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HomeMy WebLinkAbout3674 Main Street Feb. 4, 1960 Southold, NY Page 5 GRANTED special exception for additional advertising sign on front of Mullen Motors building, Southold, subject to conditions on Page 7. Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3674 Application Dated Se@tember ]8, ]987 TO: Mr. John Bertani, as Agent for RICHARD MULLEN, JR. 1380 Oakwood Drive Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November ]8, ]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 VII , Sections]00-70 and 100-71 [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of RICHARD MULLEN, JR. for a Special Exception to the Zoning Ordinance, ArtTcle VII, Section 100-70 (and 100-71) for permis- sion to construct addition for showroom use incidental to the existing car-sales business use in this 'B-I" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY, 1000-62-3-19 and 20. WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of RICHARD MULLEN JR. under Application No. 3674, 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 vi. ewed 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. The premises in question is located in the B-1 General Business . Zoning District and is a 100' by 197' parcel of improved land identi- fied on the Suffolk County Tax Maps as District lO00, Section 62, Block 3, Lot 20. Abutting this property along the south side is other land of the applicant herein which has been the subject of prior Appeals No. 3608 rendered April 2, 1987 and No. 3634 rendered June 30, 1987. 2. The subject premises is improved with the principal one-story building used for car sales and repairs, and two existing accessory buildings, all as shown by site plan prepared (CONTINUED ON PAGE TWQ) DATED: December 3, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3674-SE Matter of RICHARD MULLEN JR. Decision Rendered November 18, 1 987 June 15, 1987 by Antonucci & Lawless, Yonkers, New York. 3. By this application, applicant requests a Special Exception under the Provisions of Article VII, Section 100-70 and 100-71 for permission to establish a car-showroom use in a proposed 19± feet by 29-ft. wide addition, which is to be used in conjunction with the existing car-sales business. 4. The proposed building is to set back not less than 15 feet from the northeast corner of the addition to the northerly front property line and approximately 20 feet at the northwesterly section. A 10-foot grass buffer area exists between the applicant's property line and the street line. The setback from the westerly front property line (along Cottage Place' will not be reduced by this proposed project. 5. In considering this application, the Board has deter- mined: (a) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in adjacent use districts; (c) the safety, health, welfare, comfort, convenience, and order of the Town will not be adversely affected by the proposed use and its location; (d) the use will be in harmony with and promote the general purposes and intent of the zoning ordinance. The Board has also considered items [a] through [l] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the permit requested under Application No. 3674 in the Matter of the Application of RICHARD MULLEN JR. for the construction and use of a one-story, 19-foot addition as shown on the June 15, 1987 Site Plan prepared by Antonucci & Lawless, Architects and Engineers, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback at the closest points be not less than 14 feet from the front (north) property line [as applied]; 2. No vehicles between the proposed addition and forward (to the north front 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. lk GERARD P. GOEHRINGER, December 3, 1987 RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE HOUR Town Clerk, Town of SouC~.olC). FORi~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ~o. · 1~7.1. PLEASE TAKE NOTICE that your application dated .... {~ ....q 19 .~.7. for permit to construct...0~...~e~.. ~..~...o~A~..... ~ .......................... at Location of Property ;~..&../.~..O .... '~..~...~..~...~..~. .e.~.. ~ouse No. ' *S'tr~et I , Ham,tet ~'~' ...(~..[o. ~ ..... Block Lot .. ~ ....... County Tax Map No. 1000 Section ... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the foIlowing grounds. ~ ~.-~' ~.:..e.~, .0,.~ .z,...~. ~..~... 4.....~,...~. Building Inspector RV 1180 ~OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application Date Filed: ('R'esf'~ence,' House No. and Street) (Hamllt, ~7~ Zip Co~e,~eleph6ne Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION I00 , SUBSECTION '71 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): -Fo ho roo A. Statement of Ownership and Interest. r-~\e~t~¢& F. ~u~q.~-C, is(~rc) the owner(-s-~ of property known and referred to as '~l&O ~i~'~"¢d'~ ~-¢ O_o~ (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section dY~&, Block O~ , Lot(~-) ZO , which is not (-i~)- on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southol'd Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner ~n ~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned [v~ is cmmsis~en~ with the use(s) described in the Certificate of Occupancy being furnished herewith.~e e~e o_~.~\~b~ &u.t*r~ c~i~o¢- [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this (Nota~c)~' day of (Si gi]~ture} ZB2 (rev. 2/6/86) and nNEST[ONNAIRE TO BE CONPLETED AND SUBHITTED Pleas~e complete,, sign and return to the Office of the Board of Appeal,s- wit~'your completed applicat'ion forms. If "Yes" is answered to any queSt~o~ns below, please be sure tO depict these areas on your survey (or c~rti:fied sketcb~, to scale, ~nd ~u~mit ot~er supporting, documenta- tion, 1. Are there any proposals: to change., or alter land contouns?. Yes ~) 2. a) Are there'any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by %~n Code, Ch. 97 for your reference.) - ~es *b) Are ther~ any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level,l such as patios, foundations, etc? Yes Are the~e any existing or proposed fehces, concrete b~rriers, decks, etc? '5. I~ project ~s proposed for' an accessory building or structure, is ~'o~1 height at more than 18 feet above awerage ground level? State total: ft. If project i:s proposed for principal building or structure, is t'o%al height at more than 35 feet above average ground~l? State total: ft. Ar~ there other, premises under your ownership abutting th!is parcel? ~£ ~es, please submit co. py of deed. Are there any building permits pending on this parcel (or abut.ting land under your ownership,'if any)? S~ate 'Permit # and Nature: Do st:ate whether or not applications ~re pending concer:~ing these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Tru-stees County Health Department Village· Of Greenport N.Y.S.D.E.C. Other 10. Is premises pendfng a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of s'ale. (from contract). ll. Is new construction proposed in the area of contours at 5 feet or less as exists? "~ 12- If new construction is proposed in an area within 75 feet .of wetland, grasses, or land area at a~ eleva- Yes O Yes ~ Yes ~ Yes ~ Yes Yes Yes Yes- Yes Yes Yes tion of five feet or less above mean sea level, ~ave you made application to the Town Trustees for a~ inspection for possible waiver or permit under the requirements of Cfi. 97 of the Town Code? - 13. Please list present use or operations conducted upon the subject prpperty at this time .~.~e.c~osoFo~-~ *Please submit pno~ograpns for ['ne recoro. I cerc~y that the above s~'atemen,ts-are true and are being submitted rel~anc] by the ~oard of Appeals-'-in cons~dmring my appl~catiqn.' Signature -(.Pr~?er~y.~Lf~i~e-~ CAu~hori'zed A~enc) Yes G for /~7-lk NEW YORK ST~ATE DEPARTMENT OF E IR N ~IpRoJECT . DIVISION OF REGuLANTV~ ~FEFANITR~L CONSERVAT[ON I.D. NUMBER State Environmental QuaUty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I 1. ApplicantJsponsor 3, Project location: [] New [~/Jxpansion [] Modification/alteration Project Information (To be completed by Applicant or Project sponsor) 'JU~ -' ~ 1S87 I 2. Project Name t"Po -l-n , S. Describe project briefly: 6. Precise location (road intersectibns, prominent landmarks, etc. or provide map) 7. Amount of land affected: Initially acres Ultimately acres 8. Will p posed action comply with existing zoning or other existing land use resti'ictions~ ~s [] No tf No, describe briefly 9. What is present land use in vicinity of project? [] Residential [] Industrial [~Commercial [] Agriculture [] Parkland/open space [] Other Describe: 10. Does action invo vea p ' BJapproval or funding now or ultimately from any other governmental 11. ODes any aspect of t action have a currently valid permit or approval~ [] Yes ~No If yes, list agency name and permitJapproval type 12. AS result of propos action will existing permit/approval require modification,~ [] Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS tRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ,SHORT 3NST~UCTIONS: (a) Ill order %0 answol" %ho quo~tion:l ~ro~aror will us~ currantly availabla infonn'l%loa concurnlna tho project and tho ~oly ~pac%3 ox %ho action. I~ l~ ~o~ oxpec~cd %hat othor lnvos~l~ation~ w~l be tmdortakon. (b) If any question baa boon anowor(,d Y,m t}m proJ(:c% rn7 Lo :~l~;nlflcan~ and (d) ~qvironm~n,t n l , l~.~ ~mt, n t %o the pro,oct oito or physically alter more than IO acr~ Of ~and? . . ...... , Ye~ ~ Ilo Will thoro bo a ~3or chan~o to nuy ,micluo o~ unuuual land ~o~ ~ound on tho alto? 3. W~i FroJect al%or or havo a lar~;o off.ct on aa .xA~%~n& body of w.t~r? . .... g, W~! pro3~: hav~ a potentially largo gro~awater quali~y? ' ' ...... ' W~I pro~ect sl~ificantly, off,~ct dralnaro 6.Will project affoct any ti~eat,m,.l 7.W~i pro,oct re~t~t In a ~raJor iltJviu-tl. ~H'fcct W~I prc3ec% havo'a c.nJor offoct cs vi:real c}mr- Will pro~oc~ advorsoly !mpac~ an7 importance or any si%o d~signatnd a:; a critical ~nvironmen~l uroa b~ a local aKu~cy? · * * 10. W~i pro3oct haw a ~Jor offoct on future rocr~ational opport~itiou'/ * · . Yeu ~ No ~11. Will proJoct.result' in ~%.Jsz' traffic problem, or 12. Will FroJoc~ rogt~arly cat~:;o (~b,~ectionable (~db]'~:, , -1). Will proJoct have any impact on public I~calth l&. Will pro3o~t ~ffoct :ho uxl:l~ln~; comm,m~%7 h7 . . character of tho COnL~ltNlity ~1' Itul,',ht:,;rlloCd '. ..... 'f,.: ~_ 153 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SnUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 November 10, 1987 JOSEPH H. SAWrCKI S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3674 SE PROJECT NAME: RICHARD 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:Construct showroom addition incidental to the existing car-sales business. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Corner of Main Road and Cottage Place, Southold, NY 1000-62-3-19 and 20 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short, form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) 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 TRANSCRIPT,OF HEARING SOUTHOLD TOWN BOARD OF APPEALS R-EGULAR MEETING OF ' TUESDAY~ NOVEMBER i0, 1987 Appl.'No.,3674 & 3675 Applicant(s): Richard Mullen, Jr. Location of Property: Corner of Main Road and E. ,County Tax. Map ID No. lO00- 62 ~ 3 - 19.and 20 Board'Members'present were: Chairman'Goehringer p. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also Present Were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately 20 persons in the audience. The Chairman opened the hearing at 7:35 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRING£R~: I have bef6re me a site plan dated 6/15/87 submitted by a-licensed archite~indicating the new addition and the planting area to be attached or affixed to the front of the Mullen Motors building. It appears to be approximately a six-sided addition. And we'll ask the contractor about it. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anything you'd like to add to this application? Side of Cottage Place Southold. JOHN BERTANI: NO. It'~ just as I stated in the application, they are building within one or two feet of the Main Road across direct- ly from the sidewalk on either side of Mullens. This would definitely, I think enhance the building. The Plannin~ Board has gone over it. They've asked for a few. things (we told them there would be no prob- lem) which is creating the planting in the front and doing away with that parking %n the front of the building and block off the access across the fro~t there to the other garag.e doors that he has now in the front and which we will comply with by putting curbs and putting things in the'fron~. ' CHAIRMAN GOEH'RINGE.R: How big is the actual addition? it's 29 feet wi. de'. What is the actual depth of it? I see that MR. BERTANI: I think it is 18 or 19. I'd have to look. I think it's about 250 or 300 square feet maximum is the whole addition.. I~'s an octagon shape. I think we'd be able fo fit two more small cars in the fron~. So we'll have a total of three cars we'll be able to ge~ in the showroom. Right now he's limited to one car and I think that's a problem 'for him. He can't show the cars properly out there. Page 2~November 10z_ 1987 ,Public Hearing - ~hard Mullen, Jr. Southold Z.B.A. CHAIRMAN GOEHRINGER: What about the, it's a one-story structure? MR. B£RTANI: Yes. One-story. CHAIRMAN GOEHRINGER: And what type of roof does it have? MR. B£RI^NI:~ Flat roof. Almost what is there now. A flat roof with a little para-foot wall around the front. CHAIRMAN GOEHRINGER: And it will approximately be as high as the front part of the building? So it's going to conform to the front of the building. MR. BERTANI: Yes. CHAIRMAN GOEHRINGER: the front property line if this was us. That's what I was looking for. Do you have any idea what the distance is to built? it to Maybe you can get MR. BERTANI: I think it's 27 feet or 26 feet. CHAIRMAN GOEHRINGER: Exactly 27 feet? Alright. that. Is there anything else you'd like to add MR. BERTANI: No, nothing. So we'll subtract to the application? CHAIRMAN GOEHRiNGER: Is there anybody else who would like to speak on behalf of this application? Anybody like to speak against it? You have to raise your hand fast. We keep this thing going. Any- body like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing, reserving decision until later° Ail in favor - AYE. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Mullen Jr. Main Road Southold NY 11971 March 20, 1991 NAR 2 l I 91 RE: Mullen Motors SCTM# 1000-62-3-20 Dear Mr. Mullen: This letter is in reference to the Planning Board's letter of April 20, 1990, to Wickham, Wickham and Bressler,(copy enclosed), requesting that the car pads in front of the new addition be removed to bring the site into conformance with the approved plan and the Zoning Board of Appeal's variance. To date, this work has not been accomplished. If the Planning Board does not hear from you within two weeks from the date of this letter, the matter will be turned over to the Code Enforcement Officer for further action. If you have any questions, or require further assistance, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Code Enforcement Officer Matthew Kiernan, Assistant Town Attorney Gerald P. Goehringer, Chairman, Zoning Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 15, 1990 Karen Hagen, Esq. Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Appeal No. 3674 and 3675 Richard Mullen, Jr. Dear Ms. Hagen, In response to your letter dated May 23, 1990 regarding the above application, on which an interdepartmental memorandum was issued to Valerie Scopaz on September 19, 1988. This Board based its approval conditionally that "No vehicles between proposed addition and forward {to the north front property line)." Under this condition it prohibits any vehicle to be located between these two points, whether the vehicles are par~ed, stopped or for show. If you require any further assistance please contact this office at 765-1809. Yours very truly, Gerard P. Goehringer Chairman ZBA/df Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD · "- .... April 20, .1990 SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Eric Bressler Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Mullen Motors SCTM% 1000-62-3-20 Dear Mr. Bressler: The Planning Board has made an inspection of the above mentioned premises and found it is not in conformance with the approved site plan of October 31, 1988. The two car pads in front of the~new addition must be removed to bring the site into conformance with the approved plan. If you have any questions, or require further assistance, please do not hesitate to contact this office. cc: Very truly yours, Bennett Orlowski Jr. Chairman Richard Mullen Victor Lessard, Principal Buidling Inspector Harvey Arnoff, Town Attorney Thomas Wickham, Councilman 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 ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 3, 1987 Mr. John Bertani 1380 Oakwood Drive Southold, NY 11971 Re: Appl. No. 3674 Richard Mullen Jr. (Special Exception) Dear Mr. Bertani: 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. Enclosure CHAIRMAN Copy of Decision to: Building Department By Linda Planning Board Suffolk County Planning Commission Mr. Richard Mul. len, Jr. GOEHRINGER Kowalski PZ S LD Southold, N.Y. 11971 (516) 765-1938 TO: F ROM: DATE: RE: Gerry Goehringer, Chairman, Board of Appeals Southold Town Planning Board ~,~ October 9, 1987 Mullen Motors Showroom Addition Proposal at East Side of Cottage Place, Southold In response to your memorandum of September 30, regarding the above mentioned site plan, the Planning Board has reviewed the matter and offers the following comments: The curb cut and driveway to the front~ overhead door from the MainRoad should be clearly defined on the site. The parking spaces alongside the building on the east side of Cottage Place are probably adequate for the customer parking. The front yard area (around the proposed addition) should be landscaped with plantings. Parking should not be allowed between the addition~and the driveway to the front overhead door. APPEALS BOARD MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l IELEPHONE (516) /65 1809 September 30, 1987 M,'. John Bertani, Builder 1380 Oakwood Drive Southold, NY 11971 Re: Appl. Nos. 3674 and 3675 - Mullen Motors Dear John: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board Members will be conducting reviews as required by State and local laws prior to advertising this matter for a public hearing. At this point in time, the Planning Board is expected to furnish a report evaluating the parking and egress/ingress areas which may or may not be affected by this project. We have asked that they submit their written comments no later than Monday, October 19th, in order that we may advertise this matter for a hearing shortly thereafter. A copy of the Legal Notice as published by our office in the Long Island Traveler-Watchman and Suffolk Times will be sent to you on or about October 20th as confirmation of the hearing date. Please feel free to call at any time if you have questions. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER yH !RMAN ~./ · , . Linda Kowalski Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCHI INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: Mrs. Valerie Scopaz, Town Planner Southold Town Plann~Board Board of Appeals~i~) September 30, 1987 SUBJECT:Mullen Motors Showroom Addition Proposal Side of Cottage Place, Southold Your Memorandum dated August 30, 1987 at the East In reviewing the above proposal filed with our office on September 18, 1987, it is noted that there appears to be a deletion of some of the parking spaces in the front yard presently used by customers for the proposed showroom expansion. We request your Department's evaluation of these site-plan elements at this time, particularly the parking areas and egress/ingress. The public hearing on this matter is expected for our latter October Meeting, and the advertising deadline is Monday, October 19th. Thank you for your assistance in this matter. EAST MAIN STREET SOUTHOLD, NEW YORK 11971 TELEPHONE (516) 765 3564 September 15, 1987 Town of Southold Building Department Town Clerks Office Southold, New York 11971 Dear Sirs, I Richard F. Mullen Jr. do hereby assign John Bertani to act as my agent in obtaining a variance from the Zoning Board of Appeals in regard to the building of a showcase addition at my place of business located at 56120 Main Road & 45 Cottage Place,Southold. Yours Truly, Richard F. Mullen Jr. SMITH, F1NKEL,qTEIN, LUN1)BEI~G~ ]SLEI~ AND YAKABOSHI August 31, 1987 Victor Lessard, Building Inspector Town of Southold Town Hall Main Road Southold, New York 11971 Re: Dinizio and Mullen Motors Dear Victor: My correspondence is a bit behind, I wish to confirm that in connection with the matter of Dinizio that the accessory structure will require a special exception hearing if it is sought as an expansion of the existing special exception and will most certainly require at l¢~ast ~ variance for side and rear yard purposes. In connection with ~ullen Motors. Again confirming our several conversations and those with the Town Planner it ' ~ ~s in my opinion that the structure on the Muller] Motors property may not be added to without a special exception hearing and if there is to be expansion in the direction of the main highway thereby reducing the front yard, the special exception hearing will have to address a variance request also to permit a reduced front yard. Very truly yours, FRANCI~ J. Y A~pOSKI FJY:knm South01d, N.Y. 11971 (516) 765-1938 August 1987 Mr. John Bertani Builder Colonial Road Southold, NY 11971 Re: Mullen Motors site plan SCTM9 1000-62-3-10.3; 62-3-11; and 62-3-20 Dear Mr. Bertani: It has been brought to our attention that before the Planning Board can consider site plan approval for the showroom addition on the Main Road, that you will have to first obtain a variance from the Board of Appeals to further reduce the currently non-comforming front yard set back. It is suggested that you contact the BUilding Department to obtain the necessary papers for filing such request with the Board of Appeals. The Planning Board will not continue to process this application unless you obtain this variance. cc: Sincerely yours, Valerie Town Planner Victor Lessard, Executive Administrator Linda Kowalski, Board of Appeals Secretary S4dr~ey [~ Bowne, P.E., LS. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A Stanton. p E. Robert W Brown, L.S ZabdielA Blackman, P.E, L.S George A Style, PE. Je~ry D AImonl, PE George L Fagan, Jr,, PhD., P.E. F~ank Capobianco, C,E Thomas R. Pynchon. L.S. "SIDNEY B. BOWNE & 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 August 14, 1987 Mr. Bennet Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Site Plan for Addition to Mullen Motors Town of Southold, N.Y. (SBB NO. 87142) Gentlemen: We have reviewed the above referenced site plan and we note that the new addition will result in a front setback of 15+ feet where the code requires 35 feet minimum. This proposal should be rejected as a code violation and forwarded to the Zoning Board of Appeals, if you see fit. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA VM:cl9 xc: Ray Jacobs, Supt. of Hwys. Ray Dean (SBB) V. Lessard, Exec. Admin. Bldg. Dept. MINEOLA · SMITHTOWN ,, NEW YORK CiTY · CLEARWATER Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, Hamlet ~,)~ ~ MATERIAL SUBMITTED: File # Suffolk County Tax Map No. Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map site ~la~ Other Comments: Ve, ry truly yours, BENNETT ORLOWSKI, JR. ,CHAIP~LAN SOUTHOLD TOWN PLANNING BOARD JOHN BERTANI BUILDER INC. 1381~! OADWOOD DRIVE SOUTHOLD, NY 11971 JULY 7, 1987 Ms. Valerie Scopaz Town Planner Town of Southold Main Road Southold~ N.Y. 1:[971 Re: Multen Motors Dear- Ms. Scopaz: As per your request .for additional information regarding the above addition to Mullen Motors,~_n_lo..,edr = please 'find the e].evatien drawings for the .addition to the exist, inq_ building. The front area wi 11 be used for- park: ~]g pLu~poses. The addition will accemodate new cars,. drainage calculatJons are as '~oll,~ws: use 1 .... ~ x ~ r:i. ng = !69 c:u. ft:. Jehn A. Bertani Presi dent JAB: 1 b Enc. SeL?" plo.,,.., Valerie Scopaz Town Planner Southold, N.Y. 11971 (516) 765-1938 D LD July 2, 1987 Mr. John Bertani, builder Colonial Road Southold, NY 11971 Re: Site Plan for Mullen Motors Dear Mr. Bertani: The above mentioned proposal has been reviewed and the following information is requested prior to further review and consideration by the Planning Board: elevation drawings for addition drainage calculations for addition indication as to whether front area wily be used for parking purposes. If you have any questions, please don't hesitate to contact our office. Very truly ~ours, Valerie Scopaz ~-~ Town Planner MULLEN MOTORS ADDITION TO SHOW ROOM: June 18, 1987: Site pt&n for addition to existing showroom wassubmitted to Planning Board July 2, 1987:. correspondence from Valerie Scopaz, Town Planner requesting elevation drawings and drainage calculations. July 10, 1987: drainagecalculations and elevation drawings submitted. July 17, 1987: drainage calculations referred to Sidney Bowne and Son, Engineers, for review. July 24, 1987: Valerie Scopaz discussed proposal with Planning Board at work session. August 10, 1987: Valerie Scopaz and Diane Schultze met with Robert Brown.with regard to a status of reviews by the Engineers. Mr. Brown stated that they had reviewed MUllen Motors site plan and appeared to be a problem with~the'.front yard set back. August 17, 1987: Received written response from R. Brown as he noted above. He stated that application will require a variance fore,insufficient front yard set back. August 20, 1987: Letter from Valerie Scopaz to the applicant advising as per Brown's correspondence noted above. NOTICE OF NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following bearings will be held by the SOUTHOLD TOWN BOARD O APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Sonthold, NY on ~, NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. No. 3677- ROBERT MOHR. Variances to the Zoning Ordinance, Article Ill, Section 100-31 Bulk Schedule, for approval of decks attached to dwelling with insuf- ficient rear and front yard set- backs, and Article 111, Section 100-32 for approval of accessory garage structure located partly in the.sideyard area. Location of Property: West Side of Wabasso St~t, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675- RICHARD MULLEN. JR. Variance to the Zoning Or- dinam:e, Article VII, Section 100-71, Bulk Schedule, for per- mission'to construct showroom 7:50 it~l~Jq~i~l. No. '3]i4- GEORGE- p; SCHADF. ~aariances to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of the proposed insuffi- cient lot area and width of two parcels in this pending set-off division of land located along the West side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Parcel No, 1000-78-7-42. 7:55 p.m. Appl, No. 3673- ~ vmance to the Zoning Ordinance, Article XI, Section 100-119,2 for per- mission to locate inground swimming pool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot No. 124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 100~0-2-74~ 8:~ P.m. Appl- No. 3681L LEONAROU$ AND MARIF VANOUDENALLEN. Variance t~ce, Arti- : cie I11, Section 100.31, Bulk Schedule, .for petmiaaio~l to con- struct addtion to dwelling with an insufficient setback from the addition with an insufficient structadditiont0dWellingw th frontyard setback from the ' i all insufficient set'oaek from the north property line. Location:Sail .' closest point of arc along the Prca.n~rt?' Corn-~~- of:,,l~.~.~ RoP. d ' front property inc. Location of and ~the: East.. Side ~of Cot~8[ ·; Property: North Side of Sailors Place, Southold, NY; Counl9 i Lane (a private road), approx- Tax Map Parcel No. , ~lllately 147 feet ~ of Little 1000-62-3-20 and 19. , Peconic Bay Road, Nassau 7:35 p.m. Appl. No. &~6~'~.~r 7 '~int' Cutch~ N~, Coun- RICHARD MULLEN~,f SR.J ty Tax MaP Parcel No, Special Except on to theZonMg f 1000~ Ii.l-14-7. i Ordinance, Article VII, Section ! ~:pimf ,it~l. No; ~3683- 100-71, Bulk Schedule, for per- .G,E? . . PENNY INC. Variance'to th~ mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-I, General Business Zoning District. Loca- tion of Property: Corner of Main Road and East Side 9~ Cottage Place, Southo[d, NY, 1000-62-3-19 and 20. 7:45 p.m. Appl. No. 3684- WILLIAM AND VERA MOLCHAN. Variance tO the Zoning Ordinance, Article IH, SectiQn 100-32, for permission to locate accessory inground swimming pool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of Ruth Road (north of Sunset Drive), MaHituck, NY ~ounty Tax Map Parcel No. dinance, Article XI, Section 100q19.1, for permission to erecl fence in the frontyard area at a height not to exceed 6~ feet. LoCation of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-38.1. 8!10 15;m. AppL :' No~2- Special Exception to the Zoning Ordinance, Article Vt I1~ Section 100,80(B) for permission to use existing storage building for warehousing and .storage of lumber and buildin8 materials and supplies, in conjunction with the existing lumberyard op- posite Sound Avenue. Zone Locat on of ProIs~rt¥{nt~utl~ · S~de ~ie SiSun~ A~n0e Road), MattltU~ck' N~t: ~om4ty, Tax Map Parcel N°. 1000-141-3-41. 8:15 p.m. Appl. No. 3678- DAVID LaFRENIERE. Variance to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition to existing building with~an insuf- ficient setback from the side {westeriy) property line Loca- tion of Property: Corner of Main Road and the ~t Side of Peconic Lane Pecoale, NY: County Tax Map Pamel No. 1000-75-5-10. Zone District: "B-I" General Business. 8:20 p.m. AppL No. 3671- ANDRE AND T~HO~AS ~ V~riance to the Zomng Ordinar~ce, Article I11, Section 100-30lA) for permis- sion to utilize premises for book publishing operations, whok'aale bOOK storage, and Updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residen- tial and Agricultural. Location of Property: West Side of Depot Tax Map l~r¢~l - No. 1000:96-5-1.2 and pan of I.l. 8:35 p.m. App[ 'N0. 3679- m ssmn to construct olin deck addition with an insufficient set- back from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reyd~ Shores Map, Lot 9 and l}~,rt of 8, Southold, NY; County Tax Map Pamel No. 10(~ 1246. 8:45 p.m. Appl No. 3564. JOHN DEMPSI~,Y/RO~IN RAEBURN. Vattaheas: {t0 for final approval uild~r Ne~York Town Law, Sectl~h 280-& OVer the existing private right-o~-nmy, and (bi for permission to locate · proposed dwelling with an in- sufficient setba~t from top of bluff along lll~ Long Island Sound, per Article XI, Section 100-119.Z Loctttion of Extending a~ lhe north end of a private ri~K~:.o f3vay north side~ Brid~ tension anaO~gon Rond/~ilYa ~ortherly di~) t~ ilte;~b- ject premis~ identified on the Suffolk County ~,Tax Mal~ as District 1000, ~ 73, Bilk 2. Lot 3.6 (pr~i :L4 and 9:.00 Il.m. AppL No. 3672-- dOr construction of n~w dwelling w~th an insufficient setback from nearest tidal wetlands and/or ordinar~ highwater mark along Deep Hol~ Creek. Loca- tion of Property: East ~nd of Lupron Point Road, Mattit~ck, NY: Connly 'Fax Mai: Parcel N~. 1000-115-Il-10. The Board of Appeals will hear at said time and place all lng to be he:ard.ia *.ach of the above matters. Ea~ hearing will not start before ~1~ time allot- ted. Written comments n/ay be sion of the subject hearing. For more information, please call 765-1809. Dated: October 26, I987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaiski, Board Secretary 1T-10/29/87(30) 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 Sworn to before me this (~ - day of Notary Public BARBARA FORBES Not.~T Public, ~r,~ of New N'o. 480~8~ 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 TUESDAY, NOVEMBER lO, 1987 at the following times: 7:30 p.m. Appl. No. 3677 - ROBERT MOHR. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of decks attached to dwelling with insufficient rear and front yard setbacks, and Article III, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675 RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. i7:35 p.m. Appl. No. 3674 - RICHARD MULLEN, JR. Special xception to the Zoning Ordinance, Article VII, Section 100-71, ulk Schedule, for permission to construct addition for showroom { se incidental to the existing car-sales business use in this 'B-I" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, ~.~ ;Y,' 1000-62-3-19 and 20. 7:45 p.m. Appl. No. 3684 - WILLIAM AND VERA MOLCHAN. Variance to the Zoning Ordinance, Article III~ Section 100-32, for permission to locate accessory inground swimmingpool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY, County Tax Map Parcel No. 1000-106-1-3. 7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Parcel No. 1000-78-7-42. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. llg?l fELEPHONE (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: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector XX Special Special Exception, ArticleVIII, Permit ~ SectionlO0-70 and 100-71 Appeal No.:3674 Applicant:Richard Mullen, Jr. Location of Affected Land:Corner of Main Rd. and Cottage PI., County Tax Map Item No.: 1000-62-3-19 and 20 Within 500 feet of: Town or Village Boundary Line [;outhold, NY Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned La~ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Draina!te Ch;~nnel Owned by the County or for Wt]ich The County Ha~ [stabli!,h~]d Ch~!nna. 1 Lines, Within One Mile of a Nuclear Pov~er Plant Within One Mile of An Airport. COMMENTS: Applicant is req'uesting permission to construct addition for showroom u~e incidental tg the existing car_~ales business use Copies of Town file and related documen[s enc]osed for your- review. Dated: Decenfoer 8, 1987 DEPART~IENT OF PLANNING COUNTY OF SUFFOLK NI~CHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN DIRECTOR OF PLANNING December 10. 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 Connnission 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) ~Richard Mullen, Jr. Richard Muller, Jr. David LaFreniere Mr. & Mrs. Robert Schissel Mr. & Mrs. William Molchan Municipal File Number(s) 3674 3675 3678 3679 3684 Very ~ruly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee inte_~Jntion of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(~cia! Exception~ (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~I~LO ~')")CLI~L~ ~eL ~- ~' ~D~/'o.~e.. ~/C.t~_~,, 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section J O'ZT'-- ~7 / [ ] 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 ma)/then and there examine the same during regular office hours. (516) 765-'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: IqWq Petit~ne'r - - Owl~e r s 'Names: Post Office Addr~s PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES__J bO. P 676 926 ~ RECEIPT FOR CERTIFIED NO FNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) SI~I a~No. I ~ _ ~ tare d ZI od P 676 926 L-~9 ECEIPT FOR CERTNFIED MANL ~NO INGURANCE OGVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., State and ZIP Code / ertified Fee pecial Delivery Fee Restricted Delivery Fee Return Receipt Showing qeturn recj~ ~s~l~v~l~g ~ ~h~h~ Date, anf~ ~es~.~of Dell~e~ day of r ....... ,19 ~ '7 Notary Public , being duly sworn, deposes and says that on the ,)qc~ day 19 'Y ~ , deponent mailed a true copy of the Notice set forth on the re- )f the above-named persons at the addresses set opposite their respective ;ire the names of said persons are the addresses of said persons as shown on 'own of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) Southold Town Board of Appeals 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 tall our office, 765-1809. Yours very G'ERARD P. GOEHR1NGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 34/The Suffolk Times/October 29, 1987 / Ordinance, Article VII, Sectio '.~'n~] ~,'~ [ 100-71, Bulk Schedule, for per- ~v~m ml~ ~ mission te c~nstruct addition for ~ ~ ~, showroom use incidental to the ~ / ex/sting~car~,~.les busines~ use ~ NO~I~OFHEARINGS ~ in this B-1 General Business NOTI(~ IS HEREBY ~ Zoning District. Location of GIVEN, pu/~zo~t to Section 267 ~ Property. Corne~r. of Mare Road oftheTownLawandtheCedeof/ and the ~ Side of Cottage ~ the ~fi.wn of SoUthold, the follow-~ Place, Southold, NY, 1000-62-3-/' ink,rings will be held by the~ 19 and 20. SOUl,HOLD TOWN BO~,RD ~ 7:45 p.m. Appl. No. 3684 - front property line. Location of OF APPEAI~ at a Regular Meeting at the ~outhold Town Hall, Main Road, Seuthold, New York, on TUESDAY, NOVEMBER 10, 1967 at the i'o]lowing timee: 7:30 p.m. Appl. No. 3677 - ROBERT MOHR. Vm'mme~ to t~ ~nlnff Ordil~nce, A~de ~ ~r a~ of ~ fi~ent ~ ~ ~t ~ ~- ~c~, ~e~ ~ 1~32 f~ a~v~ ~ No. 7:~ p.~ ~ No. ~5 - 7L B~ ~ ~ ~ sion~~- ~on ~ ~ ~ent ~- ty~ ~ ~ ~e ~ t~ E~ ~ of ~ ~, P~I No. 1~2~ ~ 19. ~ ~on ~ ~ ~ng / W~]~,M AND VERA MOL- CHAN. Variance to the Zoning Ordinance, Article Ill, Section 100-32~ for permission to locate acce~ory inground swmi- mingpeol, decks, and fence en- closure in the frontyard area (in ex~ of 300 feet from the front property line) at prem/se~ 1o- rated along the north side of Ruth Road (north of Sunset Drive), Mattithck, NY, County Tax Map Parcel No. 1000-106-1- 3. 7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Vari- anc~ to the Zoning Ordinance, Art/cie HI, Section 100-31, Bulk Sebeduie, for approval of the ~ insufficient lot area and width of two parcels in this pending set~off division of land located along the west side of C4Mar Lane (west of Summit l~ad), Seuthold, NY; County T~x Map Pardi No. 1000-78-7- 42. 7:55 p.m. Appl. No. 3673 - the Z~ning Ordinance, Article XI~ SeCtion 100-119.2 for perm/s- ~ to Iocato inground swim- mi~ool, d~ and fence enclo- sm~ with an insufficient setback from the tap of bluff along the Long Island Sound. Location of Property: north side of The Str~mt. Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN. Vari- ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct addition in dwelling with an insufficient setback from the closest point of arc along the Property: North Side of Sailors Lane (a private road), approxi- mately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutcbague, NY, County ,Tax Map Parcel No. 1000-111- 14-7. 8:05 p.m. AppL No. 3683 - GEORGE L. PENNY INC. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.1, for permission to erect fence in the frontyard area at a height not to exceed 6Va feet. Lo- cation of Property: North Side of Sound Avenue (or North Road), and the South Side of C.IL 48, (Middle Road), Mattituck, NY, County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. App]. No. 3682 - GEORGE L. PENNY INCJ JERRY SHULMAN. Special Exception to the Zoning Ordi- nance, Article VIH, Sect/on 100- 80(B) for permission to use ex/st- ing storage building for wareb. ousing and storage of lumber and building materials and supplies, in conjunction w/th the eaisting lumberyard oppeaite Sound Avenue. Zone D/strict: "C-L/ght Industrial.' Location of Property: South Side of Sound Avenue (or North Road), Mat- tituck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 - DAVID LaFRENIERE. Var/- ance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to con- struct addition to existing build- ing with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-1~ General Busi- 8:20 p.m. Appl. No. 3671 - ANDRE AND THOM~ CYBULSKI. Variance to the Zoning Ordinance, Articl~ HI, Section 100-30(A) for permi~mi~ to utilize premises for book pub- l/shing operations, wbale~ale book storage, and updated 280-A approval over the eaisth~ prl- vate cight~f-way for such use. Zone District~ "A' Resident/a[ and Agr/cuiturui. Location of Property: West Side of Depet Tax Map Parcel No. 1000-96-5- L2 and part of 1.1. 8:35 p.m. Alii. No. 3679 - ROBERT AND DOLORES mission to com~truct ~ d~k addition with an insu~Scient set- back from nearest wetlands per Article XI, Sect/on 100-119.2. Location of Pro~erOf 710 West Shore Drive, Reyden ~ores Map, Lot 9 and part of 8, South- old, NY; County Tsx Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 - JOHN DEMPSEWROBIN RAERURN. Varianees: (a) for final approval under New York Town Law, Section 280-A over the existing private right-of- way, and (b) for permission to lo- cate prope~ed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Proper~y: Extending at the north end of a private fight-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extort- sion and Oregon Road in a northerly direction) to the sub. ject premises identified on the Suffolk County Tax Map~ as Dis- trict 1000, Section 73, Block 2, Lot 3.6 (prey. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672 - ANTHONY GAMBINO. Vari- ance to the Zoning Ordinance, Art/cie XI, Section 100-119.2 for approval of the consh'uction of new dwelling with aa insufficient setback from nearest tidal wet- lands ~d/or ordinary hlghwator n~rk along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mat- tituck, NY; County Tax Map Parcel No. 1060-115-11-10. The Baagd of Appeals will hear at said time and place all persons or rel~entatives deair- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5756-17029 FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY 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. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of p~operty showing all property lines, streets, buildings and unusual natural or topographic features. 2.Sworn statement of owner or 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 $25.00 -- BUSINESS^gO. 00 ACCESSORY $10.00 2. Certificate of occupancy on pre-existing dwelling $ ~0 3. Copy of certificate of occupancy $ 5~)2, o',k~j~-~'ears $10.00 4.Vacant Land C.O. $ 20.0Q~ 5.Updated C.O. $ 50~j- ~' Date .......................... NewCons truc t ion ...... Old or Pr~xisting~Bu. ildi'ng ............ Vacant Land ............. Location of Property .......... ¢~, ....... ~ .................................... Owner or Owners of Property~ ........ ~_~ ................................................ County Tax Map No. Ii'Direction z'~( ........... Block ............... Lot ............. Permit No. (.?~. _ . . Date of Permit Applicant Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted S ............................. Construction on above described building and permit meets all applicable codes and regulations. Applicant .................................................... Rev. 10-I0-78 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD,~OF APPEALS TOWN O'F 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 100-10iCl, 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 af~ 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 Novembe~: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 accessoiy : buildings, all as shown on the site plan prepared June 15, 1987 Page 2 - Appl. No. ~ Matter of RICHARD MULLEN, JR. Decision Rendered September 26, 1991 by Antonucci & Lawless of Yonkers, New York. 2. This application is concerning two concrete pads of a size 7 ft. wide~ 20 ft. deep l~cated in the northerly front yard area northerly of the existing principal building with'new showroom addition. The concrete pads are at ground level and not higher than the level of the existing curbing along State Route 25 (see ZBA's photographs submitted for the record). This area is therefore not defined as "building area." The two concrete pads are within that area sectioned off for non-traffic purposes (restricted for off-street parking). 3. Ail other structures/uses and amenities are as surveyed and depicted on the August 13, 1991 map prepared for Mullen Motors, Inc. by Peconic Surveyors, L.S. (ID ~91-224). 4. For the record, it is also noted: (a) that the front yard area under consideration has prior to the construction of the showroom addition been utilized as an open parking area for the traveling public; (b) that although the maps submitted under the previous applications did not depict the front (northerly) p~r~ing area, the Board Members know from personal knowledge that this area has been utilized for more than 25 years; (c) that the intent of Condition No. 2 of this Board's decision rendered November 18, 1987 is to prohibit egress and ingress to this area for the traveling public (customers and employees included), and to allow an open and unobstructed view for traffic traveling north on Cottage Place and turning onto the Main (State Route 25) Road; (d) that the allowance of two concrete pads and sales display for two vehicles will not be adverse or create a dangerous or adverse condition, and will not interfere with the movement of traffic; (e) that the aesthetics of the front yard area will not be changed since its use will be limited to landscaped, nontraffic areas and display for two vehicles only, rather than an accessible parking area as previously existed. 5. In considering this application, the Board also finds: (a) that the relief, as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; .. (b) that the-relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, · , Page 3 - Appl. No. 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, Uinizio, and Villa. Messrs. Goehringer, Doyen, This resolution was duly adopted. GERARD ~. GOEHRINGER~ ~ lk