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HomeMy WebLinkAbout3596 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3596-55 Application Dated December 26, ]986 TO: William D. Moore, Esq. as Attorney for TARTAN OIL CORP. 370 Terry Lane Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on March 5, ]987, 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)[4 & 5] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of TARTAN OIL CORP. for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[4 & 5] for permission to establish a partial self-service gas station in conjunction with full-service gas station approved 6/29/72 under Appl. No. 1584. Loca- tion of Property: 32400 C.R. 48, Peconic, NY; County Tax Map Parcel No. 1000-74-4-7.1 (6 & 7). WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of TARTAN OIL CORP., Application No. 3596; 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. This is an application for a Special Exception as permitted by Article VII, Section lO0-70(B), Subsections 4 and 5 of the Zoning Code for a partial self-service gasoline, kerosene and diesel pumping station. 2. The premises in question is located in the "B-l" General Business Zoning District, containing a total lot area of 34,029 sq. ft. with 194.54 ft. frontage along the south side of Middle Road (a/k/a C.R. 48), Peconic. 3. Requested by this application is the use of: (a) self-service pumps for sales of regular, unleaded, and premium gasoline, on two existing islands located at the westerly portion of the premises with minimum setbacks of 69 feet from the front property line [along C.R. (CONTINUED ON PAGE TWO) DATED: March 5, ]987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appl. No. 3596SE Matter of TARTAN OIL CORP. Decision Rendered March 5, 1987 48], 48 feet from the west side property line, and 100m feet from the rear (south) property line; (b) one self-serve kerosene pump, presently full service; (c) one self-serve diesel pump, presently full service; (d) overhead canopy; all as shown by Site Plan amended January 29, 1987, prepared by Merritt H. Deutzman, P.E. 4. The subject premises is improved with the following structures: (a) full-service island with gasoline pump, just east of the existing service building; (b) new 20' by 32' service building set back approximately 71 feet from the front property line [along Middle Road]; (c) one kerosene pump and one diesel pump, both presently full service; (d) two islands just west of the existing service building; (e) overhead canopy, all also as shown on site plan amended January 29, 1987, prepared by Merritt H. Deutzman, P.E. 5. For the record it is noted that conditional approval was granted by the Southold Town Planning Board August 25, 1986 con- cerning the Site Plan, and conditional Temporary Certificate of Occupancy No. Z15158 and Building Permit No. 14696Z were issued concerning these premises. 6. It is also noted for the record that it is the understanding of this Board that the service building will be used for office and sales area incidental to this gasoline service station and will not be operated as a separate business use or entity. By letter dated December 23, 1986, the Town is assured that no foodstuffs requiring a food-service permit from the County Health Department will be offered for sale. 7. It shall be understood further that this project must comply with those conditions set by the Board of Appeals June 29, 1972 under Application No. 1584 for the construction of a gasoline service station, including but not limited to items (b), (c) and (f) thereof: (b) Vehicle lifts or pits, dismantled automobiles, and all parts or supplies shall be located within a building; (c) All service or repair of motor vehicles other than such minor servicing as change of tires or sale of gasoline and oil, shall be conducted in a building; (f) No motor vehicle sales, used car lots, gasoline services or repair shops, or similar businesses, are to be located within 300 feet of a church, public school ... or within 300 feet of any residence district. In considering this application, the board also finds and determines: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goeh- ringer, it was RESOLVED, to GRANT a ~pecial Exception in the Matter of (CONTINUED ON PAGE THREE) Page 3 - Appl. No. 3596SE Matter ofS~RTAN ~IL CORP. Decision Rendered March 5, 1987 the Application of TARTAN OIL CORP., No. 3596, for the estab- lishment of self-service gasoline sales on the two existing pump islands on the westerly portion of the subject premises as shown on Site Plan amended January 29, 1987, SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception is limited to the two islands on the westerly portion of the premises (as exists) for the sole purpose of selling regular, unleaded, and/or premium unleaded gasoline; and is not to include self-service pumps for the kerosene or diesel pumps requested; 2. No food service or preparation of foods, as proposed, except by additional applications to this Board pursuant to Article VI, Section 100-62, the Planning Board, County Health Department, and any other agency having jurisdiction thereof; 3. No additional structures or buildings, nor increase of sales/office area, without re-application for consideration to both this Board and the Planning Board, and any other department or agency having jurisdiction thereof. 4. Prior Conditions under Special Exception No. 1584 rendered June 29, 1972 for the operation of this gasoline service station. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolu- tion was duly adopted, lk .- 0 INGER, ~AIRMAN March 10, 1987 Tewn Clzrk, Tot':n cf i-'m- · NOTICE OF HEARINGS I~OTiCE IS HEREBY GIVEN ~ pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD ~O~N BOARD OF APPEALS at the Southold Town Hall~ Main Road. Southold, NY at a Regular Meeting~ THURSDAY FEBRUARY 5~ 1987 at the following times: 7:35 p.m. Appeal ~ 3601 - MARC ARET AND JOSEPF~ BEST. Variance to the Zoning Ordinance, Article X1. Section 100-119.2 for permission to construct addition at the southerly side of existing dwelling with an insufficient setback from bulkhead along tidal water area. and to Section 100-3l, Bulk Schedule, for an insufficient setback frorn the rear property line~ a~ premises located along the south side of a private right-of-way (extending off the east side of Camp lViineola Road), Mattituck. NY; County ]Fax Map Parcel No. 1000- 123-06-17. 7:40 p.m. Appeal No. 3599 - SAMUEL S~ COHEN. Variance to the Zoning Ordinance~ Article III, Section 100-32 for permission to construct accessory garage structure, for storage and garage pur- poses, in the front and side yard areas: premises located along the south side of a private right-of-way [extending off the south side of Indian Neck Road) ~ Peconic~ NY~ County Tax Map Parcel No. I000- 98-5-18. 7:45 p.'m. Appeal No. 3598 - DANIEL AND IRENE McKASTY. Variance to construct swimmingpool with fence enclosure and cabana within 75 feet of existin9 bulkhead along tidal water, requiring a Yariance fo the Zoning Ordinance, Article XI, Sect'on 100-ll9.2. Lpcat£gn of Property: 13220 Main Road, East Marion, NY; County Tax Map Parcel No. 1000-3l-k4-12. 7:50 p.m. Appeal No. 3595 - DONALD J. GRIM. Variancet~ the Zonin9 Ordinance~ Article IX. Section 100-90~ I00-93, Bulk Schedule~ for permission to construct two-story building for office use incidental to principal use of the premises with an insufficient frontyard setback in this "C-l" Heavy industrial Zonin9 District. Location of Property: Lot No. 2, lViinor Subdivision No. 450; South Side of Oregon Road~ Cutchogue, NY~ County Tax Map Parcel No. 1000-83~ 3~ part of Lot 4.4. Containing 4.59 acres. Page 2 - Not~ce of Hearings Southold Town Board of Appeals Regular Meeting of February _5 ~ 1987 7:55 p.m. Appeal No. 3462 - HERBERT R. MANDEL. Variances to the Zoning Ordinance, Article III~ Sections [O0-30A, 100-31, Column A-80. resulting from this proposed three-lot Minor Subdivision "HighPoint at East lVfaziOnn Section Three~ Inc." for: (a) lots having insufficient lot area; (b) lots h~ving insufficient lot depth; (c) Lot having insufficient lot width; (d) Lot 3 as proposed with structure having an insufficient frontyard setback: (e) Lots 2 and 3 as proposed each will contain structures that do not meet principal-use requi~nent for a single-family dwelling; (f) existing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary line. dividing Lots 2 and 3 running north and south). Location of Property 9355 Main Road, East lViarion: County Tax Map Parcel No. 1000-031-03-11. 25. Containin9 2. 918 acres. 8:05 p.m. Appeal No. 3590- THOMAS J. AND CATHERINE ZIB4MERMAN. Variance to the Zonin9 Ordinance. Article XI, Section [00-ll8E for permis- sion to construct addition co existing nonconforming structure which exceeds 50% of fair value of same as exists, at 265 Rochelle Place. Ylattituck~ NY; County Tax ~a~rcel No. 1000-144-04-09 and 08. Contair~9 a~0 an acre. 8:10 p.m. Appeal No. 3604 - ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law~ Section 280-a, ~or approval of access over private right-of-way [presently owned by Ei leen Villani)to other premi ses of the applicants identified as County Tax Map Parcels No. 1000-86-6-30 & 10. -/~ ~:i5[~.~n. Appeal No. 3596 - TARTAN OIL CORP. Special Exception ~o ~ the Zo mg Ordinance, Article VII~ Section 100-70B(4 & 5) for perm~sston to ~ establish a partial self-service gas station in conjunction with full-service gas station approved 6/29/72 under Appl. No. I584. Location of Property: _32400 C.R. 48~ Peconic, NY; County Tax lVfap Parcel No. 1000-74-4-7.l (6 & 7) 8:25 p.m. Appeal No. 3597 - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance~ Article III. Section 100-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane: Southold, NY~ County Tax I~tap Parcel No. 1000-65-7-20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting o£ February 5~ [987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Each hearing will not start before the time allotted. Written comments may be ,submitted prior to the conclusion of'the subject hearing~ For more informa- tion. please call 765-1809. Dated: January 24~ 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN Linda Kowalski, Board Secrotary/ Copies to the following 1/27/87: Peconic Development Corp. for the Bests, ~ox 594, Ylattituck~ NY [1952 Mr. William J. Jacobs, as Agent for IVlr. Cohen, Depot La, Cutchogue~ NY 11935 Mr. and Nits. Daniel McKasty. 368 Station Road, Bellport~ NY 11713 Mr. Donald J. Grim. 475 Jernick Lane~ Southold~ NY [197l A.A. Wic~cham~ Esq. as Attorney for Mr. Mandel. Box 1424, Mattituck, NY 11952 Mr. and Mrs. T.J. Zimmerman, 39 Eric La. New Hyde Park. NY 11040 Mr. and Mrs. R.A. Villani, 189 Old WestburyRd., Old ~festbury~ NY 11568 lf.D. Moore, Esq. as Attorney for Tartan Oil Corp.. 3?0 Ierry La., Southold~ NY ll97t lV~r. and IVlrs. R. Dier. 355 Terry Lane~ Southold. NY ll971 John lVl. ~ragner. Esq. as Attorney for ( ) , Box 2?9. Riverhead. NY 11901 J. Bievin lVicLaughlin. Esq. as Attorney for A. Blair, 828 Front St.. Greenport. NY 11944 Personal Delivery to: Suffolk Times and L.I. Traveler-Watchman Town Clerk Bulletin Board ZBA IVlembers ZBA Individual Files ZBA Office Bulletin Board FORM NO, 3 TO$~'q OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLB, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ................ ~' °"'~'°'t~ ~' '~-' '~' '_~' ...................... ... ~.~.., .~..~:. jj.,~ ~.i ....... PLEASE TAKE NOTICE that your application dated for pem~it to ~. p~,,~.a,...~,..O~.O~.k~.,C~.L~...r4h .......................... at Location of Property ...'~, V. ,d~,,.. ~ ·. ,~,,.. -~. ·: ....... (~,,~ ................... House No. Street Hamlet County Tax Map No. 1000 Section . .-./..~'-...~'z. ..... BlOck .... .0..7. ...... Lot .. :,O.[ ....... Subdivision .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .O,.~~... t'..o7~., .--..G..~.... ~~..0.,,~....~.~_.....?~,..o.,.~ .... ~ .q./~,.9.~.~,, ....... .......... .................... ..... Building Inspector RV l/aa TOWN OF SOUTHOLD APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NY 1 APPLICATION NO.~ DATE '~/~/~ TARTAN OIL CORP., a domestic corporation having its principal place of business at 150 Broadhollow Road, New York hereby applies to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100- 70B(4) and (5). LOCATION OF PROPERTY: 32400 County Road 48, Peconic Tax Map % 1000-74-4-7.1 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE: The establishment of a partial self-service gas station requires approval of the Zoning Board of Appeals in accordance with the above-referenced sections of the Southold Town Zoning Ordinance. The use of the subject property as a gasoline service station has already been approved by this Board. (Ref. Appeal % ). The Southold Town Planning Board granted site plan approval of the station on August 25, 1986. At the time Zoning Board of Appeals approval for the establishment of a gasoline station was requested a full-service gasoline station was contemplated. Due to changes in economic circumstances and the demands of the public this application is made for permission to provide partial self-service on the premises. The conditions on partial self-service operations which are set forth in section 100-70(B)(4) and (5) will be followed by the applicant. A qualified attendant will be on duty whenever the station is open to business to control and operate the console regulating use of all equipment. No gasoline will be dispensed without the direct supervision of the attendant who will be situated in such manner as to give the attendant an unobstructed view of the operation of the equipment. There will be controls on the pumps to permit their use only when the nozzle is removed from the bracket on the pump. There will be an automatic fire protection system of an approved dry powder release and there will be no latch-open devices on any self-service pumps. No customer shall be permitted to dispense gasoline unless he possesses a motor vehicle operator's license. Approval of the partial self-service method of operation is appropriate because the facility has been designed to accomdate such a use. Inclusion of partial self-service operation within the scope of the already approved use of the property as a gasoline service station will not prevent the orderly and reasonable use of adjacent properties or properties in adjacent use~'~stricts. Nor will the proposed use prevent the orderly and reasonable use of permitted or legally established uses in the district where the proposed use will be located. The proposed use will not adversely affect the health, safety, welfare, comfort, convenience or order of the town. The character of the use and development of uses in this zoning district will not be affected by approval of partial self'- service on this property. Nor will the proposed use adversely affect property values. Partial self-service will not unduly increase vehicular traffic congestion. In fact, self-service should help lower it by reducing the amount of time spent by patrons at the facility. Inclusion of self-service facilities on the premises will not effect the availability and adequacy of water and sewer resources. No additional noxious gases, odors, dust, light, vibration or noise will be created by approval of partial self-service facilities. No additional parking demands will be created by the proposed use and there will be no impact on any public parking or recreational facilities. The fire suppression system that will be installed will reduce risk of injuryand property damage. Partial self-service will not produce overcrowding or undue ooncentration of people on the property. The subject property is of sufficient size, and the facility has been designed, to a¢comdate partial self-service as proposed. BY: ' arry~lering, President_.~' STATE OF NEW YORK) COUNTY OF SUFFOLK) ss Sworn to this ~ day of , 1986 ~ FORME RE:. SEAS. VL. 2// $OUTHOLD PROPERTY RECORD.7 CARD Nd,;,'pff. ~ -Dm.; SUB. LO~ TYPE OF BUILDING 'iCOMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE ~2ooo o%600 AGE NEW FARM Tillable TiJlable 2 Tillable . 3 Woodland Swampland Brushland House Plof Total , BUILDING CONDITION NORMAL BELOW ABOVE ,70¸ Value Per Acre Volue ? FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK COLOR 'i 'M. Bldg. Extension Extension Porch Porch Breezeway Goroge Potio Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roon Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette' FiN. B. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKi Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11~71 TELEPHONE (516) 765-1809 Pursuant to Article XIII Board of Appeals of the Town the following to the Suffolk County Planning Variance from thq Zoning Code, Article of the Suffolk County Charter, the of Southold, New York, hereby refers Commission: · Section Variance from Determination of Southold Town Building Inspector Special Exception, Article VII, SectionlOO-70(B) (4 & 5) Special Permit XX Appeal No.:3596sEApplicant:?artan 011 Corp. Location of Affected Land: 32400 C.R. 48, Peconic, NY County Tax Map Item No.: 1000-74-4-7.1 (6 & 7) Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to establ±sh a partial self-service gas station in conjunction with full-service gas station approved 6/29/72 under App1. No. 1584 Copies of Town file and related documents enclosed for your review. Dated:March 12, 1987 Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March ll, 1987 William D. Moore, Esq. 370 Terry Lane Southold, NY 11971 Re: Appl. No. 3596-SE Tartan Oil Corp. (Special Exception) Dear Bill: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do or that of the questions. not hesitate to call either our office (765-1809) Building Inspector (765-1802) if you have any Yours very truly, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to: Building Department By Linda Kowalski Planning Board Suffolk County Planning Commission Hand Delivered 3/11/87 while in Building Dept. SOUTHOLD TOWN BOARD OF APPEALS MATTER OF TARTAN OIL CORP. THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING 8:30 p.m. Appeal No. 3596 - Public Hearing commenced in the Matter of TARTAN OIL CORP. Special Exception to establish partial self-service gas station in conjunction with full-ser- vice gas station approved 6/29/72 under Appl. No. 1584. 32400 CR 48, Peconic. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey indicating the entire piece which appears to be 194.54 feet on Middle Road and at its greatest depth it's 182.89. I have a copy of the site plan. By~ the way, that was produced by Roderick VanTuyl, P.C. The most recent date was February 6, 1985. And I have a copy of the site plan indicating the gas station as it presently has been constructed. And I have a copy of the Suffolk County Tax Map in- dicating this and surrounding properties in the area. Who would like to be heard on behalf of this application? Mr. Moore. MR. MOORE: I am here on behalf of the applicants, Tartan Oil. The appli6ation submitted was written with the requirements set forth in the ordinance in mind as well as the requirements set forth that the Board has to consider in granting the special ex- ception. I think our common experience has been that people are giving up full service and the four men use to come out and wash your windows, clean your headlamps and everything else, to save money. The Hess station in Riverhead is an example of that. The Hess station in Mattituck is an example. The price differential seems to be enough for people to want to forego that service for the break in price. We are presently operating a self-service under a temporary c.o. The equipment is all designed with the state of the art computerization. So that it is operated with the pay after the fact. And I am here to answer any questions you've got about the self-service portion. The fire suppression system was put in the canopy. I am more here to answer your questions. CHAIRMAN GOEHRINGER: Who is Tartan Oil Corporation? MR. MOORE: Tartan Oil Corporation, the president is Barry Tallering. The vice president is Alan Leon. CHAIRMAN GOEHRINGER: I have spent several moments in looking at this particular site paln and I have gone past the place and watched the construction of the station as has the Board. I guess the first question to address and the following question is the issue of the self-service pumps. Which ones will be self-service and which ones will not? MR. MOORE: Ok. That site plan I submitted should show that al- though there's so much data on that plan you can't find it. Page 2 - February~ 1987 Public Hearing - ~tan Oil Corp. Southold Town Board of Appeals CHAIRMAN GOEHRINGER: It's very busy. MR. MOORE: Let me see if I can point out where on that site plan where you can find that information. I specifically had these redone by Mr. Deutschman to show that° It's a little bit easier to point them out. It took me a while to find them too. CHAIRPLAN GOEHRINGER: Both of these will be self-service? MR. MOORE: These two will be self-service. These are more, if you're familiar with the pumps in Riverhead, the 3 types of gas on each side for the customer coming in. In other words, on any one side, only one car can come in and you have to make your selection of the 3 types. So you're talking about 1, 2, 3, 4 on this side. I think that's the present configurations they would like to see. CHAIRMAN GOEHRINGER: Is there any issues concerning sales area or the sale of merchandise or anything of that nature? MR. MOORE: The temporary certificate of occupancy that we have has a series of conditions imposed upon it. One... I can list them for you. January 22, 1987 the Building Department issued a temporary certificate of occupancy with conditions. One of the ones that is holding us up is the final coding on pavement. Final approval of a second curb cut by the County got all tangled up. We have approval. We're waiting for Mr. Cass's signature on the form but the form has been prepared. It's just a func- tion of getting a signature on it. The self-service approval was one of the things he had the approval subject to. And the canopy which was just erected which will, and we're still work- ing on that with Mr. Lessard. In fact, I've got the principals here and I'll meet with him later to talk about some of the problems with the County and the lights. Those are the conditions. CHAIRMAN GOEHRINGER: There's no problem with the food or the sales of whatever occurs out of the sales area. MR. MOORE: No. We do. The site plan approval was conditioned upon a list of items that were going to be sold. I have not had any objections from the letter that I wrote the Planning Board indicating the types of things we're going to sell. It's my knowledge that they've not responded with objections to what we're going right now. CHAIRMAN GOEHRINGER: Nor does Mr. Lessard at this particular time have any problem with it. Is that correct? I had 2 other questions and one of which is a statement of a request. The first one I'll deal with is; in the self-service pump, you could force the nozzle to stay open, could you not, with some sort of device be it anything from a piece of cardboard to a piece of rubber I suppose? Page 3 - Febru~ 5, 1987 Public Hearing_~TARTAN OIL CORP. Southold Town Board of Appeals MR. MOORE: Not as an operator. I would imagine if the handle was touched, I presume it's a trigger handle with a guard on it. MR. TALLERING: There are little (What should I say?) like a lever which has been removed for the self-service portion. That was the lever with which, if you did stick it, it continues to flow gasoline. That has been removed for the self-service and there's an automatic shut off in the nozzle. As soon as it feels moisture, .it automatically stops ito So that's for safety. CHAIRMAN GOEHRINGER: So virtually the only way you could dis- pense fuel would be if someone wanted to personally dispense it on the ground. Hold it outside of the... MR. TALLERING: Right. If you took it outside of the car and poured it on the ground you could. But if it was in there, as soon as it gets wet, it automatically shuts off. CHAIRMAN GOEHRINGER: Alright. I thank you. The other question I have is not specifically the basis of this application but it's a sense of esthetics so to speak. And that is that it appears that there is a termendous amount of lighting in this particular station. And I was wondering if there was any possibility of shutting half of the lights off during certain periods of the night. This is not specifically the nature of this application. However, it is a personal request by certain members of the Board if not the public and we'll see what they have to say and I'm not specifically talking about the sign that's on the road. I'm re- ferring to the signs that's underneath the canopy, the lights, the flourescent lights or whatever those lights are underneath the canopy. It is rather bright and I've gone by it on a foggy night° I've gone by it on a rainy night. I've gone by it on a snowy night and it's still bright. MR. MOORE: I can adjust that. As y®u accurately pointed that out, that's not the subject of the hearing. In fact~ I insisted that this Charlie, that Mr. Leon and Mr. Tallering come out this evening because there had been a number of complaints about the lighting and they brought their catalogues and we're going to sit and meet with Mr. Lessard in a couple of moments if he's got a moment, to try to remedy the problem. There are problems that hold 3 large lamps that run the perimeter. Just this week, the canopy went up. It had not been there prior to this week. We got hung up with snow. That's up. So we're going to be addressing those problems with Mr. Lessard and it's going to have to be to his satisfication because he's the one who is sitting there taking a lot of the phone calls as I'm sure everybody else is. CHAIRMAN GOEHRINGER: I specifically did this tonight. We oc- casionally and if not for every meeting, turn a portion of the lights off in this meeting hall and do that specifically for 2 reasons. One; for the public and one for ourselves. Presently this light that's out and above me right here is causing a prob- lem tonight and I did it specifically just to show you that it is kind of bright in here and it's one of the problems that the Board has with addressing any issue concerning this particular facility and I hope you do address it because it is a problem. Page 4 - February 1987 Public Hearing - 'tan Oil Corp. Southold Town Board of Appeals MR. TALLERING: We most certainly willo Mro Lessard has kept on me very well. CHAIRMAN GOEHRINGER: I thank you Mr. Moore. We'll see what de- velops throughout the hearing. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Anybody like to say anything? Any questions from any Board members? Hearing no further ques- tions, I'll make a motion closing the hearing and reserving de- cision until later. We thank you very much. Ail in favor - Aye. 29 IRVING DRIVE WOODBURY. NEWYORK 11797 PHONE (51,6) 692-~716 ' NOTARIZED AUTOMATIC FIRE EXTINGUISHER REPORT LOCATION/NAME Mobil Oil , SySTE~ Pemall Sound Rd & Paul Lane PGS-70 Peconic NY Gas station system We have completed the installation of the automatic fire extinguisher system at the above location. Installation was complet,~d and tested: 12/17/86 Disposition (How Tested) 12/17/86 physcial ~est Date Town Po:mission to install ~ Installation was done in accordance with: Make PEMALL PGS-70 Manual EX. NO. 2644 Signed Title Installati¢ No't&£ County TeEm PRESIDENT Company Namo ELITE ACTION EXTINGUISHER EQUIPMENT & SERVICE I Date ~ommissiort Expires June 1, l'..~ GIVEN, pnr~u~nt.to 8~tion 25? of the Town law and the Co, of ... the Town of~u~ld. ing public hns~n~ ~11 ~ held by the ~HO~ ~WN BOARD OF APPEA~ at ~e ' ~uthold Town Hall, Main ~ad,' ~uthold, NY at a ~l~ M~ RUARY ~, 1~7 at the following 7:35 p.m. Ap~ No. ~l -- MARGAR~ AND JOSEPH BEST. Varlan~ ~ ~ ~ninR Ordinance, A~icl~ st~ct~add~t~ ~ ~.~qtberly Schedule, for an insufficient sst- back from the rear property lin~, at promises located along the ~outh side of a private right-of. way (extending off the east'side of Camp Mineola Road), Mat. t/tuck, NY; County Tax Parcel No. 1000-123.06.17. M~ 7:40 p.m, Appenl No. 3599 -. SAMUE,. S. CO,EN. to th, ',onIng Ordinsnce, ~cle HI, ~ectiun 100-32 for permission to construct ac~e- sory garage structure, for stor- age and garage purposes, in the ~ront and side yard ar~s, pram. ~ses located'along the ~outh aide o£ a private right-of-way tending off the ~outh side of in. dian Neck l~ad), Peconic, NY; County Tax Map Parcel No. 1000-98-5-18. 7:45 p.m. Appcal No. 3598 ,. DANIEL AND IREN~ McKASTY. Variunce to con- struci swimming pool with fenco insufficient ~tl~.k prepaid frontyard property line khead along tidal water' ama, (and boundary line, dividing and to Section 100-31, Bulk Ills 2 and 3 running north and enclosure and cabana within 75 tdentifi Y ap once ~ the ~nin~ O~inn- ' / _~ p.m. Appel No. 3~ ..N Article XI ~i ,~ ,~' [ ~'AaTAN OIL CORP. S~cial County Tax ' / 7:50 p.m. AD,al No. DONALD ~. GRIM. Varian~ [ ~29~ under Appl. No. 1~84. ' - , ul~ [ 48, P~ic, NY County Tax ~hedule, for ~rmi~ion ~ ~n- ~ ~p Pa~] No. I~-74-4.7.1 (6 struct two-s~ building for of- ~ · 7~. . rice use inciden~l use of the premi~ce with an in- sufficient frontyard ~etbach in ~his "C-I" Heavy Industrial Zon- ing District. Ileation of Prop. erty: Lot No. 2, Minor Subdivi. sion No. 450; South Side of Oro. gon Road, Cutchogue, NY; County Tax Map Parcol No. 1000-83, 3, part of Lot 4~4. Con. teining 4,59 acres. 7:55 p.m. Appeal No, 3462 .. HERBERT R. MANDEL, Variances to the Zoning Ordi- hence, Article i11, Sections' 100. 30A, lOO-31, Column A-B0, ro. suiting from this proposed three. lot Minor Subdivision "High Point at East Marion Section Three, [nc." for: ia) Iota hay ng i.nsufficient lot area; ih) ota haw mg insufficient lot depth; Icl Lot ' having insufficient lot width; id) Lot 3 as proposed with structure' having an insufficient frontyard :~sed each will contain structuroe~,~ 'equiroment for n' single-family rove ia~ufficient ~el/mcki fr~m- couthl. LocaOon of '. 9355 Main Road, EastProperty' Marion; County Tax Map Parcel No. 1000-031-03.11.25. Containing 2.918 arr'. 8:05 p.m. Appeal No. 3590 -- TIIOMA8 d. AND CATHERINE ZlMMERMAN, Variance to the~ Zoning Ordi. nunce, Art/cie XI, Section I00- 118 E for permisaion to construct .addition to existing noncon form. mg structure which exce~ls 50% of fair value of come as exists, at 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 08. Contain~ lng .60 of an acre. · 8:10 p.m. Appeal No. 3604 -. ROBERT AND EILEEN VII,- LANL Variance pursuant to New York Town Law, 8ection~ 280-e, for approval of acco~ over private right-of, way (presently owned by Eileen Villani) to other premises of the applicants 8:25 p.m. Appeal No. 3597 .-~ ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance, Article HI, Section 100-30B for permission to establish ,,ACCe~ory Apart. merit" in existing garage ama in accordance with the require- ment~ of Subsection 15 thereof. Location of Property: 355 Terry Lane, SoUthold, NY County Ta~ Map Parco No. 1000-65.7-20. The Board of Appeals will hear at said time and place all .P?reons or reprossntatives desir- mg to be heard in each of the above hearings. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- gdon of the subject hearing. For more information, please call 765-1809., Dated: January 24, 1987. BY ORDER OF THE 8OUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linde Kowaiski, r~ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Carol Sgarlat~ ofGreanport, in said County. beh~g duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Graenport, in the Town of Southold, County of'Suffolk and State of New York, and that the Notice of which the annexed is · printed dopy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the -2 9 day of January 19~7__ ,/.;.V , , PrincipaI Clerk Sworn to t~ore me this ~ dayof ~ ~ ~9~ /7 (f ./ ~ MARYK DEGNAN / ~/~. - ~.~ ff /[ ]~ .., NOTARY PU[ILIC'State of New York / / ~ ~erm Exp.es Februa~lg~ Southold Town Board o£ Appeals MAIN ROAD- E~TATE ROAD 25 r~OUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS F,6 HARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. ',E_HGE DOYEN, ,JR. t,~OI~ERT J. DOUGLASS JOSEPH H. $AWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appQar in your behalf during the public hearing in the event thdre are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very ~u~/~__ ~, GfRA~D' P. G~EHR~'NGER CllAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 4, 1987 William D. Moore, Esq. Clause Commons, Suite 3 Main Road, Box 23 Mattituck, NY 11952 Re: Appl. No.'3597 Tartan Oil Co. (Special Exception) Dear Bill: This letter will confirm that the board members have reviewed your recent correspondence at our Regular Meeting held last evening concerning the above matter. With reference to your second and third paragraphs, please be advised that the board members would not offer a motion to reconsider our previous decision based on the reasons given in your request in order to allow self- service kerosene and diesel. Although "partial self- service gasoline service stations" are listed as a permitted use by Specia'i Exception under Article VII, Section 100-70(B)[5], the self-service operation of diesel and kerosene fuels is not specifically listed as a permitted use (by Special Exception). The specifics necessary to permit the self- service operation for the sale of kerosene and diesel did not appear sufficient in the Board's opinion and the Board accordingly disallowed it as indicated in our March 5, 1987 decision. With reference to paragraphs 4 and 5 of your letter, please be advised that the amendments requested were not part of the previous application under No. 3597, and accordingly, may not be considered except by separate Page To: Re: 2 April 4, 1987 William D. Moore, Esq. Tartan Oil Co. Appl. No. 3597 formal application. Enclosed for your convenience are packages for a variance application and special exception application the event you choose to file in the near future. Yours very truly, in lk Enclosures cc: Building Department Planning Board GERARD P. CHAIRMAN GOEHRINGER WILLIAM D. MOORE Attorney and Counselor at Law Suite 3 Clause Commons Main Road P.O. Box 23 Mattituck, New York 11952 (516) 298-5674 March 16, 1987 Mr. Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Appl. No. 3597 Tartan Oil Dear Mr. Goehringer and Members of the Board: I am in receipt of your decision dated March 10, 1987 regarding the request for a special exception to permit partial self- service at the Route 48, Peconic Mobil station, and am writing to clarify what may have been a misunderstanding and to have the approval amended. In paragraph 4 of the findings it is stated that the kerosene and diesel pumps are full service. In paragraph 1 of the conditions of approval self-service is not granted for the diesel and kerosene pumps located at the rear of the property. I would like to make clear that self-service was requested for the diesel and kerosene pump, and ask that you reconsider your decision to deny self-service for this pump. Self-service for the kerosene and diesel is justified because they are far less flammable than gasoline and a fire suppression system located in a canopy is not necessary for them. I believe that the building department would concur. The application requested, and your decision granted, self- service for the two islands on the westerly portion of the premises with full-service to be provided on the easterly island. The owners have discovered that motorists entering the station from the west are unaware of the full-service pumps on the east. Their sales figures indicate that a full 90 percent of their sales are in self-service with only 10 percent in full-service. To make the full-service more visible to the public, the owners would like to re-arrange the uses of the pumps as follows: self- service at the easterly and westerly island with the center island split, the easterly side with full-service and the westerly side of the island with self-service. We request that you reconsider the decision denying self-service for the diesel and kerosene pump and permit the owner to re- arrange the uses for self-service as requested herein. If you have any questions, please do not hesitate to contact me. Very truly~Q~s, William D. Moore cc: Tartan Oil Corp. Building Dept. DocId 031687.001 DEPARTMENT OF* PLANNING COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5513 March 20, 1987 Town of Southold Zoning Board of Appeals Applicant: Tartan Oil Corp. Mun. File No.: 3596-SE S.C.P.D. File No.: SD-87-8 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local deter- mination. A decision of local determination should not be construed as either an approval or disapproval. Con~nents: With the understanding that there will be no kerosene & diesel self-service pumps. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner v/:7 Southold Town Board of Appeals MAIN RnAD- STATE RnAD ~5 SnUTHnLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nificancP February 5, 1987 S.E.Q.R.A. APPEAL NO.: 3596 SE PROJECT NAME: TARTAN OIL CORP. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. ~ Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION:Establish a partial self-serv~ce gas station in conjunction with full-service gas station LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knQwn as: 32400 C.R. 48, Peconic, Ny 74-4-7.1 (6 & 7 ) REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located Within 300 feet of tidal wetlands or other critical environmental area. This is an application concerning use of premises and is not directly t ion. . ~'UR~LJe~'~C~'~Or~ %%%~SE CONTACT. Linda Kowals~i, Secretary, Southold Town Board of Appeals,-Town Hall Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 119'71 TELEPHONE (516) 765J809 January 27, 1987 William D. Moore, Esq. 370 Terry Lane Southold, NY 11971 Re: Appl. No. 3596 - Tartan Oil Corp. (Special Exception) Dear Bill: This letter will confirm our telephone request on January 8th for the following documentation in the above matter: ~/~e (a)four prints of the corrected site plan reflecting self-service areas and deleting the use restriction in the middle righthand side "no self serve" which we understand to be under consideration in this application; ~C.~I~ (b) two survey prints [if available]. We have arranged for publication in the local newspapers the Notice of Hearing for this Thursday, and the site plans showing the "self-service areas'* being requested are needed at this time. Yours very truly, Enclosure (Notice of Hearing) GERARD P. GOEHRINGER _~RMAN _ j/ ~-uy L1 naa Southold, N.Y. 11971 (516) 765-1938 August 27,1986 Mr. Allen Leo~ Secretary Tartan Oil Corp. 150 Broad Hollow Road Melville, NY 11746 Re: Site plan for Tartan Oil at Peconic Dear Mr. Leon: The following action was taken by the Southold Town Planning Board, Monday, August 25, 1986. RESOLVED that the Southold Town Planning Board approve the amended site plan for Tartan Oil Corporation (formerly Allen Ovsianki) for construction of a gas station located at County Route 48, Peconic, survey dated May 31, 1986, tax map no. 1000-74-4-6; subject to: 1. Receipt and approval by the Planning Board of a detailed list indicating those items intended to be sold in the sales area of the kiosk~ 2. No auto repairs, no self-service, no used car sales or storage of vehicles on the site. If you have any questions, please don't hesitate to contact our office. ~ard Lark Building Department Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary held by the ~ '. 'IOWN B('IARF~OF ApI~,ALq .,, ~ 7:~5 p.m. Ap~ N~ ~I- MAR~ AND JOSEPH · ~ .... ~ ~ ~cle XI, ~ion 1~119.2 for ~Aon to ~n- s~ ad.finn at the mutherly ~ ~de of~s~ d~ with ~ insufficient Setback from ~d to ~on 1~31; Bulk ~ for n ~u~ent ~- ~k from ~e ~'~y ~ at pm~ 1~ ~o~ the Muth side of a p~u~ ~ht~f. ~y (~mn~ off ~e ~t ~de of ~p M~mh ~), Mat~, ~tuck, ~; ~unty ~ Map ~l N~ 1~123~17~ 7:~ p.m. Ap~ N~ ~, m the ~mng O~ ~. cie I11, ~ction 1~32 ~r~- m~sion to ~nst~ ~ ~e s~ for s~ nd g~ge p~ in front nd 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 successively, commencing on the ......... .,--~..~..~. ...... day ~ side yard areas, premi~ Io.~!_~_ along the south side of a private right-of-way (extending off the :..ceeb. 50% of fair value of same south side ' of Indian Neck j ~ eydsts, at, 265 Roche. lie p ace;' Road), Peconic, NY; C.6unty Ta~ Mattituck, NY; County Tax Map Parcel No. 1000-95-$-18,' Map Parcel No. 1000-144-04.09 7:45 p.m. Appeal No.,35~8- ~, and 08. Containing ,60an acr~" DANIEL AND IRBNE'- '. 8:10 p.m; Appeal No. 3604; McKAST~, Variance to con, Ii?~ROBERT AND EILEE~ enctosure ann canana within 75 '~ ~A.e~, york Town Law, Section .f~t .of e~isting .bulkhea4 along..i?,!~ ~ for approval of access' ~U~hc~,i_r~q_~u~. aVari..~.~ 'over; private right-of-way cie X/, Section 100-119.2. Lots; tion of Property: 13220 Mai~ Road NY; ty Tax Map 1000'31-14-12. 7:50 p.m. Appeal No. t_o th cie IX, Section 100-gO, Bulk Schedule, for to construct two-stor for office use incidental to ciPM use of the prernise~ wi~h an insufficient ! this "C-I" Zoning District. Property: Lot No. :, division No. 450;, South sider Oregon Road, Cutcho~ue County Tax Map 1000.83, 3, pan of Lot 4.4,: COn- taining 4.59 acres. ~ ,' · = 7:55 p.m. Appeal No. Ri IiERBERT R. Sworn to before me this ........ ~ .......... day of owned by, Eileen af In: dianl Neck Road, Pecohic. to · applicants as County Tax Map' { DIER. ) (~ mmUaion to eateain' i (with, the~ re-' L of'Subsection 15. '.soUthold, NY; ; Parcel No.. ! all thg !N dinanc~ Article resulting three-lot Minor "HighPolnt at Section ~ ln~, having insuffidcoi lot m~a; (b)! lots having insufficient lot" depth; (c) Lot havin~ insuffi- cient lot width; ~ posed with structure ] insufficient (e) Lots 2 and each will contain struclU~ that. do not meet princiPal:Use ~ '; quirement for a dwelling; (f) ~tin~'~n'.~' Lots 2 and 3 n~ pro~ will. bare insuffieient set.b~k~ Tromu proposed fron~= line (and bound% dividing Lo~ 2 ;and ~' north and south. I,V ~n' ) .... of~ Property: 9~$5 Main Rt Marion; County ~ M~ NO. 1000-O~l-O~,lh~$.. t also be submitted, prior to the concinsion of the subject hear. !io{. For-more '.information, ~ please call 765-1809. - Dated: January 24, 198~ ' ! BY ORDER OFTHE · SOUTHOLD TOWN BOARD OF APPEALS GERARD p. OOEHRINGER, CHAIRMAN Linda Kowaiski,' L Board Secretary B ,RI,AkA FORBES l'lotary i~U})li;', StMO ,Ii Q~nllfiel in ~]uf£ulk (A unLy Commi,:sion Expires~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 26, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3596, application of Tartan Oil Corp. for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; and survey of property. Judith T.Terry Southold Town Clerk WILLIAM D. MOORE December 26, 1986 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Att: Linda Kowalski Re: Tartan Oil Corp. special exception Dear Linda: Enclosed please find the following with respect to an application by Tartan Oil Corp. for a special exception to permit partial self-service facilities at its station on County Road 48 in Peconic: 1. Notice of Disapproval from Building Inspector 2. Application in triplicate 3. Notice to Adjoining Property Owners with postmarked certified receipts 4. Short Environmental Assessment form 5. Wetland letter 6. Copy of Southold Town Planning Board site plan approval 7. One copy of site plan (additional copies will be forwarded upon receipt) 8. Check payable to Southold Town Clerk for $150.00 If you have any questions, please do not hesitate to contact me. Please have this matter placed on the board's agenda for the next available date. Very truly yours, William D. Moore Encs. cc: Barry Tatlering 1 TOWN OF SOUTHOLD APPLICATION FOR SPECIAL EXCEPTION TO HEi TARTANI ZONING BOARD OF APPEALS, SOUTHOLD, NY OIL CORP., a domestic corporation having its principal place of business at 150 Broadhollow Road~ New York hereby applies to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100- 70B(4)~iand (5). LOCATION OF PROPERTY: 32400 County Road 48, Peconic Tax Map # 1000-74-4-7.1 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE: The establishment of a partial self-service gas station requires approval of the Zoning Board of Appeals in accordance with the above-referenced sections of the Southold Town Zoning Ordinance. The use of the subject property as a gasolin~ service station has already been approved by this Board. (Ref. Appeal % ). ~The Southold Town Planning Board granted site plan approval of the station on August 25, 1986. At the time Zoning Board of Appeals approval for the establishment of a gasoline station was requested a full-service gasoline station was contemplated. Due to changes in economic circumstances and the demands of the public this application is made for permission to provide partial self-service on the premises. The conditions on partial self-service operations which are set forth in section 100-70(B)(4) and (5) will be followed by the applicant. A qualified attendant will be on duty whenever the station is open to business to control and operate the console regulating use of all equipment. No gasoline will be dispensed without the direct supervision of the attendant who will be situated in such manner as to give the attendant an unobstructed view of the operation of the equipment. There will be controls on the pumps to permit their use only when the nozzle is removed from the bracket on the pump. There will be an automatic fire protection system of an approved dry powder release and there will be no latch-open devices on any self-service pumps. No customer shall be permitted to dispense gasoline unless he possesses a motor vehicle operator's license. Approval of the partial self-service method of operation is appropriate because the facility has been designed to accomdate such a use. Inclusion of partial self-service operation within the scope of the already approved use of the property as a gasoline service station will not prevent the orderly and reasonable use of adjacent properties or properties in adjacent use districts. Nor will the proposed use prevent the orderly and reasonable use of permitted or legally established uses in the district where the proposed use will be located. The proposed use will not adversely affect the health, safety, welfare, comfort, convenience or order of the town. The character of the use and development of uses in this zoning district~will not be affected by approval of partial self'- service on this property. Nor will the proposed use adversely affect property values. Partial self-service will not unduly increase vehicular traffic congestion. In fact, self-service should help lower it by reducing the amount of time spent by patrons at the facility. Inclusion of self-service facilities on the premises will not effect the availability and adequacy of water and sewer resources. No additional noxious gases, odors, dust, light, vibration or~-noise will be created by approval of partial self-servi~e facilities. No additional parking demands will be created by the proposed use and there will be no impact on any public parking or recreational facilities. The fire suppression system that will be installed will reduce risk of injury and property damage. Partial self-service will not produce overcrowding or undue concentration of people on the property. The subject property is of sufficient size, and the facility has been designed, to accomdate partial self-service as proposed. BY: STATE OF NEW YORK) COUNTY OF SUFFOLK) ss Sworn to this 2~ day of ~B3272.8 n Suffolk Count~ Q~ March 30, I~[ BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE ,~ TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the inte~.~Jj'-- ,,,~ the l~dersigned to petition the Board of Appeals of the Town of Southold to request a (VarianceS_ pecial Exception(Special Permit) (Other) [c±r¢].e cho±¢e] 2. That the property which is the subject of the Petition is Ioc~lted adjacent to your property and is des- cribedasfollows: ~Z.~DI~ ~O~/W~'I~' ~0/1~7 ~/~ / f"~OlVl.' / N)/ ~FF. ~X ~P ~Fs/~/O~ /~- 7~- ~- 7., 3. That th~ pro~y ~kh~ ~ ~bj~t of such Petition is I~ated in the following zoning district: 4. That by such PeHtion, r~ U~igned will request the following relief: ~l~5/p~ ~ 5. That the provisions of the Seuthold Town Zoning Code applicable to t. he, relief sought by the under- signed are .~L~_L¢].e Z~ ~ /6~ o 7~ ~ ('~/.) /~/~ (.S~.~ [ '1 Section 280-A, New York Teem Law for approval of access over r~ght(s)-of-wRy. 6. That within five days from the d,~te he,caf, 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) 76S-1809. 7. That before the relief sought may be ~ranted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such heatin~ mu~ be published at least five days prior to the date of such hearing in the Suffolk Times and in the Lm~ Islaad Trave~et-Mattituck Watchman, newspapers published in the Town of Southold and designated for the public~ie~ of such notices; that you or your representative have the right to appear and be heard at such hoarin~. Dated: Petitioner Owners' Names P~t ~ce Addr~s '(Te]. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the ~(~I~ day of i~E~I~ el~f~ , 19 ~b , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at '~ O~.-~t'~OL-T') ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~..(.~ 44. da,~/o~/~..~~, 19 ~__ ~emml~elon E~ake~ March 30, (This side does not have to be completed on form transmitted to adjoining property owners.} SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCT]ONS~ (a) In order to answer the questions in this short gAF is 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 significant and a completed Environmental Assessment Form ia necessa~/. (c) If all questions have been answered No it is likely that this project is not significant. (d) F21vironmental Assessment l. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . · · · . . 2. Will there be a major change to any unique or unusual land form found on the site? 3. Will project alter or have a large effect on an existing body of water? · . . · . Will project have a potentially large lmpac~ on groundwater quality? Will project significantly effect drainage flow on adjacent sites? . . · · . · · Will project affect any ~hreatsned or endangered plant or animal species? . . . . · · 7. Will project result in a major adverse effect on air quality? · · · · · . · 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? . . . Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? , , . 11. , ~es X No 12. · .. Yes X No Yes X No Yes., X Ho Yes , X No Ye:~ X No Yen X No Yes X No Yes __X__ Ho Yes X No Will project result in major traffic problems or cause a major effect to existing transportation X Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes X No Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent ever a one-year period or have a major negative effect on the oharact~ o~community or neighborhood? o . SIGNATURE. 3~6~---~/~' (' t~. TITLE: Ycs X No Yes X No 15. ~ PREPARER' S REPRESENTING: 13. Will project have any impact on public health or safety? ......... , --- Yes X No $outko!d Town Board of Appeals Main Road Sou~hold, ~JY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal %'/etlandn Land-Uz Rer:u~ations, 6 NYCRR, Part 661, sad Article 25 of the ~le:.~ York Environmental Conservation La%.~, please be advised subjec~ property i,n the %~i~hin appeal application: ' [p~eaz,_, ch,~ck one box; ] May be located .~ithin 300 feet of tidal wetlands hct.n~ver, constructed alon~ ~he water-lyin~j edco of this p~'operty i~ a bulkhead in very good May b'e 'located t¢i::hin 300 feet of ~-~ ~ - ho:.;ever, constructed along the t~aze'r-lyin? edge of thi~ property is a bulkhead in need of (minor) (major) repairs, and appruxlmate!v fee~ in length. ' - [ ] not appear to May be located ~vithin 300 feat of tidal wetlands; however constructed al'one the ~ ~-- · - , · %;a~e_ lying edge of this p~'opcrty is a bul~kead less than 100 fee[ in length. May be located :;ithin 300 feet of t~da_' '% wetlandz: and there is no bulkhead or ...... . o cu.~ ..... ~a!! e?.is fin on the premises. Is not located %~ithin 300 foot of tidal ¥;etlands to the best of my kno%~lodcje., [~;tarred items (*) i{~tlicake your property da(.,:: fall within the jurisdiction o.: the H.y.s' D.E.C. ::OTC: If prooosed approval must be Your applic~on S i~c !y yaurz, ' falls ~iul~in D.E.C. juri~T~,_on, received an~! Sukmi~t6d to our office befoce can be scheduled fo£ a public kcacinU. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK TARTAN OIL CORP., : Petitioner, : -against- : BOARD OF ZONING APPEALS OF THE TOWN : OF SOUTHOLD, Respondent. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK TARTAN OIL CORP., : Petitioner, : -against- : BOARD OF ZONING APPEALS OF THE TOWN : OF SOUTHOLD, Respondent. STIPULATION OF SETTLEMENT Index No. 88-10780 Index No. 88-10701 IT IS HEREBY STIPULATED AND AGREED by and between the petitioner Tartan Oil Corp. (hereinafter Tartan) and the respondent Zoning Board of Appeals of the Town of Southold, (hereinafter the zoning Board), that the above Article 78 proceedings are settled upon the following terms and conditions: 1. Tartan shall apply to the Southold Planning Board for site plan approval, which site plan, if granted, will be conditioned upon Tartan's obtaining the variances and special exemption permits recited hereinbelow. -1- the approvals 2. Upon the grant of conditional site plan approval, Tartan shall apply to the Zoning Board for a variance for placement of the canopy, as an accessory structure, in the front yard for a variance of the height requirements applicable to the canopy. 3. Simultaneously with the hearings on the o Zoning variance applications set forth in paragraph 2 above5 the Board shall reopen the previous variance application for the cgnvenience store and the special exception application for self-service and full-service gasoline sales, both of which had been denied without prejudice. In the event site plan approval and the variances set forth in paragraph 2 above are obtained by the petitioner, then the convenience store variance and special exemption applications will be granted subject to the following conditions: a) food service to be limited to packaged items, plus the heating of previously prepared foods, all for off-premises consumption; b) no alcoholic beverages to be sold before 5:00 p.m. on all days when school is in session; c) all lighting at rear of property be shielded from adjoining residential property, in addition to all site plan requirements set by the Planning Board; Upon Tartan's obtaining and complying with set forth above, the Building Inspector would -2- Rider to Stipulation 6. It is agreed and understood that all prior proceedings between the parties remain open until the Planning Board and Board of Appeals render final decision herein, and that if Tartan chooses to challenge any such final decision' no statute of limitation or res judicata defense will be raised by such Board as to those prior proceedings. Dated: GERARD P. GOEI{RINGER, Chairman BARRY T~LLERING, Pr_e2sident Southold Town Board of Appeals of Tartan Oil Corp.~. SMITH, FINKELSTEIN, LUNDBE~, LEVINE, ROBINSON & ALGIO~,, ISLER and YAKABOSKI Attorneys for Respondent 456 Grilling Avenue P.O. Box 389 Riverhead, New York (516) 727-4100 Attorneys for Petitiongr Office & P.O. Address 50 Charles Lindbergh Blvd. Mitchel Field, New York 11553 (516) 794-6900 PLANNING BOAR~ MEMBERS .,,,.?~,~,,~, ~..~..q Bennett Orlowski, Jr., Chairman ~ ~ ) George Ritchie Lalham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCO'FF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold. New York 11971 Fax (516) 765-1823 William D. Moore Suite 3 Clause Commons Main Road Mattituck, N~Y 11952 February 20, 1992 Dear Mr. Moore: RE: Tartan Oil Site Plan Southwest corner of State Rte. 25 and Sunset Avenue, Mattituck Zoning District: Limited Business SCTM~ 1000-115-3-9 The Planning Board has received your letter of January 31, 1992, containing a traffic study and one copy of a site plan. The Board will get an estimate from its consultant to review the study and you will be informed of the charge. This fee must be paid before the Board can continue with its review. The site plan is incomplete; a copy of the Board's letter to you of June 8, 1990, is enclosed for your guidance. A Long Environmental Assessment Form and a copy of the deed to the property is required to complete your application. If you have any questions, or require further information, please contact this office. cc: Very truly yours, B~nnett Orlowski, Jr. ~ Chairman Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector ~ Southold Town Board of Appeals -2~- June 29, 1972 MR. LUSK: Yes, during the winter. I:ll take out the kitchen facilities in the small house. THE CH~IRM~N: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property and build a second dwelling on property locatod on the ¢~st side of Riley Avenue, Mattituck, New York. The findings of the Board are that applicant has a small cottage (2~' x 24') on the front section of the property and that it would be impossible for the Board to grant the variance unless the kitchen facilities are removed from the existing house. This would, in effect, make it a guest house. The Board finds that strict ~pplication of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not b~ shared by all properties alike in the immediate vicinity of this property and in the same use district; and the vat'Janco will not change the character of the neighborhood and will obsorve thc spirit of the ORdinance. On motion by MR. Bergen, seconded by .h~. Grigonis, it was RESOLVED Margaret and John I~sk~ Riley AVenue, Mattituck, New York, be GRANTED permission to divide property and build a second dwelling on property located on tho east side of Riley Avenue, Mattituck, New York, as applied for, subject to the following conditions: That all kitchen facilities be removed from the present structure on the property not later than July l, 1973 or upon completion of the proposed new house, whlchover comes sooner. That the present structure be considerod henceforth as a guest house with sleeping arrangements and bathroom. That the present structure shall never be used as a rental unit. Vote of the Board: Ayes:- ~ssrs: Gillispie, Bergen, Grigonis, Hulse. ~ PUBLIC HEARING: Appeal No. 1584 - 9:25 P.M. (~.I).S.T.), upon application of Jerry Villani, 60 W. 0~kdale Street, Bayshore, New York, for a special exception in accordance with the Zoning Southold Town Board of Appeals -2%- June 29, 1972 Ordinance, Article VII, Section 700, Subsection B-4, for per- mission to erect a gasoline service station. Location of property: south side of Middle Road (County Road 27), Peconic, New York, bounded north by Middle Road (County Road 27); east by Private Road (Paul's Lane); south by J. Krupski and others; and west by J. Krupski and others. Fee paid $15.00. THE CPI~IRMAN: The application is accompanied by a survey of Van Tuyl dated August 27, 1969 and also by a letter from the Department of Public WOrks dated June 15, 1970. (The Chairman read the letter). THE CHAIRMAN ~opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIR¥~N: Is there anyone present who wishes to speak for this application? MR. JERRY VILLANI: If there are any questions I would be glad to answer them. MR. HOWARD TERRY, Building Inspector: He purchased before the expiration of the two year period. H~ had a permit and it has expired. THE CHAIR~N: Why was it non-conforming? Did it not have an exception? MR. TERRY: Paul was there prior to the Ordinance. THE CH~IRM~N: Under the present Ordinance this is a permitted use. Was it zoned Busines~before? MR. TERRY: It was zoned Business and is now "B-i" which is a permitted use by exception. It has clearance from the County Highway Department. THE CHAIRMAN: ls there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect a gasoline service station on property located on the soath side of Middle Road (County Road 2?), ~econio, New York. The Board finds that this is a permitted ~se by special exception. Southold Town Board of Appeals -26- June 29, 1972 The Board finds that the public convenience and welfare and justice will be served and the legally est~olished or permitted use of neighborhood property and adjoining use districts will not be permznently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by ¥~. Bergen, it was REEOLVED Jerry Villani, 60 W. 0akdalo Street, Bayshore, New York, be GRANTED permission to erect a gasoline service station on property located on the south side of Middle Road (County Road 27), Peconie, New York, as applied for, subject to the following conditions: Article VII, Sec. 700 - a. Entrance and exit driveways shall have an unrestricted width of not les~ than 12 feet and not more than 30 feet, and shall be located not less than l0 feet from any property llne and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. b. Vehicle lifts or pits, dismantled auto~r~bilos, and all parts or suppli0o shall be located within a building. c. All service or repair of w. otor vehicles other than such minor servicing as change of tires or sale of gasoline and oil,.s~hall be conducted in a building. d. The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than 35 feet from ar~ property line other than the street line. e. No gasoline or fuel pumps or tanks shall be located less than 15 feet fro~ any street or property line. f. No motor v~hicle sales, used car lots, gasoline servic~ or repair shops, or similar businesses are to be located within 300 fe~t of a church, public school, library, hospital, orphanage, or a rest home, or within 300 feet of any residence district. Vote of the Board: Ayes:- Messrs: Gillispie, BErgen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1585 - 9:40 P.M. (E.D.S.T.), upon application of John N. Venteau, 47 E. Deer Park Road, Dix Hills, New York, for a variance in accordance with the Zoning Ordinance, Article IIZ, Section 301 and Article X, Section 1000 A. for per~zssion to divide property mn lots of less than required area. Location of property: south side of Birch D~ive, Laurel, N~w York, 'h i' i i I ol ?1 k, F,F. pom~ 4 r'qu~. ~ ~¢z" 5~,Jn ~ ~ viz' B = 15% r~" ~A~, ~LL~ Zto" o.c.