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Home My WebLink About3634 MULLEN REALTY (R LARK) 5599 LT LOT SIZE REDUCTION 63-2-22.1 B 56340 MAIN RD SHLD MULLEN REALTY (R LARK) 5598 GG SE/LOT LINE/ROW SB/LOT CVRG/60' FRNT MAIN RD SHLD 63-2-19, 20, 22.1,24.1 B Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3634 Application Dated May ]5, ]987 TO: J. Kevin McLaughlin, Esq. as Attorney for RICHARD F. 828 Front Street, Box 803 Greenport, NY 11944 MULLEN, JR. [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 30, ]987, 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 X! , Section ]00-]]9.](A) [ ] Request for Application of RICHARD F. MULLEN, JR. Variance to the Zoning Ordinance, Article XI, Section lO0-119.1(A) for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. WHEREAS, a public hearing was held and concluded on June 18, 1987 in the Matter of the Application of RICHARD F. MULLEN, JR. under Application No. 3634; 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, appellant requests a Variance from the Provisions of Article XI, Section lO0-119.1, sub- paragraph (A) for permission to extend height of proposed fencing along the frontyard areas to a maximum of six feet for protection of vehicles for the employees of Mullen Motors. 2. The premises in question is located along the east side of Cottage Place, Southold, with frontage of 104.60 feet, contains an area of approximately 18,000 sq. ft., and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 19. 3. For the record it is noted: (a) that the subject premises is presently vacant, and (b) a conditional variance was granted concerning these premises April 2, 1987 under Appeal No. 3608 for use of the property for employee parking of Mullen Motors only, and (c) the premises is located (Cum~-~O Ofi PA~E TWO; DATED: June 30, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3634 Matter of RICHARD F. MULLEN, JR. Decision Rendered June 30, 1987 partly in the "A'~ Residential and Agricultural, and "B-l" General Business Zoning Districts. 4. The Site Plan prepared December ll, 1986 by Peconic Surveyors and Engineers, P.C. depicts a proposed parking area of 12,930 sq. ft., grass area of 3,800 sq. ft., and a total of 26 parking spaces, together with a proposed six-foot high chainlink fence surrounding the entire premises. The portion of the fencing requiring relief under this variance applica- Zion is that portion which encompasses the front yard, within 35 feet from the front property line. 5. Article XI, Section lO0-119.1 and Section lO0-119 permits fencing along the front yard property line, nQt exceeding four feet in height. 6. It is the opinion of the Board that in consider- ing the character of the immediate area and the proposed limited use of the premises, as noted above, the extension of the proposed chainlink fencing from four feet to six feet is not unreasonable.and is necessary for security purposes. In considering this appeal, the Board also finds and determines: (a) the percentage of relief requested is substantial at 50% in relation to the zoning requirements; (b) the circumstances of the property are unique; (c) there will not be a substantial, detrimental change in the character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the grant of this variance will not affect governmental facilities of any increased population; (f) in view of the manner in which the difficulties arose and in view of all the above factors, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance to permit the extension in height from four feet to six feet of the proposed chainlink fence within the frontyard area, as applied, in the Application of RICHARD F. MULLEN, JR. under Appeal No. 3634, SUBJECT TO THE FOLLOWING CONDIT~Q.N~: 1. Pl~an. tings to b~ ,p!aced along the residentially-zoned abutting properties for appropriate screening; 2. All lighting must be'shielded to the ground; 3.~"~'~j'~s within~the frontyard area may not exceed a height df 18 inche~ for th~ first 20 feet (for visibility) from a point commencieg at the front (west) property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. July 9, 1987 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF I)ISAPPROVAL · .~. ~,....g....~....~ ........... . .G~~..~..~ ~. ~.~ ....... PLEASE TAKE NOTICE titat your application dated .... ~.~ 7 ............ 19. ~. ). ,-o~ ,~.~,~, ,o ~o,~,~.~,... ~': e'.'..T~ ~ ~ ....................................... L ' rPro ert qX ~~~ & ocaiono p y .................. _.] ................... ~ ............. Hoose ~. ~ Stmet ttamlet County Tax Map No. 1000 Section . .'Q. ~ .... Block .... ~.~ ...... Lot ../. ~ ........ Subdivision ................. Filed Map No ................. Lot No ................. is returned herewith and disapproved on the R~llowing grotmds .~ .......................... ~.,.~..~.~o. ' ' ~ ' '" ' .~.~.. ~. 9.7...~..~ ............. . Building Inspector nv 1/80 ~j~ ~- 5 '~7 TOWN OF SOUTHOLD, N~ YORK 10~n ~PP~L FRO~ DECISION OF BUiLDiNG INSPE~OR APPEAL NO. ~ ('' '-~ ~ DATE .......5../..1.3_/..8..7. .......... TO THE ZONING BOARD OF APPEALS, TOWN Of SOUTHOLD, N. Y. Name of Appellor~t Street end Number ....... ,S..o..u..t.,h.,o.~d. ........................................................................ ~.e..w...]p.z..k' ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............I~.~....8. z...1..9..8..7. ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ( ) Nome of Applicant for permit of ..8...2.8....¥Z.°..~..t.....S..t~..e..e..t.,....~..".9.:...~..°.~ ...8..0..3.,...~Le..e.~R .o.~ ~ ,...~ ...................................... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....2..~..5...§.~..t.,t.~8~..~z...S..°,~.h..°,~.a, ...... p~.t..~.~.7...~F,.~,...&....~.~idential Street /Hamlet / Use District on Zoning Mop mD.!.s..t.~.i~c..t.~!.~..~..~.~.S..e..c..t.~!~°..n.~.6..2~..B.l~.°.c.~.k~-3~.L.~!~Curre~t C~ner Richard F. Mullen Jr. Mop No, 399 Lot No. 32 & 33 Pri or Owner Daniel & Dorla Finne 2. PROVISION (Si 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 ×z Section 100-119.1 iA) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 6:2 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (~.a) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the applicant desires to erect a fence along the front yard with a height of six (6) feet Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the applicant has already been granted a variance to use the property for a parking lot for employees of Mullen Motors. The fence is required in order to protect the employees automobiles and to help screen the parking lot from Cottage Place. 2. The hardship dreoted is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the applicant has already been granted a variance to use the property for a parking lot for employees of Mullen Motors. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the neighborhood is generally a mix of business and residential uses the applicant's automobile dealership abuts the subject premises to the north, to the east is a parking area and to the west is Cottage Place. The requested fence will act as a creen of the parking area. ss COUNTY OF SUFFOLK ) ~_~f Signaturl Sworn to this ..................... ~x ....................... doy of ............t.~.~ ..................................19~ ............. ?~Z~,.~.,....C.....~.~.~ ....... Notary Public 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 seaward of area under construction? Yes Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined Town Code, Ch. 97 for your reference.) by Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Yes 4. Are there any existing or proposed fences, concrete/.], barriers, decks, etc? 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: 6 ft. o If project is proposed for principal building or structure, is total height at more than 35 feet above Yes average ground level? State total: ft. 7. Are there other premises under your ownership abutting 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 State Permit # and Nature: No No No Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): 10. 11. 12. 13. Planning Board Yes No Town Board Yes No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.Y.S.D.E.C. Yes No Other Yes No Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers ~o~ and conditions of sale (from contract). Yes Is new construction proposed in the area of contours at 5 feet or less as exists? Yes If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes No the requirements of Ch. 97 of the Town Code? Please list present use or operations conducted upon the subject property at this time vacant land and proposed employee paKk~ng lot for Mullen Motors I certify thwart t~ aJ~y~qStatements are true and are being submitted for my appl cation. ~th~ll(~rd Oz~A~eals in considering i (.,vF ~) (Authorized Agent) 3/87 1 k {~IIOllT EN.VIRONMEIITA~ AS~E:]~M£1IT F~ (a) tn order t,o nnowcr the question" in th1= short £AF is io aos~ed thac the pruparer will uso currently available info~n~Ition concol~lnE tho project and tho or other invostigat~ono w~ be ~dortakon. (b) If any question ha~ been answered '/e~ the project ~ny bo :~lEnlflcant and a ccmple:od Ear,re.entel Assessment Fo~ i~ necc~ar/, (c) If a~l questions have been answered No It ~ likely tkmu :hl~ proj,~ct ~. W~i project roa~t ~n a la~go phyoica~ cl~ngo ~o %he project si:o or physically alter more than 10 acrea of ~and? · · ...... -- Yes X 2, Will :hero bo a ~Jor change to any unique oF unusual land fo~ fo~d on :ho site? ---- Yo~ X 3. W~i ~roJec: al%or or have a large affect on an ex,stUn& body of water? · · · · · Yc~, X &. W~i project have a potentially larks ~pacb off gro~dwa:er quell%y? . . . . . y.:~ X '-plant or ank~%l 8pec~o~? · · . · · · ,. Yu:~ X,, Iio 7. W~I project res~% in a itaJor adw~rue affect an air quali%y? . . . e . . . .. Yea _~ 8, W~i proJec~ havo'a ,mist effect cn vimml char.- actor of the communi:y or scenic views or kno~m to bo ~portanc %o the co~r.~uni%y? . . . ---- Ye~ X No 9, Will project adveraoly ~pacc uny ~tte or struct- ure of h~:oric, pro-nia~oric, or importance or any aite doei~ated as e critical envLronmen~l area by a local a~uncy? , . , Yo~.---x 10. W~I project have a ~Jor affoc: on exio:~g or future recreational opport~i:tos? . . . Yoo X No ii. Will proJoct.r~ult',in ~Jor ~ cause a ma~or effec% :o oxiu%ing transportation 12. Will ~ro~ect reZ~arl7 cause objectionable odors, noise, Glare, vibra%lon~ or electrical distbrb- 1)* Will proJec~ have any inpact on public health or l&. W~11 proJo~: ~ffoc% :h~ exiu:ing co~unz:y by tiaa cf moro :bar ~ percent over a cnc~-your period or have a major ~egativ~e/'fect un tr, e n~ (hbort~o~d?. Yc~ X ~ I~o TITLE: Attorney DATE: May 13, 1987 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS June 18, TELEPHONE(516) 765-1809 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S. E. Q. R. A. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: PROJECT NAME: 3634 RICHARD F. MULLEN, JR. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Fence in frontyard area above min. four-feet LOCATION OF PROJECT: Token of Southold, County of Suffolk, more particularly known as: East side of Cottage Place,_ Southo~d, NY 1000-62-3-19 REASON(S) SUPPORTING THIS DETER~IINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. mc NOTICE OF HEARINGS NOTICE IS HEREBY GIVENs pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 18, 1987, at the following times: 7:35 p.m. Appl. No. 3605 - TED DOWD. Variance for Approval of Access pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suffolk County Tax Map as District 1000, Section 56, Block 1, Lot 5.1 (5), containing 7.3± acres. 7:40 p.m. Appl. No. 3632 Rehearing on Amended Application of NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) to permit the estab- lishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39, containing 1.75± acres. 7 Variance (100-32) with an Location side of ID No. :45 p.m. Applo No. 3637 C. KAPOTES AND A. HOMAYUNI. to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwelling insufficient frontyard setback from Soundview Avenue. of Property: East side of Goldin Avenue and south Soundview Avenue, Southold, NY; County Tax Map Parcel 1000-135-2-22. 7:50 p.m. Appl. No. 3641 BRETT AND JANET KEHL. Variance to the Zoning Ordinance, Article III, Section 10~-32(A) for approval of the construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article III, Section lO0-31(A) for permission to construct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18, 1987 7:55 p.m. Appl. No. 3634 - R_~ICH~AR__~_D F~. MULLE~N~ J~R: Variance the Zoning Ordinance, Article XI, Section lO0-119.1(A) for rmission to erect fencing in the frontyard area with a maximum ight of six feet. Location of Property: East Side of Cottage ace, Southold, NY; County Tax Map D~strict 1000, Section 62, ock 3, Lot 19. 8:05 p.m. Appl. No. 3412 as Amended - WILLIAM MOORE and BENJAMIN HERZWEIG. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for an insufficient setback from wetlands area, and (b) III, Section 100-31 for an insufficient frontyard setback, for a proposed single-family dwelling structure at premises known as 675 Meadow Lane, Mattituck Estates Map #4453, Lot #42, Mattituck, NY; County Tax Map District 1000, Section ll5, Block 05, Lot 007, containing .51± acre. 8:20 p.m. Appl. No. 3629 - IRWIN AND SONDRA THOMPSON. (To be reconvened) 8:30 p.m. Appl. No. 3543 - PETER AND BARBARA HERZ. (To be reconvened) 8:40 p.m. Appl. No. 3640 - FRANK AND EDITH SAWICKI. Variance for approval of insufficient width of three parcels in this pending Minor Subdivision, each having a minimum lot area of 80,000 sq. ft. Location of Property: north side of C.R. 48 (a/k/a North Road), Southold, NY; County Tax Map Parcel ID No. 1000-51-3-12.1, containing 15± acres. 8:50 p.m. Appl. No. 3625 - PUDGE CORP. Resolution concluding hearing. (No oral testimony.) 8:55 p.m. Appl. No. 3638 JAMES AND MARY TYLER. Special Exception modifying Appl. No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII, Section 100-70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block l, Lot 19.6. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18, 1987 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 conclusion of the subject hearing. For more information, please call 765-1809. Dated: May 21, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, to wit, June ll, 1987 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before June 15th. Thank you. LOT 4 LOT 3 LOT 2 N'71°5§'40"£' me/a/ &I~'S L. ~5,'~z,,o t ~'' ~z'~ 24' , " '- LOT LOT 27 PLAN OF' PROPERTY AT' SOUTH OLD KORN ROA 5) 'mu/t, nit ~nllTunl n DRAINAGE CRIT~RI~t PARKING AREA = 12, 930 $O.F 12950 XlX.17 = 2198 CU. FT. GRASS AREA = $800 SO. FT. 3800 X 0.:3X0.17 = 194 CU. FT. 2392/42.24/4 = 14 8'DI: /,,d t ELEVATIONS ARE REFERENCED ASSUMED DATUM. ~-~ PROPOSED ELEVATION ~ TRAFFIC FLOW OWNER RICHARD F.~ MUL~_EIV, JR. C/O MULLEN MOTORS SOUTHOLD NY NOTICE OF HEARI~G,~ NOTICE IS ItER~ GIVEN, pursuant to Section z~ of the Town Law and the Code of the Town of Southold, the follow- lng public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, South- · old, New York, on THURS- DAY, JUNE 18,19~7, at the fol- lowing times: 7:35 p.m. Appl. No. 3605 - TED DOWD. Variance for Ap- preys! of Access pursuant to New York Town Law, Section the Main Road, Southold, and 1000, Section 56, Block 1, Lot 5.1 tion of NORTH FORK EARLY LEARNING CENTER. Vari- Article III, Section 100-30(A) to Day-Care Center, at premises Community Center, north side County Tax Map Parcel ID No. 1.75-+ acres. yard setback from Soundview Avenue. L~ation of Property: south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No, 1000.135.2-22. 7:80 p.m. Appl. No. 3641 - BRE'Fr AND JANET KEHL. nance, Article Ill, Section I00- 32(A) for approval of the con- struction of an accessory build- ing with height in excess of maximum 18-feet, or in the al- ternative, Article III, Section 100-31(A) for permission to con- struct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. alnO'78'4'32' 7:55 p.m. Appl. No. 3634 -~ CHARD F. MUI.L~N, JR. ] riance to the Zoning Ordi-/ ce, Article XI, Section 100- / 9.1(A) for perm/ss/on to erect [ fencing in the frontyard area ~ ~wit, h a maximum height of six \ feet. Location of Property: East \ Side of Cottage Place, Southold, \ .N~Y~; County Tax Map District ~ 1000, Sectio~ 62, Block 3, LOt 19. ] Amended WILLIAM MOORE AND BENJAMIN HERZWEIG. Variances to the back, for a proposed single-faro- ises known as 675 Meadow IRWIN AND sONDRA THOMPSON, (To be recon- NEW YORK ) ) SS: OF SUFFOLK ) d Wi 1 1 iamb; of Greenport, in nty, being duly sworn, says that he/she is I Clerk of TIlE SUFFOLK TIMES, a Weekly ~er, published at Greenport. in the Town ,old, County of Suffolk and State of New d that the Notice of which the annexed is t copy, has been regularly published in ~vspaper once each week for 1 ~ccessively, commencing on the 19 87 vaned} 8:30 p.m. Appl. No. 3543 - pETER AND BARBARA HERZ. ITo be reconVcned) 8:40 p.m. Appl. No. 3640 - FRANK AND EDITH SAW1CKI. Variance for ap- proval of insufficient width of Principal Clerk three parcels in this pending Minor Sulxlivision, eaf. h~h~a~i.n.g tt~ore me this side of C.R. 48 (g~a NeAh ~ad), Southold, NY; Coo.t> ~ V~ /k ~~ Tax Map parcel ID No. 1000-51-'[ ~ - ~//~ 3 i2 1, containing 15 ~ acres. ' t/ ' 8:50 pm. Appl. No. 3625 - pUDGE CORP. Resolutio ~ concluding hearing. (No oral ~astimony.) 8:55 p.m, Appl. No. 3638 - JAMES AND MARY TYLER- Special Exception modifying Appl. No. 3400 ~ ~rmit vehicle struc~d in this establishment of a uubl c garage under A~icle ~ning C~e. ~ation of Prop- e~y: 6795 Main ~ad, ~urel, NY; Mattituck Holding Co. Minor Su~ivision l~t ~3; County Tax Map District 1000, S~tion 125, Bilk 1, ~t 19.6. The Board of Ap~als will hear at said time and place all ~g to ~ hea~ in each of the will not start bcfo~ the time al- Iot~d. Written commen~ may ~ submittal prior ~ the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: May 21,1987. BY ORDER OF THE soUTHOLD ToWN BOABD OF APpEA~ ~ R GERARD P. GOEHRINGE , CHAIRMAN Linda Kowalski, 1TJl1-5625 NOFICF. OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the ~O_UTHOLD TOWN BOARD OF APPEAL~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY, on THURSDAY, JUNE 18., 1987, at 7:35 p.m. Appl. No. 3605- TED DOWD. Variance for Ap- proval of Access pursuant to New York Town Law, Section 280-a, over a private right-of- way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suf- folk County Tax Map ~s District I000, Section 56, Block 1, Lot 5.1 (5), containing 7.3± acres. 7:40 p.m. Appl. No. 3632. Rehearing on Amended Ap- plication of NORTH FO~RK 1_". A R Ly _ JL E A. R~._N.I.~_~' (__'_ENTF..~. Variance to the Zon- ing Ordinance. Article Ill, Sec- tion 100-30(A) to permit the establishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- tituck, NY; County Tax Map Parcel ID No. 1000-140-2-39, containing 1.75± acres. 7:45 p.m. Appl. No. 3637- C. .1~. AND A. HOMAYUNI. Variance to the Zoning Ordinance, Article llli Section 100-31 (100-32) for per- mission to construct deck addi- tiou to dwelling with an insuf~ ficient frontyard setback from. Soundview Avenue. Location of Property: East side of Goldin- Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 pan. Appl. No. 3641. BRETT AND JANE_.T._KEH[~, . Vmiance to the Zouing Or- dinance, Article 111, Section 100-32(A) for approval of the construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article Ill, Section Iffd-31{A} for permission to con- si rucl addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, COUNTY OF SUFFOLK STATE OF NEW YORK 8:05 p.m. Appl. No. 3412 as Amended. X.Wii,.LIAMMOORE lng duly sworn, says that she is the /M~D_.Jt~F,.Nig~dN_I~,Ii, Z: G ISLAND TRAVELER-WATCHMAN, WEIG. Variances to the zoning ~rinted at Southold, in Suffolk County; Ordinance, Articles: (a) XI, Sec- tion 100-119.2foraninsufficient ,f which tine annexed is a printed copy, setback from wetlands area, and in said I.ong Island Traveler-Watchman (b) Ill, Section 100-31 for an in- sufficient frontyard setback, for ......................... weeks a proposed single-family dwell- ing structure at premises known ting on the as 675 Meadow Lane, Matfituck ...................... Estates Map No. 4453, Lot No. ~:' -'7 42. Mattituck, NY; County Tax 2~r.x. ..... t 9 . Map District 1000, Section 115, BlOCk 05. LOt 007, containing ===~_-:_ : .51± acre. . .............................. 8:20 p.m. Appl. No. 3629- IR-t_.~_~ ' W N AND SONDRA T_ .H O M._Q._M2..~.Q.N. (To be reconvened). 8:30 p,m. Appl. No. 3543- ~e this ..................... cla~ of ~ETER AND BARBARA I:tERZ. (To be reeonvened). . ....... [ 0 ..... 8:40 p.m. AppL No. 3640- .F, RANK AND EDITH SAWICKI. Variance for ap- proval of"'~insufficient width of · ) / three parcels in this pending,/ ~'~ -/'7t~.,.. Minor Subdivision, each having' a minimum lot area of 80,000 Notary Public sql ft. Location of Property: north side of C.R. 48 (a/k/a North Road), Southold, NY; BARBARA FORt~I!S County Tax Map Parcel ID No. Notary i'.1,%, 1000-51-3-12.1, containing 15± ' 8:50 p.m. Appl, No. 3625- Con,mh:s,m l.~xpit-e3 d~o~../ p..UDGE CORP. Resolution / concluding heariffg. {No oral testimony.) 8:55 p.m. Appl. No. 3638- JAMES AND MARY TYLER. Speciai Exception modifying Appl No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII, Section 100-70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision LOt No. 3; County TaX Map District 1000, Section 125, Block l, Lot 19.6. The Board of Appeals will hear at said time and place all lng to be heard in each of the above matters. Each hearing will NY; County Tax Map Parcel ID i not start before the time allot- No 1000-78 4 32 ~ ted. Written comments may be ~2 .. ' 'J' '. ...... ~ submitted prior to the cone u ¥'aria~ce ~ ~ ~ more information, please call 8 - dinance, Article XI, Section 765-1809. 100-119.1 (A) for permission to Dated: May 21, 1987 creel fencing in the fromyard , BY ORDER OF THE area with a maximum height of SOUTHOLD TOWN six feet. Location of Property: \ BOARD OF APPEALS Easl Side of Cottage ~lac-e, \GERARD P. GOEHRINGER, Southold, NY; County Tax Map \ CHAIRMAN District 1000, Section 62, Block / Linda Kowalski, 3, Lot 19. J Board Secretary ~...: J IT-6/11/87(9) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ¢:;OUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 July 9, 1987 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3634 Richard F. Mullen, Jr. (Fence Variance) Dear Mr. McLaughlin: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do or that of the questions. not hesitate to call either our office (765-1809) Building Inspector (765-1802) if you have any Yours very truly, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to: Building Department By Linda Kowalski Planning Board Suffolk County Planning Commission APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RnAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'711 TELEPHONE (516) 765-1809 Pursuant to Board of Appeals the following to Variance Variance Special Special x Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: from the Zoning Code, Article ×I, Section iO0-1ig.i(A) from Determination Exception, Article Pe rmi t of Southold Town Building Inspector , Section Appeal No.: 3634 Applicant: Richard F. Mullen, Jr. Location of Affected Land: Cottage Place, Southold, NY 11971 County Tax Map Item No.: 1000- 62-3-19 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Lan, Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County ttas Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission to in the frontyard area with a maximum heiqht of six ~eet .... Copies of Town file and Dated: July 10, 1987 related doc~]men[s enclosed for your revi~,w. O£PARTMENT OF PLANNING COUNTY OF SU FFO'f' .~"~) July 17, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) William Moore & Benjamin Herzweig Richard F. Mullen, Jr. 3412 3634 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 {516) 477-1016 May 13, 1987 Southold Town Board Main Road Southold, NY 11971 of Appeals Re: Richard F. Mullen, Jr. 1000-62-3-19 Dear Linda: I have enclosed an application for a variance allowing my client to erect a six-foot high fence along his front yard bordering Cottage Place and as part of a parking lot for employees of Mullen Motors. I have also enclosed my check in the sum of $150.00 for the filing fee. A variance to allow this parking lot was granted by the Board of Appeals in Appeal No. 3608. All other pertinent docu- ments including site plans were made a part of that file. JKM/lg Enclosure V e r)y/ t~ y~ur/ Southold Town Board of Appeals MAIN ROAD' STATE ROAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in 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'ERARD P. "~OE~RI~NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of RICHARD F. MULLEN JR. to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ( Keff~t~ (Other) [cJ. rc.1e choice] I. 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 265 Cottage Place, Southold, New York, Map No. 399, Lot Nos. 32 b 33 · Tax Map No. 1000-062-03-19 3. That the property which is the subiect of such Petition is located in the following zoning district: partially within a B-1 and partially within a residential district 4. That by such Petition, the undersigned will request the following relief: a variance to allow applicant to erect a 6 foot high fence along the front yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Sectic~ 100-119.1 (A) [ ] Section Z80-^, New York lown Law for approval of access over ri§ht(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 ma)' then and there examine the same during regular office hours. (5'16) 765-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Boar~l 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 righ, to appear and be heard at such hearing.Dated: May 13, 1987 ~ c/~ J. Kevin McLaughlin, Esq. P.O. Box 803, Greenport, NY 11944 (516) 477-1016 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS John E. Walters Albert W. Albertson and another Southold, New York 11971 Hortons Lane, Southold, New York 11971 P 427~ 459 9L~2 Mr. John E. Walters Cottage Place Southold, NY 11971 .22 .75 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: H~ ~c~ ~l~ , being duly sworn, depos~ and says ~hat on the ~ ~ ~' day of ~ ,1 9 ~ , deponent mailed a true copy of the Notice set forth on the re- ve~ side hereo~, directed to each of the above-named persons at the addresses set opposite ~h~r respective, name; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current assessment roll of the Town of Somhold; that said Notic~ were mailed at the United States Post Of- rice at ~ ~ '~ ~?~ ~ ~ ; that said No~ices were mailed to each of said persons by (certified) (elm) mail.' Sworn to/l~ore~hi~ da~f'~ //[ // (This side does not have to be completed on form transmitted to adjoining property owners.) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 4050: Application for RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101Cl, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zone and planning for existing uses). WHEREAS, a public hearing was held on September 26, 1991 and at said hearing all those who desired to be heard were heard am 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, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is located in the General "B" Business Zoning District and is a 100' by 197' tract of improved land identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 20; (b) abuts other land of the applicant herein to the south which has been the subject of prior Applications under: (a) No. 3675 rendered November 18, 1987; (b) No. 3674 rendered November;18, 1987, (c) No. 3608 rendered April 2, 1987 and (c) No. 3634 rendered June 30, 1987; (c) is improved with a principal one-story building used for car sales and repairs, and two existing accessory : buildings, all as shown on the site plan prepared June 15, 1987 Page 3 - Appl. No. ~7. Matter of RICHARD MULLEN, JR. Decision Rendered September 26, 1991 comfort, convenience or order of the town, or be adverse to neighboring properties; (c) .~.~hat the relief ~erein will not create a substantial increase in business use or use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from the requirements is limited to an outside display area of approximately 280 sq. ft. (two 7' x 20' concrete pads), which is minimal under the circumstances; (e) in considering all of the above factors, the interests of justice will be served by granting minimal relief, conditionally and as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for two 7 ft. by 20 ft. concrete (vehicle sales display) pads, SUBJECT TO THE FOLLOWING CONDI- TIONS. 1. That the concrete pads are limited to a number of two~ o~ for each vehicle to be displayed for sale, and each pad to not exceed a size of 7 ft. x 20 ft., as applied; 2. That each particular outside display pad shall be authorized for one unregistered vehicle, for a total of two. VOTE OF THE BOARD: Ayes: Grigonis, Dinizio, and Villa. lk Messrs. Goehringer, Doyen, This resolution was duly adopted. /../'/ GERARD p. GOEHRINGER, C~