is notified
that all improper operations should cease and desist
immediately.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Douglass and Grigonis. (Member Sawicki was absent.) This
resolution was duly adopted.
lk
GERARD P. GOEHRINGER, ~AIRMAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWH CLERK
Town Clerk, Town of Southold