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HomeMy WebLinkAbout3636 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOI-D, /.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS May 19, 1987 Appeal No. 3636 Application Dated 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 on May ]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 , Section [×] Request for Variance to the Zoning Ordinance Article VI , Section ]00-62(8) [ ] Request for Application of TARTAN OIL CORP. for a Variance to the Zoning Ordinance, Articles VI, Section 100-62(B), Article VII, Section lO0-70(B), for an Interpretation of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station. Location of Property: South Side of Main Road, West Side of Marratooka Lane, and East Side of Sunset Avenue, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 9. Zone District: "B-I" General Business. WHEREAS, public hearings were held in the Matter of the Application of TARTAN OIL CORP. under Appl. No. 3636 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 WHEREAS, 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 familar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Bo6rd made the following fiddings of fact: 1. This is an application requesting: (a) an Interpreta- tion of Article VI, Section 100-62(B) referring to shopping centers; and (b) as an alternative, a Variance to the Zoning Ordinance, Article XII, Section 100-122, from the one-acre lot requirement for a retail shopping center. 2. The property in question is located in the "B-l" General Business Zoning District and is identified on the Suffolk County Tax Maps 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. CHAIRbiAN, SOUTHOLD TOW/q ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appl. No. 3636 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. The following information is furnished concerning the premises, the existing building and structures, and previously existing construction for the record: (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-l" 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 durin9 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. 3636 Matter of TARTAN OIL CORP. Decision Rendered May 12, 1988 1. 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 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 glass-enclosed telephone booth at the most northeasterly corner of the premises near the Main Road; 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. 3636 Matter of TARTAN OIL CORP. Decision 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 appear to be several areas of noncompliance under the Zoning Code (including but not limited to Article VII, Sections 100-70, 100-71, Bulk and Parking Schedule, Article XI, Section 100-119, Article XIII, Article XIV), such as setbacks, site-plan consideration and approval by the Planning Board, appropriate screening from the residential properties, appropriate traffic access and safety considenation, building and sign permits, unobstructed corners at each intersection, curbing, shielded lighting). 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. Article VI, Section 100-62 of the Zoning Code reads as follows: 100-62. Retail Shopping Centers. Notwithstanding any other provisions of this Article, a building or a combination of buildings containing retail stores, mercantile establishments, offices, banks and financial institutions, commonly known as shopping centers, may be erected or altered in the B Business District, subject, however, to the following requirements: A. Approval of site development plans by the Planning Board in accordance with Article XIII hereof. B. The lot area shall be not less than one (1) acre and the lot width shall be not less than one hundred fifty (150) feet. C. At least twenty-five percent (25%) of the lot area shall be landscaped with grass and plantings. D. The required front yards shall be not less than thirty-five (25) feet, except that where the property is in the vicinity is partly built up with permanent buildings and an average setback line has been established, no building shall project beyond the line of the average setback so established. E. The required side yards shall be not less than twenty-five (25) feet. F. The required rear yard shall be not less than twenty-five (25) feet. G. Parking shall be provided in off-street parking areas which shall provide one (1) parking space, three hundred fifty (350) square feet in area, for each one hundred (lO0) square feet of sales floor area or office floor area in each buildings. H. All rainfall and stormwater accummulated on the premises shall be returned to the ground within the boundaries of the premises. I. The total floor area for each retail or service establishment located therein shall not exceed ten thousand (10,000) sq. ft. Page 5 Appl. No. 3636 Matter of TARTAN OIL CORP. Decision Rendered May 12, 1988 9. It has been noted as part of the applicant's testimony that the subject variance should be granted based upon a prior Appeal rendered April 23, 1987 under Appl. No. 3618 for premises now or formerly of Sukru Ilgin. Under consideration before the Board at that time was an area variance for approval of a convenience store for the sale of packaged and non-food items (without food preparation or on-premises food services/~ in conjunction with the existing gasoline station with minimal floor area for retail sales (less than 700 sq. ft.). In that application an interpretation was not requested, and a conditional variance was granted for the small-scale retail sales area and further required that the use be related, ~'accessory and incidental to the existing gasoline station use." There is no interpretation of record by this Board determining any retail use to be an accessory use to a gasoline station. 10. It is the interpretation of this Board that the definition of a retail shopping center is clearly deemed to be "a building" or a combination of buildings" containing retail stores, mercantile establishments, offices, banks and financial institutions, and that a retail convenience store use, for the purposes of selling prepared foods, alcoholic beverages, prepack- ages foods, and many non-food items, is not necessary for the operation of a gasoline-service station, and therefore is not an accessory use incidental thereto. ll. The application requests, as an alternative, a variance for the retail store, on less than the required 43,560 sq. ft~ of lot area. The lot in question contains a lot area of 34,700 sq. ft., and the amount of relief requested is approximately 8900 sq. ft. 12. The amount of floor area for the retail sales convenience store has not been furnished. 13. The site plan submitted has not been certified to comply with Subsections A, C, G, and H of Article VI, Section 100-62 noted above and appears deficient. No information has been furnished as to compliance with Article XI, Sections C, D, K, loading and unload- ing. 14. In considering the variance requested, the Board finds: (a) the variation is substantial in relation to the requirements, being 8900± sq. ft. or 20% less than the requirement; (b) a substantial change will be produced in the character of the residentially-zoned neighborhood; (c) a substantial detriment will be created to adjoining residential properties; (d) strict application of the ordinance will not prevent a reasonable return upon the property for the Page 6 Appl. No. 3636 Matter of TARTAN OIL CORP. Decision Rendered May 12, 1988 existing use or other use permitted in this Zone District; (e) the project as submitted is not in compliance with all other zoning regulations of the Town of Southold; (f) the variance, if allowed, may cause traffic hazards at both street intersections, and accordingly will be adverse to the health, safety, order, convenience and welfare of the town; (g) in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by denying the variance, as applied, without prejudice. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, in the Matter applied. to DENY the Application under Appl. No. 3636 of TARTAN OIL CORP. WITHOUT PREJUDICE, as Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk GERARD P. gOE~R~'NGER, C~MAN RECEIVED AND FILED BY THE SOUTHOLD TOWN Town Clerk, Town of Southold