HomeMy WebLinkAbout2250
TOWN OF SOUTHOLD, NEW YO~K
DATE ..~.~.~...21, 1977
ACTION OF THE ZONING BOARD OFAPPEALS
Appe~ No. 2250 DaSd February 17, 1977
ACTION OF THE ZONING BOARD OF APPEALS OFT HE TOWN OF SOUTHOLD
To Agway Petroleum Corp.
P.O. Box 705
Pulaski St., Riverhead, NY 11901
Appellant
at a meeting of the Zoning Board of Appeals on April 21, 1977
was considered and the action indicated below was taken on your
( ) Bequest for variance due to lack of access to property
(X) Request for a special exception under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
cor~filTned becanse 7:50 P.M. (E.S.T.) resumed hearing upon application of
Agway Petroleum Corp., P.O. Box 705, Pulaski Street, Riverhead, New
York for a special exception in accordance with the Zoning Ordinance,
Article VII, Section 100-70 B (4) for permission to operate a self-
service gasoline station. Location of property: west side Youngs
Avenue, $outhold, New York, bounded on the north by G. Miner and
George Ahlers & others; east by Youngs Avenue; south by Goldsmith
and Tuthill and Long Island Railroad; west by George Ahlers & others.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
SEE REVERSE
difficulties or unnecessary
(b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
SEE REVERSE
FOR]NI ZB4
ZONING BOARD OF APPEALS
After investigation and inspection, the Board finds that the
applicant requests permission to operate a self-service gasoline
station, west side Youngs Avenue, Southold, New York. The findings
of the Board are that to prohibit this action after the applicant
has met all the criteria in the Zoning Ordinance would not be a
proper action of the Board of Appeals. To prohibit this type of
use in the Town of Southold is a matter for the Town Board.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
be permanently or substantially injured and the spirit of the Or-
dinance will be observed.
THEREFORE IT WAS RESOLVED, Agway Petroleum Corp., P.O. Box
705, Pulaski Street, Riverhead, New York, be GRANTED permission
to operate a self-service gasoline station, west side Youngs
Avenue, Southold, New York, as applied for, subject to the fol-
lowing conditions:
1. The pumps shall be placed no closer than 35' from the
northerly side of the extension of Hummel Avenue.
. 2. The following condition from the National Fire Protection
Association Flammable and Combustible Liquids Code shall be imposed:
"7-7.4.3 Ail self-service stations shall have at least one atten-
dant on duty while the station is open to the public. The attendant's
primary function shall be to supervise, observe and control the dis-
pensing of Class I liquids while said liquids are actually being
dispensed.
3. The following conditions from the Code of the Town of
Southold, Zoning Ordinance, Section 100-70 B (4) shall be imposed
where applicable:
(a) Entrance and exit driveways shall have an unrestricted
width of not less than twelve (12) feet and not more than thirty
(30) feet and shall be located not less than ten (10) feet from
any property line, and shall be so laid out as to avoid the neces-
sity of any vehicle backing out across any public right-of-way.
(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 or
oil, shall be conducted in a building.
(d) The storage of gasoline or flammable oils in bulk shall
be located fully underground and not less than thirty-five (35)
feet from any property line other than the street line.
(e) No gasoline or fuel pumps or tanks shall be located
less than fifteen (15) feet from any street or property line.
(f) No motor vehicle sales, used car lots, gasoline service
or repair shops or similar businesses are to be located within
three hundred (300) feet of a church, public school, library,
hospital, orphanage or a rest home.
Vote of the Board: Ayes: - Messrs: Gillispie,
Nays: mr. ~rigonis.
RECEIVED AND FILED BY
THE SOUTHOLD TOVfi~ CLEi~(
Bergen, Hulse.
, Towel o~ Sou/hold
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
~of the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Office, Main Road, Southold, New York on
Thursday, April 21, 1977, on the following appeals:
7:30 P.M. (E.S.T.) - Decision upon application of Nicholas
W. Ippolito for a variance to divide property with existing
buildings, south side North Road (CR27), SoUthold, New York.
7:50 P.M. (E.S.T.)
Agway Petroleum Corp.,
New York for a special
- Resumed hearing upon application of
P.O. Box 705, Pulaski Street, Riverhead,
exception in accordance with the Zoning
Ordinance, Article VII, Section 100-70 B (4) for permission to
operate a self-service gasoline station. Location of property:
west side Youngs Avenue,- Southold, New York, bounded on the
north by G. Miner and George Ahlers
Avenue; south by Goldsmith & Tuthilt
west by George Ahlers & others.
& others; east by Youngs
and Long Island Railroad;
8:30 P.M. (E.S.T.) upon application of Walter F. and
Flora S. Luce, 505 Skunk Lane, Cutchogue, New York for a variance
in accordance with the Zoning Ordinance, Article XI, Section
100~118 E for permission to enlarge an existing, non-conforming
building. Location of propertY: South side Main Road (Route 25
Cutchogue, New York, bounded on the north by Route 25; east by
V. Cierach; south by North Fork Bank & Trust Co.; west by North
Fork Bank & Trust Co.
8:40 P.M. (E.S.T.) upon application of Ellis and Helen
Hyers, 308 Forsythe Avenue, North Linderhurst, New York for a
variance in accordance with the Zoning Ordinance, Article !ii,
Section 100-30 and Bulk Schedule for permission to divide prop~
erty with insufficient width and area. Location of property:
South side Oak Drive, Cutchogue, New York, bounded on the north
by Oak Drive; east by R. Langemyr; south by Thomsen and Belz;
West by R. Slavin.
Legal Notice -2- Hearings: April
21, 1977
8:50 P.M. (E.S.T.) upon application of Robert Adipietro,
Pe~onic Lanej Peconic, New York for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for p~rmission to set off dwelling on lot with insuffi-
cient width and area. Location of property: Indian Neck Lane
and Leslie Road, Peconic, New York, bounded on the north by
Leslie Road; east by Indian Neck Lane; south by.Lots 92 and 4
"East Hill" Subdivision.
9:00 P.M. (E.S.T.) upon application of Rhoda Weston, 76
Bogart Avenue, Port Washington, New York for a variance in ac-
cordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to construct dwelling with
insufficient side-yard se%back. Location of property: West sid.
Snug Harbor Road, Greenport, New York; Lot ~55, Section III,
Cleaves Point Subdivision.
9:10 P.M. (E.S.T.) upon application of Theodore Andruski,
Walnut Avenue, Mattituck, New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-32 for per-
mission to construct accessory building in front yard area.
Location of property: West side Walnut Avenue, Mattituck, New
York, bounded on the north by Deniz and Hell; east by Walnut
Avenue; south by W. Corwin; west by Corwin, Yarusso, & Coutts.
9:20 P.M. (E.S.T.) upon application of Carol and John
Plock, Jr., 10003 No. Bayview Road, Southold, New York for a
variance in accordance with the Zoning Ordinance, Article iii,
Section 100-32 for permission to construct tower exceeding maxi-
mum height. Location of property: Right-of-way, north side
North Bayview Road, Southold, New York, bounded on the north
and east by Kerester & others; south by J. Plock; west by
right-of-way.
9:30 P.M. (E.S.T.) upon application of Spencer W. Petty,
Track Avenue, Cutchogue, New York for a variance in accordance
Legal Notice -3- Hearings: April 21, 1977
with the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for permission to divide property with. insufficient
width and area. Location of property: West side Track Avenue,
Cutchogue, New York, bounded on the north by K. Gagen; east by
Track Avenue; south by Lots 1 and 5, Pequash Acres; west by
Tyte and Fior.
9:45 P.M. (E.S.T.) upon application of George Foster,
Bayview Road, Southold, New York for a variance
with the Zoning Ordinance, Article III, Section
Schedule for permission to divide property with
Location of property: North side Bayview Road,
York, bounded on the north by Canal (West Creek);
south by Bayview Road; west by McCasalan.
in accordance
100-30 and Bulk
existing dwelling
Southold, New~
east by Obre;
Any person desiring to be heard on the above appeals
should appear at the time and place above specified.
Dated.:~~ April 8, 1977
BY ORDER~OF-.T-HE SOUTHOLD
TOWI~ BOARD OF APPEALS
PLEASE PUBLISH ONCE, APRIL 14, 1977, AND FORWARD NiNE (9)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on April 8, 1977:
Agway Petroleum Corp.
Walter F. and Flora S. Luce
Ellis and Helen Hyers
Joan Langemyr re: Hyers
Robert Adipietro
Rhoda Weston
Theodore Andruski
Carol and John Plock, Jr.
Spencer W4 Petty, III
George Foster
LEGAL NOTICE
Notice of Hearings
Pursuant to S~ction 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Office, Main Road, Southold, New York on
Thursday, March 10, 1977, on the following appeals:
8:15 PiM. (E.S.T.) upon application of Agway Petroleum Corp
P.O. Box 705, Pulaski Street, Riverhead, New York for a special
exception in accordance with the Zoning Ordinance, Article VII,
Section 100-70 B (4.) for permission to operate a self-service
gasoline station. Location of property: west side Youngs Ave-
nue, Southold, New York, bounded on the north by G. Miner and
George Ahlers & others; east by Youngs Avenue; south by Goldsmit~
& Tuthill and Long Island Railroad; west by George Ahlers &
others.
8:35 P.M. (E.S.T.) upon application of John P. and Mary F.
Krupski, Depot Lane, Cutchogue, New York (William Wickham, Esq.)
for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-30 and Bulk Schedule for permission to set off
lot with existing building. Location of property: northeast
side of Depot Lane, Cutchogue, New York, bounded on the north,
east~ and south by other land of applicant; west by Depot Lane.
8:45 P.M. (E.S.T.) upon application of Stanley W. Krupski,
Middle Road, Cutchogue, New York and Walter J. Krupski, 146
Bridge Lane, Cutchogue, New York (William Wickham, Esq.) for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to set off lot
with existing building. Location of property: north side CR27,
Cutchogue, New York, bounded on the north by other land of appli
cant; east by now or formerly Henry Taca; south by CR27 (Middle
Road); west by other land of applicant.
Legal Notice
-2- Hearings: March 10, 1977
9:00 P.M. (E.S.T.) upon application of Barbara A. Berdinka,
Main Road, Laurel, New Yo~k (Abigail A. Wickham, Esq.) for a
variance in.accordance with the Zoning Ordinance, Article III,
Section 100-60 A (1) and Bulk Schedule for permission to convert
existing accessory building to dwelling. Location of property:
north side Main Road, Laurel, New York, bounded on the north
by now or formerly Youn~ & Scholtz; east by now or formerly D.
Catalano; south by Main Road; west by now or formerly Young &
Scholtz,
Any person desiring to be heard on the above appeals
should appear at the time and place above specified.
Dated: February 25, 1977 BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH ONCE, MARCH 3, 1977, AND FORWARD FOUR (4)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on February 25, 1977:
Agway Petroleum Corp.
William Wickham, Esq. a/c John P. and Mary F. Krupski
Stanley W. and Walter J. Krupski
Abigail Wickham, Esq. a/c Barbara A. Berdinka
LEGAL NOTICE
Notice
of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Board of Appeals at the
Town Office, Main Road,
Southold, New York on Thursday,
March 10, 19W, on the following
appeals: ~'~ ~
'~ 8:15 P.M. (E.S.T.) upon ap-
plication of Agway Petroleum
Corp., P.O. Box 705, Pulaski
Street, Riverhead, New York for
a special exception in accordance
with the Zoning Ordinance,
Article VII, Section 100-70 B (4)
for permission to operate a self-
service gasoline station. Location
of property: west side Yoangs
Avenue, Southold, New York,
bounded on the north by G. Miner
and George Ahlers & others; east
by Youngs Avenue; south by
~ Goldsmith & Tuthill and Long
~Island Railroad; west by Goerge ]
IAhlers & others. ~
L 8:35 P.M. (E.S.T.) upon ap-
plication of John P. and Mary F.
Krupski, Depot Lane, Cutchogue,
New York (William wickham,
Esq.) for a variance in ac-
cordunce with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to set off lot with existing
building. Location of property:
northeast side of Depot Lane,
Cutchogue, New York, bounded
on the north, east, and south by
other land of applicant; west by
Depot Lane.
8:45 P.M. (E.S.T.) upon ap-
plication of Stanley W. Krupski,
Middle Road, Cutchogue, New
York and Walter J. Krupski, 146
Bridge Lane, Cutchogue, New
York (William Wickham, Esq.)
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
I for permission to set off lot with
existing building. Location of
property: north side CR27,
Cutchogue, New York, bounded
on the north by other land of
applicant; east by now or for-
merly Henry Taca; south by CR
27 (Middle Road); west by other
land of applicant.
9:00 P.M. (E.S.T.) upon ap-
plication of Barbara A. Berdinka,
Main Road, Laurel, New York
(Abigail A. Wickham, Esq.) for a
variance in accordance with the
Zoning Ordinance, Article III,
section 100-60 A (1) and Bulk
Schedule for permission to
convert existing accessory
building to dwelling. Location of
property: north side Main Road,
Laurel, New York, bounded on
the north by now or formerly
Young & Scholtz; east by now or
formerly D. Catalano; south by
Main Road; west by now or
formerly Young &. Scholtz.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: February 25, 1977
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
OF APPEALS
· being duly Sworn,
1TM3~2625 er of the SUFFOLK
?IMES, a newspaper published at Greenport. in said
~hat the notice, of which the annexed is u printed
~en published in the said Suffolk Weekly/ Times
week, ~or one (1)
........................... weeks
commencing on the ~l:hird
...........................
,forte me thi~ .~/
...... · ..... ....... ; ....
r
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Z6ne Or-
dinance of the Town of Southold,
New York, public hearings will be
held by the Zoning Board of
Appeals at the Town Office, Main
Road, Southold, New York on
Thursday, March 10, 1977, on th
following appeals: ~
/'~ 8:1S P.M. (E.S.T.) upon appli-
I c~ation of Agway Petroleum Corp.,
J.P.O. Box 70S, Pulaski Street,
/ R{verhead, New York for a special
I e~xception in accordance with the
I Zoning Ordinance, Artic{e VII,
Section 100-70 B (4) for permis
sion to operate a self-servic(
gasoline station. Location o~
property: west side Youngs Ave
hue, Southold, New York, bound-
ed on the north by G. Miner and
George Ahlers & others; east b'
Youngs Avenue; south by Gold
smith & Tuthi0 and Long Islam
Railroad; west by George Ahlers
-& others. .-..------
8:3S P.M. (E.S.T.) upon appli-
cation of John P. and Mary F.
Krupski, Depot Lane, Cutchogue,
New York (William Wickham,
Esq. I for a variance in accordande
with the Zoning Ordinance. Art-
icle Ill. Section 100-30 and Bulk
Schedule for permission to set off
lot with existing building. Loca-
tion of property: northeast side of
Depot Lane, Cutchogue, New
York, bounded on the north, east,
and south by other iand of
applizant; west by Depot Lane.
8:4S P.M. (E.S.T.) upon appli-
cation of Stanley W. Krupski,
Middle Road, Cutchogue, New
York and Waiter J. Krupski, 146
Bridge Lane, Cutchogue, New
York (William Wiekham, Esq.)
for a variance in accordance with
"ihe Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to set off lot with
existing building. Location of
property: north side CR27, Cut-
chogue, New York, bounded on
the north by other land of
applicant; east by now or formerly
Henry Taca; south by CR27
(Middle Road); west by other land
of applicant.
9:00 P.M. (E.S.T.) upon appli-
cation of~Barbara A. Berdinka,
Main Road, Laurel, New York
(Abigail A. Wickham, Esq.) for a
variance in accordance wish ~l~e
Zoning Ordfiance Article lli
Set, on 100-60 A (1) and BUlk
Schedule for permission to con-
vert existing accessory building to
dwelling. Location of property:
north side Main Road, Laurel,
New York, bounded on the north
by now or formerly Young &
Scholtz; east by now or formerly
D. Catalano; south by Main Road;
west by now or formerly Young &
Scholtz.
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: February 2S, 1977
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1T-3/3
COUNTY OF SUFFOLK [ ss:
STATE OF NEW YORK j
Sherley Kotz, being duly sworn, says that she is on
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o 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-Watch-
man once each week for ........................................ weeks
successively, comrnencing on the
day ..~ .................................. , ...........
Sworn to before me this ...... /~ ............... day o,
& l~'~zz -~ -~v~ 19..l..../..
/
ETHEL PALtADINO
NOTARy PUBLIC, State of New ¥o~
No. 52-4628953
Qualified in Suffolk County
Commission Expires March 30, 1978
LEGAL NOTICE
Notice of
Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Board of Appoah at the
Town Office, Main Road,
$outhuld, New York on Thursday,
April 21, 1977, on the following
appeals:
7:30 P.M. (E.S.T.)--Decision
upon apphcatinn of Nicholas W.
Ippolito for a variance to divide
property with existing buildings,
south side North Read
Southold, New York.
r 7:50 P.M. (E.S.T.)--Resumed
hearing, upon application of
Agway Petroleum Corp., P.O.
Box 705, Pulaski Street,
Riverhead, New York for a
special exception in accordance
with the Zonihg Ordinance,
Article VII, Section 100-70 B (4)
for permission to operate a self-
service gasoline s~ation. Location
of property: west side Youngs
Avenue, Southold, New York,
bounded on the north by G. Miner
and George Ahlers & others; east
~bY Youngs Avenue; south by
Goldsmith & Tuthfll and Long
)Island Railroad; west by George
Ahlers & others.
8:30 P.M. (E.S.T.) upon ap-
plication of Walt~r F. and Flora
S. Luce, 505 Skunk Lane, Cut-
chogue, New York, fec a variance
in accordance with the Zoning
Ordinance, Article XI, Section
100-118 E for permission to
enlarge an existing, non-
conforming building. Location of
property: South aide Main Road
(Route 25), Cutchogue, .New
York, bounded on the north Route
25; east by V. Cierach; south by
North Fork Bank & Trust Co.;
west by North Fork Bank & Trust
Co.
8:40 P.M. (E.S.T.) upon ap-
plication of Ellis and Helen
Hyers, 308 Forsytbe Avenue,
North Lidenhurst, New York for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: South side
Oak Drive, Cutchogue, New
York, bounded on the north by
Oak Drive; east by R.
Langemyr; south by Thomsen
and Belz; west by R. Slavin.
8:50 P.M. (E.S.T.) upon al)-
plication of Robert Adipietro,
Peconi. c Lane, Peconic, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
(continued on next page)
COUNTY OF SUFFOLR, ]
STATE OF NEW YORK, ~ ss:
.S..~.u.a.v.~ .C.r..D..o.r.m.a..n .................. being duly Sworn,
says that. .he..... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and that the noti~, of which the annexed is a printed
copy, has been published in the s~id Suffolk Weekly Times
once in each week, tot one (1) weeks
successively oommencing on the ...f.o..u~..~,e.e.~?.h. ...........
day of .. ,A,p~.~..,~.~ .... /:~19...7.7
Sworn to be./ore me this .../..~ ..... I
of.. ,~/,f~.~,~d ......... 19. ,7.. Z'J
day
/
..... : ........... 3" ;"";.'5 ........
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Or-
dinance of the Town of Southold,
New York, public hearings will be
held by the Zoning Board of
Appeals at the Town Office, Main
Road, Southold, New York on
Thursday, April 21, 1977, on the
following appeals:
7:30 P.M. (E,S,T.) - Decision
upon application of Nicholas W.
Ippolito for a variance to divide
property with existing buildings,
south side North Road (CR27),
.Southold, New York.
, 7:59 P.M. (E.S.T.) - Resumed~
hearing upon application of
way Petroleum Carp., P.O. Box
705, Pulaski Street, Riverhead,
New York for a special exception
in accordance with the Zoning
Ordinance, Article VII, Section
100-70 B (4) for permission tc
operate a self-service gasoline
station. Location of property
west side Youngs Avenue, South
old, New York, bounded on thc
north by G. Miner and George
Ahlers & others; east by Young~
Avenue; south by Goldsmith &
~Tuthil] and Long Island Railroad;
west by George Ahlers & others.]
8:30 P.M. (E.S.T.) upon appli.
cation of Walter F. and Flora S.
Luce, 505 Skunk Lane, Cutch.
ague, New York for a variance in
accordance with the Zoning Ordi-
nance, Article XI, Section 100-118
E for permission to enlarge an
existing, non-conforming build-
ing. Location of property: South
side Main Road (Route
Cutchoguc, New York, bounded
on the north by Route 25; east by
V. Cierach; south by North Fork
Bank & Trust Co.; west by North
Fork Bank & Trust Co.
8:40 P.M. (E.S.T.) upon ap-
plication of Ellis and Helen
Hyers, 308 Forsythe Avenue,
North Lindenhurst, New York for
a variance in accordance with the
Zoning Ordinance, Article I11,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: South side
Oak Drive, Cutchogue, New York,
bounded on the north by Oak
Drive; east by R. Langemyr;
south by Thomsen and Belz; west
by R. SlavJn.
8:50 P.M. (E.S.T.) upon ap-
plication of Robert Adipietro,
Peconic Lane, Peconic. New York
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to set off dwelling
on lot with insufficient width and
area. Location of property: Indian
Neck Lane and Leslie Road,
Poconic, New York, bounded on
the north by Leslie Road; east by
.Indian Neck Lane; south by Lots
COUNTY OF SUFFOLK t ss:
STATE OF NEW YORK I
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southo!d, in Suffolk County;
and that the notice of which ihe annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .............. ~ ........................ weeks
successfvely, commencing on the .../..~.... : ..........
day of ....~.~,).~f~ ..................... 19ff.~..
'
Sworn to before me this /3 day o,
Notary Public
BPdEFS: Emhart Corp.'s Bailey unit In
Seabrook, N.H., sprays a curtain of per-
fumed air around lis plant to offset unpleaa:
ant odors from rubber and plastic manufac-
turtn~ operations .... 8e~-servlce g,a~O~llne
~ll~ns are dnin~ SO% ~ th~ l~,h,,,t~y s~usl-
~ess~ln the U.8., d6ubllr~ their volume of a
year a~., ,says a 8tan. dard Oil (Indiana} sur-
ve.:~... & l-'noenlx, Ariz., company, Com-
m~nion-Pak Ltd., says it will market Indi-
vidually wrapped communion wafers packed
in grape Juice (rather than wine} for mall-
order use by religious radio and television
poum
cents.
ducer
Ho
TOWN OF SOUTHOLD
BUILDING D~E PARTMIrNT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No .................................................................. Date ........................ ~ ........ L..,./. ......... , 19.7...?.
PLEAS~ TAKE NOTICE that your application d~ted ................................. ~..~..., 19...~.~
......
~p ............ ~ .................... Block ....... ~ ................................. Lot ....:~ .....................................
..... ~ ....... L~-:j~ ............ 7"'~: .................... ~ ..................................... ~ ................. / .............................
..... ~'~ ....... ~ ...... ~X~:: ................................................. : .................................................................
TOWN OF $OUTHOLD, NEW YORK
AI~PLICATION FOR SPECIAL EXCEPTION
APPLICATION NO.
DA'I~g
TO TITE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y.
~. ~w~ ~.~...~!~...~.~.: .................. o~ ..e..o..~..~.o~..z.~ ~ ~ /~,' ~/.... ....
.---~ J ~.~ Name Street and Number
........ ................................................................................. ....' iiiiiiiiiiiii iiiiiiiiiii.....iii.i.ii.iii.i ....
MunicipalityState
hereby apply to THE ZO2NING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the
ZONINC~ ORDINAiNCE ARTICLE ~ SECTION J~0 0 -- '~ 0
TITE SPECIAL EXCEPTION IS REQUESTED BECAUSE
To establish a key pump operation for regular and unleaded
gasolines behind the Agway store in Southold. Use will be lim-
ited to certified Agway Petroleum customers only.
This installation will include two 10,000 gallon under-
ground tanks with two Gasboy GKE pumps.
COITNTy OF )
~, ~o~_. ./.~ o, ....~ .......... ,,.~ .......
Notary Public
FORM CB2
C
Southold Town Board of Appeals
50UTHOLD, L. I., N.Y. 119T1
Telephone 765-2660
APPEAL BOARD
MEMBERS
Robert W. GilUspi~, Jr., Ch~irm,sn
Robert Bergen
Charlzs Grisonis, Jr.
$¢rg¢ Doyzn, Jr.
Fred Huls¢, Jr.
April 29, 1977
Agway Petroleum Corp.
P.O. Box 705
Pulaski Street
Riverhead, NY 11901
Att: Richard Nolan
Re: Confirmation of telephone conversation with Mr.
Fleischman on April 29, 1977.
Dear Mr. Nolan:
Town counsel has advised after a review of the Agway hearing
on April 21, 1977, that the original vote of 3 to 1 in favor
of your application must stand and that I erred in permitting
a Board member to change his vote resulting in a 2 to 2 tie.
Accordingly, the action on your application ~2250 will be
corrected at the next regular Board meeting on May 12, 1977,
to show a 3 to 1 vote.
Veery truly yours,
RWG:med
cc: Robert Tasker, Esq.
SERVICE STATIONS 30-89
7-7.~i]~he provisions of 7-2.1.1 shall P[d,_J[t the
temporary ufe of'movable tanks in conjunction with' ~he' ~d~spensing
of flammable or combustible liquids into the fuel tanks of motor
vehicles or other motorized equipment on premises not normally
accessible to the public. Such installations shall only be made
underpermitfromtheenforcingauthority. The permit shall include
a definite time limit.
7-7.3.5 The provisions of 7-2.1.1 shall not prohibit the dis-
pensing of Class I and Class II liquids in the open from a tank vehicle
to a motor vehicle. Such dispensing shall be permitted provided:
(a) An inspection of the premises and operations has been
made and approval granted by the authority having jurisdiction.
(b) The tank vehicle complies with the requirements cov-
ered in the Recommended Regulatory Standard for Tank Vehicles for
Flammable and Combustible Liquids, NFPA No. 385.
(c) The dispensing is done on premises not open to the
public.
(d) The dispensing hose does not exceed 50 feet in length.
(e) The dispensing nozzle is a listed automatic-closing
type without a latch-open device.
(f) Nighttime deliveries shall only be made in adequately
lighted areas.
(g) The tank vehicle flasher lights shall be in operation
while dispensing.
(h) Fuel expansion space shall be left in each fuel tank to
prevent overflow in the event of temperature increase.
7-7.4 Self-Servlce Stations.
7-7.4.1 Self-service station shall mean that portion of prop-
erW where liquids used as motor fuels are stored and subsequently
dispensed from fixed approved dispensing equipment into the fuel
tanks of motor vehicles by persons other than the service station at-
tendant, and may include facilities available for sale of other re-
tail products.
7-7.4.2 Listed dispensing devices such as, but not limited to,
coin-operated, card-operated and remote controlled types are per-
mitred at self-service stations.
7-7.4.3 All self-service stations shall have at least one at-
tendant on duty while the station is onen to the oublic. 'l'he at-
tendant's primary function shall be to supervise, observe and control
the dispensing of Class I liquids while said liquids are actually being
dispensed.
7-7.4.4 It shall be the responsibility of the attendant to (1)
prevent the dispensing of Class I liquids into portable containers
not in compliance with 7-7.2; (2) control sources of ignition; and
(3) immediately handle accidental spills and fire extinguishers if
needed. The attendant or supervisor on duty shall be mentalIy and
physically capable of performing the functions and assuming the
responsibility prescribed in this section.
7-7.4.5 Emergency controls specified in 7-412 shall be in-
stalled at a location acceptable to the authority having jurisdiction,
but controls shall not be more than 100 feet from dispensers.
7-7.4.6 Operating instructions shall be conspicuously posted
in the dispensing area.
7-7.4.7 The dispensing area shall at all times be in clear view
of the attendant and the placing or allowing of any obstacle to
come between the dispensing area and the attendant control area
shall be prohibited; The attendant shall at all times be able to eom-
municate with persons in the dispensing area.
7-7.4.g Hose nozzle valves used at a self-service station for
the dispensing of Class I liquids shall be listed automatic-closing
types without a latch-open device.
, 7-7.4.9 Warning signs~shall be conspicuously posted in the
dispensing area incorporating the foilowing or equivalent wording:
(a) WARNING -- It is unlawful and dangerous to dispense gasoline
into unapproved containers; (b) No Smoking; and (c) ~top Motor.
7-7.5 Drainage a~d Waste Dispo~l.
7-7.5.1 Prqvision shall be made in the area where Class I
liquids are dispensed to prevent spilled liquids from flowing into the
interior of service station buildings. Such provision may be by
grading driveways, raising doors sills, or other equally effective
means.
7-7.5.2 Crankcase drainings and liquids shall not be dumped
into sewers, streams or adjoining property, but shall be stored in
tanks ~r drums outside any building until removed from the prem-
ises.
7-8 Sources of Ignition.
7-8.1 In addition to the previous restrictions of this chapter,
the following shall apply: There shall be no smoking or open flames
in the areas used for fueling, servicing fuel systems for internal eom-
bustion engines~ receiving or dispensing of Class I liquids. Con-
spicuous and legible signs prohibiting smoking shall be posted
JUDITH T. TERRY
TOV~ CLERK
REGISTRAR OF VITAL STATISTICS
SOLITHOLD, L. I., N. Y. 11c~/1
February 17, 1977
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2250, application of Agway
Petroleum Corp. for a special exception. Also include~ are
notices to the following adjoining property owners:
George Ahlers, Eugene Road, Cutchogue, N.Y. 11935
Gilbert Miner, 1805 Youngs Avenue, Southold, N.Y. 11971
Goldsmith & Tuthill, Youngs Avenue, Southold, N.Y. 11971
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 119'/1
Telephone 765.9660
APPEAL BOARD
MEMBERS
Robert ~/. Gillispie, Jr., Chairmen
Robert Bergen
Charles Grigonis, Jr.
Serge Doyen, Jr.
Fred I-lulse, Jr.
Claude Jones, Town Clerk
Town of Southampton
Main & Montauk Sts.
Southampton, NY 11968
Dear Mr. Jones:
At the present time, we have an application before the Board
for a self-service gas station. It has recently come to our
attention that Southampton has banned such facilities from
operating within the township.
We would be greatly interested to know why this action was
taken and the results of any research that may have been done
prior to such a resolution.
Your assistance in this matter will be greatly appreciated.
YouFs truly ~
med
Also mailed to:
Mary Rose McGee, Town Clerk, Town of Huntington
Town Clerk, Town of Hempstead
Town Clerk, Town of North Hempstead
THE CHAIRMAN: I think now we'll have to halt. We've got a
lot of other hearings on here tonight. Having heard all of the
information that we could get together and having read it all and
heard all you people, I'm going to offer a resolution granting
this application as applied for subject to the following condi-
tions, that the applicant place the pumps at least 35' from -
what do you call this, the extension of Hummel Avenue? 35' from
Hummel Avenue and that all regulations applied to gasoline service
stations listed in the Zoning Ordinance shall be listed on this
action and applied where applicable. The same condition shall be
placed on this action with regard to the N.F.P.A. Flammable and
Combustible Liquids Code and that it be quoted in the action
starting at Paragraph 7-7.4 Self-Service Stations to its conclu-
sion, and that the Board review the operation after one year.
ROBERT BERGEN: I'll second that.
THE CHAIRMAN: It's been regularly moved and seconded. Do
I hear a vote?
CHARLES GRIGONIS: Being an ex-chief, I've seen many fires
of tractors, trucks, lawnmowers, so I have to vote no.
THE CHAIRMAN: Ail right. Fred?
FRED HULSE, JR.: As long as the provisions are observed
with the safety factor with the attendant on duty, I'll vote in
favor of it.
THE CHAIRMAN: The vote is three to one in favor. I thank
you all for coming in. The application is granted but not
unanimous, subject to the conditions we made. You might also
say in the findings ... Mary, you might also say in the findings
that to prohibit this action after the applicant has met all the
criteria in the Zoning Ordinance would not be a proper action of
the Board of Appeals. TO prohibit this type of use in the Town
of Southold is a matter for the Town Board. Thanks a lot. Good
night. (To secretary) Did you get all the names you wanted?
(At this point, my tape was turned off and while I was
getting a man's name, this conversation was going on
at the Board's table. I took this off the other tape
recorder which had a lot of background static.)
(Either Mr. Kurian or Mr. Nolan who were both in favor
of Agway, speaking for Agway): You included in the resolution
then that there must be an attendant on duty?
FRED HULSE: That's correct.
THE CHAIRMAN: We're going to put in the N.F.P.A. Fire
Protection ...
(Person): That said there must be an attendant on duty?
THE CHAIRMAN: It says that "all self-service stations
shall have at least one attendant on duty while the station is
open to the public." Apparently both New York State and these
people will impose that.
(The person speaking for Agway asked the Board something.
I couldn't make out what he said because of the static on
the tape.)
FRED HULSE: Maybe I am. There must be an attendant when
this station is operable.
THE CHAIRMAN: Well, I guess in view of this misunderstanding
I thought you understood that, Fred. The vote is ... Mary, the
vote is two to two. Mr. Hulse didn't understand.
FRED HULSE: My understanding is that there must be an
attendant on duty when this is operational. Any time it is
being used there must be an attendant.
THE CHAIRMAN: Well then, you are voting no (to Grigonis)
and you are voting no (to Hulse).
FRED HULSE: Unless the provision is changed to that there
is an attendant on duty.
THE CHAIRMAN: Well, that kills the operation. Your only
recourse is to appeal this.
C
Goldsmith & Tuthill
ESTABLISHED 1842
SOUTHOLD, NEW YORK 11971 * 516-765-3767
GULF OIL PRODUCTS
Town of Southold
Nembers of Southold Town Board, Zoning Dept.
Gentlemen:
Ye wish to express our opposition to the proposed
unattended sale of gasoline at the A~ay site on ¥oungs Ave.,
Southold.
Ye feel that this will add an unneccessary hazard in
an already hazardous area where gasoline products are now
stored, but dispensed only by trained personnel.
Proximity of this proposed type of installation will
surely raise our insurance rate and will create an added
expense,
Records will indicate that %wo fires occured in this
area in the winter of 1976-1977, and both of these fires are
under investigation for definite arson,
A visual examination of this area on any evening
will show that there is a concentration Qf young people
frequenting this immediate vicinity, A self-service station
will undoubtedly be an additional attraction to this group,
with inevitable careless smoking and temptation to arson,
Yours very truly,
~flliam Rich, Jr.
Bus: 765 - 3800 ~ ~)
Colonial Corners
A. W. ALBERT$ON
Real Estate
Southold, N. Y. 11971
Town of Southold
Zoning Board of Appeals
8outhold, N. Y. 11971
APR 2 1 REC'It
Gentlemen:
I wish to express m~ concern in regards to Agway's intention
~f installing unattended self-service gasoline pumps on their
premises. My understanding is that gasoline will be available
on a "24 hou~ a day" basis.
Together with the hazards that can be encountered with all-nite
service, the close proximity to Goldsmith & Tuthill fuel tanks
and l~ber yard and the fertilizer mixing plant containing
highly explosive chemicals, I think that this is a most
unsatisfactory location. I am also concerned about unattended
gasoline p~mps in any location.
Therefore, I wish to express my opposition to this operation.
Sincerels'~ ~ ~
Chaiman - Southold Fire District
AWAJr:a
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief:
~q~P~/ ,~ ~ ~'C~e ~7~ om~ ).
2. That the property whLch is the subject of the Petition is located adjacent to your property an~d is des-
cribed as follows: ,/~/,~
3. Th;[~h.e p~perty~whic, h is thee subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ~ ~(~
$. That the provisions of the Southold Town Zoning Code applicable to the ~relief sought by the under-
signed are: ~ -~/~ ,~ /~ ~ - ~'~) /~ _
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.
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.
Peti~ner (~
Post Office Address
. No. 868147 No. 8681 6 ', No. 868145
RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PflOVIOED--
NOT FOR INITRNA'IIONAL MAiL
(See Reverse)
COUNTY OF SUFFOLK ) ss.:
NC II~RANCE COVERAGE PROVIDED--
SUT FOR INTERNA'nsuAL MAIL
(See Reverse)
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE {:OVERAGE MIO~INEO--
NOT FOR IMTERNA110NAL MAIL
(See Reverse)
~/~_'~-~~~' . residing at
~ /'"~e..e.~,. '-//7' ~'. , being duly swo~n, deposes and s~ys that on the /r/¢~ day
of rc.~--.~a-*~c~ .19 ~/'/~7 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directl~ to each of the~al~ove-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 ~s~ss~the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at /f'/~ ; that said Notices were mailed to each of said persons by
(certified) (r~l~l~=,~ mail.
Sworn to be. fore me this
day of
Notary Public
JUDITH T.
N'otary Public, State of New York
tie. 52-03.',~993. SuffGIk Coun~
~mm~ssiofl Ex,ires March
§
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KEY ~AP COUNTY OF SUFFOLK TOwN OF SOU'
°" '°°L , ° '°°, ~,~ Real Property Tax Service Agency
065 060 06~ SCAL£ JNFEET H. RusseJJ Haase, Director ~)ISTRICT~O. JO
~J o~: Riverhead, L. I., New York