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HomeMy WebLinkAbout3789 • jam' s RECEIVE® fOWN OF SOUTHOLD, NEW YORK ps Pm APPLICATION FOR SPECIAL EXCEPTION Application No. 3 Town CIerR Soutfiettf Date Filed: /0;/991/' TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Sun Refining and Marketing of P:O. Box 13812 (Residence, House No. and Street Philade hia Perms lvania 19101 am et, State, Zip Coae, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE SECTION .., .SUBSECTION for the below-described property for the following uses and purposes (and as shown on, the attached plan drawn to scale) : Conversion of standard automobile service/repair facility into gas and go/convenience store facility located on New York State Route 25 at the intersection of Factory Avenue:and Main Road, Southold A. "Statement of Ownership and Interest. lessee Sun Refining and Marketing, Inc. is*&M4 the :avii of property known and referred to as Sunoco Station', located at New York State Route 25 House No. , Street, Hamlet at the irate section of Factbry Avenue and Main Road. Southold identified on the Suffolk Coun-ty Tax Maps as District 1000, Sections 142 , Block ' 1 , Lot(s) 27 which is not (is) on a subdivision Map (Filed "Map of Filed Map No. and has been approved by the Southold Town Planning Board on' as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on June 5, 1969 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: This application as submitted conforms to all special exception standards. as defined in Southold Code Section 100-70(B) . Furthermore, the premises are in the heart of the Main Road/.Mattituck Hamlet core area business district and the upgrading of this existing facility is consistent with the intense commercial use of the surrounding properties. C. The property which is the subject of this application is zoned and [ ] i.s ,cons i stem. wi th •the. ease(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : ,( lgna ure Sworn to before me thi s 0h day of �? otary P-ubl is DIANE M.WORHLE Z B2 (rev. 2/6/86) NN0�52-4900752 SUFFOIK COu EW YORK TERM EXPIRES AUGUST MIX I � � , u�i:r �+vim�• . - 5-71D REV.5 PRINTED IN U.S.0, 1 MEMORANDUM OF LEASE THIS INDENTURE, dated the 18th ' day of May 1971 , by and between ARDPROP, INC. , A DELAWARE CORPORATION, of 1345 Avenue of Tt Americas , New York, N. Y. 10019 (hereinafter referred to as "Lessor") and SUN OIL COMPANY, a corporation of the state of New Jersey, having its principal place of business at.1608 Walnut Street in the City and County of Philadelphia, Commonwealth of Pennsylvania (hereinafter referred to as "Company"); WITNESSETH: That for the term and upon the conditions set forth in that certain written lease bearing date of December 30 ' 1970 , from Lessor to Company, Lessor has leased and does hereby lease unto Company all that certain piece or parcel of land situate in the City or Town of •Mattituck County of Suffolk , State of -New York more particularly described as follows: •�� S ourHo� I G� BEGINNING at the corner formed by the intersection of the _ easterly side of "Factory Avenue and' the northwesterly side ^ I. of Main Road, New York 'State Route 25; Running thence .north 20 degrees 22 minutes, 40 seconds west along the easterly side of Factory Avenue 150 feet; Running thence north 48 degrees 57- minutes 30 seconds east 146 feet; Running thence south 40 degrees , Iq 39 minutes 45 seconds,,east 140 . 34 feet to the northwesterly rJ s side of Main Road,= New" York 'State Route 25 ; Running '-thence south' 48 degrees 57 minutes 30 seconds west along the northwesterly side of Maine Road, New York• State Route 25., a distance of 199 feet . to I- 1 the point or place of beginning. I JJ 0J ca: � ;: 1 o � C • , LU lei n� a s: - together with all rights of way and easements thereunto belonging, and all buildings, improvements and equipment thereon installed. Said lease is for an initial term of 24 years from December 30 , 1970 with option(s) to renew for 5 ; additional 5 year periods on the. pan of, Company and contains an option to purchase and/or lease said premises for a• Period'of . 49 years. IN WITNESS WHEREOF, Lessor and Company have hereunto subscribed their mimes the day and,year first above'written. ARDPROP, INC..' �C4C: SEAL) W. COTTON, ASST. SEC. RI CHARD DRAYTON, V. P.. Y (SEAL) SUN OIL COMPANY ATTEST: `' � •�� r E. E. ',Kossmari W.-W. Rems , Manager T Assistant, Se0Xet Marketing Real Estate and Development ,• .,s ;,�, PREPARED BY E.W. BAI: SUN OIL COMPANY u + ..p,�563 PAcE 542 Standard N.Y.B.T.U. Form 8002-8-63—Bargain and,Sale•D'Ced with Cuvenant against Grantor'S'Acts—Individual or Corporation(single sheet) �•�{�w' 'CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 5th day of June , nineteen hundred and sixty—nine •r BETWEEN MATTITUCK SHOPPING. CENTER, INC. , a domestic corporation, doing business at 504 Walt Whitman Road, Huntington Station, New York, . y party of the first part, and. ARDPROP 9 INC. 2 a Delaware corporation, with its principal office at. 1608 Walnut Street, Philadelphia, Pennsylvania, a a party of the second part, y, v u' WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erect4 situate, lying and being bixM at Mattituek, Town of Southold, County of Suffolk i and State of New York, more particularly bounded and described as follows : 1� BEGINNNG at the corner formed by�itjie �jn�ersection of the easterly . side of Factory Avenue and the side of Main Road, New York State Route 25 ; Running thence north 20 degrees 22 minutes 40 seconds west along- the easterly side. of Factory Avenue 150 feet; Running thence north 48 degrees 57 minutes 30' seconds east 146 feet;Running thence soMth 49 degrees 39 minutes 45 seconds east 140.34 feet to theV `t K'r '141side of Main Road, New York State Route 25 ; Running thence south -48 degrees 57 -minutes 30 seconds west along the j W 1 'yr side of Main Road; ,New York State Route25 , a distance of 198 feet to the point, or place of beginning. This conveyance is made in the regular course of business actually conducted by the party of the first part .. Subject to .the restriction that no buildings, billboards, structures or any obstruction whatsoever shall be.- erected or maintained an the adjoining property of 'seller within 25 feet from the north side of Main Road for a distance of 300 feet and .further Subject to the restriction that the adjoining property owned by seller will not be used for or in connection with the operation of a gasoline or filling station for the sale .of gasoline .motor fuel for a period of ten years. TOGETHER with all right,title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises tc the center lines thereof; TOGETHER with the and all the estate and rights of the party of the first part in and to said premises; TO HAV AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successod and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lies Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- erationas a trust fund to be applied first for:the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as„if it read "parties" whenever the sense of this indenture so requires. IN WITNESS%N%EREOF, the party of the first part has duly executed this deed the day and year first above + written. • IN P.RCSJrNFE•OFG• , �: MATT K G ENTER INC. lit �.�President. , LIBER 6563 PACE 543 STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 ,before me personally.Fame.__...:...:... ..... personally ca me ame to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. • ,1-�-;1.�;�J "' �•°R�A��.�STAT,E � :S ,�]E pF•1;;�� �.-.1:. TAN�FER'TAXK �►: lDe R 8:1 STATE OF E YORY. COU1iTY OF C��I- �4!�' SS: STATE OF NEW YORK. COUNTY OF SS: On the LJ9 da��rr of��' �f-r' 19t'�,before me On the day of 19 , before me personally came THOMAS JADES CASSELLA personally came ' to me known, who, being byy me duly sworn,did depose and the subscribing witness to the foregoing instrument, with say that , he resides at No. 10 Norwich Street, whom I.am personally acquainted, who, being by me duly Huntington Station, New York s sworn, did depose and say that he resides at No., that he Is, a ppr ide t ' -- - . \ . of Matt,ituck• iopp ng Center-, Inc : that he knows ` the corporation described ' in and which executed-the foregoing instrument; that.. , he .to be the individual knows the -seal of said corporation;.that..the seal affixed described in and who 'executed the foregoing instrument; to said-instrument :is -such corporate seal; that-it was so- that --,he,.said subscribing witness; was present and saw affixed by order of the board-of directors.of said corpora-' - execute the same;.and that he, said witness, lion, and that/A`e_signed hiSname thereto by like. order. `at-the lame time subscribed h • name as witness thereto. C, L RALPH E. SE CK OF NE1N PORK NOTARY PUuLIC, STAT i�p. „�-3bU5050 County .-_ ((errn c;;pires frs,cl, 3!;, 19714 j I ll�rdt7tt T981P �PPl1 SECTION Home Title Division WITN.goVEIj'ANT AGAINST GRANTORS'ACTS,' BLOCK: -Chicag 1 i lr lm.i.lr�m ce Company ��..•J LOT TITLE NO. 07-49595 -- COUNTY�S11U4' xx Suffolk IYlATTITUCK'SHOP ING `dkEft, INC. TO / ...:.., -•� ������; �'j� ! /� v '- " Recd —RegII�s o_r ican Title Insurance omp RETURN. BY MAIL TO: STANDARD FORM OF ' NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by. uerc. / Zip No. INSORA/YCE COMPAN GUARANTEED TITLE DIVISION I 0 . Vv LL RECORDt � 41 W `^, „�.. JUN lx 196 uj ofU _U P�A.. . . LESTER N1. ALBEt<rSpl•! Clerk Of.Suffolk County : F :U.1 > u, W ILA Lu � W FORM NO.3 •� _ D 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE -2,&.,g SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL I- Date . . . . . .. 199.4). .To D-X . . . . . . . . . . . . . . . . . 117� PLEASE TAKE NOTICE that your application dated . . . . . �} . . . . . . . ., 19 for permit to ��n.. . .4, . .C�f�. l?�. . .� . u- —9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 9 9`f:a�, ` .�. ,g °. 0.Q . . . . . . . . . . q House No. ''II Streei Hamlet County Tax Map No. 1000 Section . . . . . . . . Block . . . . . . . Lot .a..�. . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot Nllo__. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . �. . . . . . . . . . . . . . . . . . . . : .�. . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . • . • • . . • . . • • . . . • . . . . •. . • • . . • . . • • . . . . . . . . • . . • . . . . • . . . . . • . • . • . . • . • • • . • • . . • • • • . . . . . . . • • • . . • • • • • • • • • . • . • • . . . • . . • . . . • • . . . • • . . . . • • • • • . • . • • • . • • • • . . . . • . • • • • . . • . • • . • . . . . • . • • • . • . • . . • . . . . . . • . • • . • • . . . . • • • . • . . . • • • • . . . • . . . • . . • • • . . . • • . . • • • • • . • . . . • • • • . • • • • • • . • • . Bui. . ing In RV 1/80 ' � r FOLKc�G _ APPEALS BOARD MEMBERS ti rn SCOTT L. HARRIS ' Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. rC�,!' ,� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 T 0 .JNTER-DEPARTMENTAL MEMO D� A1V, TO: BUILDING DEPARTMENT 1 r0IV,& p / N O,ct' D FROM: � v ZONING BOARD OF APPEAL "'. S�UTyD DATE: AUGUST 1, 1990 RE: SUN REFINING & MARKETING - Appl. No. 3788 & 3789 Regarding the above captioned appeal, the applicant has requested that we re-activate the application. The disapproval will need to be amended under the new Master Plan before we can proceed. Thank you for your cooperation. APPEALS BOARD MEMBERS v n SCOTT L. HARRIS ~Gerard P. Goehringer, ChairmanSupervisor oY� Charles Grigonis, Jr. ®1 �� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 INTER—DEPARTMENTAL MEMO TO: BUILDING DEPARTMENT FROM: ZONING BOARD OF APPEAL DATE: AUGUST 1, 1990 RE: SUN REFINING & MARKETING — Appl. No. 3788 & 3789 Regarding the above captioned appeal, the applicant has .requested that we re-activate the application. The disapproval will need to be amended under the new Master Plan before we can proceed. Thank you for your cooperation. APPEALS BOARD MEMBERS �e` i ►��+ SCOTT L. HARRIS Gerard P. Goehringer, Chairman rr r Supervisor lo Charles Grigonis, Jr. � `�� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone-(516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 i TO: PLANNING BOARD FROM: ZONING BOARD OF APPEALS )&"/ DATE: AUGUST 1, 1990 _ RE: SUN REFINING & MARKETING - Appl. No. 3788 & 3789 Property ID # 1000-142-1-27 Regarding the above captioned appeal, the applicant has requested that we reactivate the application. Please inform this department of any new submissions under the SEQRA and site-plan reviews so that we may proceed with the application before this Board. Please keep us advised as to any new information submitted to your department regarding this application. Thank you. Planning Board Page 3 June 19 , 1989 Mohring Enterprises- Board to .review the engineer report dated June 5, 1989 . This minor subdivision is on 34. 5765 acres located at Mattituck. SCTM 41000-75-6-7 . Long Meadow Estates- Board to review the engineer report dated April 28, 1989. This major subdivision is on 36. 9636 acres located at Mattituck. SCTM #1000-113-7-19.2. Adf000*W APjoazl' Long Pond Estates, Section I- Board to review the engineer report dated June 12, 1989. This major subdivision is located at Southold.. SCTM #1000-52-8-(1-4) . 1 144"*' ►fpw-t- Elijah' s Lane, Sect. II- Board to make a recommendation to the Town Board in regard to the Bond Estimate. Board to set Monday, July 10 , 1989 at 7 :30 p.m. for a public hearing on the final maps dated March 21, 1987. This major subdivision is on 20. 3 acres located at Mattituck. SCTM #1000-108-4-p/o 7 .1. Qrec�mrnor�bne� bed es�:rrc��Q o��H66�y�S.00 1v -M. -Q r app"McSZ b .Set �MoQ hFgriN� �of Su1Y to Coy 7�3c� Sean M. Delehanty- Board to review the Suffolk County Planning Commission report dated June 9, 1989 . Board to start the coordination process to determine lead agency and environmental significance. This lot line change is on 2.74 acres located at Mattituck. SCTM ,#1000-107-1-13 & 14. S-6rt-e4 LAB Garrick L. Mallerv- Board to review the Suffolk County Planning Commission report dated June 12, 1989 . This lot line change is on 2. 9 acres located at Nassau Point. SCTM #1000-118-1-16,17,18.1. Barbara Sowinski- Board to review the Suffolk County Planning Commission report dated June 9, 1989. This minor subdivision is on 4. 3075 acres located at Cutchogue. SCTM #1000-103-1-20.2. CHANGE OF ZONE None SITE PLANS Sunoil Refining- Board to start the coordination process to determine lead agency and environmental significance. This site plan is located on the Main Road and Factory Avenue at Mattituck. SCTM 41000-142-1-27 . S�"ci��'U CoCrCO,If`���d`tJ '`Co�PSS f{ i Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ®d P +a TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. October 26 , 1988 Michael G. Walsh , Esq . McNulty , DiPietro & Spiess 633 East Main Street , Box 757 Riverhead , NY 11901 Re : Appl . No . 3788V & 3789SE - Sun Refining & Marketing Property Location : Factory Ave . and N/s Main Road , Mattituck Dear Mr. Walsh : This letter will acknowledge receipt of your recent appli - cations before the Board of Appeals . The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to .scheduling these applications .for public hearings . In the interim , we recommend that you complete your file with the Planning Board , whom we have recommended to be. lead agency under the N . Y. S . Environmental Quality Review .Act , ' and furnish our office with future submissions for departmental coordination . Yours very truly , GERARD P. GOEHRINGER CHAIRMAN lk cc: Planning Board Office Southold Town Board of A earls PP MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR.JOSEPH H. SAWICKI INTER-DEPARTMENTAL MEMORANDUM JAMES DINIZIO, JR. TO : Southold Town Planning Board FROM : Southold Town Board of Appeals DATE : October 26 , 1988 SUBJECT: Site-Plan Project of Sun Refining & Marketing Property ID #1000-142-1-27 Zone District : B-1 General Business Upon reviewing the above applications which were recently filed with our office , please be advised that the Board of Appeals has taken the following position under the N . Y. S . Environmental Quality Review Act (SEQRA) : 1 . Application must be filed with the Southold Town Planning Board ; 2 . Recommend that the Planning Board take Lead Agency status for the following reasons : a. the site plan elements and physical construction of or site alterations will be changes directly to the site ; b. the "occupancy" under consideration in this Department ' s application is not directly related to physical changes of the site . 3 . Suggest that determinations be made by the Planning Board as to the sufficiency of parking spaces for the multiple uses existing at the site , after allowing for egress., ingress , loading , ramps , trailer lift parking , landscaping , etc . , if possible , in either a preliminary review o_r during the certification p..rocess . V Sc-uthold Town Planning Board October 26 , 1988 Site-Plan Project of Sun Refining. & Marketing Page 2 The applicant has been advised to proceed with the filing of a complete application through your office and to . kee_.p ._us .informed of submissions under the SEQRA and .site-plan reviews . Please keep us advised of developments under the S€QRA process for coordinated reviews . Thank you. ti Lr3 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: October 5, 1988 Transmitted herewith is Zoning Appeal No. 378g5,!F application of Sun Refining and Marketing for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk MCNULTY, DiPIETRO & SPIESS ATTORNEYS S COUNSELORS AT LAW 633 EAST MAIN STREET I P. O. BOX 757 /1 U RIVERHEAD, NEW YORK 11901 FAX 516-727-8262 516-727-8200 JOHN R.McNULTY EDWARD D.BURKE ARTHUR DIPIETRO OF COUNSEL JAMES SPIESS MICHAEL G.WALSH September 30, 1988 Zoning Board of Appeals Southold Town Hall Southold, New York 11971 Att: Mrs . Kawolski Re : Application of Sun Refining and Marketing Factory Avenue and Main Road, Southold Dear Mrs . Kawolski : Please find enclosed Application for Special Exception originally submitted in May of 1988 and informally rejected by your office . Please accept this as a formal renewal of my client ' s Application for Special Exception and please place same on the Zoning Board of Appeals agenda for their review. Also please find enclosed the required fee of $150. 00 for this application. For your reference we have also submitted a revised site plan with the Planning Board and have appeared before the Planning Board for an informal discussion of this application on August 15, 1988. If you have any questions concerning this application, please don' t hesitate to call. Very truly yyours, MIC EL G. WALSH MGW/lat Enclosure FORM N6.a TOWN OF SOUTHOLD BUILDING DEPARTNIENT TOWN CLERIC'S OFFICE SOUTIIOLD, N.Y. NOTICE Or DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Datc . . . .June.2 I� gg t . . . . . . . . . . . . . . .. . To SUN. . . REFIN. I NG & MARKETING (LESSEE) ARDPROP, INC. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . BOX 13812 PHILADELPHIA, PA 19101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE "TAKE NOTICE- that your application dated . . , , , ,May 4th, . . l Ig 88 I or 1,L:rriiit to =pm:ruomc. CHANPT. >; ;5T;NG. IJ59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at location of Property 9945 Route 25- & 80. Factory Ave. Mattituck, N.)' ih*use iJo. Stied . . . . . . . . . . . . . . . . . . . . . . . . . . llan,ler County T:ix Map No. 1000 Section . . 142. . . . . . . . Block . . . !. . . . . . . . . . I.ot . . 27. . . . . . . . . . Sciltclivitiictit . . . . . . . . . . . . . . . . . Filed Alap No. . Lot No. , . . . . is returned herewith and dis:ipproved oil.the following .grounds . , Under Article VII, 1QO-70 A. ( 1) (d) Section 100-62 B insufficient lot area - will need action by Zoning Board of Appeals and Site plan approval. by the Planning Board. • . . . . . . . . . . . . . . . . /. . . . . . . r. uild'" lnspcctor . Thomas J. 'F' er Rv tiro TOWN `OF SOUTHOLD, NEW YORK APPLICATION FOR' SPECIAL EXCEPTION r� A "lication PP No: 3 `.Date. Filed: TO THE `ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), " Sun Refining and Marketing"- of " "P.0`. Box '13$12 (Residence, House No. "an .Street Philadelphia, . PennsyTvani-a 19101 am .e a e,. ip., o e, Telephone Number) hereby apply to THE 'ZONING BOARD OF APPEALS for" a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE;. ARTICLE SECTION .SUBSECTION for.the below-described property for 'the` folIowing uses and purposes (and as"shown .o'n the attached plan drawn to scale): : ...._*.. , Conversion of standardJautomobile s:ervi,ce/repair facility'.into gas and.-go/convenience store facility .located on -New York State" "Route 25 at the intersection of. Factory "Avenue "and Main Road; - Southold' A; . `Statement"-of"Ownership��and" Interest: le s s-e e �.., Sun Refining and Marketin Inc. is(:& theme (s) of property known and referred to as at"' j located"'a' New' York' State- . .9-1..�Y��. (House o., Street, Hamlet) Route 25 at.. the intersection �of- .Factory Avenue -and "Main Road," -Southold" identified on the 'Suffolk Count Tax Maps as District " 000; Section�;�2_- Block 'l ,w . �` Lot(s)�" '27 ;,' hich:is no (is}� 'on:a subdivision Map (Filed' ''Map of . . : Filed,.Map No. and has been approved byte Sout o Town Planning Board .on as a [Minor] [Major];Subdivision). : ,, " The, above-described property''was acqui red by the owner on June, 5 , 1969 B.' The applicant.'allege,s that:the..approval 'of'this ;exception would be in 'harmony with . the .intent and purpose' of'said zoning. ordinance and that the proposed use conforms -to the standards.prescribed therefor 'in s'aid, ordinance an.d would not be detrimental .to property or persons in the neighborhood for. the .follow.ing reasons: This application as submitted ;conforms -to all. special ,exception standards as, defined in the" Southold.Code "Secti"on 100'-70(B}, Furthermore, _the:.premises are in..the heart" of the Main Road/Mattituck,'Hamlet core area ,business•,district,and the. upgrading of. this -existing facility s..ean istant with,the intense camDericaa use'.of.the. surrounding properties. C. The property -which is the `subject. of this application is zoned and- As [ ] .cOnsisten� "with the.use(s) described ire the Certificate" of Occupancy being furnished.herewith. :. L ] . is not consistent with the Certificate of Occupancy being furni$hed herewith for, .the following reason(s): . " . [ ] is vacant land. COUNTY OF SUFFOLK) STATE" OF NEW YORK)" ss. : igna ure Swor to. before me this day of 1C.K . M.WORHLE otary u i c NOTARY PUBLIC STATE OF NEWYORK NO.52.49007i2-SUFFOLII COU ZB2 (rev. 2/6/86) TERM EXPIRES AUGUST 10,19 'S-710 REV.5 PRINTED IN U.S.A. `. MEMORANDUM OF LEASE ` THIS INDENTURE, dated the 18th - day of May 19 71 , by and between ARDPROP, INC. , A DELAWARE CORPORATION, of 1345 Avenue Of Tl Americas , New York, N. Y. 1001-9 (hereinafter referred to as "Lessor") and SUN OIL COMPANY, a corporation of the state of New Jersey, having its principal place of business at 1608 Walnut Street in the City and County of Philadelphia, Commonwealth of Pennsylvania (hereinafter referred-to as "Company"); WITNESSETH: , That for the term and upon the conditions set forth in that certain written lease bearing date of December. 30 , 1970 , from Lessor to Company, Lessor has leased and does hereby lease unto Company all that certain piece or parcel of land situate in the City or Town of Mattituck , County of Suffolk , State of New York , more particularly described as follows: cc.: BEGINNING at the corner formed by the intersection of a ', the easterly side of Factory Avenue and the northwesterly side ,. of Main Road, New York -State Route 25;" Running thence north 20 degrees 22 minutes '40. seconds west along the easterly side . of Factory Avenue -.15.0 feet; Running thence north 48 degrees 57 x minutes 30 seconds east 146 feet; Running thence south 40 degrees I g' 39 minutes 45 seconds. east 140 . 34 feet to the northwesterly rJ side of Main Road, New York State Route 25; . Running thence south . 48 degrees 57 minutes 30 seconds west along the northwesterly side of Main- Road, New York State Route 25 , a 'distance of 198 feet to the point or place of beginning. ai •U -0 Q OF Lu 1 y • d J + !i i i a °- together with all rights of way and easements thereunto belonging, and all buildings, improvements and equipment thereon installed. Said lease is for an initial term of 24 years from December ,30 1970 with option(s) to,renew for, 5 additional 5 year periods on the " pan of, Company and contains an option to purchase and/or lease said premises for a ,- . . period of 49 years. IN WITNESS WHEREOF, Lessor and Company have hereunto subscribed their name,$ the day and year first above'written. ARDPROP, INC. E i r.� (SEAL) i J h{N .-W. COTTON, ASST. SEC. RICHARD DRAYTON, .V. P. (SEAL) . SUN OiL COMPANY ATTEST E. E. Rossman. W. W. Rems , Manager Assistant! 'S4!0xet Marketing Real Estate and Develo ment «' PREPARED BY E.Wp BAI: _ ;: SUN OIL COMPANY ' I 563 PACE542 Standard N.Y.B.T.U. Form 8002-8-63—Bargain and Sale 'Deed with Covenant against Grantor's Acts"Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY l THIS INDENTURE, made the 5th day of Tune nineteen hundred and sixty—nine BETWEEN MATTITUCK SHOPPING CENTER, INC . , a domestic corporation., doing business at 504 Walt Whitman Road, HuntingtonStation, New York, \� party of the first part, and ARDPROP I INC. a Delaware corporation, with its ljprincipal office at 1608 Walnut Street, Philadelphia, Pennsylvania, a party of the second part, u' °C WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 1 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being inxU at Mattituek, Town of SCIh.old,. County of Suffolk and State of New York, more particularly bounded and, described as follows : / BEGINNING at the corner formed by ,he Ljn�ersection of the easterly side of Factory Avenue and the side of Main Road, New York State Route 25 ; Running thence north 20 degrees 22 minutes 40 seconds west along- the easterly side of Factory Avenue 150 feet; Running thence north 48 degrees 57 minutes 30 seconds east 146 feet;Running thence soyth 4Q degrees 39 minutes 45 seconds east 140.34 feet to thevi�aie3iyside of Main Road, New York State Route 25 ; Running th nce south .48 degrees 57 minutes 30 seconds west along the j }� 1' c side of Main Roa4; 'New York State Route25 , a distance of 198 feet to the point or place of beginning. This conveyance is made in the regular course of business actually conducted by the party of the . first part .. Subject to the restriction that no buildings$ billboards, structures or any obstruction whatsoever shall be,- erected or maintained Crn the adjoining property of seller within 25 feet from the north side of Main Road for a distance of 300 feet and further Subject to the restriction that the adjoining property owned by seller will not be . .used for or in connection with the operation of a gasoline or filling station for the sale of gasoline motor fuel for a period of ten years. TOGETHER with all right,title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises tc the center lines thereof; TOGETHER with the and all the estate and rights of the party oc the first part in and to said premises; TO HAV AND O HOLD the premises herein granted unto the party of the second part, the heir or successors and 'assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the.cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS VVIEREOF,the party of the first part has duly executed this deed the day and year first above i written. s �' IN PRESENrE,OFV-,,, . MATTITU.. K G ENTER INC. ��.`Pres ide'nt s LIBER 6563 PACs 543 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 ,before me On the day of 19 , before me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument,. and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. RAG�FSTATE. ATE ,OF ,TRAN5FER :TAX i1;4 . N, Ni`YORKyy11�`: ImT• I �l ' ::I� .,I; :r n.. ..-,D�pt:nf,—juN1 1 6911 ! l�•7l I 1 w� l 7ti ,r-•ter- { t-L :. ,—,• . �I'..,• :�,•:."'off, B,Flnonce .Re.iosa�-- e: :I�- •'#�:., �.'�; _• 1.•• ,. .,; ,;. . .. . �" ��:'::•�.• .�,.: ,.. '- -.)� STATE OF E YORIC. COUNTY OF&)L-CCe-*_K'w SS: STATE OF NEW YORK, COUNTY OF SS: On the L-9 da,yy of✓�' �J 19 ,before me On the day of 19 , before me personally came . THOMAS JAI4ES CASSELLA personally came to me known, who, being byy me duly sworn,.did de ose and " the subscribing witness to the foregoing instrument, with say that he resides at No. 10 Norwich Street , whom I am personally acquainted, who, being by me duly Huiltingt on Station, New York sworn, did depose and say that he resides at No. that he Is, a ppr ide t of Mattituck• S ioppYng `Center, Inc .* that he knows e corporation described ` in and which executed-the foregoing instrument; that. he .to be the individual knows the -seal- of said corporation;.that..the seal affixed described in and who 'executed the foregoing instrument; to said instrgment .is such corporate seal; that-it was so- that --he,.said subscribing witness; was present and saw affixed by ordtr of the board-of directors of said corpora- execute the same;.and that . he, said witness, tion, and that a signed hiSname thereto by like order. at-the game time subscribed h - name as witness thereto. -It C� RALP,H'E E Of JLIC XORK �ARY " Na PU , STAT ��• ;dJ•3r;05050 ' rp pu�lfie� Countsl aenn `'N«es Nislc6 I .j 197 " ��j• 11 r4t7ILnD Jealle SECTION Home Title Division ,7•' WIT .GoVE.?TANT AGAINST GRANTOWS,ACTS;' BLOCK: Chica{;o. l—,Ao in:•I.Iram-ce Compand TITLE No. ••,07-49595 _! LOT ' ;: , ). COUNTY XXxu x Suffolk. I�IATTITUCK SHOPPING CtkA' INC. TO ` Rec�' cqM o erican Tide Insurance omp RETURN. BY MAIL TO: . STANDARD FORM OF J •� NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by P.L I{4MllWlp!• �'U•/ �r c iJ�-��,Y i-;{�'y. salrvlcr _ / Zip No. :11 INSUSIANCE COMPAN GUARANTEED TITLE DIVISION W l IJ W REc � D M: o E 1 c .w- 'W JUN 11 196 al LEST! � ER M. ALSEkTSO Clerk Of Suffolk Count > :�. u y LU il •. . W all FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD,N.Y. NOTICE OF DISAPPROVAL 1=ile No. .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. . . . . June.?t . . . . . . . . . . . . . . To SUN REFINING & MARKETING (LESSEE) ARDPROP,, INC.. . . . BOX 13812 . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . PHILADELPHIA, PA 19101 1'1 EASE"TAKE NOTICE that your application dated . . . , , ,May,4th, . l9 .88 f'or Kermit to mpmum. CHANGE. EXI57W. USE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at location of�1'rt)1)crty 9945 Route 25- & 80 Factory Ave. Mattituck, N;)k ilr,use lJo. Street El�n,lct County T;ix Map No. 1000 Section . . 142. . . . . . . Block 1. . . . . . . . . . Lot . . . . . . . . . . SU1ri11V1ti1O11 . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith ;uid disapproved on,the lbllowinri grounds . , Under Article VII; 100-70 A. ( 1) (d) Section 100-62 B insufficient lot area. - will need action by Zoning Board of Appeals and Site plan approval. by the Planning Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• Uildi" Inspector Thomas J. F' er RV 1/co FORM NO.a TOWN Or SOUTIIOLD BUILDING DEPART�IMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE Or DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . .June.?r . . . . . . . . . . . . . . 19 88 To SUN. . REFINING. . & MARKETING (LESSEE) ARDPROP, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOX 13812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PHILADELPHIA, PA 19101 'rAKE NOTICE that your application dated . . , , , ,May,4th: . . . . . . . 1q .88 for permit to mpm:rvm. CHANG>✓. >✓X�S��N�. FSF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property9945 Route 25 & 80 Factory Ave. Mattituck, N.)'' i1oli c fV0. Street . . . . . . . . . . . . . . . . . . . . . . . . �llanylrt County T;ix Afar No. 1000 Section . . . 142. . . . . . . , Block . . . 1. . . . . . . . . . Lot . . 27. . . . . . . . . . S��I>ilivitilo" . . . . . . . . . . . . . . . . . Viled Afap No. . . . . . . . . Lot No. . . . . . . . . . is returned herewith :urd dijapproved on_the follo%vinri grounds , , Under Article,VII, 100-70 A. ( 1) (d) Section 100-62 B insufficient lot area - will need action by Zoning Board of Appeals and Site plan approval. bythe Planning Board. • . , . . , uild'' Inspector ` Thomas J. F' er . -f(9 14-16 sal 1QQQ�`1 —�� 9 V V ` NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA PROJECT I.D.NUMBERTION R/} P. DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSi"i1ENT FORM For UNLISTED ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 2. Project Name Sun Refining and Marketing Ma.ttituck Sunoco 3. Project location: t Municipality Town of Southold County Suffolk 4. Is proposed action: ❑ New _ ❑ Expansion fa hlodificationlaltcration S. Describe project briefly: Conversion of pre-existing "standard" service/repair facility into "gas and go"/convenience store facility. . 6. Precise location(road intersections,prominent landmarks,•etc.or provide map) New York State Route 25 at the intersection of Factory Avenue and Main Road. 7. Amount of land•ajfscled: Initially bbUU acres Ultimately acres a. Will proposed action comply with existing zoning or other existing land use restrictions? ® Yes No If No,describe briefly 9. What is present land use in vicinity of project? ❑ Residential ❑ Industrial fa Commercial ❑ Agriculture ❑ Parklandlopen space ❑ Other Describe: 10. Does actioninvolve a permitiapproval,or funding, now or ultimately, from any other governmental agency(Federal,state or local)? ? Yes ❑ No If yes•list agency(s)and permajapprovals Town of Southold - Planning Board 11. Does any aspect of the action have a currently valid permit or approval? Yes No If yes•list agency name and permiUapproval type 12. As result of proposed action will existing permnlapproval require modification? ❑ Yes ❑ No I CERTI(Y THAT THE INFORMATION PROVIDED ABOVE IS rRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor n ,e Sun refining and Marketinor Date: LSiatwe: l - If tho action is in tho Coastal Area, and you are a stato agency, compioto tho IF Coastal Assessment Form-botoro procooding witil this assossmont OVER 10RT M1VU(',11�u_)lTA1.,r 1;S -►. — i0A 3 I1ISTRVCTIOt (a) In order to ansrror tho quastion:r in this :lhorr. EAV is is aa:,uj;,,d that t, PProparor. will use currently available in!'otrart.ion r.unr:ur•nin,; Uw) projocL and tho likely impacts of tho action. It is not uxpactcd tIvir- u(IcllLir.n„I ,It ur:fnr:, ruconrc or othor investigations will ba tulctortahan. (b) If any question has boon nrtntrurod Y,::, t.i,n prujcct r:ny I,r, :11;,nif!ccint ant ccr.plotod Environmental hs:,ossmunt Foray i:1 (c) If all quuations havo boon ana4,ct•r.11 111) it io li;coly thhk: this; r:ro.;,•ct it not significanto (d) F-nvirnnnenrill Ainnnnment 1• Wi11 project rooult in a larF.a 11�I,ysicrcl clulnFo to the projoct nita or phyai� ully alter more than 10 acres of land? . • • • • • o • • • , 7l::, x 1rc 20 Will thoro ba a =jor chnnFo to all,/ ulllqua or unusual land fo:m found on tllu situ? . . . • f u , X 1ro 3• Will Project altor .or havo a larl;o uffnct; on an oxisting body of wa tur? . . . . . • . . , to 1.. Wi11 pro fact havo a poLuntially 111•,;u im},ncG un groundwater qualit/? . X Nc. c,, project ni nificantly• u1'f,:ct (Iralna,,u on adjacent oituo? . , , . . . . __-Xri fir, -+ 6• Will project afloct any tlirant,1,111,1 ar cnd,.nro,! �- c �' plant or ani_•aaal species'? x t10 1 -= ---- - n 7• MAI project res'ult ill a ,r11 jc,1• udvur•a!, uffc'cL �n air quallty? .... x :C o : ,..� U. W21 project havo 'a c_a jor offoct c.n visnril cl:c:r•- a actor of tho co_•runi;y or :rc:cnlc vic wn o. t„r; ]rnO%m to bo --!portent to tho ,:J;: urn.i;.yY x 9• 1•1ill project advaraoly...irapact uny ,,itn or 1:ra of hlucoric, pro--htaLoric, or 1nluonLuluv1cr,1 importanco or any site douiFnutnd a:; r1 Critical onvironmcntal uroa by a local ulru,lcy? Yc •, x 10. Wi11 pro joct havo a "'Jo)' offoct nn oxl:,tLlr; or w Suture rocreational opl;ut•tuaitiva'1 �11• Will projact.raoult' in major trari'ic prohlCn,a o:- cause a naJor offoct to uxlotlnl; t.1 l .,l tr,tiU:� syPtemn? 12. Will proJoct ror.u.1arly cauno ub lc:r:tion:►l,lc: rdc '::, noi::u, Aare, vibration, 01 circtric:al cll:,u,rl,•. - sacs as a rasLtlt o1' the pro jcct'•1 c lwrat!Ju7 x 13• Will projoct have .any irahact Oil^lrul,lic hr:ul.Lh or ga!'uty? • . I.L Will. projact -',flue Lhu xi:,Linl; rn,,,rn„n1:.y !,y directly c:lualnC (;rutirLl in per,:,.,r., nt l:c:l,ulr,- Lion of nora t•hail ,c c nc:•-yu,rr p-:riod or havo a ma joy nc'I, ,t::,: QI. IIct. character of thu Comm III 15. Is there public oil 1 a , f' X_ ►; , -j- rtlr>'�.�en's `�1C:1,1T�'R�t c % ,� _ ,t,��— -• .._^ ..., Stm f• g and Marketing • r { 14-16-5(9,84) 1 9 V 8.. ' �?c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROJECT I.D.NUMBER DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSII1ENT FORM For UNLISTED ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 2. Project Name Sul Refining, and Marketin Ma.ttituck Sunoco 3. Project location: Municipality Town of Southold Count, Suffolk 4. Is proposed action: ❑ New ❑ Expansion ia Modification/alteration 5. Describe project briefly: Conversion of.pre-existing "standard" service/repair facility into "gas and go"/convenience store facility. , 6. Precise location(road intersections,prominent landmarks,etc.or provide map) New York State Route 25 at the intersection of Factory Avenue and Main Road. 7. Amount of land red: Initially UU acres Ultimately acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? ® Yes No IF No,describe briefly 9. What is present land use in vicinity of project? ❑ Residential ❑ Industrial Commercial ❑ Agriculture ❑ Parkland open space ❑ O:her Describe: _ 10. Does action involve a permitiapproval,or funding,now or ultimately, from any other governmental agency(Federal,state or local)? kiYes ❑ No If yes,list agency(s)and permioapprovals Tom of Southold - Planning Board 11. Dees any aspect of the action have a currently valid permit or approval? !X Yes No It yes,list agency name and permitJapproval type 12. As result of proposed action will existing permdJapproval require modification? ❑ Yes ❑ No I CERTI[Y THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF M1' KNOWLEDGE Applicant/sponsor n ne _Sun Refining and Marketing Date: J Signature: t If the action is in the Coastal Area, and you aro a state agency, comploto tho Coastal Assessment Form-boforo procoeding with this assossmont OVER `111OR z 1:IIV12G11'.Q1 l_rtl._A .. 1!:11'r i'�'it)•1 MAY IMB I}ISTRVCTIONSt (a) In order to answor tho question:, 1n thiu :11,01'r. F.A1•' in is a3:,u,r.,d that t} pproparor. will use currently available in1'oI-r11L10n r.unr.ar'nirw, tho projocL and tho l2aly S.rapactu of tho action. 1t is not uxpncted th:lt url:llLionnl a[ur:lnc, rUccarc or other invcstigations will be tutdortalcon. (b) If any question has boon anstrurnd 'l,:n Lhil project r:ny I,/, :11., ic:a ccrplotod Environmental 1,saossn:unt Fo1:, 1:1 neCL' ,:,(lt'y. nt an( (c) If all quuations havo born ansv,cr•a11 Ill) it i:, li;coly ihl,t thi:: pro vct is Dot significant• (d) );•lvirnnnt•ncrll A.•,:,nnnment 1• Will project rosult in a larFo l hyaicrll Chill} o to the pro,joct sito or phy.a.,:allly Al ter morn than 10 acres of land? • • • . • • • • • • , Yl:;, X 11C 2. Will thoro ba a wJor change to arty c,llicluu or unuauul land form found on tllu aiLuy . . . . . __ '(„•, X 110 3• Will project altor .or havo n larl;u uffl,ct or, an cxiuting body of watur? . . . . • . . X No N 1.• Will projact havo a potentially lar•,;u impncp un grounawatcr quality? X (!: , 11c Ln .a 5• Will project 31mificantly, offoct rlralllayu Tier,, 1J` c,, ��' on adjacent. aitus? . . . . , . . . . _�_ li C• -� ri 6. Will project affoct any thront,:nn11 or rnllt.n>;nr u ! Ur �: —plant or animal spccics? , • X I1J 7• Will ro oct result in n --~ P � ,rn�r,r aclvur:u, ul'fr.cc on rj air gLality? . . . . X !l. Will project Nava 'a e�,Jor of!'uct cllcl:r:,•- ucter of the co^.•nuni:y or st:cnl,: vic::ra o: known to bo icportnne to tho Cou:-:-mnl-.yy . 90 will pro,jact advarsoly.lr..pact any nito or J ura of hiur-oric, pro•-historic, ur priluuncoloylcr,1 inportanco or any situ do:jiFnacec! ,�:; ,t cI iticnl environmental, aroa by n local al;unC7? Yc ., X t1U 10. Will project havo a major offact on oxi:,tinr. ur '~ Suture rocreatio;lul opPul•tu;Iiticla'; Will pro•joct.rnoult' in na jar traffic prnhlcrnn U: cause a major effect to oxji,Lin}; ;ty?LerCS? X 12. Will projoct roFttlarly eau_.;u ub,(t:r.Lic,nal,1<: ctic ::, nolsu, glaro, vibl•atzcn, ol• electrical c11:,LUIl,.• - anca as a result o1' tl:c PI-ClJoct�•, r ,eraLiJu7 � •1 X 19. Will project have ally ir,hact on I,,,blic Ilt:ul.Lh or safuty'! lc.. Will. pro,joct Error the xlaLinl; rnu,rn„nI�; 117 dircccly c;,uulnr, Cruutt In Prr,a.tr:1 ,,L I:r:l,t�ln— Lion of noro than Ilut•r.c:r t u:•nl• ;, c nc:•-yuu,• pl:rio or have a rn.l,jor rlol it 4 CltaraCLer of t}lU Cor4•;II,ri1.� ;r c 1, C!.I,t till :,) . , ' X_ I:,, 15. I;; there public on ra , : � t,, ,.., r i'1 1': Stm Rdf �g and Marketing QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED 6ITH YOUR APPLICA`1'ION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered\ to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? X)om No 2 .a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Xxxx No b) Are there any areas open to a waterway without bulkhead? No 3. Are there existing structures �at .or below ground level, such as patios , foundations, etc? Yes *o 4 . Are there any existing or proposed fences, cpncrete barriers, decks, etc? Yes +to 5 . If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. No 6 . If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. -YiEFs NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. XWS No 8. Are there any building permits nendin; on this parcel (or abutting land under your ownership, if any) ? Ymm No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Site Plan Application Yes Town Board Yes No Town Trustees Yes No County Health Department Yes Village of Greenport Yes No N.Y. S .D.E.C. Yes No Other Yes No 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale. (from contract) Y= No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver oy• permit under the requirements of Ch. 97 of the To-,an Code? 2mouQ= N/A 13. Please list present use or operations conducted upon the subject property at this time Gas Station/Repair Facility and proposed Gas and co/convenience Store Facility Please submit photographs for the record. I certify that th ibove statements are true and are being submitted for rel-' nce by the Boar of Appeals in considering my application. 1 gnature Authorized Agent Linda. Panzner - Project Engineer 1/8 8 Sun Refining and Marketing WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- ' 85 by L.L. No.6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow:comp. or any of fhe following: salt shay, Ulack grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESH WATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to l(d) inclusive, of the Environmental Conservation Law of the State Of New York; and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1) and lying with- ` in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." ' ( 9705 2-25-85 � Ati► 't FORM NO. 4 ¢r. TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. ZR3951. . . . . . Date . . . . . . . . . . . . . August . .28 . ., 19. 7p- THIS CERTIFIES that the building located at yieiia. Rd .&. Factory.Av . . . Street Map No. .7 . . . . . . . . Block No. . .XX. . . . . .Lot No. X=. . . . .Mattituck . .T1,X• . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . .May. . . .4 5. . ., 19.69. pursuant to which Building Permit No. .429.1Z . dated . . . . . . . Dlay. . . . .15. . . . ., 1969 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . .Bush,ness. .Building. . .Us.line . serV1ce .station-. Approved by Bd Apls• The certificate is issued to .Sun .oi. 1 .00. . . . . . . . . .QZ;to,er . . . . . . . . . . . . . . . . . . . . . . . .... . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Aug •26- 497p. . .by. R. V;LIla. . . . . . . House # 9945A, (? Zp `- Building Inspect r back WI t 1311 Pip OS PEN is ELM �t�+ir"I 11►��`�` yob x';'�. - � �..I `�A•.�P.i�+tip � � Ifs t � ml.��l!;�1�4►�'�iR �►,�. .. .:...,; C•:min�..*_ tv- �■ .ice/ ,� �-_�:: � I��►� � ;,t�f�� 'y l �I{1' SEE SIC FOR PARCEL NO. SEC. NO IS c/o IV 0 k I-C 1 �� 4 4 411 3b E") 39G legend COUNTY OF SUFFOLK f .. — ... Real Property Tax Service Agency —LE 1.1 Ri-rh- C1.1.1 --- --- T Ut L)Lr 61 .............. Tax Service Agencyl-t—C, 1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Sun Refining and Marketing NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Alan A. Cardinale PROPERTY OWNER P.O. Box 77 Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: 1. Th inte of the dersigned to petition the Board of Appeals of the Town of Southold to request Variance ecial Except' (Special Permit) (Other) [circle choice] r 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Sunoco Station located on New York State Route 25 at the intersection of Factory Avenue and Main Road, Southold.l Suffolk County Tax Map # District 1000, Section 142, Block 1, Lot 27 3. That the proper%y which is the subject of such Petition is located in the following zoning district: B-1 General business District 4. That by such Petition, the undersigned will request the following relief:_conversion of existing standard automobile service/repair facility into gas and go/convenience store facility. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sou ht b th under- signed are Article�ec. 100-62B� Article VII 100-70(B)(5) and 100_10(C (1� [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 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) 7�5-1809. 1 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 Travel er-Mat tit uck 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: September / , 1988. Petitioner Lessee's KEW N a m e s : Sun Refining and Marketing Post Office Address P.O. Box 13812 Philadelphia, PA 19101 Tel . No . (516 ) 785-0081 McNulty, DiPietro & Spiess, Esqs. Attorneys for Applicant 633 EAst Main - Riverhead, New.York ffi6) 727-820t [Copy of sketch or plan showing propo a to be a4arhe` r° °convenience purposes . ] i J ' PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) 261 residing at �' ?/ being duly sworn, deposes and says that on the 10-;P' day of i Z, 19 f, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at tee, e�r ��-%� ;that said Notices were mailed to each of said persons by (certified)1-r.eg eced-)-mail. Sworn to Wore me this day of , 19 Notary Public NOTARY PUBLIC, yak Tennnes Ausud 118,1 (This side does not have to be completed on form transmitted to adjoining property owners - )