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HomeMy WebLinkAbout3633 1 YLA-� o `F Southold Town .Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS .Appeal No. 3633-SE Application .Dated May 13 , 1987 TO: William D. Moore , Esq . [Appellant (s) ] Moore & Moore as Attorneys for "TARTAN OIL CORP . Main Road , Box 23 , Mattituck , NY 11952 .At a Meeting of the. Zoning Board of Appeals held onMay 12 , 1988 , the above appeal was considered, and the action indicated below was taken on your [_ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section .280-a [X] Request for Special Exception under the Zoning Ordinance Article VII , Section 100-70 ( B) j ] Request for Variance to the Zoning Ordinance Article . . , Section . . . . . .. [ ] Request -for Application of 'TARTAN OIL 'CORP . for a Special Exception under Article VII , Section 10011.70 B of the Zoning Code for approval of the establishment of a partial self-service gasoline station . Location of Property : South Side of Main Road , West Side of Marratooka Lane , and the East Side of Sunset Avenue , Mattituck , N%_-.".10.0071.1.5=` 3-.9: . .Zone :. . .".B-1.". Gen.eral Business . WHEREAS , . public hearings were held in the Matter of the Appli - cation of TARTAN OIL CORP . under Appl . No . 3633 on February 18, 1988 , and April 14 , 1988 ; and WH.EREAS , . at said hearing all those who , desired to be heard were heard and their testimony recorded ; and written statements have been submitted for the record in favor and in opposition of the pending application ; and WHEREAS , the Board has carefully considered all testimony and. documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and .the surrounding areas ; and .WHEREAS , the Board made the following findings of fact : . 1 . This is an application requesting a Special Exception under -the ' P.rovisions of Article VI.I , Section 100-70 ( B) of the Zoning Code for the approval of newly added self-service pumping stations in conjunction with a previously established _ful.-l -service gasoline station . 2 . The property in question is located in the "B-l " General Business Zoning District and is identified on the Suffolk County Tax Map as District 10'00 , Section 115 , Block 3 , Lot 9, containing a total area of approximately 34 , 700 sq . ft. (CONT.INUED ON_PAGE TWO ) DATED: May 12 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD . OF APPEALS Form ZB4 (rev. 12/81) f Page 2 - Appl . No . 3633-SE Matter of TARTAN OIL CORP . Decision Rendered May 12 , 1988 3 . The subject premises fronts along three streets as . follow : along the south side of the Main Road (or State Route 25 ) 201 . 82 feet ; along the west side of Marratooka Lane 185 . 95 feet ; and alon.g the east side of Sunset Avenue 158. 89 feet . The premises is surrounded by properties zoned "A" Residential and Agricultural . 4. For the record , the following historical information concerning the premises and previous construction is noted upon information and belief:_. . (a ) During. 1956 , the premises was improved with an one-story frame building set back 21 feet from the northerly front property line. [al.ong the Main. Road] and 71 ± feet from _the easte_rly _front property line [along Marratooka Lane] , as more particularly shown. by survey prepared by Otto W. VanTuyl _& Son surveyed June 8 , 1956.. Although there is no gasoline pump shown on this 1956 survey , it is the Board ' s understanding that t.hat building was used as a gasoline sales office and minor vehicle repairs , and that one gasoline pump or island existed to the north of that building . (b ) Some time subsequent to 1957 , the building was removed , and another building was placed as more particularly shown on the June 15 , 1970. .Survey prepared by . _VanTuyl.. & _Son which shows _setbacks from the northerly front property line at 60 feet and from the easterly front ._property line at 40 .feet . The record is unclear as to whether or not this building was constructed under a building permit and approval by any othe.r town departments . Town records do show that the subject premises during 1970 was zoned "A" Residential and Agricultural , and that a gasoline-service station was not listed as a "'permitted use" [except in the "B-1 " Business Zone District] since April. 1957 ; (c ) On or about June 7 , 1965 , the Zoning Ordinance provisions for the "B-1 '" Business District were amended to require a Special Exception approval by the Board of Appeals for a building or premises to. be used as a gasoline service station or public garage [Section 420-2] ; (d ) On or about November 23 , 1971 , the Zoning Maps were amended to include the rezoning of this property from "A" Residential -Agricultural to "B-l " General Business , and including the requirement for Site-Plan approval by the Planning Board in addition to Special Exception approval by .the Board of Appeals , etc . (e ) No town approvals have been found during the above time periods for t_he newly located building and/or site as existed since its change in 1986 to the present time . (f) The . record is unclear as to issuance of permits for the commercial buil.ding and site prior to 1970 ; (g ) During 1986 or thereabout , the site and building were changed , and as of this date , site-plan approval has not been received from the Planning Board as, well as other zoning criteria which have not been complied with , as follows : Page - Appl . No .. 3633-SE Matter of TARTAN OIL CORP . .Decision May 12 , 1988 1 . extensive blacktopping , eliminating natural wooded areas and other nat-uraj landscaping ; 2 . relocation of one gasoline island from the previous location to-. a point 1.O feet . from the northerly property .fine ; 3 . creation of a second gasoline island approximately. 19 feet north .of the building.- in the.. front- yard area ; 4. relo.cation. of ,air pump in the westerly front' yard area ; _ 5 . creation of new colonnade with roof of a size 24 ' wide by 59 ' deep in the frontyard area with an insufficient setback of' tw-o feet [2 ' ] from the northerly front property line ,. and extending over existing building; (Article VII of - the Zoning Code requires a minimum setback for buildings at not less than 35 feet from the front lines ) ; 6 . str.ucutural alterations of building , including , but not. limited to , ,.removal of t_wo garage. vehicle overhead_ doors , placement .of large picture window (s ) , new store front , etc . 7 . new placement of -three or more pole lights which create glare beyond .the lot l,ines ; . 8 . new placement of florescent (unshielded ) wall fights along the _sides of the .existing building for a total running length of approximately 36 feet which do appear to be adverse to surrounding properties when used in conjunction with the overhead. liQhting under the roofed col_onnade. and, the separate lighting poles; 9. conversion of garage bays and front office area into a retail store for sales of beer , prepared foods ,, and other items which are not incidental or accessory to the gasoline-service station use [see this Board ' s action rendered under Appl . No . 3633 same date hereof] . 10 . location of a glass-enclosed telephone booth at the most northeasterly corner of the premises near the Main" Road ; 11 . placement of new ground signs at the most northeasterly corner of the premises near the Main Road . 5 . Also noted for the record is a Certificate of Occupancy for Nonconforming Premises #Z14455 dated May 30 , .1986 which appears to have been based on the June 8 , 1956 Survey of Otto W. VanTuyl & Son for the .premises and building as existed riot to 1957 , but which does not apply since the building referred to has been removed from its original- footprint , based upon information submitted . 5 _ Page 4 - Appl No . 3633-SE Matter of TARTAN OIL CORP . Decision- Rendered May 12 , 198'8 6 . Based on the facts in the record , it appears ., that the applicant proceeded , as noted above , without appropriate authorizations . -The Board notes that there appears to be. several areas of noncompliance under the Zoning Code (including but not limited to Article VII , Sections 100-70 , ' 100-71 , Bulk and Parking Schedule , Article XI , Section 100-119 , Article XIII , Article XIV) , for the the subject self-service gasoline pump islands as required by Article VII , Section 100-70B , which reads in part as follows , as well as other site plan elements (Art . XIII ) : 100-70 -B. Uses permitted by special exception by the Board of .Appeals . The following uses are permitted as . a special exception by„- the Board .of Appeals , as hereinafter provided , and , except for the uses set fort.h .in Subsection B (7 ) hereof , are 'subject to site plan approval by the Planning Board in accord- ance with Article XIII hereof: 4. Public garages , gasoline service stations , all .,sub.je.ct to the following requi rements (a ) Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet , and shall _.be located not less. than 10 feet from any property line . ._. , _(e )--. No gasoline or fuel pumps shall be located less than fifteen feet from any street or property line . 5 . Partial self-service gasoline service stations shall be subject to all of the provisions of 100-70B (4 ) [above] and subject to the following requirements : (a ) through (g ) [in.cl.usive]_. 7 . In researching Town records, it is noted that the only building permit issued appears to be for the construction of the "canopy." under Permit #15833Z issued April 1 , 1987 . 8. ' Also in considering this application , the Board also determines (a ) that the use will adversely affect the safety , health , welfare , comfort , convenience an_d order of the Town , [as noted above] ; (b) that the use is not consistent with the general purposes , regulations , and intent of Chapter 100 [Zoning]-.; (c ) that the use will prevent the reasonable use of adjacent or nearly residen.tial properties ; (d ) that the use will cause disturbing electrical discharges , light , vibration , and noise. Accordingly , on moti-on by Mr . Grigonis , seconded by Mr . Doyen , it. was ,e 5 - Appl . No . 3633-SE ,atter of TARTAN OIL CORP . Decision Rendered May 12 , 1988 RESOLVED , due to the deficiencies under the zoning ordinance for the existing building and structures , and for the proposed use and structures , that the application in the Matter of the Application for TARTAN OIL CORP . under Appl . No . 3633 , must be and hereby is DENIED (WITHOUT PREJUDICE to -future appli-cations ) ; and be it FURTHER RESOLVED , that the applicant/property owner upon receipt of this decision be and_ hereby is notified that all improper operations should cease and desis..t immedi_a_tely--. Vote of the . Board : Ayes : Messrs . Goehringer , Doyen , Douglass anal Grigonis . (Member Sawicki _was absent . ) This res.olut-ion was duly adopted . 1 k .04 GERARD P . GOEHR­INGER , WAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOW11 CLERK DATE S�i�+� DOUR 3=SY Town Clerk, Town of Soul[hold - -' -- — — F aCAT 14 MA y tiJ a scra L.tr I I_-__ 59 b• 0 10 LE r Sca L E ; - - n -"^• _ b •-r,rr .w,i,. `'S',Y-Y.,t '1,.. NA tu 2A L. O b LA 0 Go Ls Cds vG 21'- c>" w lid j aWi " p �LEVATad oF.. L<s.►oPr�/ NZ,q' r�• rAJIZ ;A`CZE A' -'Gc*^.9 GAL., t, 0VMt.F. WALL (� 0 _..__.. 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M�LV��ti . ` ►l• ► .iG I TITLE " Gr .. ...... +101•40 �t7a DSE'.�+ =t A.�oP ��lSt" Uir • 9$:e>o Gcz. , ' +toa p-.,r } t•Ica.Ss � ' &er, F MATT MdQ�a-�oe�ca La. �wS�rAv1 Trick: ,t�. / -]- OF "g T PETROLEUM ASSOCIATES M.H. DEUTZMAN P.E.'., 'G.F 58 CHERRY LANE; 112 HOWARD AVE., . 11 N.Y 87 MI SMITHTOWN � DDLESEX N.J.08846 516-265-2256 201-356-5188 _ UWN $Y �.•F.S. ORAWING NO IiEV H'K' .C D 8Y .'�. •G SCALE. to.• .. . . ,, �(7 . �1 � , 1 - .- DATE... '2,2•87 • SHEET' , ' . t NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , APRIL 14 , 1988 at the follow- ing times : 7 : 30 p .m . Appl . No . 3719 - SOUTHOLD SAVINGS BANK. Variance to the Zoning Ordinance , Article VI , Section 100- 60 (C) [2] (a ) for permission to erect an' o►i=premises building identification sign , the lower edge of which will be less than four feet above ground. Location of Property : 1400 Railroad (Youngs ) Avenue , Southold , NY ; County Taxes Map Parcel Nds . 1000-60-2-10 . 4 (prev . 10 . 2 & 10 . 3 ) . 7 :.35 p .m . Appl . No . 3716 - ROBERT E. WALDRON , JR. Variance to the Zoning Ordinance , Article XI , Section i 100-119 . 2 for permission to construct deck addition at rear of existing dwelling which is less . than 75 feet from the mean highwater mark along dredged canal at James Creek , Mattituck. Location of Property : 2980 Ole Jule Lane , Mattituck , NY ; County Tax Map Parcel No . 1000- 122-4-17 . i 7 :40 p .m . Appl . No . 3575 - ROSA J . HODGSON . Variances to the Zoning Ordinance , Article III ,. Section 100-31 , Bulk Schedule , for approval of the insufficient area and width of parcel to be set-off in this pending division of land . . Location of Property : North Side of Pine Neck Road , Southold , NY ; County Tax Map Parcel No . 1000-70-6-33 . Containing 7 . 152 acres total . 7 : 50 p .m. Appl . No . 3707 - JOSEPH F. CITARDI . Variances to the Zoning Ordinance , Articles : (a ) XI , Section 100- 119. 2 as to insufficient setback from bank- or bluff along the Long Island Sound , and (b) III , Section 100-31 , Bulk Schedule , as to insufficient f.rontyard setback from the front [southerly] property line along C . R. 48 , in this proposal to construct new single-family dwelling. Location of Property : 56225 C . R. 48 , Greenport , NY ; County Tax Map Parcel No . 1000-44-01 -22 . . Page 2 - Notice of Hearings Regular Meeting - April 14 , 1988 Southold Town Board of Appeals 8 :05 p .m . Appl . No . 3709 - EDWARD A. HANDS . ( Recessed from February 18 , 1988 .as agreed ) . Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III , Section 100-30B ( 15 ) . Location of Property : 635 Lupton Point Road , Mattituck , NY ; County Tax Map Parcel No . 1000- 115-11 -3 . 8 : 15 p .m . Appl . No . 3715 - BERNARD KIERNAN . Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for permission to construct additions to dwelling and accessory structure (s ) within 75 - feet of the ordinary highwater mark along Southold Bay . Location of Property : 1605 North Parish Drive , Southold , NY ; County Tax Map Parcel No . 1000-71 -1 -15 . 8 :20 p .m . Appl . No . 3722 - MANFRED KUERNER . Variances to the Zoning Ordinance , Article XI , Section 100-119 . 2 and Article III , Section 100-31 , for permission to-- extend garage an additional two feet from that previously granted under Appl . No . 3706 and to construct additional living area at rear of dwelling with reduction -Of nonconforming sideyard at the north and south sides , insufficient total sideyards , excessive lot coverage , and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque Pond] . Location of Property : East Side of Carole Road , Southold , NY ; County Tax Map Parcel No. 1000-52-2-3. 8 : 30 p .m . Appl . No . 3687 - JON C . KERBS . (Recessed from March 17 , 1988) . Interpretation and , if necessary , Variance under Article XI , Section 100- 119 . 2 of the Zoning Code , for permission to locate building pursuant to DEC Permit #10-86-0092 and Trustees Wetland Permit #373 . Location of Property : East Side of Narrow River Road , Orient ; County Tax Map Parcel No . 1000-27-2-5 . 8 : 45 p .m . TARTAN OIL CORP. : ( a ) Appl . No . 3633 - Special Exception under Article VII , Section 100-70 (B ) of the Zoning Code for approval of the establishment of a partial self- service gasoline station ; and (b) Appl . No . 3636 - Variance under Articles VI , Section 100-62 (B ) , VII , Section 100-70 (B ) for an Interpreta- tion of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station . Page 3 - Notice of Hearings Regular Meeting - April 14 , 1988 Southold Town Board of Appeals Location of Property : South Side of Main Road , West Side of Marratooka Lane , and the East Side of Sunset Avenue , Matti - tuck , NY ; 1000- 115-3-9 . Zone : " B= 1 " General Business . 8 : 50 p .m . Appl . No. 3703 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to construct new dwelling and garage with an insufficient setback from top of bluff or bank along the Long Island . Location of Property : 19995 Soundview Avenue , Southold , NY; County Tax Map Parcel No . 1000-51 -04-006 . 9 :00 p .m . Appl . No . 3710 - THE COVE AT SOUTHOLD , INC. ( Continued from March 17 , 1988 ) . The Board of Appeals will hear at said time and place any and all representatives or persons desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing. For more information , please call 765-1809 . Dated : April 1 , 1988 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ---------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. Dote . . .� . . . . . . . . . . ., 19 . $.? . To w PLEASE TAKE NOTICE that your application dated . . .1:1!�.4� . . . . . . . . . ., for {permit to construct . . . . . . . . . . . . . . . . . . . . . . . at Location of Property �?') . . . . . . . . . . . . . . . . . �. .^^, House No. Street Hamlet County Tax Map No. 1000 Section . . . . .)/.S. . . . . . Block . . . . . . . . . Lot ... . . . . . . . Subdivision . . . . . . . . . . . . . . . ... Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . . .i l Ss ;an l ov-7 0 S� is returned herewith and disapproved on the l�illowinh grounds S . � . i P4 ,,,,��. Z A .Q 444 O'�%c-0- . �-.�e-�p. Q�-� .s. q ,w . . . . . . . . . . . . . . . . ... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .Building Inspector nV 1/80 47.m. 01 RECOM SOWN OF SOUTHOLD, NEW YORK MAY 13 07 APPLICATION FOR SPECIAL EXCEPTION Town ( Application No. N9 Z,3 3 Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , TARTAN OIL CORP. of150 Broad Hollow Rd. (Residence, House No. and Street Melville, NY c/o William D. Moores ' Esq. Suite 3 Classe Commons Mattituck (Hamlet, State, Zip Coae, Telephone Number) 298-56 74 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE vII SECTION 100-70 , .SUBSECTION b 5 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): partial self-service gasoline station 'at Mobil station at Marratooka Lane and Main Road in Mattituck, NY A. Statement of Ownership and Interest. Tartan Oil Corp. Ware)(are) the owner(s) of property known and referred to as House No. , Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section' llb , Block , Lot(s) 9 which is not (is) on a subdivision Map Filed , "Map of Filed Map No. , and has been approved by the Southold Town Planning Board -Ph as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on 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: Site is presently' improved by retail gasoline service station. The self-service aspect of such. use will have no impact upon the surrounding neighborhood. Such a use is reflective of the demands of the public and the costs of gasoline and petroleum products . Self-service now accounts for more than 80 percent of petroleum sales. The proposed use will comply in all ways with the requirements of sections 100-70 b4 and 5 (see add ' 1 pg. ) C. The property which is the subject of this application is zoned B-1 and [ X] i.a ,consisto nt. with the. u�e(s) described in the Certificate of Occupancy being furnished herewith. [ ] 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. : 1 t Sworn to before me this /Z41lay of //2 19J7. ota*-PUbl is PATRICIA C.MOORE NOTARY PUBLIC,State of New'York Z B2 (rev. 2/6/86) No. 4861668,Suffolk County' Commission Expires June 16,1988 TARTAN OIL CORP. SPECIAL EXCEPTION APPLICATION PAGE 2 B. cont' d. to insure the safe-' ,and orderly use of the property. The proposed use will not adversely affect the health, safety, welfare, comfort, convenience or order of-. . the, town. The character of the use and development of uses in this zoning district will not be affected by the approval of partial self-service on this property. Nor will the proposed use adversely affect property values . Partial self-service will not unduly increase vehicular traffic con- gettion. Nor will such a use have effect on the availability and adequacy of water and sewer resources . No additional parking demands will be created by the proposed use and there will be no additional noxious gases, odors, dustplight, vibration or noise by approval of partial self service facilities . The fire suppression system will reduce risk of injury and property damage. The proposed use will not produce overcrowding or undue concentration of people on the property. Petitioner proposes that southerly side of southern island provide full service operation with balance of southern island and northern island to provide self-service. In addition kerosene and diesel pumps are proposed to be self-service. Diesel and kerosene are standard petroleum products offered for sale at gasoline service stations . Motorists using diesel and kerosene are penalized with higher prices if such products must be provided only on a full-service basis. In addition, many operators, '.particularly truck operators, prefer to pump their own fuel . Such preference is still penalized with higher fuel prices if full-service must be offered at that pump. TOWN OF SOUTHOLD PROPERTY RECORD CARD 3 OVMER STREET VILLAGE ' DIST. SUB. LOT YL�`A �'i/ f /�f�/f✓ �1 0 ; A I �r ;, � j! JDt ACR. FORMER OWNER N n E S w / r TYPE OF BUILDING P RES. �3� I SEAS. . VL FARM COMM. J CB. MICS. Mkt. Value. LAND IMP. TOTAL DATE REMARKS 12�� f 7? t�^.Vl E W z d /lo J ; .� L D .b O 5 ( 4F- I — C. H.1w I2�X.�aG �/ c � t t.,-•��� - J'�-� �J"--� � �.� /.?i 6 O �. N.. -\ Q I � I �'•.✓ ~_ .C'. - '- .� �Yy-,-A K/Z ? r z - L-7 ���?-- (%�! ICE!1,1;.f 7-20r4oV4 Gr( C�Yo r( r Co +-' i G11/l f AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland ! DEPTH ' House Plot BULKHEAD To .� i DOCK _- l � - COLOR TRIM Si- - I � A I I `obi, i3ido. } :tension ✓.tension ' 1 Foundation -f Bath Dinette 'orch !Basement �v Floors --7- K. 'orch. Ext. Walls Interior Finish /+ LR. eezew aY I ;Fire Place 1 Heat ✓ �. DR. ;orage 1Type Roof Rooms 1st Floor BR. { 'atio14 f Recreation Room Rooms 2nd Floor FIN. B , t. B. ' Dormer Driveway 0 9 a ate{„ �.:.••, _ � j . . -. ' •f � , , � -,won i- �I 1 �S r - '�-:�;`�i. ' f �. •� �'�Lli1'(PAY •j BYOU�cs - � I ' aw ri : . . . .. . • . .. � ('u ara,-��� c� fG 7•i f/c vu�Jr'�,�,���--� 1 .`��fl�..�•. �i(J'_• ��i �lJr'i7L]�rX VAS .i -77, ,+rry7rli t9�-CaYrC/;MO/7• r/�, r/fir. V,Ct r I f �A tip Wono ;. � :Y PLANNING BOARD MEMBERS ;,. r. SCOTT L. HARRIS h. Bennett Orlowski, Jr., Chairman ��� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 -Y7 I October 28, 1992 William D. Moore `OCT 30, 1992 Attorneys at Law , 1' 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952 RE: TARTAN Oil Site Plan Southwest corner of State Rte. 25 and Sunset Avenue, Mattituck Zoning District: Limited Business SCTM# 1000-115-3-9 Dear Mr. Moore: A review of the above-noted file and site plan indicates that the following information or approvals will be needed before the Planning Board can proceed: 1. Health Department approval (for the conversion .of the service bays to the mini.-market; 2. Curb cut approval ( 239K) for the curb cuts on State Route 25; 3 . Landscaping plan which shows the addition of landscaping at the northwest and northeast corners of the site between the curb cuts. The enclosed sketch illustrates this concept. 4. Approval from the Zoning Board of Appeals. 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"..---�--,11'�'7., '. - -� . .,�-, "'.',1" ' ,�L- ", " ,, '.'Ae. - , �. ... .. 't��" '...� ,-": ..-C...'j'; .- " '�' """-';;-�," -��;" . il.1" �. .. � - . . . , . - .. . . . . -.0 .... - .,. ; . . .I : . . ''. , , - " .. t: - _- ' -. , I . :. .'..� �2 .�. :. - , -, - - L�pl� ."- - -V. '��. -I .. "'. ; i -,--�'-,3.-. - W"- .. L -m ��'. /'. . . ;. I ': ;-. .. ". il..�:.-.".".. ..-...-. :'. . - '..' . ? : : �..' - ' .. .' L." 6...A:., . .- I.. . . �.I i i L. .. - , I v Y" ....'id,, � ,. .1�:.' . -% ". . .": ;: � '2�. ; . I I . , I .7 , , .. I :. . . 1 ``•y ... .. I ,/1./�`� <^^ .ems PLANNING BOARD MEMBERS 6 4 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman , ' Supervisor George Ritchie Latham, Jr. `r:•;u' Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE. Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 LS December 8, 1-992 j ( f � William D. Moore I1 - ' —gig 1992 t I� Moore & Moore j I;' P.O. Box 23 �--~ A Mattituck NY 11952 j-------- RE: Tartan Oil Site Plan Southwest corner of State Rte. 25 and Sunset Avenue, Mattituck Zoning District: Limited Business SCTM# 1000-115-3-9 Dear Mr. Moore: The Planning Board has received a letter from the New York State Department of Transportation in response to its letter of November 16, 1992, concerning the width of the sidewalk at the above referenced property. (Copies enclosed) . The DOT requests that you comply with their 5' -0" sidewalk standard. In addition to the above, the following items must be added to the site plan before the Board can proceed: 1. Drainage plan and calculations must be shown. 2. Parking calculations must .be shown, including handicapped parking. 3 . An enlarged diagram of the floor plan showing all uses must be provided. 4.. A landscabing plan must be provided; see enclosed sketch. Street trees must be provided on Route 25, Marratooka Lane and Sunset Avenue. Page 2 Tarton Oil 5. The free standing sign must be twenty-five (25) feet from the front property lines. The maximum height of such a sign shall be fifteen ( 15) feet. 6. Percent (a) lot coverage and landscaping must be shown. 7 . The total area of the property must be shown. 8. All lighting must be shielded from adjoining properties. In addition to the above, consideration should be given to relocating the parking spaces away from the underground storage tanks to facilitate the delivery of fuel. Further, Suffolk County Department of Health Services and New York State Department of Transportation permits are required. If a fire well is required we will notify .you. If you have any questions, or require additional information, please contact this office. Very truly yours, Bennett Orlowski Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman Board of Appeals PLANNING BOARD MEMBERS �" tic't i-T I.. I I ARRIS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward n R a,l Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD i%i. ,51 r„ 0.1-S_'t No'grember 16, 1992' Vito Lena, Regional Permit Engineer State of New York Veterans Memorial Highway Happague, NY 11787 RE: Tartan Oil Site Plan Southwest corner of State Rte. 25 and Sunset Avenue, Mattituck Zoning District: Limited Business SCTM# 1000-115-3-9 Your Case # .90-425 Dear Mr. Lena: This is in reference to your letter to this Board of January 2, 1991, in which you indicate a five foot sidewalk would be required for the above referenced project. The Planning Board would like to request that the sidewalk . width be reduced to four feet due to the anticipated low volume of pedestrian traffic, and the fact that there are no other sidewalks along State Road 25 in this vicinity. We also note that adjacent properties are zoned for Agricultural or Residential uses. . The Board would appreciate a written response to its request. If you have any questions, or require additional information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman (�f„CELSIOµ STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 .JAMES A. KLIZLOSKI FRANKLIN E. WHITE REGIONAL DIRECTOR COMMISSIONER December 3, 1992 Mr. Bennett Orlowski, Jr. Planning Board Office Town of Southold Town Hall, 53095 Main Street P.O. Box 1179 Southold, NY 11971 .Dear Mr. Orlowski: Tarten Oil Site Plan State Route 25 and Sunset Ave. Mattituck/SCTM 1000-115-3-9 Our Case No. 90-425 Reference is made to your letter of November 16, 1992 concerning the sidewalk installation along State Route 25 at the above noted location. Your request to reduce the width of the proposed sidewalk along Route 25 has been reviewed by this office. New York State standards require that whenever applicable the installation of 5'-0" wide sidewalk be applied. In situations .where we have different width sidewalk abutting the proposed site we will match the existing. In this case both parcels which are adjacent to this site do not have any sidewalk. Therefore, we will apply this standard and require that the new 5'-0" sidewalk be installed five feet from the back of curb. Any questions concerning this matter may be directed to this office at 360-6025. Sinc ely ;ours, VITO F. A Regional Permit Engineer VFL:BC 3 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER _ .. �,` ,�� � „' r �zylv�l.l. �0/.•:.. t' ��'---•j�' 1 � tit j z}�„ F '�. - %` S(�i>J r 2 v' 5•' t-'1/t t•I`�, S 1'�, 1"l.1 j'xQol a.rt; 47,93 T�W boo t� ME-rd.L NALIOC �IaF'!a LTa. K�� `► '�Qde, � ; QL .. • �\ i r , d �{atilt -t' j 1ti4 ^. C �x$re..JA Ile n#h•. �} =1" a S r• �.., v 4•' ..�:: .r .t",' ../ .,fc; yy;.�:: a_;�� .a!". •f�!_r:i. d_rc1:, 1 ._ , 'JA::,y..u,.;�•� XL .�� +A'. .i -S H: il.• ,t' 1.�: .,.i ,j:•'i .C' r. - �� �3ort%E �oilG �'Uri7i� .I5.14ti�/�5 }} � W • } y�dP BS�ro.J Syi •� r, C,'r L4 .k7 .. 0...�c2'' CC 7 20 .P �G -- -- co,• lc. cu/1i3 � - _ 20� .�2' - . .� : . •s•*'��_ / 1cFA1 .<5 ,� / .� / f.�._ � _._.cars 9�,t r , ►•7? % f tor.�c, � �'''� __ NF GGLt i f f - _. ----- ' 13 GUT i-_ f r •G r ' ` '' ICJ Et•�1 �.avG.- \ _ I~ t o t.4s 4- _ ' Ioa O .. •s; try,; %f_ , Southold 'own hoard of Appeals 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 April 14, 1989 JAMES DINIZIO, JR. Frank A. Isler, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski 456 Griffing Avenue, Box 389 Riverhead, New York 11901 Re: Tartan Oil Corp. v. Z.B.A. Appl. Nos. 3633SE and 3636V Decisions Rendered May 12, 1988 Dear Frank: The Board Members have discussed your March 17, 1989 letter and Joel H. Joseph' s communications to you of March 9, 1989 concerning the above matter in Executive Session last evening. The Board feels it necessary for all concerned to require proper formal applications on several issues which were not part of the initial applications made before the Board in early 1988. It is the Board' s position that applications for all of the following areas should be made and addressed: 1. Variances for an accessory structure in the front yard and for excessive height (canopy structure) . {Note: Article VIII, Section 100-81C( 1) and height restriction under Section 100-33 of the .new zoning code) . 2. The requirement of a formal application to the Planning Board will not be waived by this Board in the form of a settlement, particularly since this would. set precedent. It is our understanding that the applicants have not furnished the -' Planning Board with the information under the site-plan jurisdiction to allow them to procedurally move. Complete application to the Planning Board is the. proper procedure' in this regard. Mr. Joseph should feel free to meet with the Planning Board representative concerning the site-plan elements required under the new zoning code, such as the screening, parking areas, lighting, etc. prior to any hearings on the variances by Board of Appeals. r SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------.---------------------x TARTAN OIL CORP. , Petitioner, -against- BOARD OF ZONING APPEALS OF THE TOWN STIPULATION OF OF SOUTHOLD, SETTLEMENT Respondent. Index No. 88-10700 --------------------------------------x SUPREME COURT OF THE STATE OF_ NEW YORK COUNTY OF SUFFOLK --------------------------------------x TARTAN OIL CORP. , Petitioner, -against- Index No. 88-10701 BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHOLD, Respondent. --------------------------------------x IT IS HEREBY STIPULATED AND AGREED by and between the petitioner Tartan Oil Corp. (hereinafter Tartan) and the respondent Zoning Board of Appeals of the Town of Southold, (hereinafter the Zoning Board) , that the above Article 78 proceedings are settled upon the following terms and conditions : 1 . Tartan shall apply to the Southold Planning Board for site plan approval, which site plan, if granted, will be conditioned upon Tartan' s obtaining the variances and special exemption permits recited hereinbelow. -1- 2. Upon the grant of conditional site plan approval, Tartan shall apply to the Zoning Board for a variance for placement of the canopy, as an accessory structure, in the front yard for a variance of the height requirements applicable to the canopy. 3 . Simultaneously with the hearings on the Zoning variance applications set forth in paragraph 2 above, the Board shall reopen the previous variance application for the convenience store and the special exception application for self-service and full-service gasoline sales, both of which had been denied without prejudice. In the event site plan approval and the variances set forth in paragraph 2 above are obtained by the petitioner, then the convenience store variance and special exemption applications will be granted subject to the following conditions: a) food service to be limited to packaged items, plus the heating of previously prepared foods, all for off-premises consumption; b) no alcoholic beverages to be sold before 5 :00 p.m. on all days when school is in session; c) all lighting at rear of property be shielded from adjoining residential property, in addition to all site plan requirements set by the Planning Board; 4 . Upon Tartan' s obtaining and complying with the approvals set forth above, the Building Inspector would -2- be authorized to issue the appropriate certificate of occupancy. 5 . Both proceedings shall be discontinued without costs or disbursements to either party and this stipulation can be submitted by either party to a Justice of this Court to have it "so ordered" without further notice to the other party. Either party can file this stipulation without further notice to the other party. 6 . See rider annexed hereto. Dated: October /1i, 1989 GERARD P. GOEHR LAGER, phairman BARRY T LLERING, Prej ident Southold Town Board Appeals of Tartan Oil Corp. 'SMITH, FINKELSTEIN, UNDBERG LEVINE & ROBINSON, P.C. ISLER and YAKABOSKI Attorneys for Petitioner Attorneys for Respondent Office & P.O. Address Office & P.O. Address 50 Charles Lindbergh Blvd. 456 Griffing Avenue Mitchel Field, NY 11553 P.O. Box 389 (516) 794-6900 Riverhead, New York (516) 727-4100 So ordered this day of , 1989 . J. S. C. -3- Rider to Stipulation 6. It is agreed and understood that all prior proceedings between the parties remain open until the Planning Board and Board of Appeals render final decision herein, and that if Tartan chooses to challenge any such final decision no statute of limitation or res judicata defense will be raised by such Board as to those prior proceedings. Dated: C�/ GERARD P. GOEHRINGER, Chairman BARRY T LLERING, ,P ident Southold Town Board of Appeals of Tartan Oil Corp. . SMITH, FINKELSTEIN, LUNDBE , LEVINE, ROBI ON & ALGIO , P.C. ISLER and YAKABOSKI Attorneys for Petitioner Attorneys for Respondent Office & P.O. Address 456 Griffing Avenue 50 Charles Lindbergh Blvd. P.O. Box 389 Mitchel Field, New York 11553 Riverhead, New York ( 516) 794-6900 ( 516) 727-4100 StFFOtlr PLANNING BOAR MEMBERS �'d�, z8� w a.5� SCOT L. HARRIS Bennett Orlowski, Jr., Chairman ��z` '�'•� � Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOV�;N OF SOUTHOLD Fax (516) 765-1823 February 20, 1992 William D. Moore Suite 3 Clause Commons Main Road Mattituck, NY 11952 RE: Tartan Oil Site Plan Southwest corner of State Rte. 25 and Sunset Avenue, Mattituck Zoning District: Limited Business SCTM# 1000-115-3-9 Dear Mr. Moore: The Planning Board has received your letter of January 31, 1992, containing a traffic study and one copy of a site plan. The Board will get an estimate from its consultant to review the study and you will be informed of the charge. This fee must be paid before the Board can continue with its review. The site plan is incomplete; a copy of the Board' s letter to you of June 8, 1990, is enclosed for your guidance. A Long -Environmental Assessment Form and a copy of the deed to the property is required to complete your application. If you have any questions, or require further information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector ` y _;J .s � • Gig NNING BOARD MEMBERS u ''• :a,tr; SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward ,��;;--�� 'b "�� 4_s' Town,Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 8, 1990 William -D. Moore Suite 3 Clause Commons Main Road Mattituck, New York 11952 RE: Tartan Oil Site Plan , Southwest corner of State Rte. 25 and Sunset Avenue, Mattituck SCTM#1000-115-3-9 Dear Mr. Moore: The Planing Board has reviewed the revised map dated April 18, 1990. The following changes must be made before the Board can proceed with its review. 1. Drainage plan and calculations must be shown. 2. Parking calculations must be shown, including handicapped parking. 3• An enlarged diagram of the floor plan showing all uses must be provided. 4. Curbing must be installed around the entire property. 5. One curb cut must be' provided on Route 25 and one cut on Marratooka Road. ' There is to be no curb cut on Sunset Lane. The . curb cut on Marratooka Road should be located away from the intersection. 6. A landscaping plan must be provided. Street trees must be provided on Route 25, Marratooka Lane and Sunset Avenue. Fl\J_ Page 2 Tarton Oil 7. The free standing sign must be twenty-five ( 25) feet from the front and/or rear property line. The maximum height of such sign shall be fifteen ( 15) feet. 8. Percent (o) lot coverage and landscaping must be shown. 9. The total area of the property must be shown. 10. A lighting plan must be shown. ' All lighting must be shielded from adjoining properties. A copy of your letter to the Planning Board dated January 11, 1989 confirming many of the above items is enclosed for you- reference. In addition to the above, consideration should be given to relocating the parking in front of the underground storage tanks to facilitate the delivery of fuel. If you have any questions or require further assistance please contact this office. Very truly yours, Bennett Orlo v vc� wski Jr. / Chairman Encl. i i �I i r • Dunn EngineerinAssociates Consulting Engineers 66 Main Street Westhampton Beach, N.Y. 11978 516-288-2480 December 5, 1991 Mr. Allan Leon Tartan Oil Company `' :`J 532 Broadhollow Road soUTNoID t.•J P.O. Box 1017 PtgNN�N Toi��N Melville, New York 11747 BogR9 RE: Traffic Engineering Examination Mobil Gas Station Route 25 Mattituck Town of Southold, New York Dear Mr. Leon: In accordance with the requests by Mr. Bill Moore, Esq. and you, Dunn Engineering Associates has completed a professional traffic engineering examination of the Mobil Gas Station and convenience food store on the south side of Route 25 between Sunset Avenue and Marratooka Lane in Mattituck, Town of Southold,. New York. The major aspects of our examination included: a) a review of the existing access in relation to the internal and external traffic flows as well as sight distances and accident records, b) the improved access to the site as proposed .by Tartan Oil Corporation in relation to expected internal and external traffic flows, c) the access to the site as suggested by the Town of Southold Planning Department in relation to expected internal and external traffic flows, and d) necessary improvements to enhance the traffic flow. These aspects are discussed in the following paragraphs of this letter report. Review of Existing Access, Sight Distance, and Accident Records With the exception of a short section of curb located on the southwest corner radius of Marratooka Lane and Route 25 (Main Road), the site is uncurbed along the entire frontage on the south side of Route 25. Therefore, access can be obtained to the site at any point along Route 25. Entering and exiting traffic presently use the entire frontage to access the site. In addition, no curbs exist along the site frontage on the west side of Marratooka Lane, and access is obtained by entering and exiting the site at any point along the site frontage on Marratooka Lane. The site frontage along the east side of Sunset Avenue is uncurbed between the south side of Route 25 and a tree line which covers a portion of the site frontage along the east side of Sunset Avenue. Thus, access to the site is obtained at any point along the east side of Sunset Avenue between Route 25 and the existing tree line. ' R Mr. Allan Leon December 5, 1991 Page 2 Our review of sight distances indicated that available sight distance is good at all points along the site frontage on Route 25. This available sight distance along Route 25 ranges from 900 feet to the east and over 1000 feet to the west at the easterly end of the site on Route 25. At the westerly end of the site on Route 25, the sight distance available to the east is 800 feet and 750 feet to the west. Sight distances range between these values at other points along the uncurbed site frontage on Route 25. At the intersection of Marratooka Lane and Route 25 good sight distance exists to both the east and the west with a sight distance. of 900 feet to the east and 1000 feet to the west along Route 25. Sight distance is also good along Marratooka Lane to the south from the easterly side of the site where available sight distance is 600 feet. Furthermore at the intersection of Sunset Avenue and Route 25 good sight distance also exists to both the east and west with a sight distance of 800 feet to the east and 750 •feet to the west along Route 25. Sight distance to the south on Sunset Avenue from the west side of the site is somewhat restricted. by brush and tree branches growing out over the edge of pavement to the south. However, this sight distance would be improved to 500 feet or more by minor pruning. Based on accepted sight distance standards, the stopping sight distance required at Route 25 based on a posted speed limit of 40 miles per hour is 400 feet. Furthermore, the stopping sight distance required on Marratooka Lane and Sunset Avenue is 350 feet based on a posted area speed limit of 35 miles per hour. Therefore, the existing available sight distances at Route 25 and Marratooka Lane, Route 25 and Sunset Avenue and across the Route 25 site frontage are excellent based upon-minimum stopping sight distances. Also, sight distances on Marratooka Lane to the south from the easterly site frontage is excellent based on minimum stopping sight distances. The improvable sight distance to the south on Sunset Avenue would exceed minimum stopping sight distance values after some pruning was accomplished. Accident data was obtained from the New York State Department of Transportation on all the accidents that have occurred in the vicinity of the site over the three year period of 1987 through 1989. This accident information revealed that over the three year period, one reportable accident occurred in 1987 at Route 25 and Sunset Avenue. At the intersection of Route 25 and Marratooka Lane, over the three year period, one reportable accident occurred in 1987 and one classified as a non reportable accident occurred in 1988. No accidents were reported on Route 25 along the site frontage between Marratooka Lane and Sunset Avenue during the three year period. Non reportable accidents are those accidents that are not required to be reported to the Department of Motor Vehicles. A review of this data revealed that these intersections are not considered as high accident locations. Furthermore, this data revealed there is no serious traffic safety problems in the vicinity of the site. This accident information is particularly significant in view of the fact that in times of heavy uninterrupted traffic flow on Route 25, it becomes difficult to make turns out of Marratooka Lane and Sunset Avenue, particularly in the summer. Mr. Allan Leon December 5, 1991 Page 3 Our observations of existing conditions revealed that there are no major problems with the internal or external traffic flows at the site. However some recommended modifications regarding access to the site are contained in a following section of this letter. These modifications are intended to enhance both the internal site circulation and minimize potential external traffic flow problems. Review of Access As Proposed by Tartan Oil Company The access configuration as proposed by Tartan Oil Corporation in their revised site plan of November 20, 1991 would alter the site frontage along the south side of Route 25 to provide raised continuous curbing with two separate driveway openings for access to and from the site on Route 25. The westerly access point,would be 30 feet wide and would be located approximately 25 feet east of Sunset Avenue. This access drive would allow left and right turns into the site and left and right turns out-of the site onto Route 25. Another 30 foot wide easterly access drive would be located on Route 25 approximately 35 feet west of Marratooka Lane. This access drive would allow left and right turns into the site and left and right turns out of the site.onto Route 25. This access plan, on the easterly side of the site would provide a raised curb extending 125 feet south of Route 25. Site access would be provided by a 25 foot wide drive on the west side of Marratooka Lane and would be located 50 feet south of Route 25. This access drive would permit right and left turns out of the site and left and right turns into the site. Along the westerly side of the site, on the east side of Sunset Avenue a raised curb extending 70 feet south of Route 25 would be provided. Site access on Sunset Avenue would be by a 25 foot drive located 30 feet south of Route 25. The curb and access drive have been located to afford the least adverse impact on an established tree line on the east side of Sunset Avenue. The location of the drive also is suited to reduce potential internal traffic conflicts between entering and exiting traffic and patrons stopped at the kerosene/diesel pump.area in the vicinity of the drive. Left and right turns would be permitted both in and out of the drive. As previously discussed good sight distance will exist at both of the proposed access points at Route 25 and also along the west side of Marratooka Lane. Sight distance, although restricted along Sunset Avenue, can be improved to 500 feet by pruning overhanging tree branches on the east side of Sunset Avenue to the south. It is usual for most of the traffic accessing a facility such as this to be generated from the highway lane adjacent to the facility. Thus, it can be expected that most of the traffic entering this site from Route 25 would originate from the west. The predominant traffic flow therefore would be for most vehicles to enter the site by using the westerly driveway and leave by the easterly driveway on the south side of Route 25. The location of these two driveways provide for an efficient traffic flow both into the site from Route 25 and out of the site onto Route 25. Mr. Allan Leon December 5, 1991 Page 4 The formal access drives on Marratooka Lane and Sunset Avenue provided in this access plan will allow for an orderly traffic flow pattern both within the site and on these adjacent roadways. Review of Access Suggested by Southold Town Planning Department The access configuration as suggested by the Southold Town Planning Board would alter the site frontage along the south side of Route 25 to provide raised continuous curbing with only one driveway opening for access to and from the site on Route 25. This single access point on the south side of Route 25 would be located to the west near Sunset Avenue and would allow left and right turns into the site from Route 25 and left and right turns out of the site onto Route 25. The suggested plan also proposes that curbing be installed along the east side of Sunset Avenue with one driveway opening at a point approximately one hundred feet south of Route 25. The driveway will allow left and right turns into the site from Sunset Avenue and left and right turns out of the site onto Sunset Avenue. The access proposed along Marratooka Lane would provide for curbing along the west side of Marratooka Lane with two access driveways. The northerly access driveway would be located approximately fifty feet south of Route 25 and would allow for left and right turns into the site from Marratooka Lane and left and right turn out of the site onto Marratooka Lane. Because of its location, this driveway was intended to service gas customers utilizing the pumps in the front of the facility and also walk-in customers to the convenience food store. The southerly site access driveway as proposed at approximately one hundred feet south of Route 25 on the west side of Marratooka Lane would provide access to a proposed convenience food store drive up window at the rear of the gas station. Since the proposal to provide the convenience food store drive up window at the rear of the gas station has been dropped however, this 'southerly driveway on Marratooka Lane would be unnecessary. Since this plan provides for only one combined entrance/exit on the Route 25 site frontage, most of the patron traffic will utilize this driveway to enter the site from Route 25 and will exit the site onto Marratooka Lane through the proposed northerly site access driveway on the west side of Marratooka Lane. In order to return to Route 25 from the site, traffic will make a left turn onto Marratooka Lane and will proceed a short distance to the north and then enter Route 25 by either making a right turn or a left turn. The approximate distance between Route 25 and the location of the proposed driveway on Marratooka Lane is 50 feet. Considering a vehicle length at 20 feet, enough storage room will be provided between Route 25 and the northerly site driveway for two and one half cars. During times of uninterrupted traffic flows on Route 25, such as that which occurs during the summer months, few gaps may occur in Route 25 traffic flow that would enable side road traffic to enter the mainstream of Route 25: For this reason, an accumulation of traffic generated from the site at times could queue up from Route 25, across Marratooka Lane and back onto the site, thereby blocking Marratooka Lane to vehicles entering from Route 25. Considering Mr. Allan Leon December 5, 1991 Page 5 again the minimal storage area between Route 25 and the northerly site driveway, it would not require too many vehicles to saturate the intersection area and create an all stopped situation. Thus, the provision of only one access point on Route 25 will result in additional traffic on Marratooka Lane which could increase the delays to local traffic on Marratooka Lane desiring to turn onto Route 25. Proposed Improvements As a result of the conduct of our traffic engineering examination, it is recommended that the two driveways on the south side of Route 25 (Main Road) as proposed by the Tartan Oil Corporation plan be installed and maintained as the principal access to the combination gas station and convenience food store. The two driveways will serve both on site and off site traffic needs and will offer the most efficient traffic flow patterns for traffic entering and leaving the site on Route 25. This configuration will allow exiting vehicles to store within the site instead of on Marratooka Lane during times of high uninterrupted traffic flows on Route 25. Providing the two access points on the site frontage on Route 25 will eliminate the potential for a traffic problem on Marratooka Lane. A single access point on Route 25 would result in, a) additional turns for vehicles to access the site, b) internal traffic circulation problems, c) additional traffic volumes on Marratooka Lane and d) additional delays to vehicles accessing Route 25 from Marratooka Lane. Thus, two access points on Route 25 are recommended. Left and right turns into the site and left and right turns out of the site onto Route 25 will be permitted at each of the two site access points on Route 25. It is also recommended that access to the site on Sunset Avenue and Marratooka Lane be channelized through formal driveways instead of the free access which now exists along both of these roadways. Therefore, one access point is recommended on the west side of Marratooka Lane and one access point is recommended on the east side of Sunset Avenue. These access drives would allow left and right turns into the site and left and right turns out of the site from and onto the adjacent roadways. The single access point recommended on the west side of the site on Sunset Avenue would be located a short distance south of Route 25 and would primarily serve the local area residents from the south desiring to access the gas station and convenience food store. The location of this drive would not require removal of major trees located in the tree line along the east side of Sunset Avenue. The location is also compatible with good internal traffic patterns in the area of the kerosene/diesel pump located on the west side of the site. Mr. Allan Leon December 5, 1991 Page 6 The proposed parking plan within the site is designed to minimize conflicts between parking and unparking patrons of the convenience food store and drive through vehicles using the gas pumps. It is further recommended the overhanging branches be pruned on the east side of Sunset Avenue to maintain good sight distance to vehicles exiting the site onto Sunset Avenue. I trust this information meets your needs. If you have any questions or require any additional information, please call me. Sincerely, WALTER M. DUNN, JR., P.E. Principal WMD/bf P910057 L910498 SMITII, 1'INI{ELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.O. BOX 389 k4l II OWARD M.1*INICELSTEINV PIERRE G.LUNDBERG RIVERHEAD, N.Y. 11901 FRANCIS J.YAKABOSKI FRANK A.ISLER (516) 727-4100 REGINALD C.SMITH SUSAN POST ROGERS GAIR G. BETTS FAX (516) 727-4130 1926-1983 February 1 , 1990 Matthew Kiernan Assistant Town Attorney Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Town of Southold v. Tartan Oil Dear Matt: Enclosed please find what should be our final statement and voucher in the above mentioned Zoning Board case. As you may know, the proceeding has been settled pursuant to stipulation and the applicant is returning to the Zoning Board for additional variances and must also obtain site plan approval from the planning board. A copy of the stipulation of settlement is enclosed for your files. Also enclosed is a copy of our time records which we regard as attorney/client privileged. Would you kindly prese ' our voucher to the Board at your convenience. y truly ou s F NK A. SLER FAI :bm Enclosure cc: Gerard F. Goeringher,. Jr.",Ilz Chairman of Zoning Board of Appeals w/Enclosures 1 1 Riverhead February 1 90 ............... :.:. ..... N. Y., . .......Ifl......' OWN OF SOUTHOLD, COUNTY OF SUFFOLK ;.. • T , N. Y. Dr Smith, Finkelstein; Lundberg, Isler & ::Yakaboslu To...:...... ...... ............................ ,... ........ ...Claimant 456 Griffing Avenue, P.O: Box 389 verhead New York ` Address. ..?? 11901. ..... ... ..... .... ........................: Fed L. D. No ..... .............. Town of Southold v. Tartan Oil or Soc. Security No.— ........................ • #66905 for services rendered fran 5/22/89 through.1/24/90 = including discussions with zoning board officials, aration of stipulation of settlement, ;arrangemen of adjournments of proceedings during the negotiation process, numerous discussions with. Joel Joseph, attorney for petitioner, cone usion o settlement negotiations, execution, o StIIDU.LCLL.LUII� settlement, totalling 7.9 hours.. . $ 987 50 The undersigned (Claimant) (Acting on behalf of above named Claiman does hereby cernfy that the (cross out one) _ r foregoing claim is true and correct and that no part thereof has been pad except as tated a �d that-the balance.therein stated is actually due and owing:„ t Dated .February.1..:..... :. .:. 19.90.... .........:.... . .. .... :..... ....... Signature .. r i.• t o-. I 1 r i f ' SOUTHOLD, TOWN OF 02/01/90 53095 MAIN R, 66905-00N SOUTHOLD, NY 11971 VS. TARTAN OIL INTERIM STATEMENT HOURS 05/22/89 FAI TC LINDA,CONF GGB,REV'D NEW ZONING ORDINANCE .50 06/05/89 FAI TC JERRY .10 07/11/89 FAI REV'D STIPULATION .20 07/14/89 FAI TC JERRY . 10 09/14/89 FAI TC BOB KASSNER AT PLANNING BD. .20 09/28/89 FAI PREPARED STIPULATION OF SETTLEMENT; CORRESP TO GERARD G. 1 .00 11/07/89 FAI CONF GGB .20 11/27/89 FAI CONF GGB .20 12/01/89 FAI STATUS . 10 01/03/90 FAI REV'D STIP, CONF GGB .20 01/17/90 FAI CONF BEN .10 SOUTHOLD, TO­ OF (CONTINUED) 02/01/90 VS. TARTAN 0 66905-00N HOURS 01/19/90 FAI CORRESP TO CHAIRMAN .10 01/24/90 FAI REC'D STIP FULLY SIGNED . 10 FRANK A. ISLER 3. 10 04/27/89 GGB TC TO PL'S COUNSEL RE:STATUS OF THE CASE .30 05/04/89 GGB REVIEWED LETTERS:TC TO COUNSEL .60 05/05/89 GGB TC COURT RE:ADJOURMENT;TC TO PL'S COUNSEL; DISCUSSED LETTERS AND PROPOSALS .60 05/25/89 GGB TC TO JOEL JOSEPH .20 06/01/89 GGB TC TO COURT;ADJOURN MOTION .20 06/05/89 GGB TC FROM PL'S COUNSEL RE:STIPULATION OF SETTLEMENT .20 07/12/89 GGB TC FROM PETITIONER'S COUNSEL;ADJ PENDING MOTION, LETTER TO COURT .30 09/11/89 GGB TC TO JO?& JOSEPH; TC TO CLIENT, ADJOURN MOTION .20 09/18/89 GGB REVIEWED LETTER FROM PETITIONER'S COUNSEL .20' 09/21/89 GGB TC FROM PL'S COUNSEL .20 11/06/89 GGB REVIEWED LETTER FROM COUNSEL, TC TO COUNSEL RE: SETTLEMENT OF ACTION .40 SOUTHOLD, TOE"" -F (CONTINUED) 02/01/90 • ' VS. TARTAN 01 66905-OON HOURS 11/07/89 GGB TC TO JOEL JOSEPH RE:STIPULATION OF SETTLEMENT - PROBLEMS. .30 11/09/89 GGB TC TO COUNSEL; TC TO COURT DRAFT OF LETTERS .20 11/27/89 GGB REVIEWED LETTER AND CONDITIONS TO SETTLE ACTION; TC FROM PL'S CLIENT; DRAFTED MEMORANDUM FOR THE FILE .40 12/15/89 GGB TC TO COUNSEL RE:STIPULATION .20 01/03/90 GGB TC FROM JACK JOSEPH; CONF WITH FAI RE:STIPULATION .30 GAIR G. BETTS 4.80 FOR CURRENT SERVICES RENDERED 7.90 x MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman� � , RE: Tartan Oil Corp. v. Board of Zoning Appeals DATE: March 30, 1989 With regard to the above-noted court case and Frank A. Isler' s correspondence to each of us dated March 17, 1989, the Planning Board will be drawing up a listing of what changes are needed in the site plan in order to bring it into t conformance with the new zoning code. ` If you wish, perhaps we could discuss the matter jointly at a work session. The Planning Board' s next work session will be on Wednesday starting at 5 p.m. !f r yr ' t C r MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman F13 RE: Tartan Oil Corp. v. Board of Zoning Appeals DATE: March 30, 1989 With regard to the above-noted court case and Frank A. Isler' s correspondence to each of us dated March 17, 1989, the Planning Board will be drawing up a listing of what changes are needed in the site plan in order to bring it into conformance with the new zoning code. If you wish, perhaps we could discuss the matter jointly at a work session. The Planning Board' s next work session will be on Wednesday starting at 5 p.m. SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.O. BOX 389 HOWARD M.FINKELSTEIN PIERRE G.LUNDBERG RIVERHEAD, N.Y. 11901 FRANCIS J.YAKABOSKI FRANK A.ISLER (516) 727-4100 REGINALD C.SMITH SUSAN POST ROGERS FAX (516) 727-4130 1926-1983 GAIR G. BETTS January 19, 1990 Mr. Gerard Goeringher, Chairman Zoning Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Town of Southold v. Tartan Oil Dear Gerry: Enclosed please find the original and one copy of the stipulation of settlement containing the rider to the stipulation requested by the petitioner. The rider would allow the pending Article 78 proceeding to be revived should the applicant not receive site plan approval or the additional variances needed. In actuality, the appropriate remedy would be to bring new proceedings to challenge the denials of these additional and necessary approvals. Kindly sign the original rider and return it with the original stipulation to me. You can retain the copy for your files. As you will see, you have already signed the original stipulation itself. If you have any queFRANK , please do not hesitate to call. , /truly yours f A. ISLER FAI :bm Enclosure Southold Town Board of Appeals 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 April 14, 1989 JAMES DINIZIO, JR. Frank A. Isler, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski 456 Griffing Avenue, Box 389 Riverhead, New York 11901 Re: Tartan Oil Corp. v. Z.B.A. Appl. Nos. 3633SE and 3636V Decisions Rendered May 12, 1988 Dear Frank: The Board Members have discussed your March 17 , 1989 letter and Joel H. Joseph's communications to you of March 9, 1989 concerning the above matter in Executive Session last evening. The Board feels it necessary for all concerned to require proper formal applications on several issues which were not part of the initial applications made before the Board in early 1988. It is the Board' s position that applications for all of the following areas should be made and addressed: 1. Variances for an accessory structure in the front yard and for excessive height (canopy structure) , (Note: Article VIII, Section 100-81C( 1) and height restriction under Section 100-33 of the new zoning code) . - 2. The requirement of a formal application to the Planning Board will not be waived by this Board in the form of a settlement, particularly since this would set precedent. It is our understanding that the applicants have not furnished the Planning Board with the information under the site-plan jurisdiction to allow them to procedurally move. Complete application to the Planning Board is the proper procedure in this regard. Mr. Joseph should feel free to meet with the Planning Board representative concerning the site-plan elements required under the new zoning code, such as the screening, parking areas, lighting, etc. prior to any hearings on the variances by Board of Appeals. ti Page 2 - April 14, 1989 To: Frank A. Isler, Esq. Re: Tartan Oil Corp. v. Z.B.A. Once attempts are made as mentioned above, the Board of Appeals will be in a position to reopen the previous Variance Application for the Convenience Store, and the previous Special Exception Application for the self-service and full-service gasoline sales, (which now is applicable under the nonconforming section of the new zoning code, since this property was rezoned in January 1989 to LB Limited Business, as well as Section 100-262D concerning Special Exception jurisdiction) , and conduct hearings simultaneously on all issues. It has always been the authority of the Building Inspector to issue appropriate Certificates of Occupancy, after all the required applications are made and approvals from the Planning Board, Board of Appeals and Building Department are received, and this future step would not be out of the norm. We hope that this will help to clarify our position concerning this proceeding. Please call if you have any questions. Yours very tau GERARD P. GOEHRINGER CHAIRMAN lk cc: James A. Schondebare, Town Attorney hCS 846 (Jan. 86) r 'J ` For Clark Only REQUEST FOR JUDICIAL INTERVENTION SUPREME QQWWP - COURT, S u f f o lk COSY Index No. aU 11 V q00 Date Purchased IAS Entry Date FULL TITLE OF ACTION Tartan Oil Corp, ` Petitioner(,) .J.C e FEE i }%; D Name of Assigned - against - Judge JUP 24 1988 Board of Zoning Appeals of the Town of Southold Respondent W JUL8ETT KW E 1A coul iffy QW4 Date of Assignment Issue joined (date ) (check if applicable) _ Sill of particulars served (check if applicable) ------------------------------------------------------------------------------------ NATURE OF JUDICIAL INTERVENTION (check) Request for preliminary conference Note of issue and/or certificate of readiness Notice of notion (return date ) Relief sought Order to show cause (return date ) Relief sought (to be completed by clerk) Other ex parte application Notice of petition (return date July / 9- 1988 ) Relief sought Variance Notice of medical or dental malpractice action (specify which ) Statement of netkworth Writ of. habeas corpus Other (specify ) ----------------------------------------------------------------------------------------- NATURE OF ACTION OR PROCEEDING (check) TORT. SPECIAL PROCEEDINGS Motor vehicle _ Tax certiorari Medical or dental malpractice _ Condemnation (specify which ) _ Foreclosure Seaman _ Incompetency or conservatorship Airline g other special. proceeding, Other tort, including but not limited including but not limited to to personal injury, property damage, Article 75 (arbitration) , slander or libel Article 77 (express trusts) , (specify) Article 78 Review of D ; lion Denying OTHER ACTION (specify) Application for Matrimonial (contested) _ Contract a Variance Matrimonial (uncontested) _ Other ? (specify) ------------------------------------------------------------------------------------------ In the City of New York only: _The City of New York is a party to this action. The Transit Authority (or MABSTOA) is a party to this action. Is there a p.•ndinq related action or proceeding? Yes x No It yes, specify where, indicating name(s) of related case(s) , index number (s) and nature of relationship. ' Tartan Oil Corp. v. Board of Zoriina . Appeals of the Town of Southold1 Supreme Court, Suffolk County, Index No'SJo)OtSeeking review of decision denying application for a Special Exception at the subject premises. Attorney(s) for plaintiff s)/petitionerW NAME ADDRESS PHONE Levine & Robinson. P.C. 50 Charles Lindbergh Blvd (516 ) 994-6900 Mitchel Field, New York 11553 Attorney(s) for defendants)/respondent(s) MAW. ADDRESS PHONE Names of insurance carriers (if applicable and available) -I affirmunder penalty of perjury that, to my knowledge, other than as noted above-, there are and have been no related actions or proceedings, nor has a request for judicial intervent' previously been filed in this 4tion or p!Fy2ding. Dated: (SIGNATURE) J Carl S. Lev._ine (PRINT OR TYPE NAME) Petitioner ATTORNEY FOR 50 Charles Lindbergh Blvd ADDFFSS (Print or Type) Mitchel Field, New York 11553 INSTRUCTIONS Attach rider sheets if necessary to provide required information. If any party is appearing prose (without an attornev) , the required information concerning such party is -o be enteredin the space provided for attorneys. Southold . Town Board of A eats 6I- � P� f�IYJl � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS June 7 ;, l 988 JOSEPH H. SAWICKI William D. Moore , Esq . Moore & Moore Main Road , Box 23 Mattituck , NY 11952 Re : Appl . Nos . 3636 and 3633 Tartan Oil Corp . Dear Bill : Transmitted for your perusal and file are copies of the recent responses from the. Suffolk County Department of Planning in the above matters . Yours very truly , Linda F. Kowalski Enclosures COUNTY OF SUFFOLK L' PATRICK G. HALPIN $ ;� rL° nee � ioid SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING 360-5513 June 3, 1988 Town of Southold Zoning Board of Appeals Applicant: Tartan Oil Corp. Mun. File No. : #3633 S.C.P.D. File No. : SD-88-19 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate, particularly as relates to the legal propriety of the existing structure(s)/use(s) on the premises. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.1., NEW YORK 11766 (51 6)360-5192 r: , Southold oard o is `%k MAIN ROAD - STATE ROAD 251 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant t'o Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : Variance from the Zoning Code , Article Section Variance from Determination of Southold Town Building Inspector xx Special Exception , Article vz1, Section 100-70 (B) Special Permit Appeal No . : 3633 Applicant : Tartan Oil Corp . Location of Affected Land : Main Rd. , Marratooka La. , Sunset Ave. ,Mattituck, NY County Tax Map Item No . : 1000- 115-3-9 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Soun.d or Estuary) xx State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any -Stream or Drainage Channel Owned by the County or for - Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . approval of the COMMENTS: Applicant is requesting pump4g tzK establishment of a partial self-service gasoline station Copies of Town file and related documents enclosed for your review. Dated : May 31, 1988 Memorandum from . . . . - ' Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 'Date: 5/27/88 To: Georgia , Secretary Building Department Frbm: Z . B . A. Office Re : Appeal #3636 and SE #3633 Transmitted for your files concerning premises of TARTAN OIL CORP . in Mattituck - 1000-115-3-9 is a copy of the Board ' s denial without prejudice on the self-service Special Exception . I have also under separate cover given a copy to Vic for his record and info . Thanks . Linda K. DO 2iouithold 'Iown ard of Appeals ,1, 't` d�"� 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 26 , 1988 William D . Moore , Esq . Moore & Moore Main Road , Box 23 Mattituck , NY 11.952 Re : Appl . No. 3633 =TARTAN OIL CORP. (Special Exception ) Dear Bill : Transmitted herewith for your record is a copy of the findings and determination rendered by the Board of Appeals in the above matter and filed with the Office of the Town Clerk today . Yours very truly , GERARD P . GOEHRINGER C A I RM�ANN L Kind Kowalski Enclosure Copies of Decision to : Building Department Mr. Victor Lessard (Bldg. Dept. Admin . ) Planning Board Ms . Valerie Scopaz (Town Planner) Suffolk County -Department of Planning PECONIC MOBIL SALES G �� I� The following information is provided to show the relationship between sales of petroleum products and sales in the convenience store on two typical days at the Peconic Mobil Station operated by Tartan Oil Corp. Feb. 16, 1988 Store: $ 240. 00 Gas: $2, 280. 00 Feb. 17, 1988 Store: $ 277 . 00 Gas: $2,161. 00 From these sales figures it is clear that the convenience store sales are clearly incidental to the principal use of the property as a gasoline station and do not approach the status of a principal or separate use . Moore & Moore Tartan Oil Corp. / Mattituck Southold Town Zoning Board of Appeals � l PECONIC MOBIL SALES The following information is provided to show the relationship between sales of petroleum products and sales in the convenience store on two typical days at the Peconic Mobil Station operated by Tartan Oil Corp. Feb. 16, 1988 Store: $ 240.00 Gas: $2, 280 . 00 Feb. 17 , 1988 Store: $ 277 . 00 Gas: $2, 161.00 From these sales figures it is clear that the convenience store sales are clearly incidental to the principal use of the property as a gasoline station and do not approach the status of a principal or separate use . Moore & Moore Tartan Oil Corp./ Mattituck Southold Town Zoning Board of Appeals R R GAl T ZoNIIVu^ Al P AS OF Ff 13. s Y l 9.7 r _ — IL—,'r / 1 9 r� C J MA T UCK �.. •:....:':::II::.. .... i� ce_ k cu {yy • 11 k �� J � a } p r E A T P E C o N i' C B R. Y • �\\ '��SOD®�oR i• I = I y , 17 ISL AND • � ScnLc 6 00'=- RC,571D CA/T AL GRI. Q � II ,� 8 BUs/NESS .� //o/ US TR l A L_ - "/S'�''MULTIP� RES. i Malt�Ocd 1-9-5 0 7 W. VAN �UYZ- � SON •.. r s- • �� I L is eases L or��S�i'veyc,rs j ; C - is_.3 .. TOWN OF .SOUTHOLD PROPERTY RECORD CARD 16 l.�- / o _ OWNER STREET VILLAGE DISST. SUB. LOT Jt N '`'�o q PI ;✓ '. . r C `�' I�r s C it°i FORMER OWNER N S TYPE OF BUILDING RES. �f� SEAS. . VL. FARM ::COMM. CB, MICS.. Mkt. Value . v,ND IMP. TOTAL DATE' REMARKS /2lb-/73 /S:=Yl Ul No C A iq fvk77 '- D-p a Wiz- 3 ( q a - G. l.. - Izo�,zoo O o O v 0 O D D r ye 4/Ct-l�'U rl"'� - ZOG�..-� ��a3 d i �^/_ �/ry "®�� ... z - ? 9 o r 4 leg Y4014Or( CdYn V(a 4 , hI-«I-+ �Z i� f/a, AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE "' FARM Acre Value Per Value :' _. Acre Tillable, FRONTAGE ON WATER Woodland f'' -,FRONTAGE ON ROAD 20 =' Meadowland ':DEPTH House Plot BULKHEAD Total �: DOCK 4'Aay ®®■eeee■■Ne NOON■■ ■ ®®OO®eeee■■O■OE ■■■■■■e■■■■■ ®■■eeee■eeee■■E■�■■NN■■ NOON■■ -- ®e■ ■■■©r�■■■�e■ ■■■e■ NOON■■ ® s }h r. ®®O■�■N■O®■■�■■■■■■■■■■■■NONE � : _._� ®®e■■eN■ENN■■■INN■■Ne■■ . .;~. .� .. ��.��.;�..r�F� ®■■■■Me■N ■■■�Ne■■■■■■■■■Nee■ f :Y ti ■■■■■E■■■NE■ME■EMO■MEME■■M■M■ ®■®EEC.......•.EEEEEEEEEEE■■■E ry . . r?;ti ■■■■e■■■■Ee■■■E■■E■■■■■■■■■MINE - - -- ■■■sNNNOOONOOOOOMOO■ONO■■■■e■ Rooms Ist Floor Rooms 2nd Floor ■®e■e■■MNMe■s■MIN■■■■INN■■E■■■■ : .. ■■NNNN■ONO■O■OO■OO■OOe■e=■■e■ • ®■■■■■■■■■■■■■■■■■■■■ ■ NOON - ' ■�■e■e■eeee■ee■es■■■s■■E■■■a■E - • ; ®®■eINeei■eie e■EEEviOiii■EEEEE A it •' • r. SOUTHOLD TOWN BOARD OF ZONING APPEALS ------------------------------------- In the Matter of the Application of TARTAN OIL CORP. ------------------------------------- MEMORANDUM IN SUPPORT OF APPEAL NUMBER 3636 FOR TARTAN OIL CORP. Introduction This memorandum is offered in support of Appeal number 3636 made by the Tartan Oil Corp. . The property which is the subject of this appeal is located at the intersection of the Main Road and Marratooka Lane in Mattituck. The property has the Suffolk County Tax Map designation District 1000, Section 115, Block 3 , Lot 9. The gasoline service station located at this site pre-dates the enactment of the Southold Town Zoning Code. The property is presently zoned General Business (B-1) . A building permit was requested to perform certain renovations to the interior of the building on the site in order to provide a convenience store in the station. This was to be accomplished by renovating the service bays in the garage. The building permit was denied on the basis that a gasoline station which includes a convenience store is considered to be a retail shopping center which must comply with Section 100-62 of the Southold Town Zoning Ordinance. Appeal number 3636 is a 1 request for an interpretation of the definition of "retail shopping center" and in the alternative, for permission to operate a convenience store as an accessory use to the gasoline service station. Definition of Retail Shopping Center Section 100-13 of the Southold Town Code sets forth definitions to be used in the zoning ordinance. This section does not provide a definition of a retail shopping center. Instead, Section 100-62 which sets forth the requirements of a retail shopping center, attempts to define a retail shopping center as follows: "A building or combination of buildings containing retail stores, mercantile establishments, offices, banks and financial institutions, commonly known as shopping centers" A reasonable interpretation of the phrase "commonly known as shopping centers" cannot conceivably include a gasoline station with a convenience store. No reasonable person would define such use as a shopping center. The A&P and King Kullen centers with their multiple independent uses are more accurately described as retail shopping centers. A single building with a principal and accessory use cannot be considered a retail shopping center. Certainly there is no clear cut definition in the Southold Town Zoning ordinance that compels an interpretation that a gasoline station with a convenience store constitutes a retail shopping center. A gasoline station with a convenience store is no more a 2 retail shopping center than a hardware store which sells televisions, washers and dryers or a marine store selling boats, trailers and, at the same time selling and servicing lawn mowers. It is therefore requested that the Zoning Board of Appeals establish an interpretation of a retail shopping center which does not include properties used in conjunction with an accessory use as in this case a gasoline station with convenience store. Operation of a Convenience store in Conjunction with a Gasoline station is an accessory use Section 100-70(C) of the Southold Town Code permits accessory uses as follows: "Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. " In appeal number 3618 in an application by Sukru Ilgin and Mine Peksin d/b/a Ocean Holding Corp. , the Zoning Board stated that it was "the consensus of the Board. . . to permit the establishment of a "convenience store" in the southerly half of the existing structure to be used accessory and incidental to the gasoline- service station use, and not as a separate principal business use. " (Emphasis added) The board also stated that "the existing vehicle lifts, vehicle-repair areas will be eliminated and replaced with this accessoryoconvenience store' use. " Thus in appeal number 3618, the Zoning Board determined that a convenience store in conjunction with a gasoline station is an 3 accessory and incidental use to the principal business. Having determined that the convenience store use is accessory, it was unnecessary for the board to have considered a request for a variance under the retail shopping center provisions requiring one acre lots. Requiring such a variance was inconsistent with the previous determination that the convenience store was an accessory use. Accessory uses by their definition do not constitute retail shopping centers consisting of multiple, independently operated retail stores. Furthermore, an accessory use need not be approved by the Zoning Board of Appeals or the Planning Board pursuant to Section 100-70(C) . Planning Board and/ or Zoning Board approval is required only for those uses established in 100-70(A) and (B) where such requirements are set forth. There is no such requirement set forth in sub-paragraph (C) for accessory uses. The operation of a small convenience store in combination with the sale of gasoline has become common place throughout the country over the last few years. At present, in excess of 700 of all sales of gasoline are conducted from self-service pumps and some 55 , 000 gasoline stations are being operated in conjunction with a convenience store. Furthermore, as referenced above, this board had previously approved the combined uses of a gasoline service station with a convenience store as an accessory use. Alternative Relief In the event that the Zoning Board of Appeals rejects the argument that the convenience store is a permitted accessory use 4 as set forth above, petitioner seeks a variance from Section 100- 62B requiring "retail shopping centers" to be on at least one acre in size. The subject property is approximately 36,000 square feet in size so that the variance requested in light of the requirement is minimal. In appeal number 3618 this board granted a similar variance to Ocean Holding Corp. for a parcel containing a total lot area of 11,984 square feet. If the variance as requested is allowed, there will be no increased population density produced on available governmental facilities, nor will a substantial change be produced in the character of the neighborhood. The property has been used as a gasoline-service station since prior to the enactment of zoning and has continued as such throughout. The small convenience store operating in conjunction with the service station requires, property of one acre in size even though the proposed use shall be accessory and incidental to the principal use. Sales records indicate that gasoline sales typically exceed convenience store sales on a ratio of 4:1 up to 10: 1. With the convenience store sales making up this small portion of total sales, the impact of a convenience store added to gasoline service is minimal. The uses proposed are consistent with and promote the general purposes of the zoning code and maps. The variance, if granted will not prevent the orderly and reasonable use of the district or adjacent use districts. The use for which the variance is requested is an accessory use and will remain incidental to the principal use as a gasoline 5 station. CONCLUSION It is respectfully requested that the Zoning Board of Appeals provide an interpretation of the zoning ordinance with respect to retail shopping centers in such a way that principal uses combined with an accessory use are not considered to be retail shopping centers. In the alternative, petitioner requests this board grant an area variance of the one acre lot requirement of Section 100-62B to permit the convenience store in conjunction with the existing gasoline-service station. DocId: 021888. 4 6 .., "`..mac .<�?.I .. . _ .... ., .. ._ _ . .. ��'�•..'�'..-w'r+VMr4�Iwr•►•WY'V'V.+'�....-.. _ _ _ .. _ _ .. ,. .. - _ NOTICE OF PETITION ,;. \ v WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLU NEW YORK` `' r.. •. SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAi SELF-SERVE GASOLINE STATION & CONVENIENCE' STORE, AS WE FEEL IT IS AN ASSET TO THE COMMUNITY . Name Address 5't��s4�.• IIi r ." V r 11 Jdvh 0. 5. Hrl 7 t p l�jG!�11f1Yn1 1 i ` t i kt , r C, r- r`t'a�'.x,a 9 f,h.ta ...,.!l: . ,:. ,. ,j:ti_ • •l, .._. .. « R 1'. ;`ra.',"kf}'N„'w'ra'Ym.w.. ._,,fL':ss. �_.., _ l. .. _, ...._r , TRANSCRIPT OF HEARING APRIL 14 , 1988 REGULAR MEETING SOUTHOLD TOWN BOARD OF APPEALS Appl . No . 3633 and 3636 Applicant : TARTAN OIL CORP. Location of Property : S/s Main Road , W/s Marratooka Lane and E/s of Sunset Avenue , Mattituck County Tax Map Parcel ID No . 1000- 115-3-9 Present were : Gerard P. Goehringer , Chairman ; Charles Grigonis , Jr . ; Serge Doyen , Jr . ; Robert J. Douglass and Joseph H. Sawicki , constituting all five members of the Board of Appeals . Also present were : Linda Kowalski and approximately 20 persons in the audience . (Mr. Lessard was absent. ) The Chairman reconvened the hearing at 9•;00 p .m. (This matter was previously heard on February 18 , 1988 . ) CHAIRMAN GOEHRINGER: This was a recessed appeal with no particular date and then the Board chose to put it back on the calendar for tonight. It ' s not necessary to read the legal notice. However, it is concerning a gas , I ' ll mention it for the record, station in Mat- tituck. More importantly I believe, the Mobil Station on the cornerof LMarra .tooka Lane and Main Road in Mattituck and we' ll start with Mr. Moore. MR. MOORE: Good evening. William Moore, the office is in Mattituck. As you said, we ' re here to discuss, the Tartan, Mattituck Mobil Sta- tion. I.'m here tonight for two reasons only. One is requesting the special exception permission set forth in 100-70B 4 and 5 which has to do with the self-service use of a gasoline station, the partial self service. I believe at the last hearing I went through each and every item set forth in five of that section or subsection explaining , that each of those requirements and criteria to permit a self-service station will in fact or are in fact , ready to be in place there. Those sections deal with having an attendant on duty, no lock on de- vices on the pumps and how those pumps have to work. Each of those criteria are or will be satisfied if you do grant the special excep- tion use. In considering their request for this gas station as a self-service, I ' d like you to remember that , of course, is an exist- ing gas station. When applicants typically come into the Zoning Board for a special exception use , we ' re often looking at vacant land _ and a special use that because the zoning code is written in such a way, we don ' t want to give that use as of right. And the code is for the whole variety of criteria considering whether or not this use which is permitted in that zone should be put in this particular lo- cation. We have an existing gas station there. So that a lot of those more generalized concerns that go along with a vacant land con- sideration of a self-service gas station going into a heretofore va- cant piece of property, don' t really apply tonight . We ' re there. We have an impact as we are and we exist and work. Going from a Page' 2 -Thursday , P" i1 14 , 1988 -Public Hearing =Tar i Oil Co. Southold Zoning. Board of Appeals MR. . MOORE . ( continued) : full-service station--to a' self-service- stat-ion, I submit to you, will have -no impact at all. as' we are already there in an operating fashion. - That 's the most important point I ' d like to make con- cerning the approval for the self-service use. We did get. a let- ter: or a letter put to the Board about some noise from the speakers there and they have .been ' turned down. So it ' s self-service be- cause.,it requires an intercom system between the inside and out --side. - Those are required and :does . have an impact there. _ We''-ve cut-the -volume back on- that; as,. an- attempt to resolve that problem. If. there_. are. any questions on -the self-service portion of the ap- plication. CHAIRMAN GOEHRINGER: Not :at this' 'time.:. MR. MOORE: . I 'd like to move on to the question of. the convenience store .which we discussed at length and I' submi.tted ,a memorandum -for your consideration as• well . . . ,And._pointed to -your specific de -cision. in the Ocean .Holding . Corp. case which is a Texaco _Station up. there in Mattituck where you expressly stated a .number of place-. ments or decision or that you acknowledge or recognize the con- venience store use as an accesso-ry. -use -customary and incidental to a gas, station. I would.- suggest. that the. same rationale ,in '.that decision applies here as .well . In fact, at the time, we. went ahead and did convenience store uses, I felt strongly. enough.. about that it was considered an accessory use that we were surprised to . get. a notice of disapproval calling this a retail shopping center. So our first request here was to suggest that, number -one; we are not a retail shopping center and I think that your prior decision and . the Texaco Station supports,- that- conclusion of mine. • And., that. even if yqu disagree with me, we.;then..seek the variance. Call:.:,us. a re-.._ tail shopping center. I disagree ..wi.th that characterization and grant us the variance because we are 36,000- square . foot parcel . ' The-,Texaco Station I believe,--.was• an ll .or .12,000 square foot par- cel . I do believe we are an accessory use and not_ a. retail shopping center and I believe the memorandum notice .I submitted- suggest some other examples of stores in Matt.ituck _ and the. Town of Southold. . But I do not believe this Board. would. consider a retail shopping center simply because there are two uses going on the property which at;.,fir,s,t glance, may or may not; be..related„ as . you consider,, them. _ ,.,And .I ,think the examples .were a- hardware store selling televisions and washers and .a Marine Supply store selling lawn mowers. And I .don ' t believe we consider those . retail .shopping centers.- either... To give an- indicat,i.on-.:that. .in:.. fact, : the-...con-v.en.ienc.e store i.s an;,acc.esso,ry use , ` I put together at .the last.- hearing, I believe I . quoted .them to you but I put them' in writing. The sales receipts, the gross sales -from this applicant ' s Mobil Station in Peconic. I have for you to- night, . these were for two days in February . and I ' ve listed the store sales and the gasoline sales so you can get an idea that we' re talk- ing a= ratio of .ten . to one. ,_ Ten._ in- gasoline . f.or every one_. in .. st'ore sales.- So we.' re not approaching a duel use or another principal use. ' Page' 3 - Thursday, An-il 14 , 1988 Public Hearing - Ta in Oil Corp. Southold Zoning Board of Appeals MR. MOORE (Continued) : The next comment I 'd like to say about an accessory use is the . definition in the code and that which is customary and incidental to the primary use. I ' ve mentioned the prior decision you' ve . made. I think it was an appropriate decision. I think the Board' s own experience has been that the gasoline station which had the service bays and the full-service of the automobile, is going away at least at this time in history. The gasoline industry seems to be changing over time. We had general stores with gas pumps out front and those went away. We had gasoline stations with full-ser- vice bays and a Texaco man came out and washed your windshield and checked the wipers and checked the oil and those seem to be going away. So the customary incidental is a changing definition. And if you go up and down Long Island, I think you' re finding gasoline stations widely giving up the service aspect of their jobs , pumping solely to gas. And in many cases, picking up the convenience stores as well and the mechanics are being done by other shops . So I sug- gest that you' re right in your prior decision. It is customary and incidental . I ' d' like to also submit to ,.you a petition of approxi- mately 390 names of people in support of this application. Typi- cally when you get up to speak for a variance, you are responding in many cases, neighbors or those who speak generally in opposition with the application. I 'm glad to submit 390 names of people who support both the self-service aspect and the . ..nvenience store. Finally, the February meeting , the Town Planner, Valerie Scopaze, submitted a memorandum which I have had the opportunity to read and consider and she makes many interesting points in the memoran- dum. I was interested that. in the application as it is submitted and the criteria that you must consider as a Zoning Board, none of her comments are particularly relevant. Many of her comments re- spond to the legislative act of zoning and whether certain uses are appropriate and designations and whether zoning in a particular area of town is appropriate. She questioned for example, the business zone and where it ' s located. That ' s not a discussion that ' s appro- priate for this Board. That ' s where it is. It ' s on the map. We' ve got it and that ' s the zoning of that property: The proposed Master Plan, we don ' t have to discuss it. It ' s not in effect . I ' ll said it on the side, it retains the business zone on this property but it has no relevance. You, yourself, decided in th Ocean Holding decision that a convenience store is incidental , customarily acces- sory use to a gasoline station. I agree with you totally. She raises the question of floral shop or video store. You pick any type of store you like and I can take the position and say no. Those are not customary and incidental . The trends have not come to suggest that video stores or floral shops are at this stage in- cidental and customary to gasoline stations . - So I think that ' s a red herring to suggest that they all fall in the same category. I think you were right in deciding that the convenience store is cus- tomary and incidental accessory use and I suggest that the decision tonight as you consider it to be the same. Page ' 4- - Thursday, "-ri1 14 , 1988 Public Hearing Ta in Oil , .Corp. Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: The only question I have Mr. Moore is, I .. think you had given us some testimony at the last hearing con- . cerning .the diesel fuel pump in' referenc-e to requesting that that .be self-service also. MR. MOORE: That was a request I made. Yes . CHAIRMAN GOEHRINGER: My only question to you is ; and of course we had.. been in ndated with hearings in the last couple .months , but I don' t know if we talked about the Mobil one and I didn ' t reread the transcript of -this hearing - prior � to asking this question. I don' t know if we' were talking.:about the Peconic one or if' we were talking about the one that we presently have before us . But my question was; and .I believe : it was the -Peconic- one, -.that you told me that you - required--a roof over; for the purpose of suppression systems . For the purposes of putting out a fire if it was to occur concerning this self-service aspect of this. I did go down .to the Mattituck site and I did notice that the suppression system for the diesel pump is not . supported by-. a roof. That it -is. in .effect ;- placed behind the pump in whatever . manner or farm it is placed. . So there- fore, really a roof is not required for a suppression. .system. Is that correct?. MR. MOORE: . I '.m not sure. And if I .did so state that . it is required, I certainly did not intend to make that statement. And I think the bnly .discussion we had with respect to the self-serve that, I- took ception to the denial of self-serve at- the station at Peconic for in- terpretative definition of petroleum products in gasoline. And that was all . One of the justifications I gave for allowing this Board to-.grant diesel/kero- self-serve here,-. was that in-_fact , .- the distinc- tion -between Peconic and Mattituck was that at Mattituck they had in- stalled pursu ant to the fire code which apparently -. changes -when -site plan review and those things going on.,-at Peconic and now, .I think .Mr. Lessard can verify that , at Mattituck there is suppression. There was -no: discussion by me -nor intent to be a discussion of the roof -- and- the need to have a roof . to support .a. suppression system. It was solely a -question of one of the interpretations in which it was sug- gested in the decision in Peconic. That when .a code permitted par- tial self-serve gasoline stations, this Board found a distinction between gasoline and diesel/kero. I found that a distinction that I didn'.t .think appropriate. I- thought it was .reading too narrowly into _ the intent of the code . In my petition here at Mattituck, I suggest that perhaps in rethinking that , I don' t challenge Peconic. I don ' t ask you to throw that decision aside and change it. We live with it . But 'at Mattituck, .we have fire suppression, , that'.was'' one. . ­And `two , that diesel goes beyond the trucks-that includes ; the Rabbit Volkswagon and some of these other types of Mercedes .. And .then if you ask them to insist— upon full-serve , you don ' t give that particular car driver the benefit of a reduced price which accompanies the self-serve. And by the way, the other point which I wish to mention is that the self-service picks up- at -Peconic at least 90% of the gas sales. Every- one wants the nickel or the dime off that they get by pumping it themselves versus having an attendant come out. That seems to be a Page 5 - Thursday, la^ril 14 , 1988 Public Hearing - Ti an Oil Corp. Southold Zoning Board of Appeals MR. MOORE ( continued) : universal trend up and down. We' re all saving that nickel a gal- lon. We give up a lot of service that way as I suggested before. But that was a distinction I make between Mattituck and Peconic solely the definition given to partial self-service. I like the word gasoline station and then I gave you a second justification for granting self-service at Mattituck which is at Mattituck. We do have it in place. It ' s a suppression system. I have made no discussion or intend to make any discussion. If I did I 'd like to withdraw that because no discussion of a need or absence of a roof. CHAIRMAN GOEHRINGER: Ok. Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Comment on it. Yes, Mr. Cuddy. C • CUDDY: I live on Marratooka Lane about 800 feet south of this particular gas station. I- stand here alon, apparently but I don' t think I stand alone in my neighborhood, not from the voices of vari- ous neighbors. I have a lot - of concQrn with the application as it stands before this Board. Certainly, a very fine presentation was just made.. But I think one of the key words was an existing station. It ' s an existing station but it was not an existing sta- tion in the fashion that it now exists. I would ask the Board to consider what lawyers talk about as clean hands. I find it odd that there ' s an applicant before this Board that went in and ef- fectively asphalted over part of Southold. I 'm sort of annoyed that he would do it as he did. There are lights that are there that were never there and I ' ve lived in the neighborhood for more than 20 years. There' s a structure that was never there before. That was a community gas station. It was a small ,station.. It served the local populas. It ' s true. It was in the business dis- trict but it was not of the size, it was not of th dimension, it was not of the scope that it is now. I asks the Board to consider some site planning . There is no real buffer zone. There' s no landscaping . It ' s simply asphalted over the area and opened the 'store. The attorney for the applicant has indicated that this should be an accessory type of use and that you' ve done this be- fore. I think that you all know that there is no precedent binding on this Board in that respect. The .Court of Appeals in New York says that if you have a zoning application that stands on all fours each time before the Board. So you' re not bound by what ' s been done before. I have trouble to the store being an ac- cessory use to a gas station. I think that ' s expand it too far. Whether you agree or disagree, I don ' t know but I think that you should know that there are people in the community who have a prob- lem with an applicant coming here and doing what this applicant has done. I would ask the Board, most respectfully, to allow a gas station which of course, is permitted. But certainly, to do some- thing about the site plan. I think the lights should be limited. Page .6 — Thursday, April 14 , 1988 Public Hearing T� an Oil Corp. Southold Zoning Board of Appeals MR. CUDDY ( continued) : I. think there should be a restriction of noise. T hope there -is a restriction on .hours of operation. I 've lived there. I 'm con- cerned with this happening and I like the Board to really take a hard look at what they' re really asking. for. Thank you. CHAIRMAN GOEHRINGER: Thank you Mr. Cuddy. Is there anybody else who..,would like to -speak-in opposition of this? Mr. Moore. MR. MOORE: We do have a site plan before the Planning Board and I don ' t .know whether they' re waiting to see how this Board responds to the application before it where it ' s been before_ the Board since I believe the first part of January. of this -year. At least in -a variety .of forms. -The latest submission, I believe, was January of ' 88. CHAIRMAN GOEHRINGER: Not to tell tales out of school sir. Let me just. ask you this question'. We assume that , - or- I '_assume, that based upon what. . . I think what may happen is. you may have to put curb cuts in on this particular -site -and excavate some of this asphalt. Is ;that ,correct? MR. MOORE: That- may well be.. Not .wanting to tell tales out -of school , -.that ' s a topic for discussion that hasn ' t been discussed Yet . But I 'm not ruling that out at all . CHAIRMAN GOEHRINGER: Now, - as you know that the problem that I had at the last hearing was the roof which was never part of a -variance from this particular Board. _ .And - I don' t really want :to .go into that at this particular time. MR. MOORE: And.. rightlyiso because it ' s not before the Board . to- night . CHAIRMAN GOEHRINGER: Right. However, it may be back some time in the near future. - I have. . . - My problem basically is how these things materialize over night . And move from, I don' t want to paraphrase what Mr. Cuddy says , a country gas station to immediate modern struc- ture as it is now which I have no problem with by the way in reference to - the , way it was built .. The structure itself except for the roof or the portigo.- But I really wonder if. . . And as I said; I don ' t know how it got to this point but I really wonder how these things happen. I really do and Itjust really amazes me to see how fast that was done. MR_ MOORE: Well , speaking on a theoretical level for a moment , I think we ought to understand that the property owner has certain rights. That when looking -into - the code, one tries to read inter- pretation as best they can- for their client or as a property owner themself. That any restriction enforced by a code on the use of one ' s property is .always narrowly construed. That ' s to understand that a certain foundation is the person' s property rights. We then impose restrictions upon those rights. If you can find a way or think you have found a way in which to mitigate or make yourself, Page 7 — Thursday, . "-ril . 14 , 1988 Public Hearing - Ta 3n Oil Corp. Southold Zoning Board of Appeals MR. MOORE ( continued) : that the regulations inapplicable to you by building within an existing footprint for example. There ' s a lot of ways it hap- pens in many applications before this Board. When we convert summer time bungalows into full time year around residences and they become palaces on the water. That ' s a tremendous difference on a piece of property that happens before a Board by granting a difficult variance but we sit there and work very had to build an existing footprint and things like that. The same time of thing goes on in a commercial district or business district as well . You work very hard to find a way to work within the confines of the regulations that are appropriately imposed to see what you can do as far as you can go without having to come before various Boards . And obYiously, the code is written such that there are times when the case of a special exception for self-service gas- oline station your approval is required and we are here for that. Arguing over whether one is an accessory use or not and then being surprised to being called a retail shopping center. We have some unusual decisions at times that surprise property owners and per- haps Board members as well when one is told something that seems very very unusual and beyond belief. So we ' re speaking theoretical- ly now but I think the idea is to work as a property owner as far as -you can and seek to do what you can with your property. Not to harm neighbors or communities or otherwise. But certainly, you have every -right as a property owner to use your property up to the point to where somebody has got to approve what you' re doing . I think that ' s perfectly appropriate to try and do. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment, I ' ll make a motion closing the hearing, reserving decision until later. The motion was seconded , and unanimously carried . All in favor - AYE. Prepared by Nadia Moore (from tapes ) BY � Linda Kowalski as corrected jJ TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, FEBRUARY 18, 1988 ' Appl. No. : 3633 and 3636 Applicant(s) : TARTAN OIL CORP. Location of Property: S/s Main Road, W/s Marratooka Lane and E/s of Sunset Avenud, Mattituck. County Tax Map ID No. 1000-115-3-9 Board Members Present: Chairman Goehringer P-. Goehringer, Members: Grigonis, Douglass , Doyen and Sawicki . Absent: (None) Also Present: Victor Lessard (Building Dept . ) Linda Kowalski., Z .B.A. , Secretary and..,,approximately 45 persons in the audience. The Chairman opened the hearing3 at 8:10o 'clock p.m. and read the notice of hearingsand applicationsfor the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated 2/2/87 from Petroleum Associates. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties .in the area. Would you like to be heard sir? MR. MOORE: Where would you like to begin with respect to the self-service end of the application first , or? CHAIRMAN GOEHRINGER: We 'll go with the self-service first-- if that doesn ' t cause a problem. MR. MOORE: The partial self-service requirements are set forth in the code in Section 100-70 subparagraph number .5. And they set forth a series of requirements running A-G. Very quickly, the applicant will comply with each and every one of those re- quirements set forth in the code to get the permission for the self-service. An attendant will be on duty when this station is open. The attendant can supervise the shut off control. The control console inside shall provide a viehfor the attendant of the pumps outdoors. The pump can only operate when the nozzles are. removed from the pump itself. Automatic fire suppression sys- tem is in. The self-service is only available to those with a valid driver ' s license and there is to be no locking latches where he can keep the pumps open and the lock unfastened on those pumps which will be designated self-service. Each of those are requirements set forth in the zoning ordinance for a self-serve use. Self-services, as you 're probably well aware, has become ..Page 2 - February 1988 Public Hearing - 'tan Oil Corp. -Southold Town Z .B.A. MR. MOORE: (continued) the bulk of gas sales today. It's estimated that in excess of 70%of gas sales are done in a - self-service fashion. People prefer to save the nickel a gallon or dime a gallon. Their sales records indicate 950 of gas sales are in a self-ser- vice fashion. People of all ages, young and old ask how to use the thing and they go up there and do it. That's what they want to do. So their request for self-service and the partial self service request we have tonight is a reflection of the economic demands and the preferences of a motoring public that wants or prefers self-service over full-service if it saves them money. The conversion of the existing station which as a gas .station predates zoning. To include self-serve along with full-serve, it will not in anyway prevent the orderly and reasonable use of the adjacent properties - The companies that .put in these new high tech gas pumps, simply shift shifts and provide self-serve. So something going from a full-serve pump. to a self-serve pump really has no impact on the use of the- property persay. We had some complaints from the neighbors about the use of the property out there. There are some speakers out there and I got a copy of the letter in June. It was addressed to, the Zoning Board and the speakers were turned down. Lights in the backhav-e- been kept off. We're still working on site plan discussions with the Planning Board. I should point out that tonight, Linda Kowalski .was kind .enough to give me a copy - of _a_.memo received at. 7 :20 p.m. tonight from the Town Planner indicating her comments about the uses on the property. I 'd like to be able to respond to those at another time. Basically, the code sets forth the criteria to operate a self-service station and the applicant' will in fact do. SO. He has done so at his other station and would ask that you favorably grant the request of self-service use here on this piece of property. Any questions with respect to self-service before we go on? CHAIRMAN GOEHRINGER: I understand that the diesel and the kero- sene will be self-service also. MR. MOORE: That is a request. We disagree on the interpreta- tion of the ordinance with respect to the decision granted at the Peconic Mobile Station. I might come back and ask you to reconsider that in light of an overall definitinn of gasoline products. You recall obviously, that the definition precluded diesel and kero. I would point out that this station,. the Building Code now requires and there have been .installed, fire supression bf diesel and kero as well. If that 's a concern. CHAIRMAN GOEHRINGER: It is on this station? . MR. MOORE: There is fire suppression there. . . Page 3 - February '1.9 ; .1988 : , . . Public Hearing - -tan Oil Corp. :.Southold Town Z:B..A. CHAIRMAN GOEHRINGER: Where does it come out? . It's not overhead because they;',re. n-ow i n the canopy the-re . MR: MOORE:' -. There are.` apparPntly pipes. They do overhang. So there .is a _supress.ion system. there. . It's not just a fire extinguisher which is-.'also on the islands I would ask that. you reconsider that distinction made between diesel and . kero .As .non-gasoline. producta... Particularly- in ' light of the ,fact that the big. bulk of -the..diesel-.users.':.are_.-truck drivers and they .prefer to pump it themselves.`- The other side to that is the .owner' of the car ..that. takes diesel really shouldn't be penalized paying the full-service`: price if he ,can° go out-'there - and pump it himself. The 'fire supression there may alleviate. the .concern you had, on. that. I':ve. prepared -a memorandum for your. 'consideration that `I'' will' summarize,: "(I_will give you. all copies of it) with respect to the accessory use request for the convenience store and where that's gone and where it's going. I_ will do -that now. I,'would .Ask .that this• be made part of. the record.. . I promise,-,not. to read:--it. I well summarize:-- With respect to. the accessory use a little�, background'. ' A-building permit. was requested to::do renovations' at .,the location .and. to install_ a...canopy. CHAIRMAN GOEHRINGER: ., I'm- glad you brought that-_'up-. = MR. MOORE: , 'At the time the request was made, there was 'no 'indi- cation at all that the use, as a use, • would cause in any way a retail. shopping .center which was indicated in the -notice '-of dis approval which.-came after. the .discussions about --the- .building- per- mit .and the .applications:of:,_the-.town=-for_a..-building.-permit: .- In- other:`words, the building permit was--for the canopy:and-renova- tions..-and there was no-..:discussion ,-at that,-time;, that this- would be deemed. a. retail shopping .center and there-=was 'no indication that :in fact,- the .renovations.were going to be denied or the question of .the renovations were .going to be denied. Based upon . conservation.:with,:.the Building .Department . that - I'_d had, -..the' 'ap- pl:icant went ahead- and .ordered equipment and materials for that use because the use itself, was not in question. Now, the de- gree- of- the renovations was what may..or may not have required a building permit. - So apparantly, they got dissected and the Build- ing, Department. granted .a, building.-,permit -for--the:,canapy and -then realized that. the -convenience . store: in conjunction with the gas station .was ,under the . interpretations of .the past of the town or Building:-: Department, deemed a retail shopping center. - That was a,;,surprise.•.;to men:when-the notice. of t-disapproval '-did-.'come:-and`'the materials were already ordered and installed: 'If the- necessary permit for the renovations as renovations go was required or is required, it-would° be obtained in the Building Department. So in the failure or the absence of the building permit for renovations persay,.. will .be cured. _ . CHAIRMAN GOEHRINGER: The renovations of the retail store. Page 4 - February 3 , 1988 Public Hearing - �a tan Oil Corp. Southold Town Z .B.A. MR. MOORE: That ' s correct. The interior renovations that were done. to the extent that those renovations required a building permit but was done, that will be obtained and that will require some discussion with the fellows who came in and did the work and get the application from the Building Department. That will be taken care of. More importantly though, it becomes the use. And the reason the building permit was denied and the cited rea- son was that a convenience store operating or I should say a gas station operation in conjunction with a convenience store, con- stitutes a retail shopping center. I must submit to you that that is an incredible interpretation. I don ' t know whether the Board agrees . I find it hard. the memorandum addresses that . I would suggest , based upon a decision of this Board for an exactly similiar type of request by the Ocean -;- I;lgen, down the street . CHAIRMAN GOEHRINGER: The Texaco Station coming into town. " MR. MOORE: Yes . Right. In Mattitu�k. They came in requesting exactly the same type of a use on the grounds that it was a re- tail shopping center. And apparently when we were given the go ahead on the building permit for the canopy, that interpretation had been forgotten -about with the Building Department . It came in a notice of disapproval to me afterwards and that was quite a surprise . In any event, this Board in its decision, I think, properly recognized that a convenience store is accessory and is incidental to the gasoline station and that is exactly what is going on at this location. Now, as far as a use goes , the zoning ordinance states in 100-70 that accessory uses do not require the approval of either the Zoning Board of Appeals or . Planning Board. They ' re listed in separate paragraphs and are customary and incidental to. So there ' s no need for the use to be approved. Reading your decision on the Texaco station, recognizes this as an accessory use , is completely logical . It made unnecessary, I think, they requested a variance which is that 100-62 paragraph B; one acre requirement for retail shopping center. Once you have decided or agreed that the convenience store is accessory to and incidental to the gasoline station, you' re no longer talking about a retail shopping center which by the way, is not very well defined in the code . It certainly does not appear in Section 13 which is the definitional section in the ordinance It appears in 100-62 itself and the definition is cyclical . You ' re not supposed to use the word to defining in a defi ni ti on. because it doesn ' t help people later one. And what 100-62 says is that a retail shopping center is a building or combination of buildings containing retail stores , mercantile establishments offices , banks and financial in- stitutions commonly known as shopping centers . So there ' s the full circle. I do point out in that definition, each and every use or illustrated use is in the plural indicating multiple uses . Other towns define retail shopping centers. I would suggestthat a retail shopping center is not a principal_ use with an accessory use . It is two independent. _ uses . I think we all agree that the A&P Shopping Page 5 - February 181 1988 ,Public Hearing - tan Oil Corp. Southold Town MR. MOORE (continued) : Center in Mattituck and the King Kullen Shopping Center -'or I should say .retail .area' 'in Cutchogue which falls in the defini- tion of. the shopping center, retail shopping center­ indepen- dantly operated retail uses on a given site. - To suggest that ..a gasoline station with a -convenience store constitutes -a re- tail shopping center, ' I think it is .really pushing it well be- yond the reasonable interpretation. There are business in town where Hardware stores sell" televisions ;' dryers and washers. And typcal hardware stores, at least where I come from, didn ' t sell those types of items . And yet because you sell a variety of items , and provide a variety of services , :I don ' t think you would consider a hardware store a retail shopping center. We ' ve got boat marines placesthat because the father or mother cor- poration provides the sole product , i .e . boats and trailers and things of that nature, also manufactures lawn mowers. We ' ve got a business that - does lawn mower- repairs and services and -sells lawn mowers at ',the same ,time ; is engaged in -the sale of ,-marine items. I ..don ' t think we ' re considering those retail shopping centers- either. There '-s no place in the code that says a gas station in' conjunction with a convenience store constitutes -a retail shopping center. I think you were right in your Texaco decision. ' I don ' t think that couching it in terms -of a variance . thereafter , is necessary or required. I think you found it to be an- accessory use. I ,asked the Secretary of the Corporation so I - could truly establish this as an accessory use, give­me an idea `of what sales are . We '"re not' talking about�'-sales being 50 50 .or "even the case of sales exceeding the gasoline sales in - the convenience :store _Gasoline' :sales are 10 to 1 over 'the,"convenience store. I think that and economis there establishes -it as an -ac= cessory use. Now, I ' haver-as I Mentioned' before, been handed a paper with comments from -the Planning Board 'e-xpressly relating to this accessory use question and the interpretation that you ' re asked to get at tonight . I would like the opportunity to res- pond in writing to those comments because they are widespread and ask that we continue, the hearing . I apologize for letting . it go on like this . CHAIRMAN .GOEHRINGER: -I am .going to. And I really don' t like to do this but I 'm going to drop a bomb. And I have not -discussed this with any of the other Board members , �anythingat this particular time :. But I- in-tend -to', `-at, the `culminat ori� of this 'Hearing` t6hight , recess this hearing indefinitely and I ' ll tell you -the reason why. Let ' s continue with the hearing and see of there ' s any comments from the public or if you have anything else you ' d like to say and unless you want to know why I ,want to recess this indefinitely. MR. MOORE: Well , let me make one other comment which I did not make. And thatis that we have submitted to the- Planning Board a site plan to discuss with them just what site plan improvements are or not required on existing buildings and existing uses • Page 6 - February 1988 , Public Hearing - tan Oil Corp. Southold Town Z .B.H. MR. MOORE (continued) : and trying to distinguish very carefully the fact that this is an accessory use. It all gets very very intertwined when you realize that if it ' s an accessory use, you .don' t .need the per- mission of the Zoning Board or the Planning Board. Sp we are before the Planning Board. And the true place where the juris- diction of th Planning Board steps in (to be perfectly frank) is with respect to the self-service use. Expressly, they 're in the code and I fully agree in 100-70 subparagraph B. You go for partial self-service, -that ' s one of the listed use requiring special exception permission of the Zoning Board of Appeals and site plan permission from the Planning Board. I fully agree with respect to the self-service use. CHAIRMAN GOEHRINGER: Let ' s see how the hearing goes. Anybody like to speak in favor of this application? Anybody like to speak against the application? This becomes very difficult for me to say this but. . . In some cases we ' ve gone too far with some applications. And in this particular application, the minute I saw the porti o over this gas station constructed , I should have (as a citizen) gone to the Building Department and asked them to pull the permit . The portico is within two feet of the front property line. No application, to my knowledge, has ever been brought be- fore this Board concerning that portico. And of course, it ' s tied into the site plan approval that you refer to. And I will , at this particular time, offer a motion to the Board basically recessing this particular application indefinitely until such time that an applications is brought before this board for the portico which I think is something that should not have been con- structed without Zoning Board approval in reference to setbacks . And whatever the Planning Board feels , we ' ll deal with them also in reference to it. We usually work very very nicely and we ' ll discuss it with them at that particular time. But I did address this issue to the Building Inspector several months ago and there were feelings and interpretations concerning that. but this is one application that I can not go any further with, personally myself , without addressing this portico as it exists because of it 's addition to the building and because of its magnitude in size and because of its proximity not only to the overhanging power lines and along State Road 25 , but also its proximity, al- though it ' s not on the ground, it ' s elevated above the ground, to the front property line. And I hope that you accept that in the manner in which I am saying it and I can not continue with this application until such time that situation exists. And it may require you to go to the Building Department and be denied for the portico but I will not be a part of any application until such time that particular area is addressed. I don ' t think it ' s ugly. I don ' t think it ' s awesome. I don ' t think it ' s anything . I just think that has to be addressed first . Page 7 - February 1.,, 1988. Public Hearing Tartan Oil Corp. Southold Town Z .B.A. . MR. MOORE: - I will-respond in writing I think CHAIRMAN GOEHRINGER: Ok. I motion. MEMBER SAWICKI : I ' ll second that motion . All in favor AYE. BYE. i1. .. _ _. _ .. - -r' .Itiv v �. :•$v'F- ®OL'-+�+' S v a .. .. _ _ .. i _.r �•K a 'a • . d r^! - t _ LwTICE OF PETITION WE 'THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, �IISUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL SEEP'--SERVE GASOLINE STATION & CONVENIENCE"STORE, --AS WE FEEL IT IS AN ASSET TO THE i III` �\ Name - Address USA cx .1 I1_ f �7 G-i d 44 Lit, �I � r -40?- i NOTICE OF PETITION I� WE THE UNDERSIGNED RESIDENTS. :OF THE TOWN OF SOUTHOLD, NEW YORK, � iu I! SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE' A PARTIAL ' SELF-SERVE GASOLINE STATION& CONVENIENCE- STORE, AS WE -FEEL IT IS AN ( ASSET TO THE COMMUNITY'."-' ' i I Name Address jl j li c o 04 Lt -Vo I i i i �i II I i i i i _ C �1b LAID Ilend FLA�� I — I i I i � j J ' j �l� •r i ; it NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, i SUPPORT THE APPLICATION .07 TARTAN OIL CORPORATION TO OPERATE A PARTIAL I, SELF-SERVE GASOLINE STATION &CONVENIENCE STORE, AS WE FEEL IT IS AN Ii ASSET TO THE COMMUNITY f � Name Address kAjZ �I ZZ&Vi-41'14,01" 6,1�144 OR 42 9<Z �l4m� AI 7uvi�� is I', 4 C i✓ /jas � /i,7J !i e i 1 i P i 2L- I, lk c� i iI . .. .. _ _ _4.i± .. _,. .. . •- - - - - _. .,..✓r rawWftdtiw`lw•►•�^...;v'.r..v.rrvt.`w..✓d.- .,,_ _ .. _ _ . - . ._.,_.. .. (li j NOTICE OF PETITION a II WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, SUPPORT THE APPLICATION • OF TARTAN OIL CORPORATION R ORATION TO OPERATE A PARTIAL ,ITSELF-SERVE GASOLINE' STATION & 'CONVENIENCE` STORE, AS WE -FEEL IT IS AN I ASSET TO THE 'COMMUNITY ,I �!I Name Address lip 1. I�lxc+� I i l �,� e cep•-� 6- YA, 1-7�.f 5 :9Al� i i i l - - it 4; l i Ur I . .. _ .. .I1 _ _ • ... _ ,. ..,...V vdwiyi/ 'ylf�`MN"O"'y"u'a'J`v'.,'✓'v-v�...+'a v V a III • a ..... .. .. _ _ . .. .. .. ...._, i NOTICE OF PETITION �I j WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL !i . jjSELF-SERVL GASOLINE STATION "&"CONVENIENCE"STORE,`AS WE FEEL IT IS AN ! ASSET TO THE COMMUNITY;. __._,___.<._..._...,,_..;._.. __:.._...:........ ---..,__... it Name Address .� G2oxa i IQNT i - Leis — 1) S ! i ! / z�y 6z r Lo9-- i, Jj'i ' i NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL Ii � SELF—SERVE GASOLINE STATION~& 'CONVENIENCE 'STORE, -AS WE FEEL IT IS AN ASSET TO THE 1 COMMUNITY __.....__....... �I Name Address II � A"/V .6 Alle- 4 e.colf G tDq. I r 4 l i . Ili f �I k Ah t WV li 1� I _ .`_ _. � .. .. _ ... .. ._ .....:J "�rwt'ti'hi`irWl=ii...lww'e•v-*r•vv✓.�....r.,_.....:. -�W. �i NOTICE OF PETITION I WE THE UNDERSIGNED RESIDENTS OF THE I TOWN OF 50UTHOLD, NEW YORK, �I SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL SELF-SERVE GASOLINE STATION & CONVENIENCE-STORE, AS WE FEEL IT IS AN I' ASSET TO THE COMMUNITY. ; -­._..._......... .... _._. _.. . I � � i !) Name Address 2LNow-d LA. �� rL . �.. j' Fz I jil,a,� Gc, I . VlACljjtL(2j I� � � va . - L .. ....'J "J''WICW%`��',W6'i•v^b•:' •J'd V"..w-�•.:w v..•. _ _ Il NOTICE OF PETITION !� WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, II SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL I' SELF-SERVE GASOLINE STATION -& CONVENIENCE STORE, AS WE -FEEL IT IS AN I! ASSET TO THE"COMMUNITY I, i Name Address /V la_m�41 h)-ZA I ^ � 0(j, ljjj Njl\j it l WEFITL t LTI i ac m • / D i I � i i • �� �� 1/Jn/ I '(/9,A /2,,� ! &A_ M- da Aj L464 ffltvl� izell c 9- U 44)0�4u ' o �i .Y .. I. . ., _ .. .. _ ......1.m m .. .i.4m�h-.... .,.:k r.: �^y✓'�v-v i .. M �. - .,.. ... .. ..we . . .. , F NOTICE OF PETITION �I WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, II SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL �I SELF-SERVE GASOLINE STATION & CONVENIENCE :;STORE, AS WE -FEEL IT IS AN ASSET TO' THE COMMUNITY.- ,- Name Address !I H l d L A�j;Q-� ct — NL N A IOU Jon :lu 101? ell it t (1, i C ad __ i ,J ' `I 1 w M• •i('ii J v.i`W" '"i v:V a. v wr ., — - _ .• v .. .. .. .. 1 I! NOTICE OF PETITION it I WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD; NEW YORK, 'jSUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL SELF-SERVE GASOLINE STATION,& CONVENIENCE STORE, AS WE FEEL IT IS AN ASSET TO THE COMMUNITY.. , li I Name Address II; cz HAr"J I' II J i Al S2�27��r ZQZ tA M 0�1 z zz�60r/) oaAS 0 AA V Ll II o' j , .. .. �'� _ _ .. .. ,.. _ .. -. « .. .+ u,^VNirB''lf!'°�dt°"$',py'�,ygrtl;xy,,.�,. .��.w.°..rv�.-�"•..i.' .•. ... NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, ii SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL i SELF-SERVE GASOLINE� STATION & CONVENIENCE STORE -'AS WE FEEL IT I � . ..�. S AN ASSET TO THE COMMUNITY ail . Name Address.. "42"�, 0 194 1 ! 4&nl�J� Yr 'CL��V A ea-7� i i ,v•1V Z2 W///9f . I .. .. .. . _ ,. i.i�• .. _ .. ._ .. _ . . ,. .. .,,. . .=a^•ar'd�m'vr-3VWYc�'!wa'wr^aw'�'✓•, ,.rv�... .. ,.., e __ _ I NOTICE OF PETITION I' WE THE UNDERSIGNED RESIDENTS OF THE TOWN QF SOUTHOLD, NEW YORK, �i SUPPORT THE APPLICATION ,OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL I�ISELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN ASSET TO' THE COMMUNITY I I Z Name Address \ I X� T/ 4A d 6Af ,Ir - IM �i l -7i oe )-kv I Vic. i ii C � ' ... .. .. .,- .. .. i,l� .. - f •.r... .. .. " ..,..,., :"der't4^''bw✓''i�h= "'m•-L"i!'Wa7 Ws'v'..°,i,J-..-..-�..J-.,v w.. _ NOTICE OF PETITION i WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL !j SELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN i ASSET TO THE �COMMUNITY. I` III Y ail Name Address I� --------------- 24 ICI G i r I•, �J �I i r oy-_uk lo ; 1 1 �I I' I� MEMORANDUM TO : Zoning Board of Appeals FROM: Valerie •Scopaz, Town Planner �S RE: Appeals for Tartan Oil , Mar.ratooka Lane, . Mattituck DATE: . February 18, 1988. With regard to the above-named appeals, I would like to make a few observations. First, the landowner currently enjoys a- substantial bene- fit from being the only business-zoned property in the immediate neighborhood. The proposed Master Plan zoning respects this business zone , even though the preservation of this .business zone outside of the hamlet business district essentially contradicts one of the aims of the Master Plan, which is to prevent strip devel- opment on State Route 25 . Second, the proposed intensification of use by the addition of an accessory retail use which bears no .clear relationship to the gas station use raises other questions :. For example, should a Special Exception use 'such as a gas station -be allowed to have non-automotive retail accessory uses? Should the Town encourage the mixing of these. two somewhat dis- parate uses on one site? One of the major reasons why many zoning codes have placed such specific restrictions on gasoline stations is the potentially hazardous nature of the use-. If the proposed accessory use is allowed, where does one dwaw the line with regard to the nature of permitted retail uses? For instance, would a florist shop be an acceptable retail use? Or perhaps a fast food take-out shop,? Will allowing. the proposed retail use open the door to .expanding that retail use beyond that specific use that is being requested tonight? If the newspaper= fast food-cigarette business doesn ' t do well, but the video ren- tal business does , how does one control the change from this type of retail to the other? Finally, it may be useful to reverse the question. If a retail shopping center, whether large or small , asked .for per- mission to open a gas station as an accessory• use, would you consider the request for the second use-.as a strictly accessory use? Lack of time prohibits .a' more detailed analysis . If the Board so wishes , -however, I am willing -to address these questions in greater depth. 0 February 18, 1988 Southold Town Board of Appeals Main Road Southold, NY 11971 Dear Members, We are writing in regards to Tartan Oil Company ' s request for two approvals to operate the Mobil Gas Convenient Station located in Mattituck. We would appreciate your time and consideration con— cerning the following comments we have concerning the station. The gas station ' s Convenient Market has been in oper— ation since the Summer of 1987. Without the proper approval this means that they have been operating illegally since then. The gas station has also allowed self serve usage which they have not been granted approval for. Some of the complaints we have are as follows; 1 . The extended hours of operation during the summer months . These long hours make it necessary for the bright lights to remain on and therefore make sleeping difficult. The employees of the gas station play loud music over the speakers late at night. If the station is granted approval to operate as self serve the speakers will be on during these hours . 2. The gas station area is a hang out for kids . We have seen beer being sold to minors and the cars come and leave the station at a high rate of speed. 3. The station is at an intersection and has no curbing on either its east or west side. People pulling in and leaving the station drive across these roads. 4. Our major complaint is that there is no shield of any kind between the station and our property. We have enclosed a copy of the. Southold Town Code stating that a substantial wall, fence or thick hedge, approved by the Planning Board be installed. We have enclosed photographs showing there is no such shield. We can see directly -2— through the trees, looking at old signs and debris . We have also enclosed photographs of beer cans thrown onthe side of the property. There was never this much debris before the Convenient Store opened. According to the site plan submitted they have not followdd it. In closing we would like to mention that we have pur— chased property elsewhere and plan on building a new house due to these problems. We have and people look at our house from the outside but do not wish to even see the in— side because of the Gas Station. We appreciate your time and consideration concerning this matter. Sincerely, Paulette & G gory Ofrias 225 Sunset Avenue Mattituck, IVY 11952 298-5345 q 7�.f{iu• 1i�`. OUTHOLD CODE " ' ZONING § 100-112 12 which they are accessory or.�'" {° therein are located "" N) No service of any kind shall be permitted to be ex- spacesst walking distance of such d tended to users of the lot, including automobile ser- •vice, repair or fueling, and no gasoline, oil, grease or ' .zing spaces shall conform .tou,,, _ e district in which parking s "'r ,`t other supplies shall be stored or sold in anysuch lot or io event shall such parking. ,r' in any garage on such lot. # dence district unless the use to :3) Parking areas shall be screened by a substantial wall, pry is permitted in such residenq� 1 fence or thick hedge,approved by the Planning Board. j by the Board of Appeals. Su � Generally, such screening shall not be less than three hie ownership as the use to which (3)feet nor more than eight(8)feet in height. `t f 11 be subject to deed restriction. "'`' �gulations for parking spaces adjacent to lots in any ding the owner and his heirs and" jeeidence district. p' :quired number of spaces availa(yj�' ' ,. xistence of such use to which 'il) Wherever a parking area of over five (5) spaces abuts }' ' 1 such spaces are provided el v or is within fifteen(15)feet of the side or rear lot line of a lot in any residence distric t, the said parking lot istrict boundaries. When a par shall be screened from such adjoining lot by a sub- one (1) district and partly in jl: stantial wall, fence or thick hedge, approved by the ulations for the district r "` s apply� M Planning Board. Generally, such screen shall be not r parking spaces shall PP y to all "j� ,t less than three (3) feet nor more than eight (8) feet in :s on such a lot may be located '' height. } lines, provided that no such �` )' 1 " ' '• }a) Whenever a parking area of over five (5) spaces is :aced in any residence district ry are accessory is permitted � � located across the street from other land in "any �proval of the Board of Appeals residence district,it shall be screened from the view of ppeals I .,. such land by a thick hedge, wall or fence, approved by , `'{ the Planning Board, located along a line drawn 4 kns in multiple-dwelling or a i,, g g ►ents. parallel to the street and a distance of twenty (20) feet ` therefrom, such screening to be interrupted only at ce is provided for the parkin 8 of �' points of ingress and egress. Generally, no such ;:les in the open, such spaces ' _' identified by means of pa. screening shall be less than three (3) feet nor more E than six(6)feet in height. The open area between such screening and the street shall be landscaped in har- p� �- ,ace shall be located in any front mony with the landscaping prevailing on neighboring J q # properties fronting on the same. street. Two (2) 1 feet of any lot line in aide or rear' ;j P P g of motor vehicles is prohibited)" ? identification and directional signs located on the r,r. street side of such screening shall be permitted; t of any wall or portion thereof of' P • however, they shall not exceed an area of three (3) r dwelling, which wall contains square feet each. �! ` ►throom or kitchen windows) with' Lhan eight (8)feet above the level' ',Driveways. No driveway shall provide access to a lot • k space. y, Wated in another district, which lot is used for any use mF prohibited in the district in which such driveway is located. 10046 �* 10047 "_ ��1 .-.;�:.�_ .:.-mac==��:.o��;y.. _..-. --��c:ua�'..•r;Y.L�. t � � . i ilk , •. 1 ' � p �r @ . � .�.i � � .�I'. ARM 01 m .ewa ROM 1; a��!� '4 \�. v n�, i V r 4_ }�� v.. -y- ��' ..� \\ � 1 ,T��,+'�,:a�.- I{� ,•¢� � �a� /; h.>�ii�;` " � IBM LOW d { tM 3 ' -C,Ilk; NO �,�` �'y � ! /�.:F t.,;�•. -��tl, - ' - :� ( �_ -+- -- -- ems-',` .� '• '��I Planning Board Page 9 7/27/87 Thorton Smith - The Board reviewed this sketch map for 35 lots on 81 acres including a parcel to be conveyed to John Simicich and parcel to be conveyed from Simicich to Smith, SCTM # 1000-121-1-1 , p/o 9 . Mr. Niel Smith, Mr. Charles Cuddy, esq. representing John and Catherine Simicich, Mr. and Mrs. John and Catherine Simicich, and Howard Young, surveyor were present. It was noted that Mr. Simicich had agreed that on the parcel he was to acquire from Mr. Smith that he would have only two residential structures. Mr. Orlowski went through the procedures with the applicants. He stated that since there were three applications made, one for Simicich and two for Smith (set-off and Major) , the Board would proceed with the set off for Smith, the minor subdivision for Simicih and then the major subdivision for Smith. It was agreed .that the covenants and restrictions onthe parcel to be acquired by Simicich would be submitted as part of the set off' for Smith since .this was the parcel affected. On a motion .-made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the sketch map for the major subdivision of Thorton Smith, for 35 lots .on 81 acres located at Sound Avenue, Mattituck SCTM # 1000-121-1-1 p!o 19 including parcel .to be conveyed to Simicich and parcel to be acquired from Simicich. Vote of the Board: Aye: Orlowski, Mullen, Latham, Ward, Edwards The Board questioned Executive Administrator, Victor Lessard, with regard to the Building permits stated to be issued on the property of the Adams lot line change proposal at Fishers Island, (see page 4 , ) . Mr. Lessard stated that he will research this matter and if building permits were issued, he will void them and send the Planning Board a copy. Mr. Edwards commended the Planning Board on their recent trip to Fishers Island and the help there were with regard to a proposal which needed to be reviewed since it was started without a site plan. �y The Board discussed with Executive Administrator, Victor I , Lessard, the construction of additions and renovations to a gas station at Mattituck which was being done without a site plan to the Board.- _ Mr. . Lessard stated that these additions were being made to conform to a State Code, however, he had advised the owners with regard to a site plan . and conforming with other requests and if something was not done he would close the operation down until there was compliance. _ Planning Board Page 10 7/27/87 ✓': There was also Board discussion with regard to the Mobil Gas Station recently constructed at Peconic on. Route 48. The Board .was concerned because there was no compliance with shielding the lights and they were selling food, beer, hoisery, and other items in the "'mini mart" which the Board had not approved as part of the site plan. The Chairman stated that any additions, even a canopy which would be constructed over the pumps should come before the Planning Board as a site plan. Mr. Lessard stated that this was a requirement of state law and it had to be- complied with. Ms. Scopaz stated that when people make applications to construct a canopy they should be informed that they will need. a site, plan before the Planning Board. Mr. Kenneth Edwards brought the Board up to date on the affordable housing project at Fishers Island. He stated that the Civic Association has purchased property and proceeding. The Chairman stated that the Planning Board will make every effort _to work with the Civic Association in their goal for affordable housing. Klos Site Plan - It was noted that the site plan is not in compliance with what was approved by the Board. The Building Department stated that there were no certificates of occupancy issued for this proposal and the Planning Board had not made an inspection to date. The Chairman abstained from any discussion with regard to this matter since he is related to the .applicants. The Chairman introduced discussion with regard to addressing the code provision for cul-de-sac length. He stated that it is presently required that the cul-de-sac not exceed 800 ' . Mr. Orlowski stated that something must be revised shortly since there are many lots in the Town which will have poor development layout if this is not revised. It was also discussed that the engineering firm, Sidney Bowne, and Son would be forwarding a recommendation for specifications on access roads within minor subdivisions. It was felt that the minor subdivsion roads should be similiar to major subdivision roads with underground utilities. The Board will proceed on this upon receipt of the memorandum ._form Sidney Bowne and Son. P D T LD O ® � S Y Southold, N.Y. 11971 -(516) 765-1938 M EMO R AND U M TO: Jerry Goehringer, ZBA Chairman FROM: Planning Board DATE: June 11, 1987 RE: Tartan Oil Co. located at Mattituck This is in response to your memorandum of May 28, 1987. Since the Planning Board does not have a site plan application before it at this time, we cannot give input, however, we do feel that some site plan approval is needed and we request that any approval by your Board be subject to site plan approval. rG� Southold Town Board ®f A eals 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. May 30 , 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI William D . Moore, 'Esq . Clause Commons , Suite 3 P . O. Box 23 Mattituck , NY 11952. Re : Applications No . 3636V and 3633SE - Tartan Oil Corp . Property Location : Corners of Main Road , Marratooka and Sunset Lanes , Mattituck Dear Bill : This letter will acknowledge receipt of the above applications , which are under review by the Board members , field inspections , etc . prior to scheduling these matters for public hearings . The Board has requested the following information : ( 1 ) Four prints showing all pole and building lights , canopy. lights , permanent egress/ingress areas _ [rear incl . ] . Please clarify the types of lighting used in these areas , which may all be sketched on .- the prepared site plans . (2 ) Sketch showing the previous location of the pumps and island [recently removed] . (3 ) Copies of permits authorizing recent renovation , construction , and occupancy for the convenience store and self-service- gasoline _operati_ ons . [If no permits are available , please explain . ] We have asked the Planning Board to consider jurisdiction in this matter . and you will be advised as to whether or not a formal request is necessary for a waiver from the site-plan review .requirement for this B-1 Business Zoning District [Art . VII. , Section .100-70] . * 1 A Page 2 - May 30 , 1987 Re : Appls ._ . No . 3636V and 3633SE Tartan Oil Corp . (Mattituck) To : William D. Moore , Esq . Upon receipt of all of the above , the Board will be in a position to calendar these matters for public hearings . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN lk _cc : Planning Board _Building Department { Southold Town Boar d of Appeals 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO : Southold Town Planning- Board and Town Planner FROM: Jerry Goehringer , ZBA Chairma z�a,-t-�_-_.:) DATE: May 28 , 1987 SUBJECT : Planning Board . Jurisdiction Matter of Tartan Oil Co . Location of Property : Corner of Marratooka Lane and Main Road , Mattituck Zoning District : B-1 We presently have two applications pending concerning the above premises which is located in the "B-l " General Business Zoning _District and more particularly shown on the attached survey. The applications involve both a Special Exception for partial self-.service of gasoline and a Variance for a Convenience Store in _conjunction with present gasoline services on less than one acre of .1and (Section 100-621 . Since it is our policy to coordinate reviews when an application falls under both our jurisdictions , we would like to request your position at this time . As you know , the building is exist= ing (except for recent renovations , canopy addition , new pumps , etc . ) , and a copy of the Certificate of Nonconforming Premises #Z.14455 dated May 30 , 1986 is .attached for your consideration . We are in a position to schedule this matter for a public hearing and ,will need your input at this time , prior to the publ i c heari ng ,_ i f you .feel PI anni'ng Board juri.sdi.ction i. s appropriate . It is our understanding that in the Matter .of . Sukru Ilgin , a resolution was adopted 'by the Planning Board waiving._jurisdiction for a si.milar (Va-riance )project.. Thank you for your review in this matter .. lk Fo'b� Yv } r i- Jq S A, � Southold Town Board of Appeals 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. May 30 , 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI William D . Moore, Esq . Clause Commons , Suite 3 P .O. Box 23 Mattituck , NY 11952. Re : Applications No . 3636V and 3633SE - Tartan Oil Corp . Property Location : Corners of Main Road , Marratooka and Sunset Lanes , Mattituck Dear Bill : This letter will acknowledge receipt of the above applications , which . are under review by the Board members , field inspections , etc . prior to scheduling these matters for public hearings . The Board has requested the following information : ( 1 ) Four prints showing all pole and building lights , canopy_ lights , .permanent egress/ingress areas _ [rear incl . ] . Please .clarify the types of lighting used in these areas , which may al.l be sketched on. .- the prepared site plans . (2 ) Sketch showing the previous location of the pumps and island [recently removed] . (3 ) Copies of permits authorizing recent renovation , construction , and occupancy for the convenience store and self-service- gasoline operations . [If no permits are available , pl.ease explain . ] We have asked the Planning Board to consider jurisdiction in this matter . and' vou will be advised as to whether or not a formal request is necessary for a waiver from the site-plan review requirement for this _B-1 Business Zoning District [Art . VIL , Section _100-70] . ,.R'age 2 - May 30 , 1987 Re: Appls ._ No . 3636V and 3633SE Tartan Oil Corp . (Mattituck) To : William D . Moore , Esq . ' Upon receipt of all of the above , the Board will be in a position to calendar these matters for public hearings . Yours very truly GERARD P . GOEHRINGER CHAIRMAN lk _cc : Planning Board _Building Department ! j-4 � L 11Z . 4d:t d f1 • j 1 /�/.BSa3�`�p`•vv, ,Zao.00 GuV+(peY. 1 t .d yNALfiHORIZED ALTERATION OR ADDITION , i �Lia VF-Y�5.0 TO THIS SURVEY IS A VIOLATION OF f SECTION 7209 OF THE NEW YORK STATE i �/.��.•✓''� 7^}l /��,� EDUCATION LAW. f 7 f / ,�M� ' V L�' � C�r11 ( - • COPIES CF TI:IS SURVEY MAP NOT BEARING THE LAND SUi;V"zYL:fi S J,.�:�D SEAL OR �,. EMBOSSED SEAL Sf:ALL N.^.T 8= CONSIDERED TO BE A VALID TP.U:CCPY. c / r,.. f •--yam^, jam'^!11 GUARANTE S iP!DICATCD Y.EfH !.f SHALL RUN ONLY TO Tr;--- r: W PCR VII:C THE SUaYEY IS FREPARED, A..D C?d HIS G.IALF TO THE SU,C-,=C l�CiGv� �1 TITLE CCMPANY, uCYcRi::.1fNTAl AGENCY AND } LENDING WSTNTUTJCN L:STED K.REON, AND TO THE ASSIGNEES CF TYE LENDING INSTI- TUTFON.GUARA14TE25 APE NOT TRANSFERABL! TO ADDITIONAL INS71TUTIONS OR SU85EEJUSNT OWNERS. t i .. i GucsPa r !�!d �D 7 irflC �L/c'f/�7/� C,�.• I n ....�.�. I��P r`.'�,�l�'.i 7G O 7�_,_,..._...�_._..��_...._r._.._.__,_._.,,,....� ,►rc��rn�cgr�'J._N, Y I_ �Jo Southold ' Town Board of Appeals ' .._: MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.,- N..Y-. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD February 18 , 1988 MEMBERS, GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S.E.Q.R.A. SERGE DOYEN, GL NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUASS - JOSEPH H. SAWICKI Notice of Determination .of Non-Significance APPEAL NO. : 3633-SE and 3636 PROJECT NAME: TARTAN 'OIL CORP. -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi-, cant adverse-effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: [' :] Type II [X ]. Unlisted [ ] DESCRIPTION OF ACTION: Ca) Establishment of' a partial self- service, gasoline station; (b) Permission 'to establish convenience store as an acce� orvy to the exis n s lin se vice st tion LOCATION OFROJECT: Town o Sgvuio�a, PCounrty of Suffolk, more particularly known as: S/s Main Rd. , W/s Marratooka Lane, E/s Sunset.Ave. , Mattituck, NY 115-3-9 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short. form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his -agent indicating that the project will-no't involve the disturbance of wet- land grasses or areas subject to flooding which may be considered wetlaFOR. FURTHER INFORMATION, PLEASE CONTACT: Linda K6walski, Secretary, Southold Town Board of. Appeals, Town Hall, Southold, NY 11971; tel-: 516- 765-1809 or 1802. Copies-%.of this notice sent ..to the applicant or his agent and posted on the Town Clerk Bulletin Board. me J NOTICE OF HEARING NOTICE IS HEREAV`,GIV 1 EN,pursuant to Section 26_ .`of COUNTY O F S U F FO L K the Town,Law and the Code.of ss: the, Town of Southold, the STATE OF NEW YO R K following hearings will be held i by the SOUTHOLD TOWN BOARD OF APPEALS at a To for permission to locate building Patricia Wood, being duly sworn, says that she is the So pursuant to DEC Permit No. Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, A] 10-86-0092 and Trustee's' Wetland Permit No. 373. Loca- a public newspaper printed at Southold, in Suffolk County; ing tion of Property: East Side of and that the notice of which the annexed is a printed copy, v Sc Narrow River Road,Orient,NY; I has been published in said Long Island Traveler-Watchman County Tax BA 000-27-2-5 Map Parcel No. . . . . . . . . . . . . • . . . . . . .. . . . . once each week for . weeks On '8:45 p.m. TARTAN. OIL 100 CORP.: toe (a) Appl. No. 3633- Special successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . ides Exception under Article VII, edg Section 100-70(B)of the Zoning fou, Code for approval of the, day of . . . . . . . . . ., 19 . . . . . tion establishment of a partial self- f J(Yoi I -- . - Cou service gasoline station; and 100( under Appl. No 3636-VI, Variance ar Section 7' 100-62(B), VII, Section 100-70(B)for an Interpretation W6 of"retail shopping center"and c 100 i for permission to establish con- Sworn to before me this . . . . .�. . . . . . . . . . . . . . day of venience store as an accessory to struc struc the existing gasoline-service station. . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . than Location of Property: South highs Side of Main Road, West Side canal of Marratooka Lane, and the 2980 East Side of Sunset Avenue, 980 Mattituck, NY, 1000-115-3-9. NY;-, Zone: "B-l" General Business. " " " " " " " " ' " " " 1000 8:50 p.m. Appl. No. 3703- Notary Public 7.41 JOHN AND EVELYN ROSE KEATING.Variance to the Zon- BARBARA FORBES Varian ing Ordinance,Article XI,Sec- Notary Fublie, State of New York dinanc tion 100-119.2 for permission to No. 48WINS 100-31 construct new dwelling and Qualified in Suffolk County proval garage with an insufficient set- Commission Expi OSAI�f='x 18 S T and wi back from top of bluff or bank in this along the Long Island Sound.' Locatii Location of Property: 19995 Side i Soundview Avenue, Southold, Southo NY County Tax Map Parcel No., Parcel 1000-51-04-006. taining 9:00 p.m. Appl. No. 3710- 7:50 THE COVE AT SOUTHOLD, JOSEF INC. (Continued from March Varianc 17, 1988). dinance, The Board of Appeals will 100-119. hear at said time and place all back frc representatives or persons desir- the Lonj ing to be heard in each of the III, Se above matters.Each hearing will Schedul not start before the time allot- frontyarc ted. Written comments may be [souther, submitted prior to the conclu- C.R.48, sion of the subject hearing.For struct ne more information, please call 765-1809. Dated: April 1, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-4/7/88(59) NOTICE IS HEREBY:GIVEN, - " "' Acuucuun 8:45 p•m .TARTAN'O f nonconforming sideyard at the ORP pursuant,to Section' 267 of the orth and south s'a-= - Town Law_and the-Code ofrahe.• insufficient (a) Appl No 3633 ' Specie otal :sideyaids, essive lot. _ Exception-under .Article VII, Town of.Southold, the following P. ge, and w 75 feet Section 100=70 hearings will`be f held bg_.-the, ullc)tead*ldn }li W, ter w �) of the Zoning eritrTHOi D TOWN BOARD OF g 11h, s . of Old Code for, approvaI:'of th`e APPEALS at a Regular Meeting at. QYe .[a/It/s Arsham°maque Pond] establishment of,a,partial self-' gut g- ation of Property: East Side of service gasoline station; and ORK ) the Southold Town Hall,.Main role 'Road,- Southold _NY (b) Appl. No. 3636.--'Variance ) SS: Road, Southold, New York, on umy Tax Map Parcel No 1000 under Articles..VI Section 100 THURSDAY APRIL 14 1988 at -2 3 ) 62(B), VII, Section 100 70(B)for FOLK the following times: •Interpretation of "retail 1:30 in. A 1. No .3719 8:30 p.m: Appl. No. 368`7 SOUTH O A SAVINGS BANK.. ERBS. (Recessed from shopping 'center" and •;for Variance to the Zoning'Ordinance; rch 17, 1988),,:Inte relation Permission Co e s tab 1 s.h Of Greenport, In if rP convenience store as%an>accessory g duly gworn, says that he/she is Article VI,•Section 100 60(C)[2](a) necessary, Variance under -to the existing:,,gasoline service. Jor permission to erect an,on--. cle XI, Section 100-119.2 of -station. Zoning Code, for. , THE SUFFOLK TIMES, a Weekly premises building identification permission Location of Pr e sign;the lower edge of which:will �cate building pursuant to DEC °P rtYt South. t[fished at Greenport, in the Town Side of Mam.Road, West-Side of ti be less than four.feet ab-.-above e it Permit and Trustees ,Marratooka Lane,and the�East Side Z`p nt of Suffolk and State of New ground Location of Pro err and permit #373. Location of of,Sunset Avenue,Maitituck NY;: y F., y rty: East Side'of Narrow r.1400 Railroad (Youngs) Avenue,• r RoadEast Side. ou '1000-115 3 9 Zone; "B 1�• a Notice of which the annexed is Southold, NY; County Tax Mag my Tax •..General Business. a Published in „ has been regularly Paicel Nds.::1000-60-2 10 4 (prev 203 - of the subject hearing; -For more 10.2 & 10.3) :. :. information, please call 765-1809. said Newspaper once each week for 1 AppL:No 3716 nance, Dated April 1 198.8. ROBERT E. WALDRON:-JR. .2 for Week successively, commencing on the ,Variance to-'the Zoning Ordinance, new BYORDER day Of�� April "'Aiticle XI; Section 100-119.2'for h a b•` : OF THESOUTROLDTOWN 1 _ F BOARD OF APPEALS permission to constmct deck ad op of EALS dition at rear of existing dwelling,,... Long::, ,:.t GERARD P. which is less than 75.feet from the, erty: t- GOEHRINGEPOWoA mean highwateu.,mark along, 'tie "„a .CHAIRMAN dredged canal at .James .Creek, Map Linda Kowalski, Mattuuck.''Location of Property: Board Secretary Principal Clerk 2980 Ole Jule .Lane; .Mattituck., 10 _ 5891-1TA7 7 NY; County Tax Map Parcel No 1oao-12z-a 17 88) Advertise in S`^�orn' f re m this '7:40'p.m Applc No 3575 ear dayOfC/C. ROSA 7 HODGSON: Variances to,C' The Suffolk Times/ — 19 iARY K.pEGNAN d:all the Zoning Ordinance; Article III, all N@W3-Review n f'JOIPIfV PUBLIC,State of New Yor Section 100-31,Bulk Schedule,for ve �i Suffr -olinty No.4 a9&6�0 oval of the-insufficient area Business D• � (/��Crm Expires Febroa� approval not. lI'eCtOry. / and width of parcel to be set-off in ed. / this pending division of land. be . , 477-00$1 Location of Property: North Side. on - 727-3000 of Pine Neck Road, Southold,NY; County Tax Map Parcel No. 1000- 70-6-33: Containing 7.152 acres " total.. - 7:50 p.m. Appl. No. 3707-- LQSEPH F:CITARDI: Variances to -the Zoning Ordinance, Articles: (a) XI, Section-100-119.2 as .to insufficient setback from bank or ._bluff along the Long Island Sound, and (b)III,Section 100-31. Bulk Schedule, as to insufficient �-- frontyard setback from the front [southerly] property line along,bo - :-C.R. 48. in this proposal to construct new single-family dwelling. Location of Property:'. 56225 C.R:'48;'Greenport;NY; -County Tax-Map Parcel No. 1000- 44-01-22. -8:05 p.m. 'Appl. No. 3709 - EDWARD A. HANUS.(Recessed from February 18, 1988 as agreed). Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article ill, ,Section 100-30B(15). Location of Property: 635 Lupton Point Road, Mattituck, N Y; County Tax Map Parcel No. 1000- 115-11-3. 8:15 p.m. Appl. No. 3715 Variance to See Legals,next page ® �F Town Board of Appeals Suthold® MAIN ROAD - STATE ROAD 25 S❑UTHOLD, L.I.. N.Y. 11971 , TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO. WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc. and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in t-he audience . Please be assured that your public. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call . our office , 765-1809 . Yours very trlfy�,,s� 'GERARD P . GOEHRINGER _ ff CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure SS: 'the Town Law and the Code of STATE OF NEW YO R K of'Southold, the, -following hearings will.,be held. Y'Ihe SC)L1 I bLI)""I OWIV. BOARD OF APPEALS .at a Patricia; Wood; being duly sworn, says that she is the Regular Meeting at the Southold Town 'Hall;''.Main' Road Editor, Of THE LONG ISLAND TRAVELER-WATCHMAN., Southold,NY onTHURSDAY, I . a public newspaper printed at Southold, in Suffolk County; FEBRUARY 18. 1988. at the following times: and that the notice of which the annexed is'a printed copy, , - ` '� '•`:�• r °•7:30 p.m: Appl.'No."3702 has been published in said .Long Island Traveler-Watchman OLGA CORDES...Variances to once each week-for . . . . . . the Zoning Ordinance, 'Article • • • • . weeks III, Section 100-34 Bulk . Schedule, for,'approval of'the successively, commencin on the proposed insufficient area and g width of two parcels in this pen J ding division of land located at d o ?`71?-y 19 . the south side of Sterling Road (Nassau Farms),: Cutchogue, (7) NY;.County Tax Map District • • . . . . . . . . 1000,Section 104 Block 4,Lots 17 and 18::,..;'_:;.. ,;:,<.,`:;;., ' r: .7:35 ,p.m. .Appl:',No. J709= EDWARD AND ORTRUiD HANDS. Special Exception to' Sworn to before me this . . . . . . ... . .�/, , . , . , , , , day of the Zoning-.Ordinance; 'to establish one'new Accessory- , Apartment in.the existing dwell-- 19 ing structure in accordance,with ('. / . . . the requirements of Article III,.: ' i title VII,Section 100-70(B),for.- Section 100-30(B), subsection .i an Interpretation of ``retail 15. Location of Property: 635 shopping center" and for per- _- Lupton's Point Road, Nlat mission'to establish convenience:: County Tax Map store as'an accessory to the ex- . . ..:"h .`. . . . . . . . . . . . . . . . . . . . tituck, NY; District 1000,Section 115,Block isting"gasoline-service station. Notary Public 11, Lot 3 ;! Location of Property: South y 7:40 .p m. Appl No. 3699- Side of Main Road, West Side . .EDWARD AND BARBARA :..of Maratooka Lane, and East BARBARA FORBES BETSCI+Variances to the Zon- . -�—.-- _Side.:of Sunset:.Avenue, .Mat- Notary Public, State of New York ing Ordinance,Article III;Sec- tituck, NY;. County Tax Map No. 4306846 tion 100-31, Bulk Schedule, for District 1000,Section 115,Block Qualified in Suffolk.County permission to construct addi- 39,Lot 9. Zone District•-"B-1" . Commission Expires e? 3i 19 F-P. tion(s)to dwelling with an insuf- General Business: ficient westerly sideyard setback 8:05.p.m.•Appl. No. 3701= and insufficient total sideyards. j CHARLES•ZAHRA.Applica- Location of Property: North i tion.un er Article XIV,Section Side of Rabbit Lane, 'East :.142�of ,the Zoning Code.for a Marion, NY; County Tax Map •Rd ersal of Determination of AD Parcel No. 1000-31-17-15: ' ( Building.- Inspector in hiss 7:45 p.m. Appl.:No. 3607- I Revocation of Building Permit JAMES O'NEILL " AND :. No: 15428Z issued October 27, PETER M c.SHERRY. 1986.Location of Property: 140 Variances to the Zoning Or- j Pike.'`Street, Mat tituck, NY; . dinance, Article.111, Section County Tax Map District 1000, zi00-31, Bulk Schedule, for ap u Section 141, Block 4,' Lot 5. proval of insufficient area,,h Zone District: "B-1" General.. Width and depth of two propos- ed parcels,each:witli an existing :The Board of Appeals will dwelling, located at the corner hear at said time,and place all' of the N/s Wiggins Street and persons or representatives desir- the W/s Eighth Street, Green- ing to be heard in each of the port, NY, Map of S. Buel Cor: above matters.Each hearing will win (1885) Lots 28"and 29; not start before the time allot- County Tax Map District 1000, ted. Written comments may be Section 48, Block 1, Lot 22. submitted prior to the conclu- . 7:55 p.in. TARTAN OIL sion of the subject hearing.For CORP.: more information; please call k (a) Appl. No. 3633- Special 765-1809. Exception under Article.Vll,. Dated:February 2, 1988 Section 100-70(B)ofthe Zoning. 'BY.ORDER OF-THE Code .for approval of the. '- -SOUTHOLD TOWN establishment of.a.partial self- BOARD OF APPEALS service gasoline station; and GERARD P. GOEHRINGER, (b)Appl.No.3636-.Variance ,• CHAIRMAN to. the Zoning Ordinance, Ar- _ {' -.Linda Kowalski; titles VI,Section 100-62(B),Ar- Board Secretary ` IT 2/11/88(5) Blur The Board of.AP s will h at' BETSCH. A ances.to the Zoning ..� Ordinance, Article III,Section•100 Csard time.and„place all persons or 31 Bulk Schedule,for permission to representatives desiring to be heard in construct addition(s)to dwelling with_ I each of the above matters.Each hear- an insufficient westerly sideyard set ding will not start before the time allot-- back and insufficient total sideyards. td&Written comments may be sub- Location of Property:North Side of iiiited prior.to the conclusion of the Rabbit Lane, East Marion, NY; subject hearing. For more informs County, Tax Map_Parcel NO. 1000= - {tiori,please call 765-1809.: 31-17-15. Dated-'February 2,:1988.. 7:45 p.m. Appl. No. 3607 = i; ', `BY ORDER JAMES O'NEILL and PETER „ OF THE SOUTHOLD �.- McSHERRY.Variances to the Zon ( .TOWN BOARD ing Ordinance, Article III, Section f- z OF APPEALS 100-31,Bulk Schedule;for approval GF.RA$D P.GOElB2INGER; of insufficient area;width and depth CHAIRMAN -- - — -- of two proposed parcels,each with an Linda Kowalski,Board Secretary 3 l ya existing dwelling,located at the cor t5825 1TF11 — - IU{ ner of the N/s Wiggins Street and the S 7 - W/s'Eighth Street, Greenport,'NY NOTICE OF RE4,t uvcia T:+7;Mapof&Buel Corwin(1885)Lots 28 NOTICE IS HEREBY GIVEN � :;and.29; 'County.Tax'Map District,"' pursuant to Section 267.of the Town 1000,Section 48,Block 1,Lot22. STATE OF NEW YORK y Law and the Code of the-Town of 7:55 p.m.TARTAN OIL CORP Southold;thef6Udiwing hearings will (a)Appl.No.3633—:Special SS: be held by the SOUTHOLD TOWN. Exception under Article.VIL Section COUNTY OF SUFFOLK ) BOARD OF APPEALS at a Regular 100-70(B) of-the Zoning Code-for, } Meeting at the Southold Town Hall, approval of the establishment of a par-` Main Road,Southold,New York,on tial self-service gasoline station,and _ on+n of Greenport, in THURSDAY,. FEBRUARY. 18, (b)Appl.No:3636—Variance 1 1988 at the following times: to the Zoning Ordinance,Articles VI..- said County, being duly sworn, says that he/she is 7:30 p.m. Appl. No. 3702 — Section 100.-62(B),Article VII,Sec-. OLGA CORDES. Variances to the tion 100-70(B),for an Interpretation Principal Clerk of THE SUFFOLK TIMES, a Weekly Zoning Ordinance, Article III, Sec- of "retail shopping center•' and for Newspaper, published at Greenport, in the Town tion 100-31,Bulk.Schedule,for ap- -permission to establish convenience proval of the proposed insufficient store-as an accessory to the existing Of Southold, County of Suffolk and State of New area and width of two parcels in this gasoline-service station. York, and that the Notice of which the annexed is pending division of land located at the Location of .Property: South south side of Sterling Road(Nassau Side of Main Road, West Sid,. of a printed copy, has been regularly published in Farms),Cutchogue,NY;County Tax Marratooka Lane,and East Side of said Newspaper once each Week for 1 Map District 1000, Section 104, Sunset Avenue, Mattituck, NY; 11 commencing on the Block 4,Lots 17 and 18. County Tax Map District 1000,Sec- weeks successively, 7.35 p.m. Appl.-No. 3709 — tion 115,Block 3,Lot 9.Zone District:. P h 1-1 t a ry 19$$_ EDWARD AND ORTRUD HA- "B-1"General Business.. day Of F NUS.Special Exception to the Zoning - 8:05 p.m. Appl. No. 3701 ._ — Ordinance,.to establish one new.Ac- CHARLES ZAHRA. Application - eessory'AparuttehT m:tfie'existing -under Article XIV,Sectiori 142 of the dwelling structure in accordance with Zoning Code for a Reversal of Deter- the requirements of Article III,Sec-. mination of Building Inspector in his tion 100-30(B),subsection 15.Loca- Revocation of Building Permit Principal Clerk tion of Property:635 Lupton's Point #15428Z issued October 27, 1986. Road, Mattituck, NY; County Tax Location of Property:140 Pike Street, Map District 1000, Section 115, Mattituck, NY; County Tax Map Sworn to e e rJle this—� Block 11,Lot 3. District 1000,Section 141,Block 4, � 3 J 7:40 p.m: Appl. No: 3699 Lot 5.Zone District: "B-1"General �� day Of — "lIARY K.DEGfaAll EDWARD AND. BARBARAI, Business. FnI NOTARY PUBLIC,State of New York No.4849860 ///U T rm t_xpires Fnbruai�­7 j JY y. �O 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 May 13, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3633 , application of Tartan Oil Corp. for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; and survey of property. Judith T.Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In.the Matter or the Petition of TARTAN Oil CORP. NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER a YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Interore,tati nn of rodia� ycaY'18nCC and Special PxGeptien 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Marratooka Lane and Main Rkoad Mattituck Suffolk Tax Map no. 1000-115-3-9 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 IKIOJXK Business (General) 4. That by such Petition, the undersigned will request the following relief: interpretatien efzoning ordinance; variance from lot size requirements and special excelption approval of partial self-service gasoline station 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VI/XII/VII Section s 100-62B; 1MO-122; 100-70B5 [ ] Section 280-A, New York Town Law for approval of access over rights)-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) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: 5 Petitioner Owners ' Names : 1/�N 01c GO&P Post �Office Address 7�?�TT Tr/c�c N y J 9 7 PROOF OF MAILING OF NOTICE- ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS A(?5g)+M C)QUE SOV-7,-f0(-7 , tqEw YO/'Z/(- 71(,K0rAq s)<o F0 30X 6,01 W o, Ln ul —Z< LL CC >u_ o c: Q) rn a) cu > z IE c: E c 1z o < o Sd LrI UJ g 1` ;.,7 Cc NZ \0 0o M (D mL4\ CL a) L u_ ru 0 o o' ti `8 M f U LL a)0 Tt o u 6 LLJmO <o 5561r, (u a).2 I o 6 'E u Cr c a. 0 c S ca o IE a. a) a 3 < E 0 cr o Cr ca C) 0 o PU'09V-9961.'OVE)'S"n 986t aunr 'oo8c ,,O-q Sd STATE OF NEW YORK ss.: COUNTY OF SUFFOLK) residing at LL_i(,V,tA 370 (ER-&Zy L_6 S'ou being duly sworn, deposes and says that on the /Z— day of MW 119 ?'7 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- at N C t,4' IZIC-- that said Notices were mailed ach of said persons by (��ifie �OregPpoil mail.' Sworn to before me this day of 10�al 1'9 L Notary Public PATRICIA C.MOORE :OTARY PULLIC,Slat.of Now York No. 4861668' Suffolk County Commission Expires June 16, 1983 (This side does not have to be completed on form transmitted to adjoining property owners . ) SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assured that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccr,.pleted Environmental Assessment Form is necessary* (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes No 2. Will there be a major change to any unique or unusual lard form found on the site? . . . • Yes No 3• Will project alter or have a large effect on an existing. body of water? Yes No cn 4. Will project have a potentially large impacts on i groundwater quality? • • • • • • • • • • • • Yes No In 59 Will project significantly effect drainage flow CL N N. on adjacent sites? • • • • • • • • • • • • Yes No Q ,L �! 6. Will project affect any threatened or endangered \ - -plant or animal species? • Yes ,/ No -r „ _ x n 7. Will project result in a major adverse effect on Sair quality? • . 0 0 0Yea No 8. Will project have a major effect, on visual char- acter of the community or scenic, views or vistas r o known to be important to the community? Yes No -- cn J9. Will project adversely impact any site or atruct- ure of historic, pro-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? • • • Yes No 10. Will project have a major effect on existing or future recreational opportunities? Yes No 11. Will project.result• in major traffic problems or cause a major effect to existing transportation .� systems? • • • • • • • • • • • • Yes No = 12. Will project regularly cause objectionable odors, a noise, glare, vibration, or electrical disturb- +i ance as a result of the project's operation? Yes No 13• Will project have any impact on public health or safety'' . . Yes IJo n c) U. Will project affect the existing community by directly causing a growth :n permanent popula-tion cf more than 5 percent over a cne•-year period or have a major negative effect on the character of the corununity or neighborhocd:' . Yes 1:0 15. Is there pu02AA��TITLE: project? Yes NO PREPARER'S SIGNATIME: /_ I:ATE: 9/l!]B -QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION 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 Yes No seaward of area under construction? 2 . Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes Town Code , Ch . 97 for your reference . ) 3 . Are there existing structures at or below ground level , Yes N such as patios , foundations , etc? 4 . Are there any existing or proposed fences , concrete barriers , decks , etc? Yeses 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes average ground level ? State total : _ ft . 6 . If project is proposed for principal building or structure , is total height at more than 35 feet above Yes co average ground level ? State total : ft . 7 . Are there other premises under your ownership abutting Yes this parcel ? If yes , please submit copy of deed . 8 . Are there any building permits pending on this parcel (or abutting land under your ownership , if any ) ? Yes No State Permit # and Nature : (/IL / 6 OC�wJ/7— e o c�WoPy- PXAI/r_w-- ,f AI 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 Yes Town Board Yes Town Trustees Yes County Health Department Yes Village of Greenport Yes N . Y . S . D . E . C . Yes Other Yes iVo 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes CO 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 or permit under Yes No the requirements of Ch . 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at thi s time ebnrL rfiS S DAI�I,egf l _0(Er60� Ew and proposed 54,vr I certify that the above statements are true and are being submitted for relian. e y t rd Appeals in considering my- application . MAL- Sig atur per y Authorized Agent ; W./L L 1 D. Ytf VO&I 3/87 1 k TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN BALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORAIING PREMISES THIS IS TO CERTIFY that the Land Pre C.O. #- Z14455 /_/ Building(s) Date- May 30 , 1986 / / Use(s) 90 Marratooka Lane located at _ 16890 Main Rd . Mattituck Street Hamlet sliown on County tax map as District 1000, Section 115 , Block 3 , Lot 9 doesinot)conform to the present Building Zone Code of the Town of Southold for the following reasons: On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /X/ Land /_/ Building(s) /r/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- 4 cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to , the Building-Inspector's Office, the occupancy and use for which this Certifi- cate .is issued is as follows: Property contains . a one-story wood.-framed building with gas pumps in front . Property is situated in the B-1 General Business Zone with access to Main Rd . ; a state maintained road and Marratooka Rd . ; a town highway . The Certificate is issued to TARTAN OIL CORP . (owner. of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS IIEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. _ Eiuildi-n Inspector --�