Loading...
HomeMy WebLinkAbout3636 .� Ed ±` 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. 3636 Application 'Dated May 19 , 1987 TO: William D. Moore , Esq . [Appellant (s) I 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 on May 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 ] Request for Special Exception under the Zoning Ordinance Article , Section [X ] Request for Variance to the Zoning Ordinance Article VI Section 100-62 (B) [ ] Request .f.or. : . . . . . .. . . . . . . Application . of TARTAN OIL CORP . for a Variance to the Zoning Ordinance , Articles ."VI , Section 100-62.(B) , Article VII , Section 100-70 (B ) , for an Interpretation of ."retail shopping center" and for .permission to establish convenience store as an accessory to the _existing gasoline-service station . Location of Property: South Side of Main Road , West Side of Marratooka Lane , and East Side of Sunset 'Avenue , Mattituck , NY ; County Tax Map District 1000 , Section 115 , .Block 3 , Lot 9. Zone District : "B-l " General Business .. . WHEREAS , public hearings were held in the Matter of the Application of TARTAN 'OIL CORP , under. Appl , No . 3636 on February 18 , .1988 , and April 14 , 1988; and .WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , written statements have been submitted for the record. in favor and in opposition of the pending application ; and WHEREAS , the Board h'as carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following finldings of fact : 1 . This is an application requesting : (a ) an Interpreta- tion of Article VI , Section 100-62 (B) referring to shopping centers ; and (b) as an alternative , a Variance to the Zoning Ordinance , Article XII , Section 100-122 , from the one-acre lot requirement for a retail shopping center. 2 . The property in question is located in the " B-l " General Business Zoning District and is identified on the Suffolk County Tax Maps as District 1000 , Section 115 , Block 3 , Lot 9 ; containing a total area of approximately 34 , 700 sq . ft . (CONTINUED ON PAGE TWO ) DATED: May 12 , -1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) S Page 2 - Appl.. No . 3636 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 Lan.e 185 . 95 feet ; and along the east side of Sunset Avenue 158 . 89 feet . The premises ' is surrounded by properties zoned "A" Residential and Agricultural . 4 . The following. information is furnished concerning .the premises , the existing building and structures , and previously existing const_ructi_on for the record : (a ) During 1956 ,. the premises was improved with an one-story frame building :set back 21 feet from the northerly front proper"ty line [along the Main Road] and 71± feet from ,the easterly _fr.ont 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 gasol.ine pump shown on this 1956 survey , it is the Board ' s ..understanding that that building was used as a gasoline sales office and minor vehi.cle 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 particu.lar'ly shown on the June 15 , 1970. Survey prepared by Va.nTuyl_ & 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 other 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 "B71 " Business Zone District] since April 1957 ; (c ) On or about' June 7 , 1965 , the Zoning Ordinance provisions for the "B-l " 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 period.s for the 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 building and site prior to 1970 ; (g) , During 1986 or -thereabout , the site and building were changed , and as of this date , site-plan app_roval has not been received from the Planning Board as well as other zoning criteria which have not been complied with, as follows : Page 3 - Appl . No. 36.36 Matter of TARTAN OIL CORP . Decision Rendered May 12 , 1988 1 . extensive blacktopping , eliminating natural wooded areas and other natural landscaping ; 2 . relocation of one gasoline island from the previous location to a point 10 feet from the northerly property line ; 3. creation of ,a second gasoline island approximately. l9 :feet north of .the bu.il_ding in the front .yard area; 4 . relocation 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 fr-ontyard area with an insufficient setback of two 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 . strucutural alterations of building , includi'n_g , but not limited to , removal of two 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 lines ; 8 . new placement of florescent (unshielded) wall: lights 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 lighting under the roofed colonnade 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 t_o have been, based on the June 8 , 1956 Survey of Otto W. VanTuyl & Son for the premises and building as existed prior to 1957 , but which does not apply since the building referred to has been removed from its original footprint , based upon information submitted . Page 4 - Appl . No .- 3636 Matter of TARTAN OIL CORP. Decision Rendered May 12 , 1988 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 appear 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 ) , such as setbacks , site-plan consideration and approval by the Planning Board , appropriate screeni.ng from the residential properties , appropriate traffic access and safety consideration , building and -sign permits , unobstructed corners at each intersection , curbing , shielded lighting ) . 7 . In researching Town records , it is noted that the only. building permit issued appears to be for the construction of- .the "cano.py" under Permit #15833Z issued April 1 , 1987 . 8 . Article VI , Section 100-62 of the Zoning Code reads as follows : 100-62. Retail Shopping Centers. Notwithstanding any, other provisions of this Article, a building or .a combination of buildings containing retail -stores, mercantile establishments, offices , banks and financial institutions, commonly known as shopping centers, may be erected or altered in the B Business District, subject, however, to the following requirements: A. Approval of site development plans by the Planning Board in accordance with Article XIII hereof. B. The lot area shall be not less than one (1 ) acre and the lot width shall be not less than one hundred fifty. (150) feet. C. At least twenty-five percent (25%) of the lot area shall be landscaped .with grass and plantings. D. The required front yards shall be not less than thirty-five (25) _feet, except that where the property is in the vicinity is partly built up with .permanent buildings and an average setback line has _been established, no building shall project beyond the line of the average setback so established. E. The required side yards shall be not less than twenty-five (25) feet. F. The required rear yard shall be not less than twenty-five (25) feet.- G. Parking shall be provided in off-street parking _areas which shall provide one (1 ) parking space; three hundred fifty (350) square feet in area, for each one hundred (100) square feet of sales floor area or office floor area in each buildings._ H. All rainfall and stormwater accummulated on the premises shall be returned to the ground within the boundaries of the premises. I. The total floor area for each retail or service establishment located therein shall not exceed ten thousand (10,000) sq. ft. Page 5 - Appl . No . 3636 Matter of TARTAN OIL CORP . Decision Rendered May 12 , 1988 9. It has been noted as part of the applicant ' s testimony that the subject variance should be granted based upon a prior Appeal rendered Apri 123 , 1987 under Appl . No . 3618 for premises now or formerly of Sukru Ilgin . Under consideration before the Board at that time was an area variance for approval of a convenience store for the sale of packaged and non-food 'items (without food preparation or on-premises food services ) , in conjunction with the existing gasoline station wi.th minimal floor area for retail sales . ( less than 700 sq . ft. ) .._. _In that application an interpretation was ' not _requested , and a conditional variance was granted for the small -scale retail sales area and further required that the use be related , ."accessory and incidental to the existing gasoline station use . " There is no interpretation of _record by this Board determining any retail use to be an accessory use to a gasoline -stat-ion . 1.0 .. It is the interpretation of this Board that the definition of a retail shopping. center is clearly deemed to be . "a building"_ or a combination of buildings" cbhtai'hing . retai'l stores ; mercantile establishments , offices ; banks and fi rianci al 'i'nsti tuti ons , and that a retail convenience store use , for the purposes of selling prepared foods , alcoholic beverages , prepack- ages foods , and many non-food items , is not necessary for the operation of a ga-soline-service station , and .therefore is not an accessory use incidental thereto . 11 . The application requests , as an alternative , a variance for the retail store , on less than the required 43 ,560 sq . ft . .of lot area . The lot in question contains.. a lot area of 34, 700 sq . _ ft. , and the amount of relief. requested. is approximately 8900 sq . ft . 12 . The amount of floor area for the retail sales convenience store has not been furnished . 13 . The site plan submitted has not been certified to comply with Subsections A, C , G , and H of Article VI , Section 100-62 noted above and appears deficient. No informati.on has been furnished as to compliance with Article XI , Sections C , D , K, loading and unload- ing . 14 . In considering . the variance requested , the Board finds : (a ) the variation is substantial in relation to the requirements , being 8900± sq . ft ..,. or 20% less than the requirement ; (b ) a substantial change will be produced in the character of the residentially-zoned ne.ighborhood ; (c ) a substantial detriment will be created to adjoining residential properties ; (d ) strict application of the ordinance will not prevent a reasonable. return upon the property for the Rage 6 - Appl . No . 3636 Matter of TARTAN OIL CORP . Decision Rendered May ,.12 , 1988 existing use or other use permita��d in this Zone District ; (e ) the project as submitted is not in compliance with all other zoning regulations of the Town of Southold ; (f) the variance , if allowed , may cause traffic hazards at both street intersections , and accordingly will be adverse to the health , safety , order , convenience and welfare of the town ; (g) in view of the manner in which the difficulty arose and in considering all the above factors ,, the ., interests of .justice will be served by denying the variance , as _applied , without prejudice . Accordingly , on motion by Mr. Goehringer , seconded by Mr . Doyen , it was RESOLVED , to DENY the Application under Appl . No. 3636, in the Matter of 'TARTAN 'OIL CORP . WITHOUT PREJUDICE , as applied . Vote of the Board : Ayes : Messrs . Goehringer , Gri §onis , Doyen and Douglass . (Member Sawicki was absent. ) This resolution wa..s duly adopted'.. 1 k . a.. G RARD ..P . .GOE R GER', Ce-IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE rsy I!OUR Town Clerk, Town of Southold ,.. �a .• .,; r F. �. v. r. , ,; Y' ,a� t,� ,. a Y, , R _ , Y `,i` _ a }.n '1� 9 h J' �^ �. :S` r - i i ,+J. i J a h• r d� , t• f, .. �• r' r ri "S •w' 'd." �� P a ♦ M , S' .4 s ! , r r , -"!w .. a _ _ L : i+. . � N r _ .. y. y i� .F, y. C�` � �, . •}' a-f 1. , %' , T4 fif i . i' 2', e'1, a• _ lr . µ a' - .�' i : ,! , K' Y. C a 'k ,q ., p . r 't e i i I _ . - s ,. t' S^' C .�' .. 4- j tea' - _ �$ _ _ +.� , i. n t e , >f•, y % . - F � L. .J. I , a - r'� Y`� , r ?b -r, M R'` S A air t• .. A"� _ r :7� , 4 5? �.' .r' . �• `Nr .. t w' - a. , , Cr i vi" `k f` Y ✓ /. _ , '�y f. '.i • _ d irls .f -. � 'ra' .. - .. .. `'� Ida o - �a' ,7 , f '�""N' .w.:.rr f�• . F �' :� x � �+ �,/ ..�� � 4 M • r r f _ r _ F ... .. r 'r t� �! �. F. Y'S 3 . i7' C, " i'` "} ." . !+. r t� tl - _ *AF , . . i , r �4 . ,. 't, A k '4' £ '..i' � _ P' _ f „� J.- A t , �4 -��Y 'r rF� �• f' t n �Iti i' %' N' r r'•? w gY .R f f J , .dL•x af'J t , �{ , �!' >< ,. a .. e } _ .. 'w...y,' t . , M1 .. , , . e •l• d .� r _ - r _ 7 0 . } � "i . -i .. .t _ �� _ '.k _ � .. _ . t r _ .t r ,"' ti , r1 . � , "L.. n , . .7� _ �, �� i •i �'" _ r r„�. , rf 'c C7 , _ '�u' 0 1 , +r "�. y` _ ., .. f k x i 8 ref 7► Aa• ��, c � , a 4r r�'. •F .'9 �3 't •Y� _ �''. ,r - _ r. i o N' r .. - � _ ` r F. e .. , _ _ r - � ." . e _ 4• , 1' - � , - �'k . 1 , '-t• .. � r �r� _ . . _ _ t . -, ''�. d _ �`'` Y, _ .. s `i - .. , �' 'I .. , x .4 t .. Y�' e w, 2' :t� .. .- -' -. - � .. Key_ - •. � S 4 � � _ n � � , '^.I x � !�0 I - � �� - 1 a , 1A �f p { - �T 1' r�� �' .. ♦ - � , 'h 4 i . . .. n •!D r �'�' a , x, Y a , 'l I.. , _ 'k � , . i� . . .. _ J . . 1 , :.f _ � P . .. _ r �a 5 , .. a � 9 .. < . _ i" - . J ',dr `� � n � - .. -�ti�r • { .. -� - i K. •i. .., w. - " � b .. A)tl to l� , f � <r r` , 'r` r� t } , ' ` .. .4' Y,� .� �" ♦' t , . .. f • - r r e n -i t& r - ., Mtn - + � . _ r - - 'i.. d �r t r P' a r , h' .. r 5:': . r±� . _ " i r, r i"' _ .� 1 ,� a' f �' . �Y�r , yt =f ,Y' 1 _ .. 4 r , e r ^ •i n'- � _ .. ti _ oy r , F _ .a - ,. - ti _ . �k r ��\' - n 4 '� r t .. g . r 'a AY e. ',• *. .. •i' n ., /# '�,,.'r, - r .... ,. 1 .. .i � .. ., p.,. � , • i , y ..... .., ., .. .,. .,. ,. - 1 .. 'I t, r� ,. _ ti: - .. "t •. _ :. :� .. r �r.: r t• �h. - 1 is .. _ # ,e . `�Sr •b ,!. , t .. YYr '!+ •. . f, a 1 , t� x F`. �• -a . h t `} . r ,/.2 .. w r » f .. , V Po� , ia E- ,n �' P r rr _ . ,. �' _ � .. , x.t r . n A .. A , - - ._ 't 's:� .. �,i E .. .. .w� '� 'C' `•� GAL , r-�,. 'V'.- t 4' t' F _ e . � _, ,d ... +r.4r v,J. .Yr'' C �i K,,., Y �+ ,. �• _ r .. a''A�• �•.e , x . • . . - ,+.Y,+,L - LL S•� �� .'�Y . , ��' _k b' - •'f c t�' J , "',a� _ 'i. i�.. . i r �,� .�r M°)K` y "r V.. ry Act k' "j, F 'I'. Y,. '6. .t.�n , •�r � M n t` !f' '�'�'� Yap �r �I «� _ 'i .Li; :.t �.� r. � r . d 'S` F "L'1' r)c iL'(c n,� �'', _ "ri ��• .bS.Y� t I N, i �.r�.,•. . 3 n�, �• )' '� r ?' r• r - .. - cY ��. 'w:y _ , , i _ Y, �if� , � !� JEI a � ;�.. , . - _ „ .rn.' 4 � e u �x �` '�iEkST"� �>�o 12 •D •'ri . �. a. �:x .Y 1� r. , '.r' .. � �- � , x f , - r , . ,. ' e' i' � �<" - 9 �' 'r. • < } , tN} 1 '{' a r� • 4 L,;' : .. I _ rC' "k - � �r Q t• YS � �_ .. {'� � .. •. v , M Y .Y ♦ . qq - t Y4 , i :tr'.' - , .� , ^ �.3 J .. - !. � � t 6 LL� .* ''M PO S ';.'�. ;, - , . �' •f m '}. Y f• - � . _ , n .. . . K , , .. � �� ' n ,a ;,� • ,. , . ". � .�t k �f L7G . '�LEVAT 1!7 a.y d �A�JoP - �.,,,• • . _ _ . • ii L r _ .. r , � , � � k � a •C . .. � Nt, �$;,:.:R"x l'.^ a `�`f''r •r, m*F'k rY F,. _ � i. - - _ - . �. 'E' +' .. - - ".,-14aY';"-;��'.Pd .r:4'r° e�ty !y.•, ,'1�} '�` r, •1 . . .. � �. tC �'`•r . , . '�� 4- PAST � , P .. .., •. , . - .. k , tl G, � , . .w. v+I.x-'„ � 99J38 , � _ � •7 toeY + _ �9 °J 4 'r. .� fi . .. t 'k , r + .4 . /r' Q # 6 , } , ♦ .. I - ,. t r -- 4 � _ _ r , 4 +� .•Y.. .. r _ .. ,. I - . .'6f~ Ax �' , . , •, r . ., l • •`- .- .0 ., . t r , � 1 , , w i ac , t, O A T ,,' ►� e s r . �� ¢.� , U _ �Ola e � `gib.. a , ;. , � � . . - -�. , �� ••bY 4 Y ''1' 1 _ .. , 'a .' • i � 'P' 4 J , . F 'r r , 0 'c� 'I 1 ,- .�° 4 � i• " 'If' . �' Y� � t f _ F ,� : k . .Y' ",f w . i" . �J. e , -. 4'• .q f , 6 •r• , `i , r f k- �! , QQ aA .�^' • G d:.r /e � � , J G" T'Nal' a' +tw rd i i• a4J� iQ �' �. A In �� ��� _ , •F . r r :a.: r y ., ..: ...,.�.�+-�.r..,...2.... , r ., .. .. ^ �'A .. A ., 'f'�' .. ��K, . . � u T " . 2 �•t �i*• :7; . Y it �^ r �+ • ri i✓ 1 i�iri� d J A t» L _ .G�t t:1C. r '•,� 2 }'. t. 'A r b �� 1 a.� V f �� 4 I _'� <' P O r F 1 M S , f - 0 t ., _ }- , v1 • �.v.�+. r M �,� ', �kii . r�. r �' _ ,e g 4 �^ �J' -a t L^ i »/ s s Yr ,; F r „ .� .. .. � , , . ,., � . . �. . . .,. , , .r '; .. . . , , �' , � " . . . . . . i _ 'L• _ . . L , ! , . _ .y�. �, v/ i - •`/ , 't. r a.F'� k' r i` A+, •+..K r . ., y „ - • n r a � �n r - f- '� i E w.' �• I /y ��, 1- .. r V F� � _ '.r .k ��../� f. � "T 4'�0 a , - . MA �-' �fxG. 1�,I F O f r ?' ^^ •^� i M{ r n. . , .{ Y • , r >' • �.. .. . , s' � r. - , � � P � , , r _ .. f" e° '-f n �`� , _ V W' .. .. .. ; vl � ._ CLM- , A e �,�r 1 'm �A _ �-,+t. �.. 4. t,a , �v T Jo .1 , C' t . , � Qr _ �(�, ( f' 'S t� y�� -�'i n t• f S . .. � � _ r t IF: I.. �i�®L9®Pm- 6- S YTt�, ... S•@� RCyOS Rf MR-- 1.+. jfj ,1 9- .. . . � a � i .. ., r.° .. - , r Y r e 3 . . .. t , -F �' , '� _. .t . .. ,n1• r _ 1 _ 'Y t F k y n .x C 'o' .r' 7 ., .. x• K !.,• _ �•Y t ., ..,r , , '•;` ;t, "n �'. ti . � , �S . �'-` �, F a! . �f-k , 7 , 'i !�" +� 4 4• r ., M \ e'^ 'J r • .. ., } _.f l ....._., r....,.._ .._... ,...,_ .. �. ..... , .. r .A ... .1 .a j.r. +.. ...... '.,y., , �f �.� ..,�':...:. .r .I• C" _ .. . T �. .. 9 5. $ � B� � � .� .�: � 1 7 k .. 9:� c j� .� � 'sift J ? , ,. Yf. , �, _ , . '�-' . . °J�• , x r r, 9 {'. f r r C'• �.tiN �` $'t r . lr .,,� a ,'r _ .♦ 'L .n `k.. .- .. . _ Y' YI' K 22,, � ,' f - f' 7' : 6' ., ro �n Ya r t - � , , +l a � ♦` ` 1 "' J 1 _ ] - .. r -t'' t s n t� • 'R ._dT �Y.,' A' c L� -o "� -o"� x i t-1 .. 2 >Y G T t� � *1'' ��. 'F� M F T t1t2,E' _ � O. '�i , w' D > _ u �. -r , l 7 E !> ,4- 1' +u r 'r: r. 'a'` `(' r "�- r' , �I s I •'r t 1 . .. ,, .. , ;. ' - E ., .,, " _, '� . a •, .` 4, �.. ,p ., ;' K `,. ., ,e s, ram. ., %. h .! •' n r• ., �� ., ,, r.- , YY •ry• 't - s S � .,(= 4 u �r" t"" 4 f iY✓ �w"n.�' � r �J ,.� K;, M L 5S�_ .. +�++� ! A k 1 C Z. r7ir. mIZ. wJ I�k'�tt R 1 {� E' ..,.: A ''2:- •�:�. r d• ,Y ., r . , . ..a f ' "� . , � , , , p . . �. >: S �J ..� (jr YMf. �'b- Y �, 4t� .. - Y K' -H 4?� PM' J.. • , ,'. , _ l� . .. 6 � Y �y .. � �rY i• i �� - . 0 .. * , `- , , _ y A. - �V - � � .. - � may. - . J�" � P I ]�� �• �, A 1. .. `� , •} - r r . 7 `� _ 4 V •o`}� s S` , �/ , , .. � ay. 1'. t N r P �,1 '7" r R.l� x 1r. .,�A' � .. ti' .,{,t � r P S`• . `�' � _ „ y nn.. ._ _ x4c• .. - _ .a.. `V - i� k _ a __ -_ w _� .. _ . .... aN .-- ......:. .!.�' .. , E v. �".. s .♦ ' , .' L. h . wl t. , a i �. r • ., .Ya � -K L'{ "� � , 1 1 , b' t , L4 , 'Y� , - „ P -7� , -k r '.+'�' e • °,S '� , a'.' , d �.a . .'6� C - 7 h M '� �f' s ...t^ t 7 t\ ` �' V/ _ A' i 2 4a „ `1 r _ y - .. a �'* 'f. �' 'zi r�, i Q 1 i , f r ��� �,l� .< f : .. pp , �I' N r'' `C � V' _ � d r _ 1 r _ �!' M R', - $ • . •!' ! k .\ .. � - ! . • e .. l. - _ 1 r • 'l G , �1 O t- x t L - T -e' , - •� r . i L �� a ,Y:� b .A P • . + S • f �Y t 4 k'� r � `i• •i . . t T` r v( �• t� i' .. '1 .. . �h _ r l ^•L" \�. d i 4 . r ti, I 1-I L A S i� V ;�.- � � s T c.es ",�- r � r . o . . d y �` . . �N 4� ). �* !'�- , �'S _ F N 'i (' V x V• _ L/.. ��� '� r 'Ce' x � . �� , `��, �� �-• !� ,fi .,� . t "^6.. �� w • �j ,t�jy .'f,- Y a / }.�A", H' '� r r{ • 't 'Ir' _ Vf r `� d-'�o I „Y.._' _ _ ."s b" N h e� ��, � � `. Y -y r Y 't ,. s: � ..r r nn . G ... ,f P ._ . r :a �" fe D A-G •� '� �... ... °l1 ��F. M` ,� f/ `f �,,, _. ,� . �r� „d �: Q i• �,�' xf • ,�" :�� .�, c� 9' '4r '{' ..' L s'� JNIL v �Y; . ♦f , "6 s ., �.µ4� r ,Y' .P••fre y��*.�. .• 45k+..Y•+.�+r �'Y•'. •'t t 'Y, f' _ f�. ,. _ J - 1., f _•� � � S - *� '� � �.; .�' � , �` � '.,i - - a j`t. .�. "�'� �� r •f .� ,` • �° �,;� d. .. .r d v- s 3 Y,Y r $• h . y�.r. 1 ^n''r '�, _ n6nF' .�y �Mt'�i�liA�. ��ass y�;y �f ♦k. - d .d .. "�. , ,.> �° 'ht _�« 'F +. k y, l 'f' '� v +'ir�' •x' � d° e. �}(y ! F ! � kl f �' 1 .. �`» "�,Y, ,�, r. a J Mi+' ! aY -, , ''R 'Y' y' '�' k r . , �' r i `�. '3 y Y! d �} •r -. v YL ��xj�� j °C udr. e6 7 e• e� 4• �L' b• .j� t �,. ., _ P' b }��� .. �sA ! �+` �1 �/ I) �`y Y�t ��� ��Aye( I . wI _ NY'x �-� - �� r�• y t. .�''' Y r� t {1 yj,� T f! S'x i 7� r " ...2 ... k +�'• 'meK•y,C' a �! k C Vill !t' .. 'a S, ,t r hJ. .- ^$' _ .. i� -N F - , r •K , •. . iM wirxr �x �' n x '�i '� _ } >.,M q .. Y�" .V '11' �5` s•N'• . i,5 . x tJ' � �4 � �' ( L, A .,�. iZG A i �.#� �' .! �' P �a �' � �° ,K`. � • z' t' � >• .� 4z � ti• ";r' ,r` �; . . 1. 'tP R� rp 'ri t . Y' S. .4' I ,T 4-"' K, Hr �L�k'+ 'T / •J' ' - - �F� s, .• p 1~ - �i , .2, i•• n '4' . eµ 6'' .by : ax Fir _ ,a a.• , w .S.'• v , r d'< .r 'v e•Y .ry�. F � ' ��� r EM � r Y v� �a�' Q.S n �> 'r tU , 7'n..; 'x�: � �/ E �Lf' !/� <' L "� rt <"r` �' � 1 ! ) / �{-a .'� { '�s�. .. '�" Lr .Y w. .. `r 3, J-`i, .We fi . L �" wa ^r uu >V .4v ��Y 7� �rit rp{. 'r_' Y �I .i b' N� k( 1�' i MC,.t, Mal' Y" ,J 5' t d �G/ y r N.. a J:t+ 7 ,M" al�i0 fK�, it c" V F.. �5` TS 5` . 4,1 A1C D '� `i 9 "� �,.,:. <+ M1, ,w 4 1�. , . l N� I�k� .. re 'J .n�+, r., .• I � p� ? 'p it %w . •Y ! t MS' T `` )N �`. :'M: F , W a r�• ;� `s _ ''"eC i � a 2r f ��:^ `A• F fl .S_,,. t �� ,« . it 1 .�e'; • #' t: ' ,'� e'' .<�.''' '°t' r. r k,' i r .r` y k �. �,e { �l t 3 �l � 1 ✓.d" "<� r , Y wv.".!. d4 it rl'... �. MT r� a:' ,� C' , '�=� '�r-, cS ~ r✓t d. �'�' `r , r !' .. r 4' b M• > - �« �,�, a z. !f , ..,a r��° �y i i ©. L:` ie n MV 'y �+ 1 � .Y� 'F:� a�µ V S .. el �4 .l.' �Y t M i . � �:i` , 2' C O , �� wJ i +7 4` d' , _ 'kx 4 ..� P ,, k . td ',.,,.. :Y�:.� ��,: % , JF 4 F 3 '��` C' JA ,� "�x 1 ���x ,�' r �- � �yF1 4 Ear .F __`` 1 "4 e �` P: V •Y,: v x.Y} 11{' _ • +e yy , 1� .x 1'Y� Y' A;:! q '"u .xis'.' O 'N; ;!�: �t t�CC' +tTi1R•� 'tJ +� : 't; 'F � , . cri > _'' ,.,. ,,' ` Mti. N `ti i2~ a. ;, rr � �� s i F3' ►� 8 �a W T HA , ,K r "� GfZ..a L �{ f � .0.• 'x v o E .� 'tr L � �3 fx, ',d• .�r 'w� �i s. '-.'�` , V{+ A. '`il. 'pal / J( {r��F � � n�. •!v Y e -V� e l,. J, ,i�' i rye. a4� �.�. .Kk L' - a , �'� _ . . ,•, .•� �'O , !. #.n. �� ��.. � ri -alb. '2� e. ,.,.�" K i.�. r5• `L� �• cs�s 5 "Y - ,•Sr •. y ( V kL ".Y4, P' .� Y r i. 7, ,+;' r ,t �a'•' a t'r S.' t 'a r -. ..' F i" Y{` , ,�y, £ t �,u,- a ..� ''�� ,L: - A - , ., Y� i '� � �'�'xY.Mw 5 A i "i' 'e� >„ `Y •rtirY^ q �" P 'Y� , �1G t ^j 4`,a.. , Ir! yY v>: � .s Y; . . C NT �k: 5�'�• • ., �_ `x' ,*. :�: �. , L '�, <: J �b» L. r ,Y. 1'• w . O �� u r, A� R- v n , , ,i. , F.. ,ft i- ;�,�..r /� , 'T:J .PJ °N• r 1 y +.e' t i �. 4f � , •9 }� ��"" d K •X Y bAF Vi - 4 11 '3 '�. +r^. r ru Al , . ., ,.� Y 'k' -x . . 'k"". t s.� r �. , ,r � n' w �gY yy Z .1.cr "..N�+ f. �. f, jj E'i? "� 1 T _ t ., -f. �4 _ •� st' , 7 `� x - � � c.. J •� '. ,? � �; Ga t.: G .�' �� 1 T � �� .f .,a G _ p r r� i✓� ,Y �'� �: T 4.1 EJ � . (� r//•y� o �,;� A ram,, Rr r �f� T � ,., � 1 c'` � ,. L 9 T•r "4 x ♦'A'. G�I�it d�: r ',;: ,:�' �. �� t�.. d y x n^' �t�' :'G+�ti i Y -� t 7►.:. . 'Y� �''''hY � ., - - +� � , '�Y,, li' ` y 9"mow J' y` kC V' f •S� Y h v � d' n. y � i . _ `i "4sY.r"A ,� ,4 Z w� ,urT ,fi _ _ .7.r, ! 5' �R K t �Yi I f y"" _ �.. "1* ry.ti le r. :�� w '�' a 4 > 4 i ••?'' r d � �. ,. .�: S Y' r' 5�'A'F •4�K`. y� Pl• �.j jr �7+'' �{ '�.� 'i '�•' �'r N �a I r a ^'4 :>o �,.° i •c' .h .� P• .�., _, .� � �. ! A� i � .�♦ a. . . r d �_ �„ :; v, , ." � •» 4 :.�,' •�:�� , -�.: '�` "':♦<��' `>` , _ .,' At��`wm �" ,w 'i• w-� t ,� . , �¢'',�' � `a^. "w '� K T�.Y' r" 'S 1 .1r - 2 `i° V t. f.. iir.�" i i" (' , �'l .a x �s 9" t �.. Y (1r 12. 't-' e ,�,r •.i `�w' `, •x,,,r 2 .- �.}r, p i fr 4 . .� '�� �� f �. , � '� • / �" r i tom.. '� xryj,' � -� �? T' v '1. > S� 1r' .k J �r .K `� +�. , 9 �w y 4.jaPP'M� 4 ,+� iyi +'� , >'°P` •:� G .:�� �. *' .�,�`r :,s 2 <m ,�. ,- , .. Y , k' .. s,; °�:: Y I K . #' ;4.s k•� �� I�rc •'1 �{ , S+r'r J •r('x xY' 44 _ !' .. 4 fY' v� I` r30' . � ' x} 6. 4+" Y. E '+if EF�^In RI t• 4M�Yr f-~ �� Y'•' �' .. x eY: / � „! 'i. ' i •� f,c M Y X '} J b'1 } , }k. 1� y�� 'f y,F� "'r'+ Y�Pti�• ,,! tt-- �1 '4i"� S �' a� •'1 kf , ��Y .J`^ +t V.i' d '� r ti,' Y' �' `.5�4 � 1 -�f mh � y.i•� M D Y 'Y !. 3r 1 p 1 ''"C^ `,' `a� Y -�ira' rr• � . f �,• 'w' �5 .'^Y:r {, �'SAi'r.' .. x° t 4�r } // �' s 3 .�'i tl A ♦ F t. M., � .i '�: r, i+ , C`" `s.. �; r.. .Y... '.i^: "ao: .FY .{ .,in, '4 _ z r. r .r �1 d' `, h x"� K' o-dE 'Aro ..�: t i. '� •p N !••k i 7° pz k a 'p. 'k� ;,,: '.i � - ti: ,f t �t � 4" �` `r� .2'� 1 A�,... 'f. ;:f• _ _ ~Y♦ � r t Jk '{. - � Y .C: , ".L _ i+' a /� wT .Y .. . t r � V '1 ,rt' 4 r ,� • '9,.' 1 � .. _ Y'3'. t r7 "i a.. :$� ..:f�. v , a... .w IY'xyi;v '^f- r w M , ., i �pj V., ". ',"�. s,� �f' -L+ v V r ""fh'AF.' .d k. R 4 .1 .k'^Y` 4�+ s 'r�E1'. r .. xTw . 1 } '� .. y� FN, ',♦+ r � , . ':�. i� ••} ,. Ems' ,.`dJ ,,- � Y } '`R .. a" `f+ 'f" 1 ry'J n w .�t a.' a •1' 'r E tt[. '�a' I i•, .aY^ y.,� I �0 +#�•'" Ri' 2,.._.... ij D ,2- :� A ,m +�,. r5" , _ _,- Y;'4 , a 1 2a�' _ • G' �' .-N "'V la� .; t� �Fi' s �*+ 's�'� in ,„ Rr .c j rk k- , t. R, ! a s �` - t� ,� 1° k� 1 ��,.. i 'f •C l' :�' � i- "� .."P i }r t a f'. ••I, t..J • � 'h •ti [[. M i a, 3 .. 1 ... �d .�. .... �3� i _ f, i�-' k N.+^ w r� , G ,�,. �' ,,k, ,�, i�w, �. •� _ 4 ,Y'• .r`! =tF y �(. •: �- 5 ✓� 'f- , 3 i` •,r. ', �• .. '�R�' :Y� a n* ♦��` 's ,in•` a "k .k Ja / .L •i t's 1 `t � � ,a 4• r,� �" i 1. .gip, .,�.." .4" a.hx 1 1- - �" � t •>M A Ak,. V •h .R(� j d a •y a7 dh -� �,4• Y - .� Yt. ..rU n . ��V r i r �' rR" ..•� ../ 2 'y7 f .N "f - _ , 1, f .- .��.°- =,c 4 4f T. ] �'.�' '�. t,µ �1 k'`r"r ',r" , F,..' 'Y 4'r. � S '�;. _ it �r'K ���; "•✓°.. "C• 1Tr` t .� 4 �+�, 1 4,'X 7 , �' 1'f� -%: ar w J �.Y S M, , 1• "d' �4. i� �• �S.* ,1; „MF •Y : A 'XL J' Y,[ °�{� I !•. •.L "i �"•: r` .i` • .y'� _ 1 4 Y 1 J -:.i�I � � .ir•t7J. a �� '� •� G L S G b s I n�► , s � -F:� "3 3' , '�`' yY X_r x F ry' r+. - F iw t•� A' r .�•Y _ !k, t"' 2 r ryrt a .tr r �l Y .T' _ i t _ '�Y f,, 1 ,�2'LL k..��.bFbM.�� Y'r 'J" aArF _ f I' J �.iF �F. . •i 1, .ti x Ar {i , u+I 3 , • 1p,1� , ,. , _ '� t • e . 5 a! Y r S -o• �o apt. r r •Q �s' '�- Xr M 'r' t »� � ,�� �o s �.. iS °� �s�? _ � ;�. . .� '�' r M �:�. .. :� '� .:► '�.' b '� a ��u !J i• Y T '�� , 1 _ .y' �. _ `P yy ♦ A" �i" 1k t xL riM�• _ ,i� iy f� I , r ••� T' P �� D �..ecJ -e r g m•' � i �+ 5 F� ;,, e "� •7 '�Y t" i 2 � 't.�,. > `x;r' t W' 4�� r' ,.,-.'- 4.� r+ti "k' .Y^,` t ,. , 3'A �l.,r�•. .t 'v •1� 'f' 97 ar i .�• _ 4 k' y� .,,f th W:'x r 'V "i "f Y I 'T`k' 'r , 'Y 2. �"p §. .4" •§ , d� ',�� �i'. 1 V � � d M, � Mn �QYF./ 4 .,l �fs +f�,' p � �� a7S. 1F M� 1 Y- �''•'~ Y � F P ,s ,� 6E �I.a4 T�� �'� IZ. �' F S 5 ;; �� , ,. �' i" i, S i <.I' , Y'W 2 �Y` r R ., , y , 5 Yt s� .'1�lINr a. " !"-� $� p - r t' _ , 1tl •�. E 8A '✓ �r 'ri r a .�V' (J g f _ r r lsr N1 R 4 #• �w Y : 'X '�` , ��' 'di .�i•! •rr "f y ''.2. .Y ' A 's. ��.. _ u.t- F �" 'k. '�, f a. ti a ,Y�, _ �/ L' �' �. �'' a L a i `1'.` +�a• jam• ar � �r�n >- `J[ r ;a >f' "'#•' .rl_ i"' F 4r A , ,. 'tE Y d.+ S' , `R' Y- r� ii `i 6. ,x$ ,„f 3� ,..ik � T d'� o- •�s {r� �r •T .1 •f a AK r 3 r 4 J•h i Y" �' J i rws , e e W `�' M Y• G'' �J trt r YD � '�. _ .ba fi� 1�1 -x, y a•oga:y l iQ��A i 'f-'.n "i'� � fi5 e �' �. v �: ",, �:• 'Y. rt Sb •r'' �''�'� r, A , '# i; r r,� �? � � i �h ��', t-' 0 w ,�, � � , � �. : i-�' +a 4 3' S'. . YY f t'.r Y ,{ _ �' S' k'" y''•. i' "n.E i' }r. A f . , 2 , •in r.'. r ,! F' r' x• .a 4'� �� r , �l '� ''� �I ix 'gy, H 4� .� v� i4 r ''�: (� btu' + 1 � i.?: C, t T , � "r.. 9 22�! fr"t' _ f. Z�'. T �2 �r ,�.. f 1.&..:4 E , �- n r_' N r �" t�' v�' a _ a ''r t, �, L/ t•n �c�. �dr �> t 4+c ..�r' _ y♦ vt` Y f M1 ,:7 'r2 ''�n l.Fa 1 . - r� pV \• r r fei "p1 , `.7'. y; k �i`- r .h' I rr r i' < a r f . u� y ";f. F � Y k f y,. :^' A yNe i �; 4 •M ,a - •' '1 `+''+ .f'.� r :J' r'� �' �'`' 'b :- �=: f k, .4�t w{e' �., a.. •-� , '><'' • � 4- rfd•' i �,"' ,. 7V�.' A rs» >t' Cf *�'' TE� ` r�'. a. § !' ,r r . 4• t a B .S flE ', � SiON &., _��� , S , v 5 Y „� � P' , k `I� V r ,.' A'✓ i $ 't3 � :Y �i , `inr .v _ .d•.. 4 r Ak r 1... `C� , • i ry H+ �'�, J 1 � , ,.,�• �; i"t�` a. M r b �' , YY I'F' +T1 ..�?" �?�+ �' ., - , r1 '. - � ,r - . 'lr _ '9 • v ,. - _ �. a�' �'t- i rr _ ��y /r 1 , • I' x .'A 5. r sir '�+ ', �' . o ,V � O C, i LI/ r T �' X RA P 1 :'�r A t t � LO �."a �R �G. 3 �! �i� T`- � - °,Q � 9 ai ,�° kk. - ow fpry Y A f O i ./ t� iD'O s •4 �"' lei r': 'E , r, , O 2 1� ..S �• 2 tf•i I r � ��, •� wr+r.�� :p AR'> t r ..Z4hK✓:Y 2� y ae� . _ � + TM�� � J . , h Y- � k.'. O A G� '� + {{ jV .a _ r .S h / �V L . r �., r 9`f• - 1. �1 tx. .; sl ,, , '� '4 S w� .� , �1 - -�'� d a - ,s• ,,' "`' , • . s 1:' n a C y ; a 1• �5" 1 _ { 4• i r.` .. - 7 r 'D •f l Y , . Ali2F f, '< � //-- . �»o T b P ;� '� n:.? �' l. a `T" {{,,.. •j. 6 K "q C rL' G � A► f' �� g n czn o' t 1�ei w � ,. �� 0 r •�f r w 4� kJ ,rl ,r r-I. I G' , ,. Y". : ". �« 'w:�� G }} R.rd f , 1 ` ✓^\ f tL 1 .� �L �. �.t L L _ J E �a .a, ► a _ M 7 r x b '�!! ^�.: A �r S ►� A ." � e. P r v' Y• ,- �r- 1 � ,�. *� �i 6 4 r' �j�- . •Y . r (/ � {7 w 2 �, .. � tit a. :' Qi�► � Ne W` 1l. s�5 +l tic. et.'. - ? t t i L M' U � 4 E�r,, �� ,'> '.t "• 7 •'t'� .$ � Fi "4 . � , 1 1 , 4 !' °�7. !'. 9 _ F� r �:. _ � �, �. : , �: � „ , `:�,, $, •`�;'" -� . . a.. - � , f•"• ,, 'Eii' r. IT �.. � � � � i . • °..• � .i,: , r f A �.t , r.. i " at s 'i 's " � >�" s' . ., r � '# >,` "(t�` - - `�y� 4 d i 1' •h .;' 'K' �• .u, - - �,� . �i', _ � /' , ".y , ` �`h - 'r t, S . ^x 1 i dr, 'k• '1. S �,i` s r f. 9^ rt f l •R" ''1�' - � ��` �� G �: •;. r ;;�•`j ,, s ''i� , •.Kn.� M ES'••' �' �r '��" Y 6' �.a r X "�x 't� 'l� ka �.r��. r' d f�.Y i �. Y�,- as - ia+� 'Y' :� � Pr� r� t•:4. �. + �r �� �;,' '� : �. S �•' i � r, •yam "r Y,r' , .F� eYY , �t� /� ♦ /2 ,.`.k.w« 97 ,• w AIo f' . . 9 '� _ . 3Zi y + ;, � -. - a � c>o. , t o :� o 't• .rb I �; 'T� t � 7 T tK 1�• �r' �'W f ,�fY. �r a _ ,rd r F. � Y .'�! , 4 r Yq. � F r• r 7V I a *� a-r _ n :o � ,�• +b k2. _ 8 � , - �' •'t� , "� �' • T�" i/►:J _ �:� �y:, >T� t , r a"Z. [; k d � , r• S i=, T/ N Lr 'b .4' � � ao , � S' , r ,� ', o d 2• .. •,� N� .�: _ �> , a A t' , I'; , 1 r s . r' Y 'u' _ - ..1 .. , 0' - , r . -1 •« � r .L H . �. .' �. ,�,.' n �.' _ <fLttA e W � �" i _ 4 � r s i�i: ;fir._ d .•�• c � ��M r f; '� �4 . � n:n �` � F F' �1 �, ri ,{ _ , a�"!, , I a s„ a F :.�' f• '� I ��. , .. � .. t ar'' r . i� t , a'` .` 3J. ,�. :1 wF F r '��� ;. � .. _, p I� . I {., _ r ., A .!` �. t i. . .- J• , .� n.n►� '� , • rrw tSw. f. 6 .. ., AJ t .. • +7 e F' z ,' A. >. �E -""' MINA pt ll• �tSStJCi ';`: ,' - .. TE$ j', . G 'r' d ,YaM1 � , k , N y e r'. �'� ,' ;J, p .� sA, '� �� �' 't '.:.:. �. r � `� �� - .c. ! , yy � �� �` °�,. 'Y _ .. , 4. g y�•i r !• ,�' , _ ,kr" :•e K`t�k r . 4 'Y v , n , RP Y3� 'k w,' - r �'� x t �{: .i�° .-* , Y .' (@ :x' � -. :.}; `J �t •'!ram P� 4: x'1 K� !K �y -t, t u a +�Y. t l' . a �', , e' _ '{,'ry x. . _ � `zrwi�►t� "9 ��` - �'u'r .�:.. ir r r , �. .F` :'G F `-, SCI�A F y .>. �,, ",' 1 E N�i�. . _ ��' , .; „�'• r ,;' :' �" 1 `'r' - � °;� ,,�. k' .�y,: .. !}� .. _ Y. 4 t 5# JY}5{,. >'� � �5 f„ t5 a .. H %rti, 6' C Ei�tY A f .,° N ��- E , :�3.r a. �" !. �''�. 0 2 b, •� , Nf�itJlf$ "AV D 1 t S" 'r";r c _ -7, hY , . ae x t,h �,!•� a • - V ?.�1 , k " � •.F J� •4 V f , ® {�'M 1, `1 0 y�\'. La r,#, 4. -N. 2 �1 �z,*i ;sV js � +, t; .. r � � Y, 7$7� r� Y • i ;.i. s l+ A .r •^' �� :-Y ?5 t. . 1� # h ✓ i. . 4�� w4 YV11ri'� •\ ' .. r n M t' +', -� e '„' 'i �Y 1 I _ Y 4 '(' •V' v', •'A `i Y " r rjY` � o• 1," f r �r "," J , ,.il, } i' . �ta �S" ). 4 �i +rx .K .,y Y' C � 'i f frb° N Y' Y 3v'' 4 '��' '{- ,. k�Y �]�} .a R .A. "4� _ !. 8" Pl Y • +y,: « i ., �: u 5 . A , '>x . (. �'2 r ♦ /' r*' �� .L'. Af p.• 6 , f .qt, 0, 4� �,r ��° ltx 'L. •X. er 'd Y y 'VA"' ?S xt )`� t ., r 'a Y`r _ r'r 9'J i •1• .i fw, , 't `} ?' A� f' r F !�+ z ^r- �' ,. a" "r' 'gin - r •s, , n v�> w.iF` Y rh , � •.Yr �'Y Y- a •l r wr r gi ter, i,r v .' . •4 • 'd<' �1 ek �� . • �/ � , �-* _ C , . � •$ 0n , , f� ]' k' { M JFL ~JI 7C , , �' r rs� , m Y , , ! 'k+ i , r �`9� 'r P �M 9r .e', ��F. '� �� .. •t ••` ""r� t}y� �y 'aM � H•' a �.. d s tin 1 , I.. a!-' . �? Y r� , a r�• r`" _ y,� 5• r :wROV. u r� :f - }r) n � W _ f J- a w°' ., . �� ry Itl t r� . I' _ � .. I , 1 e • 'i' +.� 'Y -.yY. .0 i J , ea` , , , A 4 ,y f "{. '!,' x! S • v e • �f 1� _ r , t\ y 2J ''lr I'! Y I N, �M' W�� t9 a �. .fr': M t' r 1 ! ' , '� Y Y +�. F.. 6 . f _ �6.. - x R' A { i .."t, �' n 9+ Sy. `!'! R , , F �'. x• 4 x�. { t x r .. C �✓' t� 0 , f {'' , y� K ^t� E n 'd , ., .,� 5r �� , � � £�l1 s .�y _ r `S� 1 �' Y - � �YAK •P� . . i, _ , .w^ , ~* ¢'� ,� �F . .. d , r •� .. f {• k _ - r , A' , 'i -t r,.; 1 . - r , ,,Y a _ . �� a .. ( ;a a d y f "e' _ 'i. k i e' a ,r. Tpp s' , 2' G�. Y t� .. A.r �Y 4N, T yy � . x- v ',rr'V t k .'rr. "d' K ,,.r G •v k , �i • ..,�` ,�,' ''t `� .�.. ..I i' : 8 �+' �' -w _ - ,' . .Y'.. , 1 r L. , /7 'a '.k s' r G r _ '�k !e /,1 t t ✓ > � .. _ '4 .. r - 'x' .i +a _ f t` r k: F ``'� •r'•. '� r t 4-- �i ..} i' . 'Ya '�. =i: C, s tx' M '1 F,i,••ytl ,.r�4. _ '.l e , ��e• .k .. `aw .t' c FY rY s , .. V� Y , r+C r'' Y o'. /y S oT �"7'� 1 s- f ,. ? ♦ � :d• .. ,�� a. , x, i,� - "x•� - ...�.d r K W t•:" .. , ,.. .._. s� l..r.a .. r ..a<. ... �f ,.. ., r .. ''� ..,Y .„.y�K "h' a .. u -.a. !� A . 5 t A >� .. _ _ .-...._ _ ... _. r -._.�_. ..._a n.a `ah ... .� > ,J .�"s. .... ...✓. :.:lY`..`.�v+. , i a�P✓. + a.+�{ .�„' t{� .. » r .,a.... Iw .. _ _ - _ _�__. _ _ _ _ _ .... Y'� _ x_ .,.sr a A ... .�..+..rrA 9 r E.a�'' � a}. . ..sa.. .l. 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 , FEBRUARY 18 , 1988 at the following times : 7 : 30 p .m . Appl ., No . 3702 - OLGA CORDES . Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval. of the proposed insufficient area . and width of two. parcels in this pending division of land located at the south side of Sterling Road (Nassau Farms ) , Cutchogue , NY ; County, Tax Map District 1000 , Section' 10.4 , Block 4 , Lots 17 and 18 . 7 : 35 p .m. Appl . No . 3709 - EDWARD AND ORTRUD HANUS . Special Exception to the Zoning Ordinance ,. to establish one new Accessory Apartment in the existing. dwelling structure in accordance with the requirements of Article III , Section 100-30 (B ) , subsection 15 . Location of Property : 635 Lupton ' s Point Road , Mattituck , NY ; County Tax Map District 1000 , Section 115 , Block 11 , Lot 3 . 7 :40 p :m. Appl . No . 3699 - EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to. construct addition ( s ) to dwelling with an insufficient westerly. sideyard setback and insufficient total sideyards . Location of Property : North Side of Rabbit Lane , East Marion , NY; County Tax Map Parcel No . 1000-31 -17-15 . 7 : 45 p .m . Appl . No . 3607 - JAMES O ' NEILL and PETER McSHERRY . Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area , width and depth of two proposed parcels , each with an existing dwelling-, located at the corner of the N/s Wiggins Street and the W/s Eighth Street , Greenport , NY ; Map of S . Buel Corwin (1885 ) Lots 28 and 29; County Tax .Map District 1000 , Section 48 , Block 1 , Lot 22 . Page 2 - Notice of Hearings Regular Meeting - February 18 , 1987 Southold Town Board .of Appeals 7 : 55 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 to the Zoning Ordinance , Articles VI., Section 100-62 ( B) , Article VII , Section 100-70 ( B) , for an Interpretation of "retail shopping center" and for permis- sion to establish convenience store as an accessory to the existing gasoline-service station . Location of Property : South Side of Main Road , West Side of Marratooka Lane , and East Side of Sunset Avenue , Mattituck , NY ; County Tax Map District 1000 , Section 115 , Block 3 , Lot 9 . Zone District : "B-1 " General Business . 8 :05 p .m". Appl . No . 3701 - CHARLES ZAHRA. Application under Article XIV , Section 142 of the Zoning Code for a Reversal of Determination of Building Inspector in his Revocation of Building Permit #15428Z issued October 27 '. 1986 . Location of Property : 140 Pike Street , Mattituck , NY ; County Tax Map District 1000 , Section 141 , Block 4 , Lot 5 . Zone District : " B-l " General Business . The Board of Appeals will hear at said time and place all persons or representatives 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 con- clusion of the subject hearing . For more information , please call 765-1809 . Dated : February 2 , 1988 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Linda Kowalski , Board Secretary -----------------------------------------------------------------x Copies to the following 2/3/88 by mail : Mr. William B. Peters , 1600 Pine Tree Road , Cutchogue , NY 11935 ( Re : Cordes ) Mr . and Mrs . Edward A. Hanus , 635 Lupton ' s Point Road , Mattituck 11952 Lynn Theresa Cahalan , Esq . , 12 First St . , Box 1330 , Riverhead ,. NY 11901 As Attorney for Mr. and Mrs . Edward Betsch William D. Moore , Esq . , Main Road , Clause Commons , Mattituck , NY 11952 As Attorney for McSherry & O ' Neill As Attorney for Tartan Oil Corp . Eric J . Bressler , Esq . , Box 1424 , Main Road , Mattituck , NY 11952 As Attorney for Charles Zahra Other : Suffolk Times , Inc . L . I . Traveler-Watchman , Inc . ZBA Members Individual Files Town Bulletin Boards • w k - 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 Tax Map Parcel Nos . 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 1 100- 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 . 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 Hear-ings Regular Meeting - Apri1 14 , 1988 Southold Town Board of Appeals. 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 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 DEPAR'INIENT 'fo%VN CLERK'S 01*TICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . (. �. . .�. . . . . . . . . . . .. 19 . .� . TO Wtu co PLEASE 7'AKF N01'1CL that your:application ci:itecl . . .�:1!�.4.- .� , 19 for pennit to construct . 1r . J!~ .'r'`u? -. . . . ! -.�. . . A-. . . . . . . . . . . . . . . . . . . . . . at Location of Property h1 a s . . . . . . 1� I?4. . . . 0. .c /louse No. Street ll�inlct County Tax Map No. 1000 Section . . . . . Block . . . . .S? . . . . . Lot P.9. . . . . . . . . Subdivision . . . . . . . . . . . . . . . .. I-iled Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . .. . .Building Inspector RV t/co BOARD OF HEALTH . . . . . . s . 3 SE' OF PLANS . . . . . . . FORM NO. 1 SURVL_ _ . . . . . . . . . " TOWN OF SOUTHOLD CHECK . . . . ... . . - . BUILDING DEPARTMENT SEPTIC FORM . . . . . . . . . . . . . TOWN HALL NOTIFY SOUTHOLD, N.Y. 11971 CALL TEL.: 765-1802 MAIL T0 . _ :amined 19., ;proved . . . . . . . ., 10?. Permit No./. sapproveda/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0;C;�J, ��4 . . . . . . . (Building Inspector) . APPLICATION FOR BUILDING PERMIT Date .MARCH• 1,6. . . . . . . .. 198.7. . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 s of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- don. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issued a Building Permit to the applicant. Such permit .ill be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy Al have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the .ilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or sgulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. le applicant agrees to comply with all applicable laws, ordinances, building cAp in co , nd re ulations, and to mit authorized inspectors on premises and in building for necessary inspectio. . . . . . . . . . . . .(Signat eot, or name, if a corporation) WILLIAM D. MOORE ESQ. . . . . . . . . . . . . . .aa. . . . .d. . . . . . . . . . . . . . . , . . . . . . . . . . . P.O. BOX 2 3 MA(Tfi � dre EqW aYORK t) :ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. AGENT - ATTORNEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ame of owner of premises . . TARTAN OIL CORPORATION . . (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. 'BARRY. TALLERING, PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) ALL CONTRACTOR' S MUST BE SUFFOLK COUNTY 'LICENSED Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. Electrician's License No. . . . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . Location of land on which proposed work will be done. . . RT. 2 5 AND . . . . . .MARRTOOKA LANE, , , , , , , , , , . . . . . AND. SUNSET. .AVE... . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . MATTI-TUCK. . . . . . . . . . . . . . . . . . . . . .. Street Hamlet House Number County Tax Map No. 1000 Section 115.. . . . . . . . . . . . . . Block . . . . . . . . . . . . . . . . . . Lot . 9. . . . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . .GAS W RE ,5TA.T1QN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . b.nTended use and occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 5. If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . If garage, number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :11 . . . . . . . 6. If business, commercial or m'- _ occupancy, specify nature and exten each type of use . SEE .S ITE :PLAN, - - .- 7. Dimensions of existing structures,•if any: Front . . . . . . . . . . Rear C.45 . . . . . . . . . . . Depth .. . . . . . . . Height @ . 15 . . . . . . . . . . Number of Stories . oize . . . . . . . . . . . . . . . . . . . . . . . .(vkvi . . . . . . . . . . . . �. '")2'4 + 4 5 Rear 2 4 + 4 5 Dinie chsl�0��1 9. . . .+sa 2 structure with al eera t of 9or additions: From• :._ . • : : : : : : : : Depth . .�j . . . . . . . . . . . . H igh . . Number of Stories .one 8. Dimensions of entire new construction: Front . . .4. . . . . . . . . . . . Rear .`. . . . . . . . . . . . . . Depth 5. . . . . . . . . . . . . . Height . . 1.9 . . . . . . . . . .Number of Stories . one . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . @.2 0 0. . . . . . . . . . . . . ... . Rear .@ 2.0.0 . . . ... . . . . . . . . . . . Depth .@ 18.5 . . . . . . . . . . . . . . . . 10. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] I. "Lone or use district in which premises are situated . . . �.-I . . • • • • • • • • • ' ' ' ' ' ' • .NU. . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . es: . . . . .Yes N es N. . . . . 13. Will lot be regraded . . .NO • • • • • • • • • • • • • • • • • • . • . Will excess fill be removed from premises: o 14. Name of Owner of premises •BARRY-'•TA•LLERI�NG • Address P•O•BOX 1017 Phone No. . . . . Address 150 �Broad' Ifol local, fi NoMelville., N.Y.. Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Contractor • . . . Address . . . . .. . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . 1.5. Is this property located within 300 feet of a tidal wetland? *Yes . . . . . No .X. . . *If yes, Southold Town Trustees Permit may erequired. PLOLocate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from !property lines. Give street and block number or description according to deed, and show street names and indicate whether anterior or corner lot. SEE SITE PLAN E: E 'TATE OF NEW YORK, Sv'FcQL, S.S -OUI.,*I'YOF . . . . • . • • • • l ILTI•I,AM• P,.,..MQO.0 ,U5Q. . . . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applica; (Name of individual signing contract) above named. ieis tile . .JNT:r-Ql3NF'X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have perfonned the said work and to make and file tl Ipplication; that all statements contained in this application are true to the best of his knowledge and belief;and that t. work will be performed in the manner set forth in the application.filed therewith. Sworn to before me this . . . . . . . . . . . . . . . . . .day of. . .! �` f:� . . . . . . . . ., 19 � Notary ublic, . . . . .S/1!:0_k . . . . . . . . . . . . . . . County 114. . . . . yvr-+/L Y lL."66 C sr firs o,- A.'.V (Signature of applica,. Al . S/F6166�/ SU.Cratx 144: ' r 1 t of work (check which applica : New Building . . . . . . . . . . Additior S. dSLANNterati'on . . . . . . , . . . .ir . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . .Demolition . . . . . . . . . . . . . . Other Work .CA4NOPY. . . . . . . (Description) ,stimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . Ifgarage, number of cars . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . o. If business, commercial or mixed occupancy, specify nature and extent of each type of use . SEE .S IT.E .13LAN . . . . 7. Dimensions of existing structures,-if any: Front . 0.45 . ... . . . . . . . Rear @.45. . . . . . . . . . . Depth . 0 . . . . . . . . . . Height @ . 15. . . . . . . . . . . Number of Stories . PAQ . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . 2/ caNcrc. Dune sio s-of same structure with alterations or additions: Fron CA14 0 24. .+ . 4 5 . . . . . Rear �4 . +. `�`? . . . . . . . . . Depth ff. .. . . . . . 27. . . . . . . . . . . . Height .1g . . . . . . . . . . . . . . . Number of Stories .9ne. . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . 2.4. . . . . . . . . . . . Rear .`4 . . . . . . . . . . . . Depth 5 9. Height . . 1.9. . . . . . . . . . . Number of Stories . oxie . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . 0.2 0 0. . . . . . . . . . . . . . . . Rear .@ 2.0.Q . . . ... ... . . . . . . . . . Depth .@ 18.5 . . . . . . . . . . . . . . . . 10. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Zone or use district in which premises are situated . . .B`.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . , , •NO• • • • • , _ . , • , • • , • • • • • , • • • . . 13. Will lot be regraded . . .Np . . . . . . . . . . . . . . . . . . . . • . Will excess fill be removed. from premises: Yes No 14. Name of Owner of premises .BARRY. •TA•LLERING • Address P. .BOX 1017 Plione No. . Name of Architect . . . . . . . . . . . . . :. . . . . . . . . . . . .Address 15O0 .Broad. 11 OwPA& NoMelvil le_, .N:Y.. Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . 15. Is this property located within 300 feet of a tidal wetland? *Yes . . . . . No .X. . . . *If yes, Southold Town Trustees PermitPLO may be required. Locate clearly and distinctly all buildings, whether existing or proposed, arid,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether nterior or corner lot. SEE SITE PLAN iTATE OF NEW YORK, S.S 'OUNTY OF . .Sv rKQLA . . . . . . . . , • , , , • .W.1L I,AM, P,.•.,MQO.RF, •F5.Q. , • , • • • • , , , • • • • • • being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bove named. leis the . .ATT.Q.nNFY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have perfonmed the said work and to make and file this application; that.all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. :.worn to before me this . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . 19 S� `'otary ublic. . . . . . . . .54"'e FPS . . . . . . . . . . . . . . . . County 144 . . . . . . . . . . . . . . . . . . . . . . iLlri o9-2 y Azi del C/ STATE of /V-1V do 4/F6/'�6F, (Signature of applicant) I4°I�RECEIVED Pr, TOWN OF. SOUTHOLD, NEW YORK Town AfflkE.duftWOM DECISION OF BUILDING INSPECTOR APPEAL NO. 36 3(o DATE .............................. TO TH E ZON I NG BOARD OF APPEALS, TOWN O F SOUTHOLD, N. Y. 1 (We) „TARTAN OIL CORP...........................of . 15 BROAD HOLLOW ROAD,,,,..,....,,,.,... . ..... . . .. ...................... Name of Appellant Street and Number MELVILLE......................................................................... .....NY..................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO WILLIAM D. MOORE, ESQ. ................................................................................. Name of Applicant for permit of S.Uz T.E...3...C.LA USE..C.OM.MOXS.,...MAT.T.LT.UC.K,....NEW.....Y.Q&K.......................... Street and Number Municipality State ( X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..Marratooka Lane & Main Road, Mattituck, NY B-1 ............................................................................... Street /Hamlet -/ Use District on Zoning Map District 1000 Section 11561 ock 3 Lot 9 Current Owner Tartan Oil Corp. Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article s VI &XIjections 100-62b 100-122 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( x) Interpretation of zoning ordinance re: retail shopping center definitior 4. PREVIOUS APPEAL A previous appeal (IBC) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( x) Interpretation of zoning ordinance is requested for the reason that a retail gasoline service station with a convenience store has been ruled to be a retail shopping eenter necessitating complianc with section 100-62B which requires minimum lot size of one acre. It is requested that thie Board establish by interpretation that the convenience store use is an accessory use to the gasoline service station and not an additional or separate use establishing a retail shopping center of multiple independent uses . In the altermative, appellant seeks a variance Form zB1 (Continue on other side) from the one acre lot requirement for retail shopping centers . REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because fThe proposed use for a convenience store is accessory to the primary use as a retail gasoline station. The property is approximately 34, 500 square feet in area making the requested variance small in relation to the required 40 , 000 square feet. The owner does not own adjoining property which could be used to increase square footage to the required area. The property complies with the lot size required for B-1 and it is solely because the gasoline station use coupled with a convenience store is deemed a .retail shopping center that the variance, is necessary. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because other B-1 zoned properties need only comply with the 30 , 000 square foot requirement. The gasoline station with convenience store is treated uniquely to require compliance with the retail shopping center provision requiring 40 , 000 square feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed uses are permitted in the B-1 zone and the 40 , 000 square foot requirement for these combined uses is more onerous than the requirements of other B-1 uses . The combination of a gasoline station with convenience store is not unique to business zoned property. Such uses have become commonplace as the demands of the motoring public have changed. STATE OF NEW YORK ) ss COUNTY OF Suffolk ) Signatu ' William D. Moore re ` Sworn to this .......� .>L .......................... day of.......Ra /�'r7................ 19 ....... .. ... . .................. . ..................................... Notar Public PATRICIA C.MOORE AOTARY PUBLIC,State of New York No. 4861648,Suffolk County Commission Expires June 16,1988 ♦- x - - -- - ---- - -_- -- --_ - ` 7OWN OF SOUTHOLD PROPERTY RECORD- , CARD., -OWNER STREET VILLAGE DIST.1 SUB. LOT FORMER OWNER N �.�.� - E _ ACR. 0'"T 6 - _- i S W - 3 TYPE OF BUILDING RES. � � f SEAS. VL. FARM. COMM CB. . MICS. Mkt. Value. . ..:.: LAND I IMP. TOTAL DATE REMARKS /2l& /7 2 C N � 7 oi 4_ �,- .�`..��-� A` In �,t ICJ 1 2 - ��� �9`� - 46 �GSY�o If C 4( y Y _— 9 nT 7 13- P 1,5133 7 0/d, 1 o 21 � AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD � � to . � t: Meadowland DEPTH f House Plot BULKHEAD Total - ; DOCK COLOR TRIM Ln �E "n'sn' I VA. Bldg. f g �.. . A 0 � :xtension76 41 r :xtension` - � - IFoundation Ln�J Bath wb Dinette 'orch ,Basement �� Floors —� K.. 5 'orch. Ext. Walls Interior Finish LR. 3reezeway Fire Place 1 Heat DR. ;arage Type Roof Rooms lst Floor BR. 3 'atio Recreation Room Rooms 2nd Floor FIN. B s �• B. Dormer Driveway total � O MArN " 2pt.82 N•8.3o,}p•00•E. to w °0 z Z 1 w >. N N O N. 680 3-V40" W. ZOO.O Q' tq • . GEDR.IC H. WICKHAM 49.S' MAP OF PROPERTY .. ..., ..,•.-' ,: . . :�. ... SURVEYED FOR M AR RATOO KA ` 'CORPORATION SITUATE AT MATTI'TUCK SUFFOLK. CO., N. Y. GUARANTEEO TO TITLE GUAR.AN•rcE SCALE : 60' I" TRUST CO. , ASS SVRVEYED JUNE S,.t9S6. a = 1 cLoiv pipe 0T70 W. VAN TUYL S O N p — GRAN. OR CONC. MON. z.. LICENSED LANE) SUMVEYOi2S GcZEEaPOQT N. lY TITLE NO.. f 4 IF... 4 --�.•-. :...:.. . :.,... .... ..., .....xr vim..- ..N i - C C RODERICK VAN TUYL, P�.C. 218 FRONT STREET GREENPORT, NEw YORK 11944 516-477-0170 To Tartan Oil Corp. DATE April 29, 1986 150 Broadhollow Rd. n 0 Box 1017 SUBJECT "Marratooka Corp. Melville, NY 11747 Dear Sirs: This is to certify that, on a survey map made by this firm for Marratooka Corporation dated June 8, 1956, and guaranteed to The Title GuarantOe Co, the one-story frame building shown did in fact exist at that time. Yours truly, Roderick Van Tuyl, PC FOLD AT(-)TO FIT DRAWING BOARD ENVELOPE N EW10P - 4 I 1 NING BOARD MEMBERS SVFfQ(�• RICHARD G.WARD a0�o CQG Town Hall, 53095 Main Road Chairman o y� P.O. Box 1179 GEORGE RITCHIE LATHAM,JR. Southold,New York 11971 y Fax(516) 765-3136 BENNETT ORLOWSKI,JR. I WILLIAM J. CREMERS Telephone(516) 765-1938 KENNETH L.EDWARDS *X®� PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 11, 1995 William D. Moore Attorney at Law 315 Westphalia Road P.O Box 23 Mattituck, NY 11952 RE: Site Plan for Tartan Oil Southwest corner of State Rte. 25 and Sunset Avenue, Mattituck Zoning District: Limited Business SCTM# 1000-115-3-9 Dear Mr. Moore, As recently discussed, the Planning Board would like to review the draft covenant and restrection as mentioned in your letter of July 5, 1994. In addition to the above, an application must be made to the Zoning Board of Appeals as contained in the Stipulation of Settlement Index No. 88-10700, dated October 12, 1989. If you have any questions, or require further assistance, please contact this office. C r ly r Kassner / PI n Reviewer %/ cc: Gerard P. Goehringer, Chairman, Board of Appeals PLANNING BOARD MEMBERS ��/ "z ;fT SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman � r ��` `••' Supervisor George Ritchie Latham, Jr. 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 .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 L Victor Lessard, Principal Building Inspector NNING BOARD MEMBERS o �+ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward � -L I Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1 179 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. )FTarton 2 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 M 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 your 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 Orlowski Jr. (/ / Chairman Encl. i 'i Dunn Engineering Associates Consulting Engineers 66 Main Street, Westhampton Beach, N.Y. 11978 516-288-2480 December 5, 1991 D Mr. Allan Leon ;, Tartan Oil Company kj 532 Broadhollow Road sou P.O. Box 1017 P(ANN�N N Melville, New York 11747 G BOARL) 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. 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 iri 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. �l 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. j < • 4 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, W ALTER M. DUNN, JR., P.E. Principal WMD/bf P910057 L910498 4CS w. 86�0 (Jan. 86) For Clerk Ott l y REQUEST FOR JUDICIAL. INTERVENTION SUPREI����((1CGIA19V COURT, Suf f olk COSY Index No. Z� �� Date Purchased 7f IAS Entry Date FULL TITLE OF ACTION Tartan Oil Corp. ..�. � 4 Petitioner(t) Name of Assigned - against - Judge JUN 4 MP Board of Zoning Appeals of the Town of Southold Respondent( .DULII FT E (IT,U V Date of Assignment _ Issue joined (date ) (check if applicable) _ Bill 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 motion (return date ) Relief sought Order to show cause (return date ) Relief sought (to be completed by clerk) _ Other ex parte application x Notice of petition (return date July i Si (Cl Ir f ) Relief sought Special Exception Notice of medical or dental malpractice action (specify which ) Statement of net worth 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 x Other special proceeding, Other tort, including but not limited including but not limited to to personal injury, property damage, Article 75 (arbitration) , sla:ider or libel Article 77 (express trusts) , (specify) Article 78 review of decision denying OTHER ACTION (specify)App ication for _ Matrimonial (contested) _ Contract a Special Exception 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. In there a p.-nriinq related action or proceeding? Yes x No If yes, specify where, indicating name(s) of related case(s) , index nurher (s) and nature of relationship. Tartan Oil Corp. v. Board of Zoning Appeals at the Town of Southold, -?I -/07aa Supreme Court, Suffolk County, Index No seeking review of decision denying application for a Variance of the subject premises Attorney(s) for plaintiffs)/petitioner(s) MANE ADDRESS PHONE Levine & Robinson. P.C. 50 Charles Lindbergh Blvd (516) 794-6900 Mitchel Field, N.Y. 11553 Attorney(s) for fie fendant(s)/respondent(s) NAME. ADDRESS PHONE Names of insurance carriers (if applicable and available) I affirm under penalty of perjury that, to my knowledge, .other than as noted above, there are and have been related actions or proceedings, nor has a uest for judicial in v��n p( ev' usly been filed in this Dated: June 1'988 Q action. (SIGNATURE) - Carl S. Levine (PRINT OR TYPE NAME) Petitioner ATTORNEY FOR 50 Charles Lindbergh Blvd ADDRESS (Print or Type) Mitchel Field, N.Y. 11553 INSTRUCTIONS Attach rider sheets if necessary to provide required information. If any party is appearing pro se (without an attorney) , the required information concerninq such party is `o be entered in the space provided for attorneys. LEVINE & ROBINSON, P. C. NASSAU WEST CORPORATE CENTER II 50 CHARLES LINDBERGH BOULEVARD MITCHEL FIELD, NEW YORK 11553 Linda Kowalski Clerk of the Southold Town Board of Appeals Southold Town Hall Main Road - State Road 25 Southold, Long 0sland, New York 11971 r i I SUPREME COURT OF THE STATE OF NEW YORK 1,! COUNTY OF SUFFOLK I 11 ' Ij TARTAN OIL CORP. , i Petitioner, NOTICE OF PETITION i against - Index No. BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHOLD, i 1 Respondent . --------------------------------------x PLEASE TAKE NOTICE, that upon the Petition of Tartan Oil Corp. ( "Tartan" ) , verified on the 23rd day of June , 1988, and upon the annexed Affidavit of Barry 1.1 Tallering, sworn to on the 23rd day of June, 1988, the annexed Affidavit of Joel H. Joseph, Esq. , sworn to on the 23rd day of June, 1988, and the exhibits attached thereto, i , and upon all testimony, papers , and proceedings had before the ij Respondent, Board of Zoning Appeals of the Town of Southold, I ( "Board" ) , with respect to the matters set forth in the !� Petition herein, the undersigned will move this Court at an ;I IAS Part thereof, to be held in and for the County of i� Suffolk, at the Suffolk County Courthouse, located at 235 Griffing Avenue, Riverhead, New York on the / $lq.,day of July, �'i 19.88, at 9: 30 A.M. or as soon thereafter as counsel can be I heard for : I� 1 �i ! i 1) a review of the determination of the Respondent Board denying Petitioner ' s application for an �I , Interpretation of Article VI, §100-62.B, Chapter 100 of the Code of the Town of Southold ( "Zoning Code" ) referring to j retail shopping centers, or, in the alternative, for a I Variance from said Article VI, §100-62 .B of the Zoning Code, ito permit establishment of a retail shopping center on a less 1, ithan one-acre lot, so as to establish a convenience store as i an accessory to the existing gasoline service station on the I premises, located at the south side of Main Road along the west side of Marratooka Lane and along the east side of Sunset Avenue, Mattituck, New York, and, 2) for a judgment annulling such determination and directing the Respondent Board to grant Petitioner ' s application for such relief upon the grounds that the determination of the Board under review herein, is illegal, arbitrary, capricious, unjust, contrary to law, and an abuse \ of discretion; and 3) such other and further relief as this Court i i deems just and proper . 1 PLEASE TAKE FURTHER NOTICE, that demand is hereby made that Respondent certify and send to this Court within the time prescribed by C.P.L.R. §7804(e) , all actions and proceedings of the Board in the above-entitled matter and designated Appeal No. 3636, with a certified copy of all 2 1 I 1 ' j . petitions , appeals , applications , reports , notices , �i documents, letters, affidavits, diagrams, plans, drawings and any and all other papers before or acted upon by the Board together with a certified copy of all resolutions , determinations, decisions and opinions of the Board and the �I minutes of all proceedings, hearings, and the reports of all s inspections and examinations and all other matters and thin �I P 9 considered or acted upon by the Board in arriving at the determination now under review for the purpose of reviewing I all the acts and proceedings of the Board in the matter of it the Application of Tartan Oil Corp. , Appeal No. 3636. j PLEASE TAKE FURTHER NOTICE that answering papers, I if any, must be served on the undersigned at least five (5) days before the return date of this Petition. Dated: Mitchel Field, New York 11I June 23, 1988 it Yours, etc. , I LEVINE & ROBINSON, P.C. 50 Charles Lindbergh Boulevard Mitchel Field, New York 11553 ( 516) 794-6900 !) Attorneys for Petitioner i, To: Board of Zoning Appeals Town of Southold Main Road - State Road ' 25 I� Southold, New York 11971 ( 516) 765-1809 l 3 1j i ,I 1 I� !i I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------x j TARTAN OIL CORP. , I ' Petitioner, PETITION against - Index No. i ' BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHOLD, Respondent. --------------------------------------x TO THE SUPREME COURT OF THE STATE OF NEW YORK: Petitioner , Tartan Oil Corporation, by its attorneys, Levine & Robinson, P.C. , as and for its Petition pursuant to Article 78 of the C.P.L.R. to review a Decision i� and determination of Respondent Board of Appeals filed May 27, 1988, in Application No. 3636, respectfully alleges as follows: if1. Petitioner, Tartan Oil Corporation ( "Tartan" or "Petitioner" ) , is a corporation duly organized and l existing under the laws of the State of Delaware and duly i! licensed to do business in New York, with principal offices f 1 at 150 Broad Hollow Road, Melville, New York 11747 . i i� I 1 I' �1 1� 2. Respondent, Zoning Board of Appeals( "Board" ) , i� is the duly constituted Board of Appeals of the Town of Southold, County of Suffolk, established pursuant to §267 of j the Town Law. 3. Petitioner is the owner in fee of certain real �! property located within the hamlet of Mattituck, Town of j{ j� Southold, County of Suffolk, and situated at the corner of i� Main Road, Marratooka Lane and Sunset Avenue, Mattituck ( the "Premises" ) . The Premises are presently operated as a full �I service station in compliance with the Zoning Code. 4. The Premises were the subject of an Application to Respondent Board requesting an interpretation i ' and/or Variance of Article VI, §100-62.B, of Chapter 100 of the Code of the Town of Southold ( "Zoning Code" ) concerning the establishment of a convenience store as an accessory use to an existing gasoline service station. 5. The aforesaid Petition was presented and heard j on February 18, 1988 and continued on April 14, 1988, at the Town Hall of the Town of Southold, in conjunction with a companion Application No. 3633-S.E. filed by Petitioner to review the denial of a Special Exception on the same Premises. �± 6. On or about May 30 , 1988 , Petitioner ' s 1� attorneys received a copy of Respondent ' s Decision dated May 12, 1988, denying Petitioner the Variance requested, and !I I' Ij indicating that the original thereof had been filed in the l 2 I I I Office of the Town Clerk on May 27, 1988. (A photocopy of the Decision is annexed herewith as Exhibit No. "l" . ) 7 . The Premises is located in the "B-l" General Business Zoning District and is identified on the Suffolk I� i i County Tax Map as District 1000, Section 115, Block 3, Lot 9, containing a total area of approximately 34,700 square feet I or approximately three quarters (3/4) of an acre. 8. The Premises fronts along three streets as follows: along the south side of Main Road (State Route 25) '! 201.82 feet; along the west side of Marratooka Lane 185.95 l feet; and along the east side of Sunset Avenue 158.89 feet. 9. Petitioner, which is in the business of owning and operating or leasing to operators gasoline service �i stations throughout the counties of Nassau and Suffolk, has I been the fee owner of the Premises since 1970 and has continuously maintained thereon a gasoline service station. 10. The Board in its Decision found that the Premises comprised "a previously established full service gasoline station" (Exhibit No. "l" , 111) , and that as far back as 1956 the Premises "was used as a gasoline sales office and minor vehicle repairs and that one gasoline pump or island existed" . (Exhibit "1" , 114(a) . ) 11. On May 30, 1986, the Town of Southold Building Inspector duly issued a "Certificate of Occupancy- ,! Nonconforming Premises " #Z14455 stating that the 1i nonconforming Premises "existed on the effective date . the l 3 i 1 i I 1 � present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable i Ii provisions of said Code. " (A photocopy of this document is it j annexed hereto as Exhibit No. "2" . ) 12. On or about March 17, 1987, Petitioner applied I to the Town Building Department for a permit to perform certain construction and renovation to the Premises in order l ' to convert it to a partial self service operation and to install a "convenience store" as an accessory use. 13. By Notice of Disapproval dated April 1, 1987, i the application was denied by the Building Inspector on the grounds, relevant herein, that "Article VI 100-62.B requires ZBA Variance for Shopping Center Status. " (A photocopy of this document is annexed hereto as Exhibit No. "311 . ) 14. Petitioner took the position then, and still does , that a "convenience store" , i.e. , a small retail i operation selling various food and non-food items in conjunction with a gasoline service station, is a recognized accessory and incidental use, and as such does not require a Variance, permit, or Special Exception from the Town. (See j photocopy of August 19, 1987 letter from Petitioner ' s attorney to Board of Appeals, annexed hereto as Exhibit No. 1 15. A "retail shopping center" is a permitted use i �i in a B-1 District by virtue of Article VII, §100-70.A(1) (d) �! of the Zoning Code, which relates back to Article VI, §100- ;i r y �i 4 (I �I 62. That section permits such usage subject to requirements A. through I. i 16. Article VI , §100-62 defines a " retail ii shopping center" as "a building or a combination of buildings i containing retail stores, mercantile establishments, offices, i� banks and financial institutions, commonly known as shopping centers. . . . " 17 . Clearly the phrase "commonly known as shopping centers" , characterized by multiple independent retail uses in one or more buildings, such as Roosevelt Field, Walt Whitman Mall, Smith Haven Mall, etc. , or smaller local establishments commonly consisting of a supermarket "anchor" with satellite specialty shops, or even the " relatively new "strip centers" being constructed on Long Island and elsewhere, cannot be compared with a single building with a principal and accessory retail use by the same owner . The interpretation of a gasoline service station with an { accessory convenience store as a "shopping center" is thus illogical, contrary to experience, and, frankly preposterous. (See photocopy of Memorandum in Support of Appeal, annexed hereto as Exhibit No. 11511 . ) 18. Subparagraph B of Article VI, §100-62 provides I that for the establishment of a retail shopping center . . . the lot area shall be not less than one (1) acre and the lot Ij width shall be not less than one hundred fifty (150) feet" . 5 I II I� 19. Petitioner ' s parcel meets the width i requirement but is about 20% short of the area requirement. i 20. Accordingly , on or about May 13 , 1987 , is Petitioner caused to be filed an Appeal from the decision of I the Building Inspector in which: { "Interpretation of Zoning Ordinance is j requested for reasons that a retail gasoline service station with a convenience store has been ruled to be a retail shopping center necessitating compliance with §100-62.B which requires minimum lot size of one acre. It is requested that this Board establish by interpretation that the convenience store use is an accessory use to the gasoline service station and not an additional or separate use establishing a retail shopping center of multiple independent uses . In the alternative, appellant seeks a variance from the one acre lot requirement for retail shopping centers. " (A photocopy of the Appeal is annexed hereto as Exhibit No. "6" . ) I 21. In its decision the Board considered Petitioner 's citation of the Board's prior decision in the Application of SUKRU ILGIN AND OTHERS ( "ILGIN" ) , Appeal No. { 3618, dated April 23, 1987. (A photocopy of this Decision is annexed hereto as Exhibit No. 117" . ) 1 22. In ILGIN, the applicant applied for a Variance of Article VI , §100-62 .B of the Zoning Code for the establishment of a "convenience store" for the on-premises sale of food and non-food items, as a permitted "retail (i shopping center" , in conjunction with an existing gasoline 6 { service station. The applicant was located in the same Zoning District ( 11 B-1 General Business) and on the same road i li (Main Road - State Route 25) as Petitioner 's Premises. I 23. In ILGIN the premises contained a total lot i area of only 11,984 square feet or approximately 27 .5% of the it1 one-acre required under §100-62.B. (The decision does not I� mention whether the premises meets the 150 ' width rule, but at a total area of under 12,000 square feet, it is doubtful that it could do so (it would have to be 150 ' wide by 80 ' long! ) ) . 24. In ILGIN the Board unanimously granted the Variance, finding that a "convenience store" is "accessory and incidental to the gasoline service station use" , with minimal conditions. (Exhibit "7" , p. 2. ) 25. In its decision the Board noted without comment that a Certificate of Occupancy existed, and that a site plan application was presently pending before the Town Planning Board (in accordance with §100.62.A) . (Exhibit "7" , I 116. ) 26. The Board made the following additional findings: " (a) that the use as proposed is consistent with and will promote the general purposes of the zoning code and maps ; ( b) the circumstances of the property are unique; (c) there will not be a substantial change in the essential i character of the neighborhood; (d) there j, is no other method feasible for I appellants to pursue other than a variance; (e) the relief requested is 7 I�I �i I� �j substantial in relation to the !! requirements ; ( f ) the relief as conditionally granted will not prevent the orderly and reasonable use of this ! district or adjacent use districts; (g) 'i the safety, health, welfare, comfort, !� convenience and order of the Town will i not' be adversely affected by the proposed business use and its location; (h) the j` interests of justice will be served by allowing the variance, as conditionally noted below. " (Exhibit "11 , 117 . ) �+ 27. In its May 12, 1988, Decision herein, the 1 11 Board attempted to distinguish its decision in ILGIN by ;I 'describing that application as: "an area variance for approval of a convenience store for the sale of packaged and non-food items (without food preparation . or on-premises food services ) , in conjunction with the existing gasoline station with minimal floor area for retail sales (less than 700 sq. ft. ) . In that application an interpretation was not requested, and a conditional variance was, granted for the small-scale retail sales area and further �I required that the use be related , 'accessory and incidental to the existing gasoline station use . ' There is no interpretation of record by this Board determining any retail use to be an ! accessory use to a gasoline station. " [emphasis in original] (Exhibit "l" , 119) j� 28. The Zoning Code, §100-13.B "Definitions" ' defines "Accessory" as: " A building or use clearly incidental or subordinate to and customary in connection with , the principal building or use on the same lot. " 8 �i i ji I I III Specifically in a 11B-1" District "accessory uses" are defined as: ij 1� "Accessory uses on the same lot with and customarily incidental to any I permitted use and not involving a separate business. " (Section 100-60.C(1) , made applicable b §100-70 .A 1 PP Y ( ) (c) ) • 29. Nowhere in the Zoning Code is there a list of specific accessory uses which are either permitted or prohibited with a gasoline service station. 30. Nowhere in the Zoning Code is there a definition, or even mention of, a "convenience store" . 31. There is ample evidence in the record that convenience stores are. now commonly accepted accessory uses to gasoline service stations and that they are increasingly "customarily incidental" thereto. 32. In its decision herein the Board made the following additional findings: " (a) the variation is substantial in relation to the requirements, being 8900+ sq. ft. or 20% less than the requirement; (b) a substantial change will be produced in the character of the residentially-zoned neighborhood; (c) a substantial detriment will be created to adjoining residential i properties; (d) strict application of the ordinance will not prevent a reasonable, j return upon the property for the existing I� �i 9 I ii f it �i use or other use permitted in this Zone District; i� (e) the project as submitted is not in compliance with all other zoning regulations of the Town of Southold; it (f) the variance, if allowed, may ;i cause traffic hazards at both street intersections, and accordingly will be j adverse to the health, safety, order, J� convenience and welfare of the town; I� (g) in view of the manner in which II the difficulty arose and in considering all the above factors, the interests of justice will be served by denying the fII,, variance, as applied, without prejudice. " it (Exhibit "1", 104) �I l i 33. The action of the Building Inspector in S 9 P refusing to grant the application of" the Petitioner for a building permit for the construction of a convenience store and in interpreting such use to be a retail shopping center i subject to the one-acre area requirement of §100-62.B rather than a permitted accessory use, and the action of the Zoning Board of Appeals in affirming the. decision of the Building Inspector and denying the application of the Petitioner to �i said Zoning Board of Appeals were arbitrary, capricious, 1 i unreasonable and unwarranted for the following reasons: 1 a) Both the Building Inspector and the Board j were arbitrary and capricious in categorizing the proposed use as a "retail shopping center" in the face of a Zoning ij Code definition which clearly was inapplicable by reason and I I experience. l I 10 { jj !� b) Both the Building Inspector and the Board were arbitrary and capricious in refusing to accept the �i status of the proposed convenience store as a normal Ij I, accessory use customarily incidental to a gasoline service i { station. c) The Board acted illegally and beyond its ! authority by setting up its own arbitrary and subjective i� 'i standards as to what constitutes an acceptable convenience �) 9 store (e .g . , "packaged and non-food items" versus "on- premises food services" ) in the absence of objective standards in the Zoning Code. d) The Board improperly held that a retail 'j convenience store is not an accessory use because it "is not i necessary for the operation of a gasoline service station" [emph. supp. ] thereby arbitrarily .overriding. the Zoning Code standard of "customarily incidental" with its own _irrelevant and subjective standard ( "necessity" ) . i e) The Board acted arbitrarily, capriciously I and illegally by determining in the ILGIN case that a convenience store could lawfully operate on a lot only about one-quarter (4) of the required size of a "retail shopping i center" as an accessory use to the -gasoline. service station iI in a B-1 Zoning District, without doing harm to the character of the neighborhood or the general purposes of the Zoning Code, but that a convenience store could not lawfully operate {� in a lot approximately eighty (80%) percent of the required I � 11 11 � 4 � I I� size in the same Zoning District under the same circumstances. This determination was made upon an arbitrary I� finding that "the variance is substantial in relation to the j1 requirements" herein (where the difference is approximately ! twenty ( 20%) percent) whereas no such finding was made in the �I ILGIN case wherein the variation was approximately seventy- ) it five (75%) percent. f) The Board acted illegally in its arbitrary finding that the Variance "may cause traffic hazards" in the absence of support in the record for such a finding. g) The Board acted illegally in arbitrarily denying the validity of a validly issued Certificate of Occupancy-Nonconforming Premises and of raising the issue of numerous alleged violations, all of which had no bearing upon the subject application and were beyond the authority of I the Board to make rulings upon in its determination herein. 1+ WHEREFORE, Petitioner prays that this Court issue a '1 judgment pursuant to Article 78 of the C.P.L.R. directing said Zoning Board of Appeals to issue a determination that ;t Petitioner ' s proposed convenience store is a permitted use accessory to its gasoline service station in a "B-1" Zoning District or in the alternative issue a Variance of Article i� VI, §100-62.B of the Zoning Code permitting Petitioner to i establish a convenience store as accessory to a gasoline li l 12 I I it it if service station on a parcel of less than one (1) acre as a . ,I retail shopping center, and for such other and further il l i relief as to this Court may seem just and proper, together jI with costs of this proceeding. i� i Dated: Mitchel Field, New York June 23, 1988 j Yours, etc. , LEVINE & ROBINSON, P.C. 50 Charles Lindbergh Boulevard �I Mitchel Field, New York 11553 (516) 794-6900 1 1� i� I! I� 13 I i i li i 1 i { i i STATE OF NEW YORK ) ss. : i COUNTY OF NASSAU ) BARRY TALLERING, being duly sworn, deposes and says: That I am the President of Tartan Oil Corp. , Petitioner in the above-entitled proceeding; that I have read the foregoing Petition and know the contents thereof; that the same is true to my own knowledge except as to the matters 1 therein stated to be alleged upon information and belief, and that as to those matters I believe them to be true. The grounds of my belief as to all matters in the foregoing Petition, stated upon information and belief, are based upon the books and records of Petitioner. Deponent further says that the reason why this verification is not made by the Petitioner, and is made by him, is that the Petitioner is a foreign corporation. 1 BARRY TAJILERING, as PrgslAPant of ! !i Tartan it Corporation Sworn to before me this �+ 23rd day of June, 1988 Not u 1 ,I i JOEL H. J H ARY PUBLIC, State of New York No. 30-4630269 Quolified in Ncssou County Commission Expires A � 1I Application Datod May 19s ) 987 T0: William . D. Moore . Es q (Appellant (a) ) IN I No as Moro'"m for TARTAN. OIL CORP. main Road , TT_ Mattituck . NY 11952 At a Meeting of the Zoning Board of Appeals held on May 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. ( ) Request for Special Exception under the Zoning Ordinance Ix j Request for Variance to the Zoningq Ordinance Article VI Section 100.62 (B ) for ap iication v f • ". .�' , .� � G �uC� NAnr• n 1 I r:r:, v� t^.; A.• ��c �c a v^ � a c c , t,n 1 U•6=4S:• C)�) A r•t �c 7 n v / r _ .s tilt, C A i , C` ,• !v ..Y [.J 1...7 1 r. V t �` t� {. , �/,.'.../. /I!/� .:A h L V r•• ,1 I I.J St 7 rf ��•rvcni�n +vr,t.h _ s7axn7ino- wnrVi.:w yLa, L1C7n . ore AS in arCe^.�nry t,, •../.. . Y y•r. ,:L.. '>• t 1 7I r.. .. M_......r.11 l i V n A P 1,►•O y r f.V 7 o V V • r r L / {!/) I 7 G t .r /. P.Y C3 V 11/1 1. P►C 0 1. /1® 1•... /. I.vs � •+ s V7vvra .� La,f. � ions ni s�1• i VtMMn r,Y sti.•i a. i Application of TARTANhearInsere held CORP.OIL Punder A ii. the Matter of the February 18 , 1988 pp No . 3636 on ' and—�1-1W, 1988; and ���REAS , at said hearing all those whowere heard and their testimony recorded ; an desired to be and heard WHEREAS , written statements have record in favor• and in o been submitted for the and opposition of the pending application ; WHEREAS , the butirci n and documentation s as carefully considered all testimony ubmitted concerning this application; and WHEREAS , the Board Members have personal ) familar wjth the promises in question y viewed and are the surrounding areas ; and ' itS . present Zoning , and WHEREAS the Board made the following findings of fact ; 1 . This is an application requesting : (a an ' tion of Article VI ) Inter Sec�ion tnn_�� ui a., r_ . pr a- IlUll- UI Al LILIA fl , hction 100-62 �6 ) referrinul 11J1 11IL�10011a- , centers ; and (b) as an alternative , a Variance to the g to ZoningOrdinance , Article XII , Section 100- 122 , from the one-acre ] o r�Q� ir-ement for a retail shopping center . t Z • The property in question is located in the "B- 1 " General Business Zoning District and is identified Suffol k .County Tax Maps as District 100Q , Secti Il 15 the Lot. 9 , containing a total area of approximately 34_, 700 q .Block • 3 , q L . �CONTI VIJED ON PAG- TWO , DATEn: May 988 1T 1 . CHA SOUTHOLD TOWN ZONING BOARD FOrm ZB4 (rev. 12181 ) OF APPEALS .Page A�1 . No . 3636 Matter f RTAN OIL CORP . Decision Rendered May 71, 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 t . feet; lisgsurrounded side properties zoned Avenue "A5$ - 89 feet . The premises Residential and Agricultural . 4. The following information is furnished concerning the premises , the existing building and structures , and previously existing construction for the record : (a ) During 1956 , the backpremises feetwas fromimproved northerly . one-story frame building se front property line [along the Main Road] and 71 ± feet from the easterly 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 tha.t 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 subildi nt to was llaced the as morebuilding was removed , and another bu ng P particularly shown on the June 16 , 1970 Survey prepared by - VanTuyl .A 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 const-ructed under a building permit: and approval by any other 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 1 95 7 ; (c ) On or about June 1 , 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 4.20-21 ; (d ) On or about November 23 , 1971 , the Zoning Maps were amended - to include the rezoning of tTis property from "A" Residential -Agricultural to " B-1 " 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 the newly located build_ Ln„g_ and or site as existed since its chaff_ n 198L to __hjt_ res�nt- tim?.; ( f) The record is unclear as issuan permits for the commerc1a T bu i 1 di ng and (g ) Durin 1, a986 or therea ".t , the si to d ULIL _ a were c nan nd as of thi s 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 3 Appl . No. 3636 Matter of TARTAN OIL CORP. Decision Rendered i�ay—T-2 , 1988 1 . extensive blacktopping , eliminating natural wooded areas and other natural landscaping ; 2 . relocation of one gasoline island from the previous location to a point 10 feet from the northerly property line ; 3. creation of a second gasoline island approximately 19 feet north of the building in the front- yard area ; 4 . relocation 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 two feet [21 ] 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 ) ; including , bu 6 . strucutural alterations of building t not limited to , removal of two 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 lines ; S. new placement of florescent (unshielded) - Wall lights 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 lighting under the roofed colonnade and the separate lighting poles ; Office area into acretailion store forasalesyofa be front prepared foods , and other items which are not incidental or accessory to the gasoline- service station use [see this Board ' s action rendered under App1 . No. 3633 same elate hereof j . 10 . location of a glass-enclosed telephone booth at the moSt northeasterly corner of the premises near the Main Road ; 11 . the most northeasterl `ec�ornerent fofetherpremound signs at Main Road. y premises near the 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 huilding as existed prior to 1957 , but 'which does not apply since the building referred to has been removed from its original footprint , based upon informatinn submitted . Page 4 —Appl : No . 3636 ' Matter of TARTAN OIL CORP. Decision Re.ndiered May , 1988 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 appear 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 ) , such as setbacks , site-plan consideration and approval by the Planning Board , appropriate screening from the residential properties . appropriate traffic access and safety consideration , building and sign permits , unobstructed corners at each intersection , curbing , shielded lighting) . 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 . B . Article VI , Section 100-62 of the Zoning Code reads as follows : 100-62. Retail Shopping Centers. Notwithstanding any other provisions of this Article, a building or a combination of buildings containing retail stores, mercantile establishments, offices, banks and financial institutions , commonly k.nown 'as shopping centers, maybe erected or altered in the 8 Business District,. subject, however, to the following requirements: . A. Approval of site development plans by the Planning Board in accordance with Article XIII hereof. B. The lot area shall be not less than one (1) acre and the lot width shall be not less than one hundred fifty (150) feet. C. At least twenty-five percent (25%) of the lot area shall be landscaped with grass and plantings. D. The required front yards shall be not less than thirty-five (25) .feet, except that where the property is in the vicinity is partly built up with permanent buildings and an average setback line has - been established, no building shall project beyond the 'line of the average setback so established. E. The required side yards shall be not less than twenty-five (25) feet. F. The required rear yard shall be not less than twenty-five (25) feet. G. Parking shall be provided in off-street parking areas which shall provide one (1 ) parking space, three hundred fifty (350) square feet in area , for each one hundred (100) square feet of sales fluor area or office floor area in each buildings. H. All rainfall and stormwater accuirrmulated on the premises shall be returned to the ground within the boundaries of the premises, I. The total floor area For each retail or service establishiient located therein shall not exceed ten thousand (10,000) sq. ft. ' Page 5 - .Appl . No . 3636 . Matter of TARTAN OIL CORP . nd Decision Reered_May , 1988 9 . It has been noted as part of the applicant ' s testimony that the subject variance should be granted based upon a prior Appeal rendered April 23 , 1987 under Appl . No . 3618 for premises now or formerly of Sukru Ilgin . Under consideration before the Board at that time was an area variance fur- approval of a convenience store for the sale of packaqeed and non- food items (without food preparation or on- remises food services ) , in conjunction with the xisCing gasoTine station wit minimal floor area for retail sal es ( less than 700 sq . ft . ) .... .:In that application an interpretation was not requested , and a conditional variance was granted for the small -scale retail sales area and further required that the use be. related , "accessory and incidental to the existing gasoline station use . " There is no interpretation of record by this Board determining any retail use to be an accessory use to a gasoline station . 10 . It is the interpretation of this Board that the definition of a retail shopping center is clearly deemed to be "a building" 'or a combination of buildings" containing retail stores imercantile establishrnents , offices banks and financial Institutions , wand that a+retail convenience store use , for the purposes of . selling prepared foods , alcoholic beverages , prepack- ages foods , and .many non-food .items., is not necessary _ for the operation of a gasoline-service station , and .therefore is not an accessory use incidental thereto. 11 . The application requests , as ' an alternative , a variance for the retail store ; ' on less than the required 43 ,560 sq . ft . of lot area . The lot in question contains a lot area of 34 , 700 sq . ft . , and the amount of relief, requested is approximately 8900 sq . ft . 12 . The amount of floor area for the retail sales convenience store has not been furnished . 13 . The site plan submitted has not been certified to comply - with Subsections A, .C, G , and H of Article VI , Section 100-62 noted above and appears deficient. No information has been furnished as to compliance with Article XI , Sections C , D , K , loading and unload- - ing . 14 . In considering the variance requested., the Board finds : (a ) the variation is substantial in relation to the requirements , being 8900± sq . ft . or 20% less than the requirement; (b ) a substantial change will be produced in the character of the .residentially-zoned neighborhood ; (c ) a substantial detriment will be created to adjoining .residential properties ; (d ) strict application of the ordinance will not prevent a reasonable return upon the property for the Page 6 - Appl . ' No . 3636 Matter of TARTAN OIL CORP . Decision Rendered M y 12 , 1988 existing use or other use permitted in this Zone District ; (e.) the project as submitted is not in compliance with all other zoning regulations of the Town of Southold ; ( f) the variance , if allowed , may cause traffic hazards at both street intersections , and accordingly will be ' adverse to the health , safety , order., convenience and welfare of the town ; (g) in view of the manner in which the difficulty arose and in considering all the above factors , the interests of justice will be served by denying the y variance , as applied , without prejudice . Accordingly , on motion by Mr . Goehringer , seconded by Mr. Doyen . it was RESOLVED , . to DENY the Application under Appl . No. 3636 in the Matter of T7TAN 'OIL CORP. WITHOUT PREJUDICE , as . applied . .. ( Vote of the Board : Ayes : Messrs . Goehringer , Gritonis , Doyen and Douglass . (Member Sawicki was absent. ) This resolution was duly -adopted. ' lk G RARD P, OE R fNGER, CeV RMAN n� 2 7 . TOWN OF SOUTHOLD OFFICE OF BUII:DING INSPECTOR TOWN IiALL SOUTIIOLD, NEW YORh CERTIFICATE OF OCCUPANCY NONCONFORMING PREJ\-JISES TIIIS IS TO CERTIFY that the Land Pre C.O. #- Z14455 /_/ Building(s) Date- May 301 1986 / / Use(s) located at 90 Marratooka Lane 16850 Main Rd Mattituck Street Hamlet shown 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) /_/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- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to 1 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 ov'ner of the above premises IMS 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. Cr a..t�CL_' iuiidinc inspector FOnM NO.3 'rolYN OF SOUT11oLu BUILDING ]DEPARTMENT TOWN CLERK'S 0I717ICE, SOUTHOLD, N.Y. NOTICE;OF DISAPPROVAL FileNo. . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 1);ite . . . . . . . . .� . . . . . . . . . . ., 19 . $. TO q 1'LF.ASF.7'AI:E NOTICE' that your application d:itccl . . .1'}1.4�S :�. . �. . . . . . . . ., for penuit to construct . y . l '�u�y;c�-!u4. . . .}?�� .�. . . �:-. . -. . . . . . . . . . . . . . . . . . . . . . at Location of Property . . . . . . h,1a;.:.. l-louso No. Streot ll�rrilet County Tax Map No. 1000 Section . . . . . Block . . . . .q . A . . . . Lot . . . . . . . . . Subdivision . . . . . . . . . . . . . . . ., l�ilecl 119ap No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned Ilefe11. S-F �Vi�ll and disapproved on the Following_l;rou it G�-. � . IS •, . ? ►� .��►-4u . -�. :4 . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Building.Inspector nv t/co WILLIAM D. MOORE ATTORNEY AT LAW SUITE 3, CLAUSE COMMONS MAIN ROAD MATTITUCK, NEW YORK 1 1952 (S 16)298-5674 August 19, 1987 Southold Town Board of Appeals Southold Town Hall,' Main Road Southold, New York 11971 Att: Linda Kowalski Re: Applications #3636V and #3633SE Tartan Oil Corp, Our File #161-87 Dear Linda: Enclosed please find one print of the site plan for the Mobil station in Mattituck showing the lights and previous location of the pump island. I have requested additional copies of the site plan and will foward them upon receipt. Permits have not yet been received for the use of .the property as a self=service gasoline station, and, in fact, that use has been terminated on the premises. With respect to _permits for the occupancy for the ' convenience store, there has been misunderstanding and disagreement with respect to just what permits are necessary to operate the convenience store. Applicant was advised that the convenience store was permitted on the property as an accessory use which applicant proceeded to do. Subsequently, applicant received notice of disapproval indicating that the renovation to establish the convenience store required a variance from the Zoning Board for shopping center status pursuant to Article VI 100-62 B, and that the partial self- service use required a special exception from the Board. Application has been made to this Board for approval of a partial self-service, gasoline station pursuant to the requirements for a special exception use. Application has also been made for an interpretation that a gasoline station/convenience store does not constitute a retail shopping center. The convenience store use is accessory to the principal use as a gasoline station, and as such does not require a variance by this Board. Southold Town Board of Appeals August 19, 1987 In the alternative, applicant has requested a variance from the one acre minimum lot size required for a retail shopping center. If a necessary building permit for the renovations which were done was not obtained, proper application will be made to the Building Department to remedy such error. Very truly yours, i am . oore WDM:er encl. DocId 081987. 1 �E -2- 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 accessory convenience store' use. " Thus in appeal number 3618 , the Zoning Board determined that a convenience store in conjunction with a gasoline station is an 3 i c 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 ' ;E (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 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) TARTAN OIL CORP: of 150 BROAD .HOLLOW ROAD Name of Appellant Street and Number MELVILLE NY .................................... .................................... ...... ................. ......................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ...............:.................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO WILLIAM D. MOORE, ESQ. ................................................................................. Name of Applicant for permit of S.Ul.T.E..-I..OLAUSE..C.OM.MOBIS.,...MATT.1T.UCX,...NEW....Y.O&.K.......................... Street and Number Municipality State ( X) PERMIT TO USE { ) PERMIT FOR OCCUPANCY { ) 1. LOCATION OF THE PROPERTY ..Narratooka Lane & Main Road, Mattituck, NY B-1 ........................ ........................ ............ .................... Street /Haml.et / Use District. .. on Zoning Map District 1000 Section 11561 ock 3 Lot 9 Tartan Oil Corp ..... ... Current Owner .... Iv1ap No. Lot No: Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articles VI &XIjections 100-62b 100-122 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( x) Interpretation of zoning ordinance re: retail shopping center definitio- 4. PREVIOUS APPEAL A previous appeal ftg) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( x) Interpretation of zoning ordinance is requested for the reason that a retail gasoline service station with a convenience store has been ruled to be a retail shopping eenter necessitating compliant with section 100-62B which requires minimum lot size of one acre. It is requested that .thie Board establish by interpretation that the convenience store use is an accessory use to the gasoline service station and not an additional or separate use establishing a retail shopping center of multiple independent uses . In the alternative, appellant seeks a variance Form zB1 (Continue on other side) from the one acre lot requirement for retail shopping centers . REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because fThe proposed use for a convenience store is accessory to the primary use as a retail gasoline station . The property is approximately 34 , 500 square feet in area making the requested variance small in relation to the required 40 , 000 square feet. The owner does not own adjoining property which could be used to increase square footage to the required area . The property complies with the lot size required for B-1 and it is solely because the gasoline station use coupled with a convenience store is deemed a retail shopping center that the variance is necessary. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because other B-1 zoned properties need only comply with the 30 , 000 square foot requirement. The gasoline station with convenience store is treated uniquely to require compliance with the retail shopping center provision requiring 40, 00.0 square feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed uses are permitted in the B-1 zone and the 40 , 000 square foot requirement for these combined uses is more onerous than the requirements of other B-1 uses . The combination. of a gasoline station with convenience store is not unique to business zoned property. Such uses have become commonplace as the demands of the motoring public have changed. STATE OF NEW YORK ) ss ................................ .............................................. COUNTY OF Suffolk ) Signature William D. Moore Swornto this .............................................. day of........................................................ 19 . ............. ............................................ ............... .. Notary Public y.I lj y� =5y SO uthold Town Board of A eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3618 Application Dated February 19 , 1987 TO: Andrew E. Goodale, Esq . [Appellant (s) ] as Attorney for SUKRU ' ILGI'N & 'OTHERS Main Road , Box 15A _. Mattituck , NY . 1.1. 952 At a Meeting of the Zoning Board of Appeals held on , Appri112�23 , 1987 , the above appeal was considered, and the action indicated was taken on your [ l Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a j ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article VI , Section '100-62 [ ] Request. for . Application of SUKRU IL'GIN AND MINE PEKSEN d/b/a OCEAN HOLDING CORP, for . a Variance to the Zoning Ordinance , Article VI , Section 100-62 for permission to operate convenience store in addition to existing gasoline service station uses at 7400 Main Road ,, Laurel , NY ; County Tax Map District 1000 , Section 122 , Block 7., Lot Ol . - WHEREAS , a public hearing' was held and concluded on April 2 , 1987 . in the Matter of the Application of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN 'HOLDING CORP . under Appeal No 3618, and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellants request a variance under the Provisions of Article VI , Section 100-62 , (which requires a minimum lot area of one acre for a shopping center ) , in order to establish a "convenience store " for the on-premises sales of packaged food and non-food items (without food preparation or on-premises food services ) , in conjunction with the existing gasoline-service station use . 2 . The premises in question is a described parcel of land located in the " B- l " Ge-ne-r Business Zoning District , containing a total lot area o�:11 , 984 s . ft . 3 . The subject premises is improved with the following structures : (a ) two islands with full - service fuel -dispensing (CONTINUED ON PAGE TWO ) DATED: April 23 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3618 Matter of SUKRU ILGIN AND OTHERS Decision Rendered April 23 , 1987 pumps ; (b) gasoline station office and two-bays , all as shown on survey prepared February 13 , 1987 by Peconic Surveyors & Engineers , P .C . 4 . The area to be used for the "convenience store" is at the southerly half of the existing structure of a size 27 . 6 ft. x 28 . 9 ft . The most northerly half will continue to be used as a gasoline-station office area . 5 . The consensus of the Board is to permit the estab- lishment of a "convenience store" in the southerly half of the existing structure to be used ac-cessor .. and incidental_ to the' gasoline-service station use , and- not as a__ separate principal business use . It shall be understood that only one exterior entranceway shall be permitted at the ,west side of the existing building which is presently for the gasoline- - station office area , and a second entranceway which the owner finds necessary shall be located only at the east side . of the. existing buildin.g . The minimum eight parking spaces must remain open and unobstructed at all times to allow safe and convenient parking for. customers . 6 . It is noted for the record that a site-plan applica- tion is presently pending before the Southold Town Planning Board , and Certificate of Occupancy #Z10810 was issued by the . -Southold Town Building Department on December 9 , 1981 to Peter J . Wa-rren and Linda L . - Ryan (predecessors in title ) for a gas service station . 7 . It is also understood that the existing vehicle lifts and vehicle-repair areas will be eliminated and replaced with this accessory "convenience store" use . In considering this application , the board also finds and determines : (a ) that the use as proposed is consistent with and will promote the general purposes of the zoning code and maps ; . (b) the circumstances of the property are unique ; (c ) there will not be a substantial change in the essential character of the neighborhood ; (d ) there is no other method feasible for appellants to pursue other than a variance ; (e ) the relief requested is substantial i,n .relation to the require- ments ; (f) the relief as conditionally granted will not prevent the orderly and reasonable use of this district or adjacent use districts ; .(g ) the safety , health , welfare , comfort , convenience and order of. the Town will not be adversely affected by the proposed business use and its location ; (h ) the interests of justice will be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr . Sawicki , seconded by Messrs . Douglass and Goehringer , it was RESOLVED , to GRANT a Variance under the Provisions 1 of Article VI , Section 100-62 for the establishment of a "convenience store " accessory and incidental to the existing gasoline-service station use in this "B-l " General ! ` Business Zoning District, as applied under Appeal No . 3618 , I Matter of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING CORP . , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Any additional proposed exterior entranceway shall be located on the east side of the existing building , (only one as exists shall be permitted on the west side ) ; 2 . The parking area ( s ) : (a ) shall be paved along the Page 3 - Appeal No . 3618 Y Matter of SUKRU ILGIN AND OTHERS Decision Rendered April 23 , 1987 east side of existing building ; (b ) shall remain open and unobstructed at all times for customers .use ; (c ) shall be sufficiently lighted ; 3 . All outside lighting shall be sufficiently shielded from the highway and neighbors ; 4 . A maximum four sq . ft . sign shall be placed on the front of building indicating "PARKING .AT THE. REAR" (east side ) FOR CONVENIENCE STORE CUSTOMERS ; 5. The "convenience store" use granted hereunder is permitted only accessory and incidental to the gasoline- service station use presently established , and not -as a separate principal business.. use ; 6 . No food service or sales of prepared foods ,, no cold cut/deli items , or other food services (except pre-packaged ) ; 7 . No expansion or further construction without reapplication or new application for consideration to both .the Planning Board and Zoning Board of Appeals , and any other department or agency having jurisdiction thereof. 8 . This variance is temporary for a maximum period- of two years , EXCEPT where a building permit has been properly issued and construction commenced to convert this building as proposed herein , within this limited two-year period . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , - Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . lk GERARD P . GOEHRINGER , NAIRMAN _April 28 , 1987 V VV k4ft` �` 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. 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 tr l GERARD P. GOEHRINGER CHAIRMAN lk cc: James A. Schondebare, Town Attorney �G��R� �� .� 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 1926.1983 LAIR G.BETTS FAX (516) 727-4130 September 28, 1989 Gerard P. Goehringer, Chairman Southold Town Board of Appeals 53095 Main Road Southold, New York 11971 Re: Tartan Oil Corp. v. Z.B.A Appl. Nos. 3633SE and 3636V Decisions Rendered May 12 , 1988 Dear Mr. Chairman: gnclosed please find a proposed stipulation of . settlement in the two Article 78 proceedings against the Board of Appeals. Kindly review it at your earliest opportunity and give me a call so that we can discuss it. We must act promptly since the proceedings have been adjourned for the last time to November 16 , 1989 . No further adjournments will be available so the matter will either. have to be settled or submitted to the Court the 16th. Ve truly your ll AIDld FRANK A. ISLER FAI :bm Enclosure 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- i 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. Dated: October , 1989 GERARD P. GOEHRINGER, Chairman BARRY TALLERING, President Southold Town Board of Appeals of Tartan Oil Corp. SMITH, FINKELSTEIN, LUNDBERG 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- l ' SMITH, FINKELSTEIN, LUNDBEB(I, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET F. O. BOX 369 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y. 11901 PIERRE G.LUND13ERG FRANCIS J.YAKABOSKI F (51G) 727-4100 RANK A.ISLER REGINALD C.SMITH SUSAN POST ROGERS 1926-1983 FAX (516) 727-4130 GAIR G. BETTS March 17 , 1989 Mr. Gerald Geringer Chairman of Board of Appeals of the Town of Southold Main Road - State Road 25 Southold, New York 11971 Mr. Bennett Orlaski, Jr. Chairman of Planning Board of the Town of Southold Main Road Southold, New York 11971 RE: Tartan Oil Corp. v. Board of Zoning Appeals, Town of Southold Gentlemen: As you both are aware, discussions- over the past months have taken place regarding the possible settlement of the above mentioned Article 78 proceeding. The settlement directly involves the Board of Appeals, but I am writing to the Planning Board as well since site plan approval from that Board is still required. I enclose a letter we recently received from counsel for Tartan Oil which generally sets forth the perimeter of the proposed settlement. Would you kindly review this letter in an executive session of your respective board and then get back to me. If you think it would be useful, perhaps the three of us could meet to bring this to a final conclusion. V ri truly your-PI FRANK A.. ISLER FAI :lh Enclosure LEVINE & ROBINSON,. P. C. ATTORNEYS AT LAW NASSAU WEST CORPORATE CENTER II 50 CHARLES LINDBERGH BOULEVARD MITCHEL FIELD, NEW YORK 11553 (516)794-6900 TELECOPIER: (516)794-6915 CARL S.LEVINE - COUNSEL KENNETH L.ROBINSON JOEL H.JOSEPH LOUIS ALGIOS March 9, 1989, Gair G. Betts, Esq. Smith, Finkelstein, , Lundberg, Isler and Yakaboski. 456 Griffing Avenue Riverhead, New. York 11901 Re: Tartan Oil Corp. v. Board of ' Zoning Appeals, Town of Southold Index Nos. : 88-10700 And 88-10701 Dear Mr. Betts: Pursuant to our telephone'. conversation of February 28, 1989, in . which-.we. agreed, to' an .additional adjournment of these matters until April 6, .1989;- ' . am' herewith: setting out in writing my understanding of the latest version of. the proposed settlement we worked out verbally in 'the' Fall of 1988. Since it has been several months since we last had any substantive discussions, and since I have no , record of any previous' written verification of our discussions, I thought - it advisable to reduce our understandings to writing so as to. facilitate' a. final resolution of these matters. . My - understanding of our proposed l.aoreement is as follows: 1. The Board will grant an area variance to permit the legal use of. the convenience store. 2. . The ' Board will ' allow the canopy. [I believe this is approximately the 'language you 'used, ,but simply "allowing" the canopy would be unacceptable since' in future .years its . legality might be challenged. We would. '.have. to insist : either - on the. formal grant of a . variance ` for the canopy, , or... some written or binding acknowledgement of . its.. legality which would satisfy future Town officials or arguably, a purchaser of. the, property should Tartan ever- elect to' sell:' i.t. ] LEVINE & ROBINSON, P..C... Gair G. Betts, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski March 9, 19.89 Page 2 3. The Board will grant ' the Special Exception permit for partial self-service. gasoline, :diesel and- kerosene sale. These actions would be - subject to the following conditions: A. A; 6.5' ', stockade fence be erected along. the two :(2) ' property fines -.,:.abutting ",residential,-" property, - [Our client- advises . that one, abutting property. owner immediately. to the East of the subject property' has. recently installed .such stockade fence along the common boundary; he requests permission to continue his required fencing from this. point, ,rather .than erect a fence parallel,�, to ' an existing fence, which would be costly and unsightly. ] . B. Lighting poles. 'at' rear of property . to be retained,' but fixtures to be. shielded away -_from residential .property; . [Our` client' advises_;.that this has already been done, but if, ` additional. shielding is required, it will within reason, be supplied.. ] C. Four (41 ) foot fluorescent bulbs on building exterior to..be- .shielded away from residences;, D. Telephone booth at corner of property to be. located closer , to the building, to improve visibility; .[Our client advises that this has already been .done. ] E. Food service to .be limited to pre-packaged items , plus the heating of previously prepared. foods, e.g. , hot dogs, soup, etc. , for off-premises -consumption; LEVINE & ROBINSON, P. C. Gair G. Betts, -Esq.. Smith, Finkelstein, Lundberg, . Isler and Yakaboski March 9, 1989 � . Page 3 F. Nonalcoholic beverages ..to" be sold before 5:00 P.M. on :."weekdays :;when ' the; school. 'is in, session, ie. , . no ' limit .,.on:°.such ".sales on weekends .throughout` the year*, �all week 'duri'n9 the summer, , and.:'school holidays,; [Our client advises that the school lets out at 2:14 P.M. each day, and that therefore this r.equireme.nt to refrain from selling, alcoholic `-beve.`rages b 5 . is efore 00 :onerous; and un.reali'stic ` He requests :chat,` this time -be moved up .,to 3:00.� P.M. ] G. There will be -no �.further . 'Public hearings before the. 'Board. ." 'Above,* approvals to be granted on the existing record; "and " H. Applicant remains., subject to Planning Board `site review, as, 'required under the ordinance, provided no Planning. Board ' requirements are in conflict .."`with these " Zoning Board agreements. There - is - one further .item ."which I do not recall discussing previously, and that' is 'the*.matter of the Certificate of Occupancy.", I Although a CO was issued.-,for .`this premises as a non-conforming use `on May 30, ; 1986 you :will "recall; that the. accuracy and' validity of' : this • CO ::came: into question in these proceedings. We would, "therefore request that as part of the settlement, the .Town 'agree to issue `a . new CO based on- existing conditions 'as approved by the Board of :Appeals, to (as with the canopy variance) prevent there being any future question .over the legality of the premises. Please advise me as ,.soon as .possible as. to the accuracy and acceptablility :of the above ' and..what the mechanics and time- table of a settlement would be. Sincerely., . LEVINE .& ROBINSON, P.C. By: .. o JHJ:dp Joe cc: W. Moore, Esq. B. Tallering _0��74 Yf``� (s147 � 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. ROBERT J. DOUGLASS June 7 ,, 1988 JOSEPH H.SAWICKI William D . Moore , Esq . Moore & Moore Main Road, Box 23 Mattituck , NY 11952 .M 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 �4 BOUNTY OF SUFFOLK pL !'E� - ^:c�:, Zap n,? � ,--•_. ��.�,�:ti.:� PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5513 DIRECTOR OF PLANNING June 3, 1988 Town of Southold Zoning Board of Appeals Applicant: Tartan Oil Corp. Mun. File No. : #3636 S.C.P.D. File No. : SD-88-18 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 as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria and more 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.I., NEW YORK 11788 (51 6)360-5192 . Memorandum from . Office of the Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 ' Date: 6/23/88 To: William D. . Moore , Esq . From: L i n d a Please replace the draft copy you picked up the other day with the attached, copy (which has been proofread and corrected as noted) , concerning the February 18 , 1988 transcript of Hearing for Tartan Oil Corp . Yesterday , we mailed you the corrected transcript for the April 14 , 1988 hearing of Tartan 'Oil . Payment should be remitted to the Town Clerk ' s Office for 14 copies . Thank you . a� �ls� 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, Wls Marratooka Lane and E/s of Sunset Avenue, 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 hearing 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 vievgfor 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 i Q 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 95% 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 df .-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 Th-e 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 one 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 back hav_: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 :2 0 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 kern= 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: Cod.e.now..requires and .there--have--been- installed;.-:fir-e- . supression of 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 s3 , 1988 Public Hearing --tan Oil Corp. Southold Town .Z.B.A. CHAIRMAN GOEHRINGER: Where does it come out? It's not overhead because thus-'.zr-e. .nowher.e in the canopy ,there . MR. MOORE: ,There are apparently pipes. .They do overhang. So there is a supression 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 products. 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 will 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- plicant 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 canopy 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 me when the notice of 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`- Februar; 8 , 1988 Publi.c, Hearing .- artan 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 betaken 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,.: ncredible interp.retation.,-.. 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 Bo.ard ..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 -.They came. in requesting . exactly_ the ,same type of .a use . on the, grounds that_ i.t 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 . .e_quire _.the approval- of_ either_.the_.. Zoning Board of,.Appe.als..or. : _-.P:lanning Board._--..They 're listed .in,.-separate- paragraphs and .are :customary and incidental to. So therels . no need for the use. to. be.-approved. Reading your decision on the - Texaco :station,-- recognizes t'h-is as an; accessory-use; ..is completely- logical .:,-: =It- made unnecessary, I .think, ..they requested...a.--.v,ariance _which is_ that .100,-62 -paragraph B; one acre requi-rement 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 i_n_ the code, It certainly._ doe.s.. .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 definition. because it doesn 't help people,_:later, one. :.. And_wha.t;a_00-6.2.. says<-i-s- that :a :retail .shoppi-ng 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- definiti-on, each and every, use. or: il-lustrated 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. accessor.y- use . It is two independent _ uses . I think we all agree that the A&P Shopping Page 5 - February 18 , 1988 Pub"11c "Hearing tan Oil Corp. Southold Town Z .B.— 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 plac.esthat 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 , give me 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 have, as I Mentioned before, been handed a paper with comments from the Planning Board expressly 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 intend, to, at the culmination of this hearing tonight, 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, ' 9 , 1988 Public :Hearing - -tan Oil Corp. Southold Town " Z .B.-a 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.- 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 .perfect.ly -frank) is. with " respect .to the self-service use. . Expressly, they're in : the "code and'-I fully agree "..i.n. 100-.70. subparagraph B. -You -go for partial self-service; that's one of the listed -use --requir7,-ng 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- agairis.t the "application?. This. :becomes . very . difficult , for me "to say this' but. ... In some some cases w,e 've gone too far "with some applications_. . And .in this particular _ ap.plication; " the :minute: I saw the;-porti, o•"over :-this gas.•,stati-on :. constructed, .I ."should:.have ":(as a citizen) , gone to the Building Department and .asked them to pull the permit.. `. "The portiGo , 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, par"ticular time, offer . a motion to the Board basically recessing this. particular. application indefinitely until ..such time .that: an appli.cations'=is_._brought 'be.fore :..this board for: the portico which :I --think 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 portic:.o . 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 th"e�=manner in =which I•.,am­saying 1it.-:arid I:-can- not 1. 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 . thi.nk that has to be-addressed first•: Page 7 - February 3, 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. BY 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•400 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 (Marra 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-il 14 , 1988 Public Hearing -Tai a Oil Co. Southold Zoning Board of Appeals MR. MOORE ( continued) : full-service station to a self-service station, 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 submitted a memorandum for your consideration as well . And pointed to your specific de- cision in the Ocean Holding Corp. case .which is a Texa'co 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 accessory 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 you disagree with me, we then seek the variance. Call us a re- tail shopping center. I disagree with that characterization and grant us the variance because we are 36,000 square foot parcel . The Texaco Station I believe, was an .11 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 Mattituck 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 first 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 indication that in fact , .the convenience store is an accessory 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 for every one in store sales. So we ' re not approaching a duel use or another principal use. age 3 - Thursday, Anri1 14 ,. 1988 , Public Hearing- Ta 3n 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. 14age 4 - Thursday,. " ri1 14 , 1988 Public Hearing - Tz an 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 reference 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 Ye 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 thePeconic 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 only 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/keno self-serve here, was that in fact , the distinc- tion between Peconic and Mattituck was that at Mattituck they had in- stalled pursuant 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 Vol kswagon 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 900 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 Vage 5 - Thursday, A-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 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 concern 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 yearn. 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 ask 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 - Ti. 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 telltales 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 rightly 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, Faye - Thursday, J1' i1 14 , 1988 Public Hearing - T& .in 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 I 'G' Linda Kowalsk as corrected is z Southold Town Board of A eats .0 �P MAIN ROAD - STATE ROAD 25 " SOUTHOLD, L.I., N.Y. 11971 � g r TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from ..the Zoning Code , Article VT:, Section 1-Q0=16.2 (B-) Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3636. Applicant : Tartan :0 .1 .Ca.rp , Location of Affected Land : Main Rd„Maratook.a, LaagSuns,et Ave_e ,Matti,tuck., NY County Tax Map Item No . : 1000- 115.-3­9 Within 500 feet of: own or Village Boundary Line ,ody of Water (Bay , Sound 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 . COMMENTS: Applicant is requesting permission tcx ,for an Interpretati.on of "'retai.l shopping center" and pe.rmi.ss:i.on to es.tablis:h. convenience store. as an accessory to th.e. e.xis:ti.ng gasoli.ne---s-e.rvice 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 5/27/88 To: Georgia', Secretary Building Department From: Z . B .A. Office Re : Appeal #3636 and SE #3633 Transmitted for your files concerning premises of TARTAN OIL CORP . in Matti tuck - 1.000-115-,3-9 i.s 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. �a Southold Town Board of Appeals -4. 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 May 27 , .1 988 JOSEPH H. SAWICKI William D. Moore , Esq . Moore & Moore Main Road , Box 23 Mattituck , NY 11952 Re : Appl . N.P . 3636 - Tartan Oil Corp . (Variance ) Dear Bill : Transmitted herewith for your records is a copy of the recent findings and determination in the above matter , the original of which has simultaneously been filed with the Office of the Town Clerk. Yours very truly , GERARD P . GOEHRINGER C RMAN - By L1nda Kowalski R Enclosure Copies of Decision to : Building Department Planning Board Suffolk County Department of Planning ION ( 1st) (� OUNDATION ( 2nd ) m 0 . G OUGH FRAME & J PLUMBING. • u_ �r - y • rn LT1 r 'INSULATION PER N . Y. STATE ENERGY CODE x J ---------- FINAL z ADDITIONAL COMMENTS : x f.�. r N R_ I• t y • r t y ry. . v • y V i ARPFlQVED'AS NOTED .� TE_ �� R.P FED.. BY- 'V !'30T31FY ILDING DEPAI�ITR1��!T TAyT AM To' A PM FOR OWINQ ISISFECTIONS: - I t OM FGijn:I A r tt_� 'rW0 REQUIRED , OCC Ao GH!PRAMIN ry USALAIN "U'L 60�tr`,ta �?.i��IRIvIG i P�.IIF� EN+� ��° �� Cc "ATE rRTIFit; oR f"t7. ALL F``1*1i'I,6 �SM LI_ 14MFET i THE -"CY OF 0"%CUPA' S TA TIE CONgi CODg:S NOT _" ���u•� �.���. ��1:��:5 a�rd`�.•���.yi�a a'Z®pJ. rArt�L P�.�P �i�T ►(d� NO... DATE, REVISIONS BY AP°V'Q TAX MAP: . S'G„' -I IIS- GL-►G, L-,cT 9 . Z00E,- 2h 1 P►c2'� �A t L 4012PO p,o.god 1509W&4 a Lbw 2v� M1=i,yl t TITLE:. ®P 12 r. S 2S" 6,67: MA¢QATooW_A tA­ AVE : -MATTtTV04 c �'b� w,CN � r;may► d � - .. •, - - ' PETROLEUM ASSOCIATES M.H. DELITZMAN P.E. G.F. SCHAEFFNER ;V % :�r 58 CHERRY.LANE G� 112 HOWARD AVE. «° SMITHTOWN N.Y. 11787 MIDDL.ESEX N.J. 08846 516-265-2256 201=356-5188 .. OWN. DRAWING NO. REV. CH'K'D.BY .:M. .D. t SCALE: I I•v► o,� Ta - .87_ SHEF-f OF {: Jr IL t 1 J` of P,,V' j U1 w n 4137lS Fo 1 - j . tt Q� A�P14ALT- PavJ- f 9s.9 14m,, Uap Ccaseo f.OJO ( ro cvrrol. 1 t � .. .t l +99•ss f r J({ 1 24-o'X 59 0 Cameo (� dVsrZ y LscA� L: �s 3 1 YO I - �1(�G rStA A r 5 VV � l O I ,. �t r� C1f57L',S.?. C i 6 i c.K r \\VVr 5�4v �y:o•, rgax.dT. MPD �f i6i" fl i M 3 } x s ra. A¢cq l rs. E<Jo.0f 97-75 If B3.-.i0' _oo• Y. �:. "r, t �� i';r 4�e.eL .. G G i ii• NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA. SELF-SERVL• GASOLINE STATION& CONVENIENCE STORE, AS WE FEEL IT IS AN ASSET TO THE COMMUNITY. 1 I• / Name / Address 17 Xl 16 u ' i . lU t�•: �,i�e l I c.Q � La�Lc.G - I 1i) zz �� c-r YI NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, ( SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA; :[ SELF-SERVE GASOLINE STATION-6 CONVENIENCE STORE, AS WE FEEL IT IS AN t I ASSET TO THE COMMUNITY. III Name Address - tr / /V,ysrZ- ZZ i nn /I dIJ �FvErp-57 rl 4t 7L"7-, { ilQo rvt /�icLr t { cs ` .yl�� • NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA? .. SELF-SERVE GASOLINE STATION 6 CONVENIENCE STORE, AS WE FEEL IT IS AN 11 ASSET TO THE COMMUNITY. i Name Address I -Fomin it g Ze `C c i ud `� So�rLlo 61 , A. 1l 401 q JL JA is �. ' c=r . .. NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, '. SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAI j SELF-SERVEGASOLINE STATION& CONVENIENCE STORE, AS WE FEEL IT IS AN i - i'lASSET TO THE COMMUNITY. i Name Address I` e.I �L� L '13 7 S - a i'Yb I-f i i r 77i7e c.r i oo •YbL �.t 4� G c=r NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, ill l'..SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL jSELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN ( ASSET TO THE COMMUNITY. ' i Name Address I C—v WA ��A�4t� I �c ,cc1? IL-- 10 1 J.e_ c..e NOTICE OF PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, :; SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA . SELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN k, ASSET TO THE COMMUNITY. s_. Name Address Li CLIT LT If _ .:� � ��-•w`.�:.�,-�- pis— ����...� i��•--�� Ci �,"_. �[Cyr ol? l T i i o ✓�-!� ce In I1 ' • c-r NOTICE OF PETITION + WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, '; SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAi , SELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN j'! ASSET TO THE COMMUNITY. - I ' Name / Address L M a Q- cittiQ c\ a } I\� - Q i /-r10 7�cJ t La Sz� .cry ,a5 cd G• � L al" CLAJ uv .. .....III .....,..,. , . -:� ....w,,......-....,'r..•..�_. ._..(-- . . �.._. __.�\ NOTICE OF PETITION ii j; WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, i'jSUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIAL SELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN J.ASSET TO THE COMMUNITY. u Name Address l do c 7, flow r C a h� `3 e �bk Dr, Ncrh�Alc � \, + -7A, W/yllT AL �-a .. _III ...� _w-vvwww..� ..._..._...._.:� _• .` NOTICE OF PETITION \\ I WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, IISUPPOF.T THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA; ': SELF-SERVL• GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN '� ASSET TO THE COMMUNITY. = I� !I Name Address 0 — � �S� S'✓NSLT Z FJN� �J,// ti 12 � 1 i i C .j l 1 U .._........_...................... ...... NOTICE OF, PETITION WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, ;jSUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA SELF -SERVE• GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN IIASSET TO THE COMMUNITY. - !I ii =` Name Address }. i /Xv ( . Ad z� `� A)w/ G G-: --- ^- ^---- iI NOTICE OF PETITION ;J WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK :•::: SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA ':.! SELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN 1IASSET TO THE COMMUNITY. " !I ' Name Address i� Al I. _ I I� k L L G ' LtLo ` i 24- ffiii /. �. m r �. ._-- --- .... . - -- -----•--- -NOTICE OF-PETITION II !II WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, NEW YORK, !I SUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE A PARTIA .I ( SELF-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT IS AN i� ASSET TO THE COMMUNITY. I , iG 'i Name Address 67 Ma V64-tudc Al- I: • � /u L �,o1j ,, I u s I I i I I I II i' G • GY NOTICE OF PETITION G WE THE UNDERSIGNED RESIDENTS OF THE TOWN OF SOUTHOLD, IISUPPORT THE APPLICATION OF TARTAN OIL CORPORATION TO OPERATE x: . SELF'-SERVE GASOLINE STATION & CONVENIENCE STORE, AS WE FEEL IT I. �l r V i ASSET TO THE COMMUNITY. ——— s> [" �\ '• Name Address V 1 L; - - " I1 wcc" 41 ZZ ?At LL_ r - 21411 ------------- Cyl fil y- C L R At T ZoNIA.(r Al A A 4.r o f FFuS. 3 Lt 5'71 77 11 1_ r I� � a ~�•'rn f J a �'• , 9 II J Roao � r E A T P E C o N 01• l , �4 Y,• • il � 9 - ` HARBOR ��-fir-�/ �• � � -Q- � I ill. jZ % sue. � Re5IlaCHTIAL 4 A GRI. "C", INDUSTRIAL �= o 07-7 0' W. VAN 70-7� SON r .. i Lisens�s Lan� SUr✓CyUrs ; ; C -�� . �• Zp1.82 70 p0.E. oNk- SToaY w FRAMs. B'LDL• .. � I ,j Z � W � > J . O Q a N Y N N OO h z Z N. SS' 3.7'40" W. ZO0.0 Q CEDP-IC H. WICKHANI MAP OF PROPERTY ..SURVEYED FOR MAR.RATOOKA CORPORATION SITUATE AT MATTI 'TUGK n ,,n SUFFOLK CO. , N. Y. �� GUARANTEED TO TITLE GUARANTEE SCALE : 60' a 1 " TQuST Co. , AS SWLVEYED JUNE S. 1956. a l ctoiv PtPe OTTO W. VAN TUYL � N S O p _ GRAN. OR CONC. MON. �• °�'� �` LICENSED LAND Su6z.VEYOfZ5 GR.EE01POSz.T , N. y NO. FORM NO. 6 TOWN OF SOUTHOLD Building Department ' Town Hall Southold, N.Y. 11971 765 - 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY T '��� �� r; i`F Z�LD Instructions A. This application must be filled in typewriter OR ink, and submitted to the Building Inspec- tor with the following;for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code (compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. G For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner o I r previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling $15 .00 3. Copy of certificate of occupancy $1.00 4 .Vacant Land C.O. $5. 00 5.Updated C.O. $15.0 0 Date . 4 .�.7. . �0. . . . . . . . . New Building . . . .. . Old or Pre-existing Building . . . . . . . . . . Vacant Land . . . . . . . . . . . . . Location of Property . " e:d:s MAC n`+�'�'V`�' l r'r►.� . . . . . +�I�-uC'V . , House No. "street �g,:j LLI- G^S_!j� Hamlet e Owner or Owners of Property � . .. .. .' . . . `.: . . ? j. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County Tax Map No. 1000 Section . . .�I . . . . . . . . Block . . . . . . . . . . Lot . . . . . t... . . . . . . . . . Subdivision . . . . . . . . . . X. . . . . . . . . . . . . . . . . . .Filed Map No. . . X . . . .Lot No. . . . .!1 . . . . . . . Permit No. . . . . . . . . . . Date of Permit . . . . . . . . . .Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health Dept. Approval . . . . . . . . . . . . . . . . . . . . . .Labor Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . . Underwriters Approval . . . . . . . . . . . . . . . . . . . . . .Planning Board Approval . . . . . . . . . . . . . . ... . . . . . . Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . . . k .. . . . . . . . . . . . . r Fee Submitted $ . . . . .f-1, . . . . . ,�� . . . . . Construction on above described building and permit meets all applicable codes and regulations. Applicant . . .J.�� 1�. J::�"� . . .� .�. . . . . . . . . . . . . . . . . . 49,` bti� 6- l u I Rev.10-10-78 by F I MEMORANDUM TO : Zoning Board of Appeals FROM: Valerie 'Scopaz, Town Planner US RE: Appeals for Tartan Oil , Marratooka 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 to 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. 1 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 i 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 accessory %convenience store' use. " Thus in appeal number 3618, the Zoning Board determined that a convenience store in conjunction with a gasoline station is an 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 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 . Ue have also enclosed photographs of beer cans thrown onthe side of the. property. There was never this much debris before the Convenient Store opened. Accordino to the site plan submitted they, ha,ve not followed it. In closing we would like to mention that we have pur— chased property elsewhere and plan on building a -new"lhouse due to these problems . Ue ha-ve: and people look at our house from the outside but do not Wish to even see the in— side because of the Gas Station. Ue appreciate. your time and consideration concerning this .matter. Sincerely, j Paulette & Ct2gory. Ofrias 225 Sunset Avenue Mattituck, JY 11952 298-5345 OUTHOLD CODE _ 12 ZONING § 100 112 which they are accessory or, ` spaces therein are located NI No service of any kind shall be permitted to be ex- �t walking distance of such tended to users of the lot, including automobile ser- ling spaces shall conform ' vice, repair or fueling, and no gasoline, oil, grease or e district in which parking s other supplies shall be stored or sold in any,such lot or io event shall such parking. "' in any garage on such lot. dence district unless the use to a ' Parking areas shall be screened by a substantial wall, pry is permitted in such residers fence or thick hedge,approved by the Planning Board. .4 by the Board of Appeals. �~ Generally, such screening shall not be less than three i Such"'"" ' 'ie ownership as the use to which (3)feet nor more than eight(8)feet in height. ��'i ' 11 be subject to deed restriction kgulations for parking spaces adjacent to lots in any ding the owner and his heirs and ijaeidence district. x quired number of spaces availahlj"� xistence of such use to which ?jll Wherever a parking area of over five (5) spaces abuts 1 such spaces are provided el ?` or is within fifteen(15)feet of the side or rear lot line of n ,:. a lot in any residence district, the said parking lot ' istrict boundaries. When a parkin shall be screened from such adjoining lot by a sub- i one (1) district and partly in 'x' stantial wall, fence or thick hedge, approved by the ulations for the district r z equ , Planning Board. Generally, such screen shall be not � {_# •' f parking spaces shall apply to less than three (3) feet nor more than eight (8) feet in 3s on such a lot may be located height. lines, provided that no such p :aced in any residence district Whenever a parking area of over five (5) spaces is Y accessory permitted' located across the street from other land in any are accesso is I proval of the Board of A �� residence district,it shall be screened from the view of ppeals. such land by a thick hedge, wall or fence, approved by i t ins in multiple-dwelling or a the Planning Board, located along a line drawn ^ ; cents. parallel to the street and a distance of twenty (20) feet !!� cc is provided for the parking of therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such aes in the open, such spaces identified by means of pa screening shall be less than three (3) feet nor more than six„(6)feet in height.The open area between such screening and the street shall be landscaped in har- ' ace shall be located in any front ? mony with the landscaping prevailing on neighboring ;i s propert '` ies fronting on the same street. Two (2) feet of any lot line inside or rear' identification and directional signs located on the of motor vehicles is prohibited �•I' street side of such screening shall be permitted; t of any wall or portion thereof of�'' S however, they shall not exceed an area of three (3) dwelling, which wall contains �+. square feet each. tthroom or kitchen windows) with' than eight (8) feet above the level t priveways. No driveway shall provide access to a lot 'S space. located in another district, which lot is used for any use prohibited in the district in which such driveway is located. 10046 rs; 10041 7• Y' Flo I "g f k moll �,� � INi"'3 � � ���t` 4SIi s`y /n"a!��riS����• � .•.T: S �Gi J z ( - ��a,. 1 i(•to 1`. ,.•L ,^<(C: �1 . l A!' '4?f ��.: ��e-pr''y��`I r.•L�,+ {k' j ,`'.l - i r� j .q. ��/�q�•A`&t$r� xx'i�\ )rrc� eti°L'\.j i'ro`µt,lpAi9'li','''�r "„'Y"'s�tt i '., 1; '? `,i• at r .r�`•l'�A �'�;b Gy'I1" � , t 1 f' r i � "ly ' Nr-,'ke '"sh.�; •y, • . tog -'c'ur✓ •�`�'�•�'"vc://� _ ,j;, t i •+�' tt �t v^�.�,!��fi�.r.�`•. j �''t,+s . Ah- �.'V7q���ti,•��l -' �✓'�l`rk. te ,'� i��, '�r �, •y, St4i 'a L�c.. r d�t '�'�..`t`r -4t �' l `ydry�hY,-�f+�' �iY�+"' I+?; �+' t Q'e`�'? � '� }.b.'+�/• y+a ' '� �^ ,}\y+ +�yyy,,[,' 1 '�[f���1..4e^� R' a ,� } 1 Katy ` 42P53� 'N �7Lf,k"�ry�2<r+ i`+ 1 hr�S `\y xEPri.:. SS __,�,.�..,1t1s� ,";•?-=^` ' r`A�». :`, ,.ri '` t'�:;t6c•�,%SS.'it. ,,,- ..s;'�.' +S i. .`�Y" 3,^.:rnlY �" �. .i: ,�° ;a.,..atYl ��A (��.i+1R,��-�ri°tl��'°, a ��.s���s'fe�l� ��0�•��a$T��v ei wx-9417 dy$� `��,�ir ����ta a a + �t 'i k ���r � + ;D+�t i"►r• ` � °oWE t CJ`i��7{'�+ rr�� .11' 'fit�•�'t;� 4a 1 � r�t +`` ryjl• Rri'I�e�`. �`� 1�� �5INA �� r� ,��•�tuutt,,�`�'i Y� ,�•y� \'<a � l�4Ld��L��Ir�'l►�tl�et �a if��' !! p a 1."� � r'e a 1•a g`S���'IL li, i•r.t.�S �t ! ) '.'i (��41lit ..t{ t ' "�.ti "+�'�-i t� i .eiy d��' , ++R't� rid �' ,,,•�'Va P �} o i t ta✓ ) •"�^ ,y _ {Yit:.tiiL�"f :t,yc'�`yZ ^2i 4 1.>r�) 4�. s aY,T ''.s '� •_.<T' \\ k: 4 f t ' � ,+S'��r ,•e�4�`�' ~,+ 'J7 � � Y' 'a-'+x`"}tee �,A:, '�'_ ti4r� ljy�/,�-1\/\ e ma 's �•�'i t .�i- . ♦+sJ Off'�;,�.J--.rt'd^.��,r�.# „r ✓ 2`a S',Sr d' a ✓Z i 5. + n.} i hMW AAl ARM, 08 .m tt� moso'� �"�@s��' t, �`i �►� �•1=. ������+� 1 O'+r. v + +�rv; is-�' ;m e`*A!�\�i � 1���`pai+/>►'f r*' a ����L\\.. ,kt�, +� , ly� � `•q,. 1 �'"°' �„i; ,.)y ��►K R'i �• �'.•Jf� (l. •/+ ,)! �..t � ff v�31i. ��1 4 4 �`'t''� i�°ia��t� �'�'v�'�, �'9 ''��Rl�jr. ..�f��. ►'[ 1 4 �� �.,• 1� --4 01 V 1''yy) �.I���,,fjj�CJtL''1 r4j{•rt ke s�7 +t'�.T����ttpd"` �\`, •:. L jr.\ ' ij il6 t 7 ai i t ty d /�y+ '1 r( 74 <+Ii t tt ' ` [�N\. �•t.�i t, .1 a h`�� � '� tt +rlrti✓a '� ;,� .. •.'!�. `,. ,3�' K�.4 Yf�1 t �.�).t,s+.r �., ..� �� �>r i� rt -•fir ', '� 'It � � �i+t�+.y•: ' _ _`.3 �A�f• ' f• it�\$ry�, A �• ! ��t� h'T.. ��'���. _ •-� '` �- ✓ �r[j,' t t:rLi'�.s.r Lnc 1 , ,j i' t t���'•, .�SQ �'r".t _� �2='�—. .y4:�"_'`�;ai4=r7 ''. �Ty,:� 4 t._., -:u�t'�,« ti, ,�1"`�.�3 �a`��•�'t:S+ }�r \` tit► y� Ni r V Hamm:. ,�p��,, \c �A�•7 e�-� d°s V(,� �.��t,a r may,wf+yn'� `►'r� �'A �c "P�ir- �� `••'�-�yIYtfi6l�C�. i�cp ��y�`, t' Qll•/� It il ?,� �r'�'a®��y� MIT �� ;®► ;INK I ,\ e 1 } �tb�?i _a"�� t��`►<iit �'a °� "P., 1 •` + j® f i �DrOyC } a sw .'wp '' �.r►.1+ _ •�0' MI,vpa0'� Oe '�'R 1�rt :/ Vr •;�a,,iC,'- P RONf • �r ys�, <r,•. � 1 M, �. AA ,���. -, �LL�/.eF �AFmy ���1 =�+� I� � yr, I W •�� ► �- .�� Ql �.�; �'Kolr Jt� r � 0 f i , ' {^§.g i. c 6,3 !r Rom.... 1 'r ." •�), � f Rv rA rR1►' .'� a•,. ,���s'�►y./c• t ` 'a6►�?ir/e.a/ .3y� �a� �({ �t�l• r��� I "'•w\;J�'iii��.�.�►S��. �`�� .f.\jL11,,�'t..�.� �'�,a, `v 1�;Fa^^i+S,%",r �.� �� I� y�sfl_. . ;� .�Y. 11ra,,J f`t•7ar.•":/A-7_ :a►�` �� �ac'�-�1'R1I���I®,� � r i��" Y4�: ��a, n�• Am at`vtti'�1� t'�'�''``•����, ��0 � ,�►�i°`7 `�>4���� �.� h y� ���!,�..G�c� i�; ►s-s kW•3 IN�\ r h? � af.� y 7 f A. zi '' I Wf i{� ► '. hory �i •�,v i ,ilk s r N MA M,.: � 11 ,�y �; r� O �►�% �f/ �.. �- 1J. .• i =�751L+- ,!,•it`r +_f'1� !,1'�,M,)7,` ���f4'ti j.�f/ � 1 1_'�� {,' •� 4174`05� �j)���°Y�9�►� 1�"•�,':�,@r�.:1f"'i�;•ry�,''-��!�3 1�.1 y, .: r ��c�`C�ty�'i r�'Aotl t�'ts�+l� �L '! °)+ {1p` � 1 it / xt�u i!,t,�i,�4 ?.r �7t• r� f &Q 3 R� r:1f Oa' r't/+���t�� �'�'�" Ifl �� �Rillffr r� rR 1f • i� }f 1 .%ir T •. �t. ��viv:� �1���Rh`i Ce,?•. W.r`�1• 'Qs�p'r6�" Q _1 Q+r• '�(, `'`�� "�f`rid' r•"`+ 40, fl�Fl!•D,,t��r�)'��r11 "' ;,��'3 r';'•+til ':k..4 Y!I _I•.c���;y i i �`ar1• �' € 1 = LtaF',J t1�r -< � •..�.� ���r��i Ii� ' l• I :�.'�n�1',t1r, Vi}I`'yr.: `lt�''• ',, l�� 1. 4, _ fa k; i d�y �, � ►' 0iXl� 1 fSw`, a i ?A r �a °•c at •azs� �id� 4�?°�3'oty'��¢'!'1{4i7 i i� 11_ � x� a � l J '��/ ✓ S4 �4 ti t+• Ll � ��v'�t b�•`y j2 _ t ___ / f r7:'�^m�l�•�I' , '.�'�x Z-tea d_ �__ __ - %�\ f •C .may.a.�,'�> DvE' LD Southold, N.Y. 11971 (516) 765-1938 September 15, .1987 William D. Moore Suite 3 Clause Commons Mattituck, NY 11952 Re: Tartan Oil Site Plan S/w/c/ State Rte 25 and Sunset Avenue Mattituck, NY SCTM# 1000-115-3-9 Dear Mr. Moore: The enclosed application for the above named site is being returned because it is incomplete. Attached to this application form is a listing of the missing items of information. Since the Planning Board has been asked to respond to the Zoning Board of Appeal_: s request for a recommendation on the two separate variance applications before them, please include the following information with the application when it is resubmitted: 1 . Floor plans showing location and area of proposed convenience store. 2. Parking requirements for proposed convenience store. 3. Proposed location of required parking. If there are any questions, do not hesitate to contact this office. Si cerely Vale Sc ay� Town Planner cc: Bennett Orlowski, Chairman Gerald Goehringher Victor Lessard P T D & qa T a 5L y �� r�s e6.� of �rju 2 old Southold, N.Y. 11971 .(516) 765-1938 MEMORANDUM TO: Gerard Goehringer, Chairman, Zoning Board of Appeals . FROM: Bennett Orlowski, Jr. , Chairman, Planning Board RE: Tartan Oil, SCTM# 1000-115-3-9 DATE: October 9 , 1987 In response to your request the Planning Board reviewed the plans that were submitted in support of the application before your Board. The applicant does not have a site plan application before the Planning Board. The plan before the Zoning Board as stated in the enclosed letter, we have requested that the applicant submit a site plan showing the following items: 1. Designated curb cuts and curbing along S.R. 25 and Marratooka Lane. 2. Drainage calculations for on-site stormwater retention. 3. Landscaping along S.R. 25, Marratooka Lane and Sunset Avenue as well as on-site. 4. Designated parking spaces for the "proposed" convenience store, along with calculated parking needs based on the square footage of proposed retail use. WILLIAM D. MOORE ATTORNEY AT LAW SUITE 3, CLAUSE COMMONS MAIN ROAD MATTITUCK, NEW YORK 1 1952 (516)298-5674 P November 19, 1987 Southold Town Zoning Board of Appeals Southold Town Hall ( I, Main Road Southold, New York 11971 Attn: Linda Kowalski Re: Tartan Oil/Mattituck Mobil Our File Number 161-87 Dear Linda: In confirmation of our telephone conversation on November 19, 1987, the public hearing to be held/with respect to the Tartan Oil Mattituck station should be held in abeyance until the Southold Town Planning Board is able to provide input with respect to the site plan. For the Board' s information we have resubmitted the site plan for the Board' s consideration, and we look forward to hearing from them shortly. If you have any questions, please do not hesitate to contact me. Very truly yours, U� William D. Moore WDM:er DocId 111987 .4 n a PJ T D SL 1 � Y Southold, N.Y. 1197.1 (516) 765-1938 M E M O R A N D U M TO: Linda Kowalski, Secretary, ZBA FROM: Valerie Scopaz , Town Planner DATE: September 17, 1987 RE: Tartan Oil Site Plan at Mattituck This,.-.is.'.to notify the Zoning Board of Appeals that the Planning Board has returned the above mentioned site plan, to the applicant' s attorney, Mr. Moore, because it was incomplete. When a complete application is submitted the site plan will be reviewed and the Planning Board will respond to the Zoning Board' s request for input. See attached correspondence. Cam , D T - 4 L D 0 � " Ne 4 Y Southold, N.Y. 11971 (516) 765-1938 September 15, 1987 William D. Moore Suite 3 Clause Commons Mattituck, NY 11952 Re: Tartan Oil Site Plan S/w/c/ State Rte 25 and Sunset Avenue Mattituck, NY SCTM# 1000-115-3-9 Dear Mr. Moore: The enclosed application for the above named site is being returned because it is incomplete. Attached to this application form is a listing of the missing items of information. Since the Planning Board has been asked to respond to the Zoning Board of Appeal:: s request for a recommendation on the two separate variance applications before them, please include the following information with the application when it is resubmitted: 1. Floor plans showing location and area of proposed convenience store. 2. Parking requirements for proposed convenience store. 3 . Proposed location of required parking. If there are any questions, do not hesitate to contact this office. S1cerely Vale Sc a� Town Planner cc: . Bennett Orlowski, Chairman ',•Gerald Goehringher Victor Lessard P � I Southold, N.Y. 11971 (516) 765-1938 M E M O R A N D U M TO: Linda Kowalski, . Secretary, ZBA FROM: Valerie Scopaz, Town Planner DATE: September 17, 1987 RE: Tartan Oil Site Plan at Mattituck This....is...to notify the Zoning Board of Appeals that the Planning Board has returned the above mentioned site plan, to the applicant' s attorney, Mr. Moore, because it was incomplete. When a complete application is submitted the site plan will be reviewed and the Planning Board will respond to the Zoning Board' s request for input. See attached correspondence. 6 FD(if Gel p: N , D T LD ,- S L i`Q Y Southold, N.Y. 11971 (516) 765-1938 September 15, 1987 William D. Moore Suite 3 Clause Commons Mattituck, NY 11952 Re: Tartan Oil Site Plan S/w/c/ State Rte 25 and Sunset Avenue Mattituck, NY SCTM# 1000-115-3-9 Dear Mr. Moore: The enclosed application for the above named site is being returned because it is incomplete. Attached to this application form is a listing of the missing items of information. Since the Planning Board has been asked to respond to the Zoning Board of Appeal:'-s request for a recommendation on the ___ ___two separate variance applications before them, please include the following information with the application when it is resubmitted: 1. Floor plans showing location and area of proposed convenience store. 2. Parking requirements for proposed convenience store. 3. Proposed location of required parking. If there are any questions, do not hesitate to contact this office. Si cerely Valerie Scot' Town Planner cc: Bennett Orlowski, Chairman Gerald Goehringher Victor Lessard r M e-,e c ;r-e FO(k T LD S Y Southold, N.Y. 11971 (516) 765-1938 . M E M O R A N D U M TO: Linda Kowalski, Secretary, ZBA FROM: Valerie Scopaz , Town Planner DATE: August 27, 1981 RE; Tartan Oil Site Plan at Mattituck Please let this confirm that the Southold Town Planning Board is reviewing the above mentioned site plan, however, we:i.will need more time to adequately review this and respond with our comments. We anticipate that we will have completed our review within the next 2 - 3 weeks, and will then-''forward our comments toc:you. Thank you. WILLIAM D. MOORE ATTORNEY AT LAW SUITE 3, CLAUSE COMMONS MAIN ROAD MATTITUCK, NEW YORK 1 1952 (516)298-5674 G V f August 19, 1987 Southold Town Board of Appeals Southold Town Hall, Main Road Southold, New York 11971 Att: Linda Kowalski Re: Applications #3636V and #3633SE Tartan Oil Corp, Our File #161-87 Dear Linda: Enclosed please find one print of the site plan for the Mobil station in Mattituck showing the lights and previous location of the pump island. I have requested additional copies of the site plan and will foward them upon receipt. Permits have not yet been received for the use of the property as a self-service gasoline station, and, in fact, that use has been terminated on the premises. With respect to permits for the occupancy for the convenience store; there has been. misunderstanding and disagreement with respect to just what permits are necessary to operate the convenience store. Applicant was advised that the convenience store was permitted on the property as an accessory use which applicant proceeded to. do. Subsequently, applicant received notice of disapproval indicating that the renovation to establish the convenience store required a variance from the Zoning Board for shopping center status pursuant to Article VI 100-62 B, and that the partial self- service use required a special exception from the Board. Application has been made to this Board for approval of a partial self-service gasoline station pursuant to the requirements for a special exception use. Application has also been made for an interpretation that a gasoline station/convenience store does not constitute a retail shopping center, The convenience store use is accessory to the principal use as a gasoline station, and as such sloes not require a variance by this Board. Y - L Southold Town Board of Appeals August 19, 1987 In the alternative, applicant has requested a variance from the one acre minimum lot size required for a retail shopping center. If a necessary building permit for the renovations which were done was not obtained, proper application will be made to the Building Department to remedy such error. Verkyam . yours, iA ee WDM:er encl. DocId 081987. 1 -2- jr WILLIAM D. MOORE ATTORNEY AT LAW SUITE 3, CLAUSE COMMONS MAIN ROAD MATTITUCK, NEW YORK 1 1952 (516)298-S674 August 4, 1987 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Tartan Oil / Mattituck Mobil Gentlemen: Enclosed please find six ( 6) prints of a site plan for property located at Main Road and Marratooka Line in Mattituck together with a check in the sum of $100.00 for filing. Please place this matter on the Board' s next agenda. If you have any questions, please do not hesitate to contact me. Very truly yours, William D. Moore WDM:er enclosures cc:LZ.,ioning Board of Appeals Building Department Tartan Oil Corp. DocId 080487. 3 A 9 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. The Board discussed with Executive Administrator, Victor 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. /61il/Iff, kf a, /ate- lulLiL 07 9t�L- Allod- &/v 111L �Adl H�of It u-p/ jz ov- fi&L w9u' M dA�CLV lcil?* d-ZIX zy4uar- I-) un c et�-L) dt cry bkt t � P � � A �� Mer: rand.um from . . . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 'Date: 5/13/87 To: MEMORANDUM FOR THE FILE From: PROPERTY LOCATED AT 'MAIN ; MARRATOOKA , AND 'SUNSET ROADS ; MATTITUCK. Tartan. Oil Corp . ) Vic clarified his Notice of Disapproval dated.- April 1 , 1987 in the. above-matter as follows : Convenience store accessory to the main principal use of the premises (full -service .gasoline_. station ) and requires a variance under 100-62 [more than one use] . Convenience store as an accessory does not in his opinion need Site Plan approval from Planning Board s.ince there is no increase in sales area. r/ y , Southold Town Board of Appeals �' �r' j,'.✓;;A�H'� pia 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 operations . [If no permits are available , please 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 . VII , Section 100-70] . 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 Fair o y Ln Southold Town Board of Appeals �.y • y®� 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 T0 : Southold Town Planning Board and Town Planner FROM: Jerry Goehringer , ZBA Chairman 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 land (Section 100-62 ) . 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 .JDr recent renovations , canopy addition , new pumps , etc . ) , and a copy of the Certificate of Nonconforming Premises #Z14455 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 p u b 1 i c__ heari ng_,:_ 'i f you„ feel Planning Board jurisdiction i.s appropriate . It is, our...und.ers.tandi:ng that in the Matter .of Sukru Ilgin,, ­'a resolution was adopted by the Planni.n'g Board. waiving_„jurisdiction for a si.m.ilar.(Variance )p,roject . Thank you for your review in thi:.s matter . lk I• 1 rr � yy �'-4dt ES"3rrR0"vY, ,ZQO.Oc <SkA {pey l EZYGO�CS I # f .� jItJAUTHORIZED ALTERATION OR ADDITION i TO THIS SURVEY IS A VIOLATION OF I J SECTION 7209 OF THE NEW YORK STATE f EDUCATION LAW. CjQ R jP. COPIES OF TF:IS SURVEY MAP NOT BEARING 1 THE LAND SU;iV'YC,,S i? C_D SEAL OR EMBOSSED SEAL!BALL NQ'T BE.CONSIDERED r TO BE A VALID T;.U_COPY. I ''�,< / GUARANTE:S iP:DIZAT=D i';R:ON SHALL RUN '''j / 1✓C ONLY TO THE CR WHCM THE SURVE' i ' r IS FREPARED, At-D O:l KS 6CNALF TO THE Sc1FF'G�.-�'CiG�� lv• TITLE CC.'+SPANYY, GQ'I/Al.MENTAL AGENCY AND LENDING INSTiTUT;0;4 LISTED 1.-REON, A14D TO THE ASS;GNCES OF TXE LENDING INSTI- TUTTON.GUARATITEES ARE NOT TRANSFERABLC TO ADDITIONAL INSTITUTIONS OR SUMEUUCNT C%VNEPS. GuararT7`�!d` T'� !' 1./a r U/)IC,�.• i Cc�jl�rj>/ assuru�yd� fc//�e /5;e,970 1 - o.- l trot, �•1P� L7.• r? r'Ic/;m�T"7• ate' f!•� �. r 'tl _fti'r,�I`'G 7,/,O 7 __ _..__ ._w _. ._.__.._. _ ...� w"r�nf�.-f, NOTICE IS HEREBY"GIVEN, "'"' .".Uuuuu 8:45 P•m. TART�N OTi r+nnn.f nonconforming sideyard at the pursuant to Section 267 of the orth and south gr=-- Town Law and the-,Code of the' insufficient' (a) Appl N6..3633` Speer oML side"yards, essi4e lot Exception'-under .`Article VII Town of Southold the following' er;ges.and a 75 feet Section 100-7.0 g hearings wtli be held by,;the itlltltead lon lugtiwater of'."Qla �) of the Zonis SOUTHOLD TOWN BOARD-0F _ 1 g Code:. for; approval of t h e APPEALS at.a Re ar Meetin at- 4YG`)tea Arsharnomaqut Pond] +" establishment. of a partial self gut 8' soon of Property; East Side of service gasoline statton; and', ORK ) the.Southold Town: Hall,. Main role 'Road, Southold -NY _(b) Appl..No 363t:=,Variance ) SS: Road, Southold, New York, on 3 Tax Map Parcel No l000 under Articles.-VI .Section 100- THURSDAY APRTL 14 1988 at. FOLK the following;times: 62B)• �, Section 100-70(B),for ) 8.30 p.m. Appl.'No. 3687 an ,Jn erpretation of "retail ' `7:30 p.m..'Appl. No .`3719 shopping '';center" rind :r for SOUTHOLD 'SAVINGS BANK. E BS.-(Recessed from rch 17,,,198g Permission to eatabIis;h of'Greenport, in Variance to the Zoning Ordinance, if )• ,Inferpretahon convenience store as.an aceessory 9 duly sworn, says that he/she is Article VISection 100-60(C)[2](a) necessary, Variance under to the,existing gasoline sernce for'permission to erect an on- cle XI,'Section 100-119.2 of premises building identification' Zoning Code, for-permission station. t THE SUFFOLK TIMES, a Weekly .:sign,the lower edge of which,will �cate building pursuant to,:Dfi Location of..Property; South g 'Side of Main Road, West.Side-of lished at Greenport, in the Town be less than four feet above it #10-86-0092 and Trustees <Marratooka Lane,and the'East Side my of Suffolk and State of New ground. ` Locauon ,of Property: and-Permit-#373. Lo. on of of,Sunset Avenue Mattituck rty East Side of Narrow 1400 Railroad (Youngs) Avenue,. r Road ;Orient County=Tan 1000=115 3-9. ,', Zone "B_1" a Notice of which the annexed is Southold, NY; County Tax Mag w3 General-Business: Parcel Nds.;1000 60 2 10 4 (prey of the subject -:,For ''has been regularly published in J 10.2 & 10.3) t information,•please all 5i18 9. said N, ewspaper once each week for 1 7:35,p.m Appl.`No 3716 Hance, Dated April 1, 198g Weeks SUCCessiVel 9 7 ROBERT h WALDRON. JR 2 for ? :: y, commencin on the Variance to the Zoning Ordinance, new BYORDER . day Of April Article XI; Section 100-119.2 for Ita n ; "._-.OFT SOUTHOLD TOWN 1 - i'pemission to.construct deck.'ad- op-of - - BOARD OF APPEALS dition at rear..of existing;dwelling; Long,,,-, ERARD P. — which is less than 75 feet from the: erty set EFIRINGER, mean highwater ;mark '-along: ue ti _6 1 n CHAIRMAN dredged can at lames-Creek- Map Ada Kowalski, el Princi Mattituck.'-:Location of.Property:. 5891-1TA7 . Board Secretary P Clerk 2980 Ole Jule Lane Mattituck 10 . NY; County Tax Map Parcel N. l000-122-a 17 , 88) Advertise in Sworn�f rem this 7:40 P.M. App1C,No 3575 ear day Of _ 19 ROSA J.HODGSON: Variances to, "d.• The Suffolk Times/ 6Y K.DEGNAN the Zoning Ordinance, Article III, rin NOT Aid'!PUBLIC,State of Neµ!York g News-Review: suifo'k Coanty No.4 49860 Section 100-31,Bulk Schedulei forve, S T approval of the-insufficient•area not. �BUslness DireCto' Senn Expires i•ebrua J��J and width of parcel to be,set-off in. ed. '--.. 'rl / this pending division of Iand. be 4��'®0$1 Location of Property: North Side: on <r ���-a3000 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)111,Section 100-31, Bulk Schedule, as to insufficient frontyard setback from the front o [southerly] property line alongA C.R. 48, in this.proposal to -construct new single-family dwelling. Location of Property:.-.-_ 56225,C:R."48,',Greenport,`.NY;:'' County Tax-Map Pared No. 1000- .44-01-22. ..8:05- p.m. -Appi No. 3709 RDWARD 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 111, 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 rl, See Legals,next page 1 S:I-Va" 7C f R NOT C1= IIT . , EBY-GIV r p!srstia €' b_&atop.267 of y tY!e Tos�r::air a id the Code f the Town: of Southold;'::the following:hearings will be held. by the LDj`1 it a _. af#JtrSoutltold tng. r Location of Property for:permission to locate building. Toixa Irtll, 1+VIaln, Road, 56225 C R,`48,Greenport,.NY, pursuant to DEC Permtt Na _ Southold;NY,onT [1 .;'` County Taz Ivlap Parcel No: 10 86=0092 .and Trustees' 9PRIL 14 1988:at the follow 1000-44-0122 Wetland Permit No 373 Lora mg times: 8:OS p m...App1.:No, 3709- -tion of Property. East Side of ' 7 35 p:m Appl No. 3719 EDWARD A:HANUS (Recess- Narrow River RoadX. ,Orient,NY, SOUTH' SAVINGS ed.from February.,18,_1988, as County Tax Map Parcel No &1NK Vanance'to the.Zorting agreed) Spatial Exception;for 1000-27-2 5 Qrdmancq A-,"de VI, Section '. ":appro y Apart 8 45 p m TARTAN 01L f9r permission ment within"existing dwelling in CORI' to erect'an on-premises`buikiing accordance`. with-.-the re (a).Appl. No. 3633-`Special identification sign, the` lower . quirements of Article IIT,-.Sec-, Exception under Article VII; ;edge of which will be less than tion. 100-30B(15) ,`Location of Section 100-70(B)of the Zoning ` four feet above gmund Coca Property .b3S Lupton Point Code for approval :of the;: ion of Property_ 400 Railroad Road,.IVlatfituck, NY, County esta-tilishmenf.:of a.partial self (Youngs)Avenpe;:Soutliold,NY, Tax- Map Parcel No:. service`gasoline,station;and County `Pax=Map-Parcels Nos. '1000-115 11-3: (b)Appl No.3636-Variance 1000-60,4 4.(prev'10.2&10.3j. : 8:15 .-P.m_.. AppT. No. `3715- -under:-Articles VI; .Section 7,35,,p:m --Apo!.'No, 3716 BERNARD :. K1ERN?iN 100-b2(B), . :VIT,.; Section ROBEItT E WALDRON JR Variance to the Zoning Or 100-70(B)for an Interpretation Variance.:'tot Wing r dinance,-Article-,-XI, $action of"retail shopping canter"an dinance,-'Article XI, .Section 100=119 2 for'.oermission to con for permissiod to esiabli"sh IOO�11Q 2 for permission to con; struct additions to dwelhng'and ::venience store aS:an accessory to; struct deck addition at tear of accessory' structure(s)within 75 =the existing gasoline-service: existing;dwelling,-which is less feet of the ordinary,highwater station: than 75:_feet from the mean mark along Southold`Bay Luca Location of Property. South highwater mark'along dredgal tiara_of Property 1605 North Side of.Main'Road, West Side`Y; canal,at James`Creek;.:Mat Parish Drive, Soutlold,:NY, of_Marratooka=Lane, said tine tituck. Location,of Property County Tax Map'- ceh No 1 ]Ea st -Side of:Sunset .Avenue,.`' 2980O1e Jule Lane,Mattituck, 1000-71 1 I5. _'Mattituck NY "1000=115 3 9 'NY;County'Ihx-Map Parcel No. -- 8:20 p.m.`Appl. No :3722 Zone: "B 1"General Business 1000-122=4-17 MANFR£D KUERNER. 8:50:p.m. Appl. No: 3703 rnvw'.. A.�l�L1 i7Ct-Vhv_ i 40 p.m. Appl No.:3573 variances -to ine Zoning yr - ItOSA J HOl?EiSON£ dinance, Article ,)SI, Section TING Vaiiance to`the Zon Variances to -the Zoning Or 1D0=119 and Article III,.Sec 'iftS.Urdinance;;�rticle X1,Sec- dinance, Ar[icle III; Section tion,100-3i ,for permission.'to tion`100-119 2'for permission to; 100-31, Bulk Schedule,;for ap ez[end garage an add I :two .construct new dwelling and;` proval:of the insufficient area feet' from :'that previously garage'wit h aninsufficient set and width of patcel to be set off granted under Appl,.No 3706 `back,from top of bluff or bank in,this pending divistontof land = and:to construct addittonal liv along the Long Island5ountl. Location'of Or, "dyr'North mg area at;rear of d`weWng with Locatton of `Property )9995 Side of Pine.=-,Neck Road, `:: reduction; of nonconformiitg Soundview Avenue; Southold, Southold M.County Tax Map sideyard of the north.andsouth ''NY;County Zhz Map I'aiixl lyo Parcel No 1000-70-6-33:.Con sides, insufficient total 1000- -�- 51 'taining 7352 acres total sideyards,excessive lot coverage, 9:00 Appl. Na 371Q- 7 50 pm Appl No 3707 and:within 75 feet of bulkhead THE COVE AT SOUTHOLD f JOSEPH .. F CITARDI along highwater of".Old Cove" h'(Continued from;March. Variances to the Zoning Or [a1k%a Arshamomaque Poi dJ 17- 1988) dinance,Arttcles,:(a)XI;;Section" Locatton of Property:EastSide The'Board.of Appeals will 100-119.2-as-to'iifiufficient set of Carole Road,Southold;lVY, hear at said time and-place all- back from bank'or bluff along ; CountyMap Parcel No representatives or ptrsoiis desir I the Long--Island Sound,and(b) 1000-52 2 3 tng to be heard_m each of the II, Section 1'00 31,` Bulk 8:30 p m AppL :No 3687 abode matters I?'ach hearingvntl ' Schedule; as "to insufficient;:: 7ON.0 KERBS (Itecessed`from not start before.the time allot frontyaid setback frotnthe front, Match 17. 1988) Interpretation _ red Written comments may be: [southerly) property line along and; if necessary; Variance submitted prior to the conclu C.R.48;in this proposal to con under Article-. Xl,-.,Section ston.of the subject hearing.For struct view single=family dwell_ 100-119.2 of the Zoning:Code, �-more-.'information; please colt . '.7b5:I809 Dated:-Aprii't. I988 BY ORDER.OF:THE . SOUTHOLD TOWN - BOARD- OF APPEALS,. GERARD P. GOEH;RINGER, ., CHAIRMAN:.. j Linda Kowdlski, ' Board Secretary- 1T-4/7/88(59) r � - I d COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the ... . . . . . . . . . . . . . . . . . . . . . day o . C `'lJ . . . . . ., 19 .�.�. . . . . . . . . . . . . . . . . . . . . . Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . �!'. . . . . . . . . . . , 19 . . . . . . . . . . . . . . . . . . ...., GL �L?c: . . . . . . . . . . . . . Notary Public BARBARA FORBES Notarq Publie, Stato of New York No. 48VA46 Qualified In Suffo& County Commission Expire&�te7 4/ 19 eel' COUNTY OF SUFFOLK G ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold,in Suffolk County; rG and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week-for....................e...... weeks successively,commencing on the .. dayo QU""'......119.�.�. Sworn to before me this..................... day of .. ""p '=NOTICE IS HEREBY GIV- .. ,,,,,,,Qj/�::........... .19. EN,pursuant t hn Section 261 of e Town Law and the Code of O -the=Town of Southold, the following hearings will be held by the SO(JTHOLD TOWN . ...._....... 139ARD OF APPEALS at a ................... �i ti. - _ - Reaol�e�RZodipg of the Southold - ing. Location of Property: for permission to locate building Notary Public Town,Hall,"Main' Road, _ 56225C.R.48,Greenport,.NY; pursuant to DEC Permit No. -Southold,MY,on THURSDAY, '-County Tax Map Parcel No. 10-86-0092 and Trustees APRIL 14,1988-at the follow- 1000-44-01-22. Wetland Permit No,373.Lora- . HAR9ARA a of No.BEs ing times: 8:05 p.m. Appl. No. 3709- tion of Property:East Side o: Notary PubNOlic.State of Nea York 48 7:35 p.m.Appl. No. 3719- EDWARD A.HANUS.(Recess- Narrow River Road,Orient,NY. No.Suffolk Qualified In Suffolk Canty SOUTHOLD SAVINGS ed from February 18,1988,as County 7kx Map Parcel No. Commission Expireseze 3/19 P� BANK.Variance to the Zoning agreed).Special Exception for 1000-27-2-5. 7 Ordinance,:Aiticle VI,Section `approval of Accessory Apart- 8:45 p.m. TARTAN. OIL 100-60(C)[21(a)for permission ment within existing dwelling in CORP.: to erect an on-premises building accordance with the re- (a)Appl.No.3633-Specia. identification sign, the lower quirements of Article III,Sec- Exception under Article Vll, 8dge of which will be less than tion 100-30B(15).Location of Section 100.70(B)of the Zoning _ four feet above ground.Loca- Property: 635 'Lupton Point Code for approval of the tion of Propbity::.1400 Railroad Road,Mattituck,NY,County establishment of a partial self- (Youngs)Avenuty Southold,NY; Tax Map Parcel No. service gasoline station;and County Tax Map Parcels Nos. 1000-115-11.3. (b)Appl.No 3636-.Yarianct 1000-60-2-1.4(prev.10.2&10.3). 8:15 p.m. Appl. No. 3715- under Articles VI, Sectior 7:35 p.m. Appl. No. 371& BERNARD KIERNAN. 100-62(B), VII, Sectior ROBERT E.WALDRON JR. Variance to the Zoning Or- - 100.70(B)for an Interpretatior Variance tote ning r- dinance, Article XI, Section 'of"retail shopping center"anc dinance, Article XI, Section 1 I00-119.2 for permission to con- for permission to establish con- 100.119.2 for permission to con-. struct additions to dwelling and venience store as an accessory rc struct deck addition at rear of accessory structure(s)within 75 the existing gasoline-service existing dwelling which is less feet of the ordinary highwater station. than 75 feet from the mean mark along Southold Bay.Loca- Location of Property.Soua. highwater-nark along dredged tion of Property., 1605 North Side of Main Road,West Side canal at James Creek, Mat- Parish Drive, Southold, NY; 'of Marmtooka Lne,and the tituck. Location of Property: County Tax Map Parcel No. East Side of Sunset Avenue. 2980 Ole Jule Lane,Mattituck, I000-71-1-15. Mattituck, NY, 1000-115-3-9. NY;County Tax Map Parcel No. 8:20 p.m. Appl. No. 3722- Zone:"B-l"General Business. 1000.122.4-17. MANFRED KUERNER. 8:50 p.m. Appl. Na 3703- r:40 p.m..Appl. No. 357:,- 'Variances to the Zoning Or- ND EyELY?; ROSA J. HODGSON. dinance, Article XI, Section KEATING.Variance to the Zan- Variances to the Zoning Or- 100-119.2 and Article III,Sec- ing Ordinance,Article XI,Sec- dinance, Article 111, Section tion 100-31,for permission to Lion 100-119.2 for permission to 100-31,Bulk Schedule,for ap- extend garage an additional two construct new dwelling anc proval of the insufficient area feet from that previously garage with an insufficient set• and width of parcel to be setoff granted under Appl.No.3706 back from top of bluff or bank in this pending division of land. and to construct additional liv- `along the Long Island Sound. . Location of Property: North ing area at rear of dwelling with ''Location of Property: 1999, - Side of Pine Neck Road, reduction of nonconforming Soundview Avenue,Southold. Southold,NY;County Thx Map sideyard at the north and south NY;County Thx_Map Parcel Na Parcel No. 1000-70.6-33.Con- sides, insufficient total .1000-51-04-W6. taining 7.152 acres total. sideyards,excessive lot coverage, 1 9:00 p.m. Appl. Na 3710- 7:50 p.m. Appl. No. 3707- and within 75 feet of bulkhead THE COVE AT SOUTHOLD. JOSEPH . F. CITARDI. along highwater of"Old Cove" INC,(Continued from Mact, Variances to the Zoning or- [a/k/a Arshamomaque Pond]. 17,1988). dinance,Articles:(a)XI,Section Location of Property:East Side The Board of Appeals wil I00-119.2 as to insufficient set- of Carole Road,Southold,NY; hear at said time and place al: back from bank or bluff along County Tax Map Parcel No. representatives or person:,desir- the Long Island Sound,and(b) 1000-52-2.3. ing to be heard in each of th_ 111, Section 100-31, Bulk 8:30 p.m. Appl. No. 3687- above matters.Each hewingwil: Schedule, as to insufficient JON C.KERBS(Recessed from not start before the time allot- frontyard setback from the front March 17,1988).Interpretation red.Written comments may b-- [southerly)property line along and, if necessary, Variance submitted prior to the conclu C.R.48,in this proposal to con- under Article XI, Section sion of the subject hearing.Fo. struct new single-family dwell- 100-119.2 of the Zoning Code, more information,please cad 76348W. Dated:April 1,1988 BY ORDER OF T HI SOUTHOLD T AV` BOARD OF APPEAL GERARD P.GOEHRINGER CHAIRMA` Linda Kowalsk; Board Secretor _ I IT-t,"1/8g(55 i al I W Southold Town Board of Appeals o m m 4 MAIN ROAD - STATE ROAD 2S 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 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 Suffo.lk 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 the audience . Please be assured that your public.' hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel frse to call our office , 765-1809 . Yours very tt 1 GERARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure S�FFQ�c 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 bf Non-Significance APPEAL NO. : 3633-SE and 3636 PROJECT NAME: TARTAN' 'O'I'L' CORP. — This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. 4, 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 cc or to the exists s 11i1n se vice station LOCATION OROYJECT: Town of nSvu`-��io�.� Counrfy of Suffolk, more particularly known as: S/s Main Rd. , W/s Marratook-a Lane, E/s Sunset Ave. , Mattituck, NY 115-3-9 REASONS) 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`ndt involve the disturbance of wet- land grasses or areas subject to flooding which may be considered wetlands. INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel: 516- 765-1809 or 1802. Copies -.of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me x Ln � F $s Town Hall, 53095 Main Road r•` •.®� 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 19, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3636 , application of Tartan Oil Corp. for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk r WILLIAM D. MOORE ATTORNEY AT LAW SUITE 3, CLAUSE COMMONS MAIN ROAD MATTITUCK, NEW YORK 1 1952 (51 6)298-5674 May 11, 1987 Board of Zoning Appeals Southold Town Hall Main Road Southold, NY 11971 Att: Linda Kowalski Re: Tartan Oil Cbrp./Mattituck Dear Linda: Enclosed .please find the following with respect to a petitions by Tartan Oil Corp. for an interpretation and/or variance from section 100-62b and a special exception pursuant to section 100- 70(B) ( 5) of the Town Code: a. Check in the sum of $150.00 payable to the Southold .Town Clerk b. Notice of Disapproval c. Petitions in triplicate d. Notice to Adjacent Property Owners with receipts of mailing e. Short EAF f. ZBA questionnaire g. Copy of pre-CO h. Four copies of survey i. Four prints of site plan j . Copy of deed Please note that alternative relief has been requested. An interpretation is requested with respect to the definition of retail shopping center as it relates to gasoline service stations with convenience store use. In the alternative, we seek a variance from the one-acre lot size requirement of 100-62b. In addition, a special exception to permit partial self-service is requested. If you have any questions or comments, please do not hesitate to contact me. Tartan Oil Corp. May 12, 1987 Very tru1 yours, William D. Moore Encs. cc: Tartan Oil Corp. DocId 051287. 1 Page 4 - Legal Notice Regular Meeting - April 14 , 1988 Southold Town Board of Appeals Copies to the following on or about 4/4/88: Suffolk Times , Inca L . I . Traveler-Watchman , Inc . Individual Board . Members (with copies of file ) Town Clerk ' s Bulletin Board Bruer & Lark ,- Main Road , Box 1059, Southold , NY 11971 as Attorneys for Southold Savings Bank Mr. Robert E. Waldron , Jr. , 2980 Ole Jule Lane , Mattituck , NY 11952 Mr. Garrett A. Strang, R. A. as Agent for Mrs . Rosa Hodgson P . O . .Box 1412 , Southold , NY 11971 Mr. Harold Conroy , Lighthouse Lane, 'Southold , NY 11971 Peconic Associates ,. Inc . , One Bootleg Alley , Box 672 , Greenport , . NY 11944 Charles R. Cuddy , Esq . , 180 Old Country Road , Box 1547 , Riverhead , NY 11901 , as Attorney for Mr. and Mrs . Edward A. Hanus Mr . Sam Ganshaw , Lupton Point Road , Mattituck , NY 11952 Mr . and Mrs . Jack Drobet , Box 965 , Mattituck , NY 11952 Abigail A. Wickham , Esq . (Attn . : Joyce Steiner ) in behalf of . Mr. Joseph R. Corso Mr. Joseph R. Corso , 750 Lupton Point Road , Mattituck , NY 11952 Mr. and Mrs . Edward, A. Hanus , 635 Lupton Point Road , Mattituck , NY 11952 Mr . Garrett A. Strang , R. A. as Agent for Mr. Bernard Kiernan P . O . Box 1412 , Southold , NY 11971 Patricia C. Moore , Esq . , Moore & Moore , Box 23 , Mattituck , NY 11952 as Attorneys for Manfred Kuerner and John . & Evelyn Keating Stephen R. Angel , Esq . as ' Attorney for Jon C. Kerbs 108 East Main Street , Box 279 , Riverhead , NY 11901 Mr . Jon C. Kerbs , Box 525 , Greenport , NY 11944 Catriona Glazebrook , Esq . , Twomey , Latham , Shea &. Kelley 33 West Second Street , Box 398 , Riverhead , NY 11901 William D . Moore , Esq . , Moore & Moore , Box 23 , Mattituck ; NY 11952 as Attorney for Tartan Oil Corp . Mr. and Mrs . Gregory Ofrias , Sunset Avenue , Mattituck , NY 11952 Mr. Wilbur Klatsky , The Cove at Southold , 5044 Expressway Drive South , Ronkonkoma , NY 11779 Mr . John Bredemeyer , President , Town Trustees Office BEISCH. auances to the Zoning. `,;7he'Board of,Appeals•will ,. 8t Ordinance, Article III,Section 100 said`tinte.,and-place all persons or ;said 31;Bulk Schedule,for permission to - representatives.desiring to be heard in construct addition(s)to dwelling with each of the above matters.Each hear- an insufficient westerly.sideyard set- Aft'-'will not-stait before the time allot- back and insufficient total sideyards. Ited Written comments may be sub Location of Property:.North Side of 'miited,prior to the conclusion of the Rabbit .Lane, East" Marion; NY; subject;hearing. For more informs.: County" Tax Map.Parcel NO. 1000- `lion,please ca11765-1809:'.:,;,:! 31-17-15. Dated February 2,4988.. 7:45 pm. .Appl..No. 3607 i. ter' BY ORDER' JAMES OINEILL and PETER 3,;.._ OF THE SOUTHOLD McSHERRY.:Variances to the Zon-- j TOWN BOARD" ing Ordinance, Article III; Section. �L {' ;•OFAPPEALS. 100-31,.Bulk Schedule,for approval f rt, GERARD P.GOEHRINGER; of insufficient area,width and depth r n, --CHAIRMAN -" - of two proposed parcels,each with an I Lmda Kowalski,Board Secretary,,, existing dwelling;located at.the cor ,�8251TF11 her of the N/s Wiggins Street and the W/s Eighth"Street, Greenpoa..NY :::'•NOTICE OF HEAIU-Nciac - Mapof S.-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 Lot 22 STATE OF NEW YORK Law and the Code of the-Town of 7:55 p.m.TARTAN OIL CORP j Southold,the following hearings wtIl (a)Appl.No.3633_$pe.cial SS: be by the SOUTHOLD TOWN .Exception under Article.VII,Section COUNTY OR SUFFOLK ) BOARD OF APPEALS at a Regular 100 70(B) of the Zoning Cade.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 i-n of Greenport,.in . THURSDAY,_ FEBRUARY 18, )Appl.No.3636—Variance 1988 at the following times: to theZoningOrdinance,Articles VL 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 lion 100-70(B),for an Interpretation Principal Clerk of THE SUFFOLK TIMES, a Weekly Zoning Ordinance,Article IlL.Sec- of"retail shopping center" and for . Newspaper, published at Greisnport, in the Town lion 100-31,'Bulk Schedule,for ap- pemvssion 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 Sift, of a printed Copy, has been regularly published in Farms),Cutchogue;NY;County Tax Marratooka•Lane, and East Side of once C e each C h Week for 1 Map District 1000, Section 104, Sunset Avenue, Mattituck, NY;. said Newspaper 11 Block 4,Lots 17'and 18. County Tax Map District 1000..Sec- weeks successively, commencing on the 7:35 p.m. Appl.;•No. 3709.— tion 115,Block 3,Lot 9.Zone District.: F e r l 1 r V EDWARD AND ORTRUD HA- "B-l"General Business. day Of NUS.Special Exception to the Zoning _ 8:05 pm. Appl. No. 3701 _Ordinance,..to establish one new Ac- _ CHARLES ZAHRA. Application :-cessory Apamtteff_m,tl.ie'existing under Article XIV,Section 142 of the , dwelling structure in accordance with Zoning Code fora Reversal of Deter- the requirements of Article III,Sec mination of Building Inspector in his principal Clerk lion 100-30(B),subsection-15.Loca- Revocation of Building Permit tion of Property:635 Lupton's Point #i15428Z 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 bV18 rite this Block 11,Lot 3. - District 1000,Section 141,Block 4, 7:40 p:m. Appl. No. 3699 — Lot 5.Zone District: "B-l"General day of "NARY K.DEGNAN EDWARD AND BARBARA3,, Business. NOTARY PUBLIC,State of New York - ��-yj_,�v Suffcltc Carii�t� No.4849850' U Perm Expires Fgbrual;;, 19�' N..L` U.j d r the.Town.Law and the Code of, : STATE OF NEW YO R K s1ie .Town_ o'f'`Sotifliold, the following hearings;will.,be held " _�y'the 86UTf-I•bLD`'tow N. BOARD OF APPEALS at aRegul . Patricia Wood, ..being duly sworn, says that she is the Town - HaltingMain''at the. o Roadthold, Editor, of THE' LONG ISLAND TRAVELER-WATCHMAN; Town Hall, Main'' Road, • Southold,NY onTHURSDAY, . a public newspaper printed at Southold, in Suffolk County; FEBRUARY 18. 1988 at the and that.the noti following times: ce of which the annexed is a. printed copy, 7:30 p.m. Appl. No: 3702- - has been published in said Long Island Traveler-Watchman OLGA-CORDES:Variances to once each week for . weeks the Zoning Ordinance, Article. • • • • • • • • • • • • • III, Section 100-31, 'Bulk . Schedule, for,.approval of-the successively, commencing on the proposed insufficient area and j width of two parcels in this pen;,;.;- ding division of land located at d o ���?`` -7 , 1 g J1_ the south side of Sterling Road (Nassau Farms),- Cutchogue,. NY; County.Tax Map District' . . . . . . . . . . . . . . ... . . 1000,Section.104,.Block 4;Lots 17_and 18... .7:35 p.m.,App1. ,No. 3709- EDWARD AND ORTRUD HANUS. Special Exception to' / the Zoning Ordinance, to Sworn to before me this . . . . . . . . . . . . . : . . . . . day of establish one new Accessory--, Apartment in the existing dwel) 4 ' ing structure in accordance with - . . . . . ..L`• . .`. . . . . . . , 19 . . . . . the requirements of Article III, I ticle 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;` Mat- mission'to establish'convenience �G tituck, NY; County Tax Map store as an accessory- to the ex- = • . . . . . . . . . . . . . . . . . . . . . . . . District 1000,Section 115,Block zisting gasoline-service station. Notary Public 11, Lot 3. ,i "Location of Property 'South ' 7:40 p.m. Appl. No. 3699- Side of Main Road,.West Side. EDWARD AND BARBARA -.].,of Maratooka Lane, and'East BARBARA FORBES BETSCH.Variances to the.Zon- Notary .r---- _Side:of Sunset.Avenue, Mat- Y Public State of New York mg Ordinance,Article III,Sec tituck,'NY; County Tax Map No. d306846 lion 100 31,Bulk Schedule, for District 1000;Section.115;Block Qualified in Suffolk County permission to construct addi- 3,,-Lot 9..-Zone.District::"B-1':.' , Commission Expires 3/ 19�f 'tion(s)to dwelling with an insuf: General Business. fident'westerly sideyard setback p.m,..Appl. No, 3701= and insufficient total sideyards. CHARLES ZAHRA;Applica= Location'of Property: North { tion un er.Article XIY Section Side of Rabbit' Lane,,, East. 142 of the,Zoning Code:for a Marion, NY; County Tax Map 1 _;Reversal of Determination of D Parcel No. 1000-3147-15: ,. '' B�}ilding:- Inspector. .in ,his 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- Pike Street, Mattituck, NY; dinance, Article III, Section County Tax Map District 1000, 100-31, Bulk Schedule, for ap- Section' 141; Block 4, Lot 5: proval of insufficient .area,,L Zone District: "B-1" General..' Width and depth of-two propos- Business. ed parcels,each.with 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 f (a) Appl. No. 3633- Special 765-1809. --Exception under .Article VII, Dated: February 2, 1988 Section.100-70(B)of the Zoning. By.ORDER OF THE .Code. for approval. of the ;-SOUTHOLD TOWN. establishment of a.partial self- BOARD OF APPEALS ervice gasoline station; and GERARD P. GOEHRINGER, �'11 (b)Appl.No.3636-Variance. : CHAIRMAN. to the"Zoning Ordinance, A. Linda Kowalski; ticles VI,Section I00-62(B),Ar- :ti . .,;fir Board Secretary ' __�..... — ` 1T2/11/88(5) � ( s► rt 4R � ^ Southold 'own Board of ea 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. DOUGL.ASS 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 the audience . Please be assured that your' public. hearing will not start before the time allotted in the Legal Notice . - If you have any questions , please feel free to call our - office , 765-1809 . Yours very tr 1 G RARD P . GOEHRINGER CHAIRMAN `. Linda Kowalski Secretary and Board Clerk Enclosure 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 l 1 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] Tnter=retati on of rodon- -%rariance and special QxGePtien )' 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 Yi10JhX Business (General) 4. That by such Petition, the undersigned will request the following relief: interpretat-ien of 5 ping ordinance; variance from lot size requirements and special exception 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; 110-122; 100-70B5 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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: Petitioner Owners ' Names : �15 N O�� CO&P Post/off ice Address a WILL44-1^ D, iyeo t , ESQ S�/ �� 3 CL�4(/s�r- CD•�tyon/s PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Sou?l+0c_i� N EH/ yot2/L / 0 9 -7/ ZI(,h�r19 � t< A`�K R�sI<o Po 30x 6O1 �. I1gs'•"L— MAI ITUc.K I ti`ltv� STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: �kLL( ikfA m oylz�— --_,residing at 3 7 y (ERZY Lei- SO v T VWt_0 Ivy being duly sworn, deposes and says that on the JZ— day of�/Y)q y , 19 �, 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.Sout.h'old;that said Notices were mailed at the United States Post Of- f at �('o IZtL ; that said Notices were mailed ach of said persons by (certifie (regis�t�ef� mail A, Sworn to before me this day of zff , 1'9 Notary Public PATRICIA C.MOORE !OTARY PUDIC,State of Now York No. 4861668, Suffolk County Commission Expires June 16f 1988 (This side does not have to be completed on form transmitted to adjoining property owners , ) SHORT ENVIRONMENTAL ASSESSMIT FORM INSTRUCTIONS* (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form 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 land form found on the site? . . . . Yes No 3• Will project alter or have a large effect on an existing. body of water? • ®_ Yes ,� No 4. Will project have a potentially large impacts on N groundwater quality? • • • • • • • • • • • • Yes No a. ,n .-a 5. Will project significantly. effect drainage flow a N on adjacent sites? . o . • o Yes No Q ?1 ,L --J P+ b. Will project affect any threatened or. endangered V) �,? -plant or ani.^sal species? • o • • • • • • • Yes ?{O =� n 7• Will project result in a major adverse effect on a,- z 9 air quality? • • • • o . • • o o • • �^ Ye:) NO a: O o H- 8. Will project have 'a major effect, on visual char- acter of the community or scenic, views or vista LN known to be important to the community? • "_,_ Yes _ P7o 9. Will project adversely impact any site or struct- ure of historio, 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 opportunitios? • Yes No 11. Will project.result- in major traffic problems or cause a major effect to existing transportation +, systems? . . Yes XNo = 12• Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- a--; ance as a result of the project's operation? Yes X .140 s 13. Will project have any impact on public health or v safety'? . . • Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula-tion of more than 5 percent over a one-year period or have a major negative effect on the character of the community or neighborhood? . Yes No 15• Is there publ ' • - • ove sy c cer:itng the project? Yes No PREPARER'S SIGNATURE: j _ TITLE: REPRESENTING: Gr DATE: S' / B Zr_ 9/l/78 I '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 NN ,, such as patios , foundations , etc? 4 . Are there any existing or proposed fences , concrete barriers , decks , etc? Yes N� 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 n 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 : _EVIL _1(6 /I— Folf C4A1a9)1- Pxp r--a-- 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 No 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes No 11 . Is new construction proposed in the area of contours at 5, feet or less as exists? Yes No 12 : If new construction is proposed in an area within 75 feet of wetland grasses , or land area at ar 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 this time le eo-AS 5 �70N ;P,� lc s�C�rca ✓ �w �'� and proposed 5,4mr I certify that the above statements are true and are being submitted for relian e y t rd Appeals in considering my- application . Sig atur per y Authorized Agent 3/87 lk TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING 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 16850 Main Rd . Mattituck Street Hamlet shown 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) /_/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- i a', cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to 1 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 HEREBY 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. Building inspector__-___