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HomeMy WebLinkAbout33237~['l-~'{ore North Side of Main Rd. #3323 COLG-AT'E DESIGN coRp. .,Vari.ance .for pemmissio.n, to_.construct, ac~.ess.o_my building within the westerly sideyard area.J~a, ss Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3323 Application Dated January 9~ ]985 TO: William W. Esseks, Esq. as Attorney for Colgate Design_Corp. 108 East Main Street, Box 279 Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on Ma~ 2~ ]985 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 [X] Request for Variance to the Zoning Ordinance Article VI! , Section ]00-7] [ ] Request for Application for COLGATE DESIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a ~r'iance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct accessory building within the westerly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-24. WHEREAS, a public hearing was held and concluded on April ll, 1985, concerning the Matter of the Application of COLGATE DESIGN CORP.~ and WHEREAS, the board has considered all testimony and documentation entered into the record including correspondence from Richard F. Lark, Esq. and Kull's Service Station, Inc., both adjoining property owners; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in a "B-l" General Business Zoning District, is situated at the north side of Main Road (S.R. 25), Cutchogue, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 05, Lot 24. 2. The subject premises consists of an area of 26,117 sq. ft. with a lot width of 99.08 feet and is improved with one, one-story masonry building set back approximately 90 feet from the front property line along the Main Road, from the westerly side property line 18½ feet (exclusive of fence enclosure), 17 feet from the easterly side property line (exclusive of portable dumpster), and 130 feet from the rear property line. 3. Applicant is proposing by this application to construct a 10' wide by 12' deep accessory building for storage of empty bottles and cans, necessary since the recently enacted New York State bottle law, and will be utilized in lieu of the portable dumpster, (which is to be relocated either to the north of the proposed (CONTINUED ON PAGE TWO) DATED: May 7, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3323 .Matter of COLGATE DESIGN CORP. Decision Rendered May 2, 1985 building or in the rearyard area). 4. The proposed accessory building is to be located along the westerly side of the existing store with a setback of eight feet. Also shown on the March 13, 1984 site plan is the removal of the chainlink fencing at the easterly side yard. 5. Article VII, Section 100-71 and Bulk Schedule of the Zoning Code require a minimum sideyard total of 50 feet, with a minimum of 25 feet for each side yard for buildings in this zoning district. In considering this application, the board has determined: (1) that the relief requested will not change the character of the neighborhood; (2) that the relief requested will not be detrimental to adjoining properties; (3) that by this proposal, the easterly yard area would be left open for accessibility by emergency (and other) vehicles; (4) that the interests of justice will be served by allowing same as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3323 in the Matter of the Application of COLGATE DESIGN CORP. for permission to locate 10' by 12' accessory building for the purposes of storage of empty bottles and cans with a setback of not less than eight feet from the westerly side property line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: into 1. The westerly sideyard be not less than eight feet; 2. That there be no protrusion of the subject building the frontyard area; 3. That the subject building be used only for storage purposes (and not additional business sales area); 4. That the easterly side yard must be unobstructed (except with an unlocked gate) and ingress for emergency and other vehicles, will automatically be deemed null and void. open and to allow egress or this variance Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk tD P. GOEHRrNGER, CW:~FFIRMAN , 1985 ZONtEG BOARD OF APP~ TvwN HALL i¥1A[[{. ROAD -,S. R, 25 $O~JTHOLD, N.¥.~.],.~9;~3, NOTICE 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 Town Board of Appeals'au the Southold Town Hall, Main Road, Southold, NY at-a Regular Meeting, commencing at 7:30 p.m. on THURSDAY, APRIL li, 1985, and as follows: 7:30 p.m. EMILIA T. PIKE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-26. 7:35 p.m. COLGATE DESIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section tO0~l for permission to construct accessory building within the westerly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-24. 7:40 p.m. BAYVIEW DEVELOPMENT COR~/SAGE, by J. Forchelli, Esq., 120 Mineola Blvd, Mineola, NY 11501 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule and Article XII~, Section 100-t36~ for approval of insufficient area of each lot in this proposed 19-lot cluster development or subdivision and ~nsufficient]setbacks. Location of Property: 67380 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-053-05-001,001.3~ ~12.3; known and referred to as "Breezy Shores." 7:55 p.m. JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section t00-30(B)[6] for permission to construct building for private membership with an ~lnsufficient setback from the easterly property line. Location of Property: N/s Main Road and E/s Depot Lane, Cutchogue, NY~ County Tax Map Parcel No. 1000-102-02-12.1. 8:00 p.m. JOSEPH LIZEWSKI Special Exception hearing to reconvene concerning establishment of racquetball/private member- ship cl. ub. h ~ 8:05 p.m. TOMAS!~IGGINS~ Ruch Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section ]00-32 for permission to construct accessory garage in frontyard area, at 850 Ruch Lane, Southold, NY; County Tax Map Parcel No. 1000-52-02-30. Page 2 Legal Notice of Hearings April ll, 1985 Regular Meeting Southold Town Board of Appeals 8:10 p.m. HAROLD CARR, Box 1416, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient rearyard setback, at 2045 Marratooka Road, Mattituck, NY~ County Tax Map Parcel No. 1000-123-02-003. 8:20 p.m. DOMINICK VARANO, by R. Lark, Esq., Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Lot 3, at premises 6750 Indian Neck Road, Peoonic, NY; County Tax Map Parcel No. 1000-86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. Lark, Esq., Box Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[13] for permission to establish and build one-story building as a ~uneral home business, at premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane, Cutchogue, ~Y; County Tax Map Parcel No. lO00-97-6-par~ of 15; containing 2+ acres in area. 973, The Board of Appeals will at said time and place hear all persons interested in the above matters. Written comments may also be submitted prior to or during the ~e~ring in qJestion. Dated: March 28, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRiNGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, APRIL 4, 1985 and forward nine affidavits of publication by April 9th to: Board of Appeals, Main Road, Southold, NY 11971. TO~ OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ............................... Date P~ASE TAKE NOTICE that 7cur application dated . .. 7~.~ ).9 .......... , 19 ?.'~.. for pe~it to construct. 5.~ ................................ County ~x M~p No, tO00 Secfio~ .. ) .~.% ....... Blo~ ............ ~t .............. i~ retm~ed h~w~th and disapproved on the fo!!~wing ~ou~ds Build~mg Inspector RVI/~ TOWN OF SOUTHOLD, NEW YO~K~ ~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD N. Y , 30OMotor ~ar~way a~.~ ~s.~gn Corp.. of Hau auge~ New York L (We).6Pl. g ........ ]P. ................... , ............................. g.P. ........................................................... Name of Appellant Street and Number .................... ~.U..~. p~.~..e.~ ................................................. ......New........,.....,.....,., ,.,.~.-y°rk ~v APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 3/16/84 FOR: construction of accessory building WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ..... _R 0~..Mo t ~:..,~.~z.k~.y.,... iFm L~p paug, e, ...N~..Y. or/¢...: ............................. Street and Number · Municipality ~tate PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Accessory BuildinE 1. LOCATION OF THE PROPERTY Main. Roa.d.,..i~ut~hagu.e ........ .~ ................................. ]{=1. Street a~nd H~mlet Zor~ ' .................... O ER (S): .... Mop No. Lot No. DATE PURCHASED '. 2 PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VIII, Section 100-71 , 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ..................................................... , ................ REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (X) A Variance is requested for the reason that we would like to construct an accessory building for the purpose of storing return bottles & cans as per New York State "Bottle" Law and ~ there is insufficient side yard set back, on the subject premises· Fm~ zm~ (Continue on other side) ~/~REASON FOR APPEAL Continued ,, ., 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ the existing dimension requirements of the site as improved do not allow the proposed expansion for a "bottle return" facility as required by the New York State "Bottle Law" and reasonable health requirements mitigating against inside storage in a ~re that sells food. Passage of the recently enacted Bottle Law was not anticipated at the time of original construct~m and therefore outside storage wms not included. 2 The hardshipcreated is UNIQUE ond isnotshared by ali prope~ies alike in the immediate vicimly of this property and in this use distrlct because the site as :;~J:;lproved met prior requirements of the law and the enlargement for the bottle return facility as required by the New York State 'bottle Law" is necessary for the subject premises only because surrounding properties are not required to receive return bottles. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE IARACTER OF THE DISTRICT because the use would ~emsin the same. COUNTY OF SUFFOLK ) William W., F~? ,atte~ney for VILLAGE RECORD CARD DIST.i SUB. LOT ACR./ [ TYPE OF BUILDING RES. ~//~ SEAS. VL. LAND IMP. TOTAL 5'790 FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable VloodJand Meado~wland Hou_se Plot, Total' FRONTAGE ON WATER t_ FRONTAGE ON ROAD DEPTH/ ~2r ~' ~. BULKHEAD DOCK Southold, N.Y. 11971 (516) 765-1938 Jul. y 31, 1985 Mr. William Esseks Attorney at Law 108 E. Main Street Riverhead, NY 11901 Re: Seven Elevens at Southold, Greenport and Cutchogue Dear Mr. Esseks: The following actions were taken by the Southold Town Planning Board, Monday, July 29, 1985. RESOLVED that the Southold Town Planning Board approve the site plan of Seven Eleven located at Southold for the construction of a storage building; plan dated as last revised 11/1/84 and certified by the Building Department. RESOLVED that the Southold Town Planning Board approve the site plan of Seven Eleven located at Greenport for the construction of a storage building; plan dated 11/1/84 and certified by the Building Department. RESOLVED that the Southold Town Planning Board approve the site plan of Seven Eleven located at Cutchoque.~for the construction of a storage building; plan dated 3/14/84 and certified by the Building Department. Subject to the conditions of the Board of Appeals regarding variance No. 3323. If you have any questions, please don't hesitate to contact our office. cc: Building Very truly yours, BENNETT ORLOWSKI, JR.~CHAIRMAN SOUTHOLD TOWN PLANNING BOARD . By Diane M. Schultze, Secretary Department and Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals June 12, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Comm~ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Colgate Design Corp. #3276 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeal MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11c:J71 TELEPHONE (5161 765 ~80,'- Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ××× Variance from the Zoning Code, Article VII , Section ]00-71 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Bulk Sc hedu l~] Appeal No.: #3276 Applicant: Colgate Design Corp. Location of Affected Land: North Side of Main Road, Cutch0gue,N¥ County Tax Map Item No.: 1000-]02-05-24 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) X×X 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 __Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct bui]din§ for storage purposed with an insufficient sideyard setback. Copies of Town file review. Dated and related documents enclosed herewith for your Secretary, Board of Appeals S ~I~FI Southold, N.Y. 11971 (516) 765-1938 May 21, 1985 Mr. William Esseks Esseks, Hefter, Cuddy and Angel 108 E. Main Street Riverhead, NY 11901 Re: Seven-Eleven site plan at Cutchogue Dear Mr. Esseks: Please let this confirm the action taken by the Southold Town Planning Boar~ Monday, May 20, 1985. RESOLVED that the Southold Town Planning Board refer the site plan of Seven-Eleven at Cutchogue to the Building Department for certification. This site plan is for a storage building for returnable bottles. Would you please forward three (3) surveys indicating the easterly side yard open, with an unlocked gate, as.per the Board of Appeals condition No. 4, for our referral to the Building Department. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CH~%IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: B~ding Department ~Z~oning Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 8, 1985 William W. Esseks, Esq. 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3323 - Colgate Design Corp. (7-11) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may Re applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' GERARD p. GOEHRINGER ~y~Linda F. Kowalski Secretary Southold, N.Y, 11971 (516) 765-1938 March 26, 1985 Mr. William Esseks Attorney at Law Esseks, Hefter, Cuddy and Ange~ 108 E. Main Street Riverhead, NY 11901 Re: 7-11 Site plan at Cutchogue Dear Mr. Esseks: The following action was taken by the Southold Town Planning Board, Monday, March 18, 1985. RESOLVED that the Southold Town Planning Board recommend that the proposed storage building be located in the rear of the existing 7-11 building as previously recommended on July 9, 1984. It was also requested that the chain-link fence and guard rail on the easterly side of the builddng be removed and replaced with a gate in order to open the access for emergency vehicles, provide access for the proposed storage building, and eliminate the existing violation to the site plan. If you have any questions, please don't hesitate our office. ~cc: Board of Appeals to contact BVE~_~_~_T&~tLy truly ,yours, ~ NETT ORLOWSKI~ JR., C4~AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary RICHARD F. LARK February 14, 1985 Board of Appeals Town of Southold Main Road Southold, New York 11971 ATT: Gerard Goehringer, Chairman RE: Application of Colgate Design Corp. Side Yard Variance (Cutchogue 7-Eleven Store, Main Road, Cutchogue, New York Dear Mr. Goehringer: On December 6, 1984 I wrote you a letter in connection with the above application. Recently representatives of 7-Eleven Food Stores met with me to discuss their application. It is my understanding they have changed their application in that their request is to move the proposed storage building from the easterly to the westerly side of the building and that it would be located north of the existing dempsey dumpster. I still believe the best location for this storage building and the dempsey dumpster is in the rear of the building. However, it was pointed out to me that the vendors who will be responsible for removing the reusable bottles and the garbage in all probability will refuse to remove these items if the building and the garbage receptacle are located in the rear yard area. I understand this is due to the distance and the inaccessibility by truck to the rear yard area of this store. Considering that the existing structure, parking area and overall site plan layout from a planning point of view is a disaster and the existing store cannot be removed I would have no objection to the location of the proposed storage structure on the westerly side of the building as there is no question the applicant needs a permanent place to store the returnable bottles and cans. RFL/bd cc. Judy Pascucci- Real Estate Representative 7-Eleven Very. tr~uly you~, Kull's Service Station, Inc. Main Road Cutchogue, New York 11935~~~^'~"~J] ~. 7~-~'~-' February 6, 1985 Board of Appeals Town of Southold Main Road Southold, New York 11971 I am the adjoining property owner on the east side of the 7-11 Store in Cutchogue, New York. I object to having an accessory building constructed on either the east side or the west side of the present 7-11 store as it is a ridiculous request. It will place the building too close to the property lines reducing open space and service vehicles gaining access to the accessory building will interfere with the existing parking area in the front of the store. There is presently a large back yard on the property which is not being used for anything. There appears to be no good reason why this area could not be utilized for the construction of the proposed storage building as well as provide for access of delivery and garbage vehicles. Due to the small parking area in the front of the store, I am surprised there are not more accidents with customers attempting to back in and out of the parking spaces. For the safety of the 7-11 customers any new buildings should be constructed in the rear of the property, as a building in the side yard areas will cause further traffic congestion because of access problems and could lead to a serious accident. If an accident occurred as a result of the increased congestion, I believe the Town would be held responsible for helping create an unsafe condition. Thank you for your consideration of this important matter. Sincerely yours, KULL'S SERVICE STATION, INC. ~ 7. Kull, President RICHARD F, LARK ATTORNEY AT LAW December 6, 1984 Board of Appeals Town of Southold Main Road Southold, New York 11971 ATT: Gerard Goehringer, Chairman RE: Application of Colgate Design Corp. Side Yard Variance (Cutchogue 7-11 Store, Main Road, Cutchogue, New York) Dear Mr. Goehringer: In connection with the above-captioned application be advised I am the owner of the property on the westerly boundary of the applicant. The applicant's property is zoned B-1 General Business and as such the applicant should be able to use his property in a reasonable fashion for the conduct of its business. The request for a side yard variance is unreasonable because it cannot show that compliance with the zoning ordinance will result in any practical difficulties. The applicant conducts a very busy and I assume successful convenience store. Presently there is inadequate parking for this facility. On the easterly side of the building there is an existing blacktop driveway leading to an off-loading area in the rear of the building. Unfortunately, this area is fenced off and the applicant has caused a large refuse receptacle to be placed in the area taking up valuable parking space. On the westerly side of the building there is located a large garbage container in which the applicant's garbage is placed. The rear yard is vacant and there is approximately 135 feet of land from the rear of the building to the property line. In the front of the store there is a parking area which is woefully inadequate. There are many occasions when this parking lot is completely full and customers have to park their cars on the street in order to gain access to the store. The problem is further compounded with delivery trucks and garbage removal trucks which ~visit the property on a daily basis. ~iven the fact there is presently inadequate parking and a large rear yard which is vacant, the erection of any additional structures should be in the rear yard area. If the proposed accessory building is placed on the westerly side of the existing building the applicant will be forced to move his garbage dumpster Board of Appeals -2- December 6, 1984 elsewhere on the property and no doubt will place it in the parking area eliminating valuable parking space. If the accessory building is located in the easterly side yard, the existing access to the rear of the property will be closed off. In consideration of proper planning and the requirements of the present zoning ordinance the Zoning Board of Appeals should deny the variance request as th~.applicant's request for a storage building can be obviated by erecting it in the large rear yard area. To paraphrase the head Building Inspector's favorite phrase, "The applicant by this request is attempting to put 10 pounds of potatoes in a 5 pound bag". The Board should also require the applicant to place the existing garbage containers in the rear yard a~'ea. ~e Board as a safety factor should require the applicant to constr~ct a driveway on the westerly side of the building so that service vehicles could enter on the easterly side of the building and exit on the westerly side. Any concern about safety can be satisfied by proper lighting in the rear yard area. This would allow for employee parking in the rear yard area, full utilization of the existing parking spaces for customers and would eliminate the need for a side yard variance. Kindly file this letter with your official file in this matter. Very ~r~ly your~f R~ichard F.~JLark RFL/bd Kull's Service Station, Inc. Main Road Cutchogue, New York 11935 December 5, 1984 Board of Appeals Town of Southold Main Road Southold, New York 11971 I am the adjoining property owner on the east side of the 7-11 Store in Cutchogue, New York. I object to having an acces- sory building constructed on either the east side or the west side of the present 7-11 Store as it is a ridiculous request. It will place the building too close to the property lines reducing open space and service vehicles gaining access to the accessory building will interfere with the existing parking area in the front of the store. There is presently a large back yard on the property which is not being used for anything. There appears to be no good reason why this area could not be utilized for the construction of the proposed storage building as well as provide for access of delivery and garbage vehicles. Due to the small parking area in the front of the store I am surprised there are not more accidents with customers attemptin§ to back in and out of the parking spaces. For the safety of the 7-11 customers any new buildings should be constructed in the rear of the property, as a building in the side yard areas will cause further traffic congestion because of access problems and could lead to a serious accident. If an accident occurred as a result of the in- creased congestion, ! believe the Town would be held responsible for helping create an unsafe condition. Thank you for your consideration of this important matter. Sincerely yours, Kull's Service Station,Inc. Robert J. Kull, President RICHARD F. LARK ATTORNEY AT LAW December 6, 1984 Board of Appeals Town of Southold Main Road Southold, New York 11971 ATT: Gerard Goehringer, Chairman RE: Application of Colgate Design Corp. Side Yard Variance (Cutchogue 7-11 Store, Main Road, Cutcho~ue, New York) Dear ~r. Goehringer: In connection with the above-captioned application be advised I am the owner of the property on the westerly boundary of the applicant. The applicant's property is zoned B-1 General Business and as such the applicant should be able to use his property in a reasonable fashion for the conduct of its business. The request for a side yard variance is unreasonable because it cannot show that compliance with the zoning ordinance will result in any practical difficulties. The applicant conducts a very busy and I assume successful convenience store. Presently there is inadequate parking for this facility. On the easterly side of the building there is an existing blacktop driveway leading to an off-loading area in the rear of the building. Unfortunately, this area is fenced off and the applicant has caused a large refuse receptacle to be placed in the area taking up valuable parking space. On the westerly side of the building there is located a large garbage container in which the applicant's garbage is placed. The rear yard is vacant and there is approximately 135 feet of land from the rear of the building to the property line. In the front of the store there is a parking area which is woefully inadequate. There are many occasions when this parking lot is completely full and customers have to park their cars on the street in order to gain access to the store. The problem is further compounded with delivery trucks and garbage removal trucks which visit the property on a daily basis. Given the fact there is presently inadequate parking and a large rear yard which is vacant, the erection of any additional structures should be in the rear yard area. If the proposed accessory building is placed on the westerly side of the existing building the applicant will be forced to move his garbage dumpster Board of Appeals -2- December 6, 1984 elsewhere on the property and no doubt will place it in the parking area eliminating valuable parking space. If the accessory building is located in the easterly side yard, the existing access to the rear of the property will be closed off. In consideration of proper planning and the requirements of the present zoning ordinance the Zoning Board of Appeals should deny the variance request as th~applicant's request for a storage building can be obviated by erecting it in the l~rge rear yard area. To paraphrase the head Building Inspector's favorite phrase, "The applicant by this request is attempting to put 10 pounds of potatoes in a 5 pound bag". The Board should also require the applicant to place the existing garbage containers in the rear yard area. The Board as a safety factor should require the applicant to construct a driveway on the westerly side of the building so that service vehicles could enter on the easterly side of the building and exit on the westerly side. Any concern about safety can be satisfied by proper lighting in the rear yard area. This would allow for employee parking in the rear yard area, full utilization of the existing parking spaces for customers and would eliminate the need for a side yard variance. letter with your official file in this Kindly file this matter. Ver~lY yo~ RFL/bd KulI's Service Station, Inc. Main Road Cutchogue, New York 11935 December 5, 1984 Board of Appeals Town of Southold Main Road Southold, New York 11971 I am the adjoining property owner on the east side of the 7-11 Store in Cutchogue, New York. I object to having an acces- sory building constructed on either the east side or the west side of the present 7-11 Store as it is a ridiculous request. It will place the building too close to the property lines reducing open space and service vehicles gaining access to the accessory building will interfere with the existing parking area in the front of the store. There is presently a large back yard on the property which is not being used for anything. There appears to be no good reason why this area could not be utilized for the construction of the proposed storage building as well as provide for access of delivery and garbage vehicles. Due to the small parking area in the front of the store I am surprised there are not more accidents with customers attempting to back in and out of the parking spaces. For the safety of the 7-11 customers any new buildings should be constructed in the rear of the property, as a building in the side yard areas will cause further traffic congestion because of access problems and could lead to a serious accident. If an accident occurred as a result of the in- creased congestion, I believe the Town would be held responsible for helping create an unsafe condition. Thank you for your consideration of this important matter. Sincerely yours, Kull's Service Station,Inc. Robert J. Kull, President ELEVEn 7-ELEVEN FOOD STORES · LONG ISLAND FIELD OPERATIONS 450WAVERLY AVENUE · BUILDING3 · PATCHOGUE, NEWYORK 11772 · PHONE(516) 475-3433 February 12, 1985 Richard F. Lark Attorney at Law Main Road, P.O. Box 973 Cutchogue, New York 11935 Mr. Robert J. Kull President Kull's Service Station, Inc. Hain Road Cutchogue, New York 11935 Re: 7-Eleven Store #1182-16440 Main Road, Cutchogue Gentlemen: It was a pleasure speaking with you this opportunity to thank you for taking land's need for return bottle space. today and I would like to take the t~me to help resolve South- As was discussed and agreed upon, we will proceed with our applica- tion reflecting the bottle storage unit on the west side of the ~-Eleve~ store behind the dumps[er area. upon rece~p[ or a building permit and construction ot the unl[, [ne trailer parked on the east side of the buildin~ will be removed. As you are well aware, we are temporarily using the trailer for return deposit bottles. The Southland Corporation and 7-Eleven recognize that the community requires more from a business than just a desirable product or service. Our 7-Eleven franchisees view themselves and their store as an integral part of the neighborhood and look forward to a positive relationship with both the community and the neighborhood. THE SOUTHLAND CORPORATION - 2 - Again, I wish to thank you for your understanding and help in resolving the problems encountered with passage of the Bottle Bill. If you have any further questions or concerns, please do not hesitate to contact me. Sincerely, Judy Pascucci Real Estate Representative JP:bd cc: T. Magnanti W. Esseks, Esq. G. Goehrlnger, Chairman Zoning Board of Appeals, Town of Southold ZONING BOARD OF APPEALS Town Hall Main Road - S.R. 25 Southold, N.Y. 11971 NOTICE IS HEREBY GIV- EN, 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 Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commenc- ing at 7:30 p.m. on THURS- DAY, APRIL 11r 1985, and as follows: 7:30 p.m. EMIl. IA T. PIKE, by A. Wickham, Esq., Main Road, MaRituck, NY for a Variance to the Zoning Ordin- ance, Article lB, Section 100. 31, Bulk Schedule for approval of insufficient area of pro- posed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattitack, NY; County Tax Map Parcel No. 1000-140-03-26. ~7:35 p.m. COLGATE DE-~ SIGN CORP., by W. Esseks, ~st Main Street, ~Riverhead, NY for a Variance to the Zoning Ordinance Article VII, Section 100-71 for permission to construct acces- sory building within the west- erly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cut- chOgue, NY; County Tax Map ?arcel No. 1000-102-05.24. ~.,/ 7:40 p.m~ ~ VELOPMENT CORP./SAGE, by J. Forchelli, Esq., 120 MiBeola Rlvd. Min~rdn ]qV clentrearyarci setback, at 2045 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123.02-003. 8:20 p.m.,]~Mlh~C~f.A~. AHO! bi~R. Lark, Esq., Box 973, C~chogue, NY for a Vorianc~to the Zoning Ordin- ance, ArJicle m, Section 100- 31, Bulk Schedule for approval of insufficient area of proposed Lot 3, at premises 6750 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-0%004. 8:30 p.m. WILLIAM AND HELEN COSTE~ by R. Lark, ESq., Box 973, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article II1, Section 100-30(B)[13] for per- mission to establish and build one-story building as a funeral home business, at premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane, Cnt- chogue, NY; county Tax Map Parcel No. 1000-97-6-part of 15; containing 2+ acres in area. The Board of Appeals will at said time and place hear all persons interested in the above matters. Written com- ments may be submitied prior to or during the hearing in question. Dated: March 28, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765.1809 (alt. 1802) 1T-4/4/85(37) COUNTY OF SUFFOLK ss: STATE OF NEW YORK 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 o,f ........ .~ .~'~ ~: ...... , 19 . .... Sworn to before me this ..................... day of ) Notary Public BARBARA FORBES Notary Pubitc, State of New York No. 48(~846 Q~Mified in S~,£~o'k Cou ty Commission Expires March JO, 19' peals at the Southold Town Hall, Main Ro~outhold, NY at a Regular ~[~ing, commencing at 7:30 p~'?on THURSDAY, APRIL 11,19~5, and as follo~ws: 7:30 p.m. EMILIA T. PIKE, by A. Wick, Esq., Main Road, Mat~ituck, NY for a Vari- ance to the Zoning Ordinance, ArticIe IH, Section 100-31, Bulk Schedule for approval of insufi% cient area of propos~ Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Mai'ff Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-~. /7:35 p.m. COLGATE DE-'~ / SIGN CORP. by W. Esseks, Esq., 108 East Main Street./ .Riverbead. NY for a V~ance to/ the Zoning Ordinance, Article( VII, Section 100-71 for permis-kx sion to construct accessory build-/' lng within the westerly sideyard[ area. Location of~ 7-11\ Store, North Side of Main P, oad,~ C~tchogue, NY; Coanty Tax Map Parcel No. 1090-102-05-24. J ~ 7:40 p.m. BAI~FJ~W DE- VELOPMENT CORP.~AGE, by J. Forchelli, ESq., 120 Minegla Blvd, Mine~la, NY 11501 for a Variance to the zo.lng Ordi- nance, Article IH, ~q~on 100- 31, Bulk Schedule antl Article XI~, Se~ion 100-13~Al'or proval of insufficient ~ width of each lot i~ this 19-lot clusl~r developn~nt or subdi~i~on and in~ffiei~ .~t- ' %LEGA~L~NOTicE NOTICE IS HEREBy GIVEN, ~suant to Section 267 of the !wn Law and the Code of -~ ~ o.f Southold, ~e follo~i-~e u aown Board of Ap- backs. Lo~ation of Property: 67380 Main Road, Gilbert, NY; County Tad Map 1~ No. 1~-053~5-~1,001.3, 12.3; ~o~ and refe~ ~ ~"Bree~ 7:55 pm. JOSEP~ LI~WSKI, 29205 Main ~ad, Cu~ho~e, NY for a V~i~ ~ the ~ning ~dinan~, ~icle IH, ~ion 1~-30(B)[6] for ~r- minion ~ ~t~ct b~]~ for pfiva~ mem~hip with an in- s~cient ~tback ~om the ~- ~rly pro~y line. ~tion of ~o~y: N/s ~in ~ad and E/s ~t ~e~ ~ho~e, ~; Co~ T~ Map Pa~l No. 1~-102-02-12.1. 8:~ p.m. JOSEPH L~EWS~ - S~ial Exception h~g ~ ~nvene COhering ~blishment ofra~uetha}Upfi- va~ men.hip club. 8:~ p.m. TOMAS HI.INS, Ruch ~ne, ~u~ld, NY for a V~ ~ ~e ~ning O~i- n~, ~cle ~, ~ion 1~-32 for ~i~on ~ ~mtm~ a~- ~ 8~e ~ ~ontya~ ~, at ~ Ru~ ~e, ~old. NY; ~ T~ ~ P~I No. I~52~2~. ,~- 8:10 p.m. ~O~ C~ ~x 1416, Ma~itu~, ~ for a V~ ~ ~e ~ng ~- ~n~, ~cle HI, ~on 1~31 for ~ion ~ ~ct d~k ad~on~ ~ i~lcient ~ ~, at 2~5 M~- County Tax Map Parcel No 1000-123-0~-003~ 8:20 p m. DOMLNICK VAR- ANO, by R. Lark, Esq. Box 973. Cutehogue, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule for approval of cient area of proposed L~t 3. at premises 6750 I~lian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-07 004. 8:30 p.m. W/LL[A~ AND HELEN COSTER, by R. Lark. Esq., Box 973, Cutchogue, NY for a Speeih] Exception to the Zt~ning Ordinance, Article II], Section 100-30(B)[13] ['or permission to ~-es~ab]ish and build one st,~ry building as a funeral home busi- ness, at premises of Dalchet Corp., S's Main Road ard W s Harbor Lane, Cutchague, NY: County Tax Map Parcel Ne. 1000-97-6-part of 15; containing 2+ acres in a~ea. The Boar~ of ApFeals will at said rime'and place hear all per- sons interested in the above mat- rets. Written comment~ may also be submitted prior to or d~rring the hearing in question. Dated: March 28, 1985. BY ORDER OF THE SOUTHOLD BOARD OF APPEALS GERARD g. GOEHRLNGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (~dt. 1802) 1TA4~1~5~ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANN~ T,E~ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed ia a printed copy, has been regularly published in said Newspaper once each week for ]. weeks successively, commencing on the 4 dayof Aprxl 1~5 Principal Clerk Sworn to bafore me this 4 daYof April 19 83 ANN M. ABATE / f ~ Nu,~,F,Y PUBLIC, State of Ne;~, Yorl~ /J/ F]/'~ ~// ~ Suffolk County No 47~2163_, APPEALS BOARD MEMBERS ~;ERARD P. GOEHRINGER, CHAIRMAN Cth~,F~LES GRIGONIS, JR. ROB£RT J, DOUGLASS JC§EPH H, SAWtCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SE}UTHOLID, L.I., N.Y. 11c.:.:.:J'71 ~'ELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southoldt to wit, L.Z. Traveler-Watchman, Inc. and Suffolk Weekly Times~ Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions~ please do not hesitate to call our secretary, Linde KowalskJ, at 765-1809 (or if no answer~ 765-1S02). Yours very truly, GERARD P. GOEHRINGER C~IRMAN lk Enc lo s ute Copies of Legal Notice to the following on or about Abigail Wickham, Esq., attorney for E. Pike W. Esseks, Esq., attorney for Colgate Design Corp. J. Forchelii, Esq., attorney for Bayview Development H. Raynor, Jr. Dr. Joseph~Lizewski Mr. Tomas Higgins Mr. Harold Carr R. Lark, Esq., attorney for D. Varano and W. Coster Suffolk Times (personal delivery) L.I. Traveler (personal delivery) Zoning Office Bulletin Board Town Clerk Bulletin Board Supervisor Victor Lessard ZBA members ZBA individual files 4/2/85: applications Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 50UTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Office of the Planning Board (Attn: Diane) FROM: Office of the Zoning Board of Appeals (Attn: Linda) DATE: March 18, 1985 SUBJECT: Applications Pending with Z.B.A. and Planning Board To bring you up-to-date and to request your comments or recommenda- tions, the following matters have been filed since our last memorandum to you dated February 8, 1985, and will require action by the Planning Board: Matter of Tentative ZBA Hearing Dominick Varano, by R. Lark April llth as req. Briden Machine March 28th William and Helen Coster by R. Lark April llth as req. Joseph Lizewski April llth ~olgate Design (7-11, Cutch.) W. Esseks May 2 Saba/Kislow/Sujeski May 2 Howard L. Young & Wf. May 2 Sobering by P. Cardinale, Esq. May 2 or 23 Vitale May 23 P. Reinhart, R. Bruer, Esq. May 23 H. Conway, R. Bruer, Esq. May 23 or June 13 Perricone & Cimini, R. Bruer, Esq. June 13 Pindar Winery June 13 or 20 Peconic Vineyards June 13 or 20 Cliffside Assoc./Tetaldi/Tide Mark June 13 or 20 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: FROMi DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 BOUTHI-ILD, L.I., N.Y, ll~?l TELEPHONE (516) 765-1809 Southold Town Planning Board Jerry Goehringer, Z.B.A. Chairman January 16, 1985 Colgate Design Corp. (7-11, Cutchogue) William W. Esseks, attorney for the applicant in the subject application, has filed a variance for approval to construct the lO' by 12' storage building at the westerly side with an insufficient sideyard setback at eight feet. We ask that you review the amendments, a copy of which is enclosed, and make reference to the December 1972 site plan requirements as considered by the Planning Board. Could you tell us whether or not the easterly side yard area is to remain open for accessibility. Thank you for your assistance. South ld Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHnLD, L.I., N.Y. 11'971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlC½t TO: FROM: DATE: SUBJECT: Bennett Orlowski, Jr., Planning Board Chairman Jerry Goehringer, Board of Appeals Chairman February 8, 1985 Applications Involving Planning Board We would like to bring you up-to-date and to request your comments or recommendations on each of the following matters recently filed with our office prior to the advertising deadline, if possible. (Once our hearing is concluded, no additional input legally can be accepted for consideration.) Date Filed Matter of Tentative Deadline 2-1-85 Dominick Varano (Subdivision) 3-4-85 1-28-85 Emilia T. Pike (Subdivision) 3-4-85 1-29-85 Briden Machine (Site Plan, etc.) 3-4-85 1-28-85 Wm. & Helen Coster (" " ") 3-4-85 1-9-85 Joseph Lizewski (Hearing 3-7-85) 1-9-85 ~Colgate Design (7-11, Cut) (Hearing 3-7-85) 12-4-84 Cutchogue Free Library (Hearings 2-14-85) 2-8-85 Saul Millman (Spec. Exc. & Var) 3-4-85 12-31-84 Bayview Development Corp. 3-4-85 The arranged to be held for hearings in the following matters have received your responses and have been immediate future: Thomas Perillo Robert and Aldona Norkus John and Frances DiVello Alice D. Currie Meehan and Leonardi Hearing 2-14-85I Hearing 3-7-85* (Hearing 3-7-85*) (Hearing 3-7-85) (Hearing 3-7-85) APPEALS BOARD MEMBERS GERARD 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. 11971 TELEPHONE (516) 765-1809 January 16, 1985 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY ll901 Re: Appeal No. 3323 Colgate Design Corp. (7-11, Cutchogue) Dear Mr. Esseks: This letter will confirm that the application filed in the above matter was reviewed by the Board of Appeals at our Regular Meeting of January lOth. We have requested the Planning Board to review same and submit its comments or suggestions under Section 100-134 (site plan elements). The public hearing on this matter is expected on or about February 28th, and notice of same will be forwarded to you when prepared for publication. In the interim, it is suggested that the site plan as amended be filed with the Planning Board and that an additional three copies be filed with us for appropriate referrals in this variance process. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 1 NOTICE TO ALI.~ YOU ARE REQUt; ~DAN~ APRONS TO ~ CouNTY DEPARI'M£NT OF ' '~ H sUFFOLK ENViROIqMENTAL HEALT'¥ $,~RVICES DIViSIoN,OF" D&TE -~-~~---- =-- ~ ~,~PO~', AND ''Z-'.'-" '~':RE APPROVED ~H AC{"~?~,]'~,,~FOt..K COkjri~Y O~P~R1 MEN~' OF HEAL.TH THiS AppROVA - ,~ ....... ~ OFAN~ LO(.AL u u ' Ci~t~ ~ 0[: C, Eh~t~RAL ENGiNEE~tNC TOW o RICHARD F. LARK ATTORNEY AT LAW December 6, 1984 Board of Appeals Town of Southold Main Road Southold, New York 11971 ATT: Gerard Goehringer, Chairman RE: Application of Colgate Design Corp. Side Yard Variance (Cutchoaue 7-11 Store, Main Road, Cutchogue, New York) Dear Mr. Goehringer: In connection with the above-captioned application be advised I am the owner of the property on the westerly boundary of the applicant. The applicant's property is zoned B-1 General Business and as such the applicant should be able to use his property in a reasonable fashion for the conduct of its business. The request for a side yard variance is unreasonable because it cannot show that compliance with the zoning ordinance will result in any practical difficulties. The applicant conducts a very busy and I assume successful convenience store. Presently there is inadequate parking for this facility. On the easterly side of the building there is an existing blacktop driveway leading to an off-loading area in the rear of the building. Unfortunately, this area is fenced off and the applicant has caused a large refuse receptacle to be placed in the area taking up valuable parking space. On the westerly side of the building there is located a large garbage container in which the applicant's garbage is placed. The rear yard is vacant and there is approximately 135 feet of land from the rear of the building to the property line. In the front of the store there is a parking area which is woefully inadequate. There are many occasions when this parking lot is completely full and customers have to park their cars on the street in order to gain access to the store. The problem is further compounded with delivery trucks and garbage removal trucks which visit the property on a daily basis. Given the fact there is presently inadequate parking and a large rear yard which is vacant, the erection of any additional structures should be in the rear yard area. If the proposed accessory building is placed on the westerly side of the existing building the applicant will be forced to move his garbage dumpster Board of Appeals -2- December 6, 1984 elsewhere on the property and no doubt will place it in the parking area eliminating valuable parking space. If the accessory building is located in the easterly side yard, the existing access to the rear of the property will be closed off. In consideration of proper planning and the requirements of the present zoning ordinance the Zoning Board of Appeals should deny the variance request as the applicant's request for a storage building can be obviated by erecting it in the large rear yard area. To paraphrase the head Building Inspector's favorite phrase, "The applicant by this request is attempting to put 10 pounds of potatoes in a 5 pound bag". The Board should also require the applicant to place the existing garbage containers in the rear yard area. The Board as a safety factor should require the applicant to construct a driveway on the westerly side of the building so that service vehicles could enter on the easterly side of the building and exit on the westerly side. Any concern about safety can be satisfied by proper lighting in the rear yard area. This would allow for employee parking in the rear yard area, full utilization of the existing parking spaces for customers and would eliminate the need for a side yard variance. Kindly file this letter with your official file in this matter. Very. t~ly yours, ~ichard F. 'Lark RFL/bd Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SrlUTHOLO, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON)S, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance Hatch 28 , S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION 1985 APPEAL NO.: ~ 5'~a5 PROJECT NAME: ~~ 'L.~.~_,.~,. ~:_~, 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: [~] TFpe II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to construct accessory buildin~ within the westerly sideyard area. LOCATION OF PROJECT: particularly known as: ?-1~ 1000-102-05-2~ Town of Southold, County of Suffolk, more Store, North Side of Hain Rd. Cutchogue, NY 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' of tidal wetlands or other critical enviromental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsKi, 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. J{ DII'IIT. IIRRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 IFI FPHONE {516) 765-1801 January 9, 1985 To: Southold Town Zoning Board of Appeals Judith T. Terry, 8outhold Town Clerk Transmitted herewith is Zoning Appeal No. Design Corn. for a variance. Included is from William W. Esseks,of Esseks, Hefter, a~ent. 3323 application of Colgate the letter of transmittal Cuddy & Angel, acting as · udith T. Terry ~' Southold Town Clerk ESS~:KS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 108 EAST ~4AIN ~:~IVERHEAD, N Y 11901 January 8, 1985 Zoning Board of Appeals Town of Southold Town Hall Southold, New York 11971 Dear Sirs: Pursuant to your request, enclosed herewith please find the following in regard to the 7-11 Store located in Cutchogue: 1. Application to Zoning Board of Appeals which has been signed in triplicate together with application fee of $50.00. 2. Short Environmental Assessment Form verifying that the property is not located with 300 feet of waterfront or wetlands area. 3. Notice of Disapproval from the Building Inspector. 4. Notice of Adjacent Property Owners with Affidavit of Mailing and certified mail receipts affixed. 5. One (1) ~rint of the revised map moving the proposed structure from the east side of the present store to the west side as per the instructions of the Board. You have already been delivered several prints but if you need more, please let me know. Kindly place this matter on the agenda for the next meeting of the Zoning Board of Appeals and advise the undersigned as to the date and time. If you have any guestions or require additional information regarding the above, please do not hesitate to call. Very truly yours, William W. Esseks ~E:gm Encs. ~I'OWN OF SOUTHOLD, NEW YORI4 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~' ' '~ DATE .~N TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y ' , 300 ~[6tor ~arkway (We) .~Q.~.~.~;:.f,~..J,D..e...s..~.,~Q...,C.o...r.p.: ................. of ...~..~..u. RR~,~g.e..~...,N.e.~....~...o.~..k. ............................ Name of Appellant Street and Number Municipality New York ............................ HEREBY APPEAL TO Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 3/16/84 [.'OR: construction of accessory building WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ..... 30rt..Mo t hr.. ~arkwa ~,., ..lm u.p pau&e,...Ne.~..Y oz, k ................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Accessar, y ~u~ldin~ I LOCATION OF THE PROPERTY Matn..Road,...Cul:,'hog,,~ ......... , ................................. Street ~ H~nlet Zone Sec. 102, block 5, lot 24 OWNER(S): .~9~gA~.D~ig[%.Corp. .... Map No Lot No D~TE PURCHASED: ..................... : PROVISION {S) OF THE ZONING ORDINANCE APPEALED {Indicate the Article Section, Sub- ,,ethan and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3 FYPE OF APPEAL Appet~l is mode herewilh for tX ~ A VARIANCE to the Zonmg Ordinance ar Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art 16 Sec. 280A Subsection 3 ,1984 4 Pt-2EVIOUS APPEAL A prewous appeal ~ (has not) been made with respect to this decision of the 13uildmg Inspector or with respect to this property. Such cppeol was ( } request for a special permit ( ) request for o variance a,~d was made ,n Appeal No ......................... Doted ..................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsechon 3 ( ) A Variance to the Zoning Ordinance (X) A Variance ,s requested for the reason that we would like to construct an accessory building for the purpose of storing return bottles & cans as per New York State "Bottle" Law and ~a~ there is insufficient side yard set back, on the subject premises. Form ZBi (Continue on other side) / ~E.ASON FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the existing dimension requirements of the site as improved do not allow t,he proposed expansion for a "bottle return" facility as required by the New York State "Bottle Law" and reasonable health requirements mitigating against inside storage in a are that sells food. Passage of the recently enacted Bottle Law was not anticipated at the time of original construct~n and therefore outside storage was not included. ? The hardship created is UNIQUE and is not shared by o11 properties alike in the immediate v,c,nd¥ of this property and in this use district because the S;l. te aa ~mproved met prior requirements of the law and the enl~rSe~mnt for the bottle return facility as required by the New York State '~ottle L~w" is necessary for the subject premises only because surroundln~ properties are not required to receive return bottles. 3 TI,c Variance would observe the spirit of the O~'dinonce or~ WOULD NOT CHANGE THE '_11/,I~ACTER OF THE DISTRICT because the u~e #oul-d remaf, n the same. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Wtllia= W., ~,~ ,attorney for ~ / epplieaatlmmer S~orn to this .............................................. day of... ~ ...... ~~ ..... 19 8~ // ~o~orv Pu~ic BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold : TO: D & A Albrecht Mattituck-Cutchogue School District Kulls Service Station, Inc. Richard F. Lark NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold request (~ianceJ~..~Special Exception) (Special Permit) (Other) [circle choice] to ). 2. Thattheproperty whichisthesubiectofthePetitionislocatedadjacenttoyourpropertyandisdes- cribedasfollows: North by Main Road (NYS Rte. 25); East by Richard F. Lark~ South by Mattituck-Cutchogue School District; West by D & A Albrecht a~d Kulls Service Station, Inc. 3. Thatthenroperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: B-t General Business 4. That by such Petition, the undersigned will request the following relief: Side yard setback variance 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VII Section 100-71 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: /~ /~/84 ESSEKS, HEFTER, CUDDY & ANGEL By: ~_~ ~/_ Petitio,er- attorneys for Colgate Design Corp. Post Office Address P.O. Box 279 Riverhead, N.Y. 11901 NAMI~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 1. D & A Albrecht 2. Mattituck-Cutchogue School District 3. Kulls Service Station, Inc. 4. Richard F. Lark 95 Depot Lane Cutchogue, New York 11935 Main Road Cutchogue, New York 11935 Main Road Cutchogue, New York 11935 P.O. Box 973 Cutchogue, New York 11935 PS Form 3811, July 1983 DOMESTIC RETURN RECEIPT STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ficeat Riverhead: New York (certified) ~X) mail. Gene L. May , residing at Ouogue New York , being duly sworn, deposes and says that on the 30th day of November ,19 84 , 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- ; that said Notices were mailed to each of said persons by Sworn to before me this 30th day of/~ November ,19 84 Notary Public (Gene L. May) BAR~ARA C. BONER Nota~ Pubic, State of New¥1~k No. 52-1961010 Qualified in Suffo k County Commission F. xpire~ March 30, 1985 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 1. D & A Albrecht me Mattituck-Cutchogue School District 3. Kulls Service S~ation, Inc. 4. Richard F. Lark 95 Depot Lane Cutchogue, New York Main Road Cutchogue, New York Main Road Cutchogue, New York P.O. Box 973 Cutchogue, New York 11935 11935 11935 11935 As per Richard F. Lark STATE OFNEWYORK) COUNTY OF SUFFOLK) Gene L. May New York January , residing at Quogue , being duly sworn, deposes and says that on the _..~ ,.-~- day ,19 ~ ~, deponent mailed a true copy of the Notice set forth on the re- --~.~ to each of zhe above-named persons az the addresses set opposite their respective .... · rnes of said persons are the addresses of said persons as shown on · -~:a Notices were mailed at the United States Post Of- - '~iled to each of said persons by 1886 T The N.Y.S. Environmental (luality Review mission of this jIi~rm, and an ~vironlnental made by thi~ bn~l~befo~e ally actioH i., t Act requires sub' ~iew wi I1 be (&) In crder tu ;~nswer t?:e ques~.n:~ in this shcrt ~,Ar 1~ is agmu~med that the ,n ..... ~t.~on ccnce~in~ the project anJ the If ,,ny ~uestt,on has %,men ar.m~r'ed Yes the project !f all questions have leen answered (d) ~.nvlro~ent21 %sgessment 1. Will project result ina ~ar~e tksn i0 acre'~ of land'~ · · · · · · · Ye$--X No W~!! ~%r~',~.e':% have a potentially large ....... ~ quality? W~! projecZ si~i?cantiy effect drainage fl~w on adjacent sites~ .... , ...... ~ specze~? , . . , , , , Yes ~ No ~;..1 ~rcoect res~ in a major adver~s effect a~r ~ua~ .... o Yes ~ No ~J~ ~rcje'~ ha"e a ~r~Jor effect cn visual cha~ ~ ..... 'a by a local ag~mcy? I0. W~I project have a ~Jor effect on exist~g or 1!. Will projact result in ~r~Jor traffic problems or 12. ' ~ Wiil pro~ec: have an7 impact on public health 1L. Will project Affect the ex!sting cor:~-:unlty by Yee 2L-- No les X No ~ ....~ ~i -~'~':~..~ attorney for ownar/applc.. ~esign Corp._ DATE: /- ~' ~ ~ QUESTIONNAIP, E TO BE COMPLETED AND FILED WITH APPLICATION Tb THE Z.B.A. Tile New York State Tidal Wetlands and Use R~.~gulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building u, 0, S.U.N.Y., Stony Brook, NY 1179% (tel. 516-751-7900), if you have checked Box #l and/or Box #6 below. Piease eithei call their office or personally visit them ,-t th2ir Stony Brook office for instructions and application forms. Once you have received written notificatiun of approva please provide our office with a copy (witil the conditions) as early as possible in order that we may continue processing your Z.B.A. application. ! ] I. [ ] 2. Ix] [ [ [ ) [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' oi waterfro*,t cr wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property h'om this environmenta! area: existin!j structures t)luff a~"ea moi'(, than 10' i~ eleva,.ion [,bore mean sea level Tills ' ro'~c..ed addition/expansion of an existing building will be more than 75' from tile ]atldwa~'~J ed.cie of tidal wetlands/waterfront areas. Ttlis p~',q)osed addition/expa~ision of an existing building will NOT be more than 75' from the_ landward edge of tidal wetlands/waterfront Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review arid approval, if you are able tu provide tt~em with recent photographs of the project and wetland areas, it would help expedite the processin9 of your' applica- tion. This questionnaire is made to explain tile requirements of this State I_aw and to prevent any unnecessary delays in pt'oc'essin9 your application(s). ! ./ ~< 9,2 9°3 2 6 '-~ - ~-----,---~ ~oo I ~r'~ t-k~Ul~/¥ ~'~ ~, .... ~._ '--~ - '" ~lNeal Propertv T~,. c ~'.'~La '~ oervlce Agency 'v~:,~: Coun[y Center RiVerhead, [ I, New York KEY LOCATION MAP F °0:4° NOT iNCLUDING OFF-SITE GUANTtTIE$ AREA OF SITE- ', ¢. ~-0 ACRES , AREA OF BUILDING - extCr,~c - z~/~ ~ ~,~.-4~o PERCENT OF LOT OCCUPANCY- AREA OF PAVING- AREA OF CONCRETE- AREA OF PLANTING- AREA OF SEEDING OR SODDING' AREA nfO REMAIN IN NATURAL STATE- - PARKING SPACES REQUIRED- PARKING SPACES PROVIDED- LOADING SPACES REQUIRED- LOADING SPACES PROVIDED- DATUM - USE OF SITE- ZONING OF sITE- ESTIMATE OF ON-SITE UANTITIES CONCRE 1 L CURB- CONCRETE SIDEWALK- ASPHALT PAVING- LEACHING CATCH BASINS: ~' DIAM, 3, RINGS~DOME & GRATE ¢' DIAM. 3 RING~DOME & COVER /$' R.C.P. CHAIN LINK FENCE- 3~ CAL. NORWAY MAPLE TREESm SHRUBS - z.s ?osq. FT. -- SQ. FT. -- SPACE 3 PROVIDB Go LiN, ~ J CUTCHOGUE · "] mTOWN ~ COUNTY OF SUFFOU{ '~i:: :'~ '