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HomeMy WebLinkAbout5598 tj MULLEN REALTY(R LARK)5599 LT — LOT SIZE REDUCTION 63-2-22.1 B 56340 MAIN RD SHLD (0, l-°4 .2tR it -q -o'{ 4 MULLEN REALTY(R LARK)5598 GG 3 SE/LOT LINE/ROW SB/LOT CVRG/60' FRNT MAIN RD SHLD 63-2-19, 20, 22.1, 24.1 B 19 orf to,,;Ito 4 - a° I- o 022. 1 c9u' I- - .l APPEALS BOARD MEMBERSdo®�® ®� Southold Town Hall Ruth D. Oliva, Chairwoman ti,i� 53095 Main Road Gerard P Goehringer ; P.O. Box 1179 Lydia A.Tortora 'rt � Southold,NY 11971-0959 Vincent Orlando : 91® t Tel. (631) 765-1809 James Dinizio,Jr. 1.. Fax(631) 765-9064 .� •_...,,,•� RECEIVED http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD s 4 �-!` � // FINDINGS, DELIBERATIONS AND DETERMINATION SOuthOId Town Ckrk MEETING OF NOVEMBER 4, 2004 ZBA Ref. 5598 and 5599— Mullen Motors (Mullen Realty) Property Location: Main Road, Cottage Place, and Locust Avenue, Southold CTM Ref. 1000-62-3-19, 20, 22.1, 24.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's parcels consist of a total area of 90,102 square feet with 302.60 ft. frontage along the east side of Cottage Place, 298.92 feet along the south side of Main Road (State Route 25), and 285.39 feet along the west side of Locust Avenue, in Southold. The property is located in the General Business (B) Zone District. The northwesterly parcel (CTM 19 and 20) is improved with a dealership for sales of new and used cars and trucks, and service-repair center, with related accessory uses and parking areas. The easterly parcel (CTM 22.1) is improved with four (4) buildings occupied by various businesses. The southeasterly parcel (CTM 24.1) is used for parking related to the adjacent business properties. BASIS OF APPLICATION: Building Department's March 25, 2004 Notice of Disapproval, amended August 12, 2004, citing Sections 100-102 (Bulk Schedule), 100-103C and 100-243 in its denial of a request for a lot line change and to build additions with alterations to the existing car dealership and service center. The reasons stated in the Notice of Disapproval are that, with the proposed lot line change, the applicant's plan does not meet the code requirements for: (a) minimum single side yard at 25 feet, (b) maximum lot coverage of 30 percent, (c) minimum lot size of 30,000 sq. ft., (d) building will have more than 60 linear feet on one street, and (e) the uses are nonconforming, since the property was not issued a special exception, and the overall footprint is being increased by more than 15 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: SPECIAL EXCEPTION Page 2—November 4,2004 File No.5598 and 5599—Mullen Motors CTM Id: 62-3-19,29,22.1,24.1 SPECIAL EXCEPTION REQUEST/CODE PROVISION: A Special Exception under 100-101 B(12) for a car and truck dealership (sale of new and use motor vehicles) and public garage (service center and repair of motor vehicles). All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations for the General Business (B) Zone District. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing dealerships and repair/service center uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: 1. Car and truck dealerships and repair/se`rvice center uses are permitted in this General Business Zone District under Section 100-1016(12) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. Since prior to 1960 a car dealership and service center has existed at the property, and the Town has issued numerous determinations relative to the use on portions of this property for these uses. The applicant is requesting a Special Exception for conforming uses, rather than the uses determined by the Building Department as nonconforming uses. The uses are in harmony with the zoning ordinance and the uses will remain exactly the same as it was prior to this application, in that the building areas will be modernized and lot line change will provide for improvements in ingress and egress without having vehicles back out on the public street, and servicing of vehicles inside the proposed new construction area. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100=263 and finds that: A) The use is a continuation of the current uses at the property. The existing building will be modernized and allow for reasonable expansion, providing for a safer environment for its customers and employees. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. The use is not a change of the existing use. The renovation and addition will meet or exceed all of the current federal, state, county work-related safety and health requirements. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the new construction, renovations to the existing building, and lot line change, as proposed and its location. D) The use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood Page 3—November 4,2004 File No.5598 and 5599—Mullen Motors CTM Id: 62-3-19,29,22.1,24.1 and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A car dealership and service center has existed at this property for over 45 years, and the General Business Zone provides for such use, allowed by Special Exception approval from the Board of Appeals and site plan approval from the Planning Board. C. The location of the proposed addition and renovations to the existing building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Outside storage is not proposed or authorized. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The continued operations as car dealership and service/repair center will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. Off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate is subject to review and approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be any undue concentration or assemblage of persons upon such plot in the operations as a landscaping business. Page 4—November 4,2004 File No.5598 and 5599—Mullen Motors CTM Id: 62-3-19,29,22.1,24.1 J. The continued use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not unreasonably near a school, theater, recreational area or other place of public assembly. M. The site is suitable for the new construction under the continued car and truck sales and service/repair center uses and related accessory uses considering its size and the character of the neighborhood. N. Concerns with respect to•outside storage of debris has been addressed as a condition of this Special Exception. No other evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. VARIANCE REQUESTS: AREA VARIANCES REQUESTED: The proposed lot line change will (a) increase the setback, after the proposed addition, on the existing single side yard, from 2 feet to 4+- feet; (b) Lot No. 2 will become more nonconforming from 26,806 sq. ft. to 21,355 sq. ft. It is noted that the lot coverage will comply with the code's 30 percent limit for Lot 2, and Lot 1 will be conforming with 44,152 square feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and . personal inspections, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The variances requested are for a long- established business located in the hamlet center of Southold. The applicants seek to make renovations, to enlarge the existing building to modernize the existing car dealership, to provide more efficient service for its customers, and to bring the facilities up to current day standards and regulations. Page 5—November 4,2004 ; File No.5598 and 5599—Mullen Motors CTM Id: 62-3-19,29,22.1,24.1 • 2. The proposed lot line change will create a conforming lot of 44,152 sq. ft. on lot No. 1 and will also decrease the existing lot coverage from 49.5 percent to 32.2 percent, 2.2 percent over the code's allowable 30 percent maximum. Although the lot size of Lot No. 2 will become more nonconforming from 26,806 sq. ft. to 21,355 sq. ft., there will be no change in the existing buildings and the lot coverage will comply with the 30 percent limit. The project and new site design will also improve traffic flow and congestion on Cottage Place by eliminating the multiple entrances and exits now required for servicing. The new design will allow all work to be conducted on site without the need to enter and exit Cottage Place for the various phases of service performed on vehicles. 3. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the limited size of the lot areas, and the existing nonconforming configuration of the buildings, no expansion or renovation would be possible without variances. 4. The setback variances granted herein are substantial in relation to the code but represent no change in the preexisting nonconforming setback. The area variances granted for lot size are not significant and result in one conforming lot (No 1) and nonconforming lot (No. 2) where two nonconforming lots existed. 5. The alleged difficulty has been self-created. 6. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighbor- hood. 7. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a modernized, improved car dealership, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Dinizio, and duly carried, to GRANT the Special Exception and Variances, as applied for, as shown on the plan dated Page 6—November 4,2004 _ File No.5598 and 5599—Mullen Motors CTM Id: 62-3-19,29,22.1,24.1 June 9, 2004, amended July 20, 2004 by Peconic Surveyors, P.C., and 12-8-02 diagrams prepared by William T. Medlow, Architect. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliv hairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0) 6 '.c ,c15,,, Ruth D. 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" / 'O L 22J I 44152 sq-IL 14,227 sq ll. 32.Z:: P.00 BOX 614 - 1_, \ / 9 SOUTHOLD, I`GY 11971 - _ / '_ 9' C_L II PFO 221 21755 sq.R 4556 s7-'1. ,W: AREA = 54,401 sq 11. \- \ - '\ :\ �� W \ _CL RI 24J 24595 sr,B. 55:g a 0 2x PARCEL 1 1000-62-03-19,20, P!O 22.1 _ j 0 AREA., 44,152 sof,. - .� '` r/-- _ u SURVEY FOR PARCEL !! 1000-62-03-P/O 22_f ��= '�x . '�L T /--------.- Q�lAA AREA-r-2!,355 s IL `. P '1 - a \ . L O T LINE CHANGE ' �z ���` • s AO( �T° III IN PARCEL 111 /000-62EA 2-! () . *,r $A PA MG T RP os S 24 MULLEN MOTORS, INC. AREA=24,595:�.u. 11 y,I + k \` AT SOUTHOLD m g ��� ` SPADE R�v�oDo'6--:a-" TOWN OF SOUTHOLD R�LTY GP 31 95\ 1 SUFFOLK COUNTY, N-Y- - � ,_ ,,.,Y - h1��, o`62_p3'j9 <` 1� SCALE:1"=20' / AD • PARKIN q n l June 9,2004 f 'Tp30` • July 30, 2004 loddiGonsl - - _________________:_;.,:_„.\--- r• TOTAL AREA z-90,102 sq ft. 1 ,,.•,°°' ,/ z ' 163-78 - O V '/"/ 162 884 rE0 1 ..--------- o 7 r a -w. a1 N1CC�' - Kt) / \ v &JA RI'Al.TEAR P YI 07 ADCMO I TO DDS ARVEY 6 A VXXA DON L (� - rC A OF SE50EPT ASS sEc=rlov nos r011Ksvaa TE z Aunom LA r. ovs , ,, 0•p0"W f 1 4 u mon 0 ••d O/, D 1� (0 rEREO..ARE YAW FOR TNS IUP Ano COPES nERE[Y OY_Y f _ l - o� s 73' N! son WP 07 COPES SCAR TIE EOA4 fb SEAL TAf A.RVE)'M - \ ORB N.Y.S.LIG NO 49616 SA0AROSEF ip 07 507.APPEAR IE 1.-D - • AOW1gYAGLY TO CWKY YlTi/SAD LA r•TFIb/"ALil74m or- _ Q- - - wI�VAM C P�co++%�SURVEYORS,P C ...UST 9E USED BY ANY AND ALL SURVEYORS VTLIENG A COPT - A. (6.311 765-5020 FAX(6311 765-17- OF AAVur-TO-DATE-AR. OTIN AKN"NCEECTH -AID P O. BOX 909 - BRaAvrT-TO-DATE"ARE NOTN LL^IRUhC£0TH 7co LAY \ . `V -: 1 3. _ ,N101r t PROPOSED ADDITION f•" -.-... ...'""--- _ - •-----',4t, - _ p. ., _ _ ��,{j'�/,� �� -�'_ ,\ °-Y 1270 TRAVELER STREET- . _ _ -- _______—____ }. ,-, V_ :"._:.;'.77-1 2._ - SOf/ThiOLA N.Y. !!9A — • • a 1 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 21, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 21, 2004, at the time noted below: 11:00 AM MULLEN REALTY,L.P. and RWM ENTERPRISES, INC. #5598 and #5599. Location of Properties: Main Road, Locust Lane and Cottage Place, Southold; CTM 62-3-19, 20, 22.1, 24.1. Appeal No. 5598: Request for Variances, relative to proposed Parcel I, under Sections 100-102 (Bulk Schedule), 100-103A & C, and 100-243(A) concerning proposed additions with alterations to an existing car dealership with service center, based on the Building Inspector's March 25, 2004 Notice of Disapproval, amended August 12, 2004, noting the following: (1) setbacks at less than 25 feet on a single side yard and less than 50 ft. total side yards, (2) lot coverage greater than 30% (3) setback at less than 100 ft. back from the right-of-way, (4) linear frontage is greater than 60 feet on Cottage Place and greater than 60 feet on Main Street; (5) enlargement in overall building footprint(s) of more than 15%; (6) expansion of a nonconforming building containing a nonconforming use; and (7) Special Exception for car and truck dealership and public garage under Section 100-1016(12). Appeal No. 5599: Request for a Variance under Section 100-102 (Bulk Schedule) for proposed Parcel II with less than 30,000 sq. ft. of land area, and with existing buildings at less than 25 feet on a single side yard and less than 50 feet total side yards. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 1, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply." The overall footprint is being increased by more than 15 percent. Furthermore, the building department has determined the use to be"non-conforming"because"public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities..." are permitted only by special exception and the property has never been issued a special exception from the Zoning Board of Appeals. Article X, Section 100-103 A., states, "Structures shall be set back at least 100 feet from the right of way." The existing building has a 12.9 feet from cottage place, the new construction will maintain that nonconforming setback. In addition, Article X, Section 100-103C., which states, "A project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one(1) street." The proposal notes 170 feet of linear frontage on Cottage Place, and 150 of linear frontage on Main Street. In addition, site plan approval from the Southold Town Planning Board is required. This Notice of Disapproval was amended on April 2, 2004,to include all of the parcels associated with this application and further amended on April 15, 2004, to reflect the fact that the existing use is "non-conforming," and on June 24,2004, to reflect changes to the site plan made by the a u ust 12 2004 to address lot coverae calculation corrects made b the sur, or. t __ Au' irgnatur; Note to Applicant: Any change or deviation to t u e .hove referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. 1 "r\ FORM NO. 3 v y — NOTICE OF DISAPPROVALwol DATE: March 25, 2004 AMENDED: April 2, 2004 AMENDED: April 15, 2004 AMENDED: June 24, 2004 AMENDED: August 12, 2004 TO: McCarthy Management Inc. A/C Mullen Motors f 46520 County Road 48 Southold,NY 11971 AUG 1 2 2004 Please take notice that your application dated November 3, 2003 '641;6�' WHIN.; F D OF l-V rc PF44L' For permit for a lot line change and additions and alterations to an existing car •ea erslup and`�`erve center at Location of property: Main Road, Southold, NY County Tax Map No. 1000 - Section 62 Block 3 Lot 19, 20, 22.1, 24.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article X Section 100-102,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herein in full." Bulk schedule allows a minimum single side yard setback of 25 feet, a total maximum lot coverage of 30 percent and a minimum lot size 30,000 square feet. Following the proposed lot line change and the proposed construction,parcel one, with an existing side yard setback of+/- 2 feet, will have a side yard setback of+/-4 feet. Following the proposed lot line change, lot one will become conforming, from 17,430 to 44,152 square feet in size and less non-conforming in lot caverage from 49.5 percent to 32.2 percent; lot two will become less nonconforming in size fro(-21,355 square feet to 29,806 square feet,/and lot coverage will remain below the allowed 30 percent; lot t ee wi remain. 2 In addition, the construction is not permitted pursuant to Article XXIV Section 100-243,which states; "A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below,unless the use of such building is changed to a conforming use. a) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing ' =MOWN OF SOUTHOLD, NEW YORK �� AUG 2 6 2004 �� APPLICATION FOR SPECIAL EXCEPTION ZONING BOARD urPP:_ ACLU '1°A ' Application No. T-5-47e Date Filed: SE+Ua)- . TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: 4 (We-) , MULLEN REALTY, L.P., t and of 56340 Main Road RWM ENTERPRISES,, INC. (Residence, House NO. and Street) , \ Southold, New York 11971 (631-765-3564) N,, (Hamlet, State, Zip Code, Telephone Number) herebyyapply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONTN G--ORDINANCE, ARTICLE x , SECTION" 100-101 , SUBSECTIONB. (12) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): car and truck dealership (sale of new and used motor vehicles) and public garage (service center and repair of motor vehicles) . Applicant is a DAmler Chrysler dealership and is being requested to renovate and modernize the existing building so all repair and service functions are inside the building for an efficient and safe operation. As a result, applicant has to enlarge the footprint of the existing building. To obtain the necessary permits to accomplish this work, the Southold Town Building Department is requiring a lot-line change and site plan approval from the Southold Town Planning Board as well as area variances and a special exception from the Southold Town Zoning Board of Appeals. A. Statement of Ownership and Interest. Mullen Realty, L.P. is(are-) the owner(s) of property known and referred to as 45 /Cottage Place, Southold and 265 (House No. , Street, Hamlet) A identified on the Suffolk County Tax Maps as District 1000, Section 62 , Block 3 , , Lot(s-)19 &20 , which is not (i-s-) on a subdivision Map (Filed N/A , ;1J-,"Map of N/A " Filed Map No. N/A, and ,has been approved by the Southold Town Planning Board on N/A „t _ ,,4 as a, [Minor] [Major] Subdivision) . RWM Enterprises, Inc. , owner of 56340 Main Road, t', Southold (SCTM � r000�62-3-22.1) . The above-described property was acquired by the owner on December 10 , 1998 and. B. The applicant alleges that the approval of this exceptionuwoulld4be 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: (See attachment J ', - pages) ,r4 a1: _ ? General Business (B) -r 'and '''' ,,, C. The property which is the subject of this, application is zoned District ' [ x] Is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) MUL REALTY, L.P. • STATE OF NEW, YORK) ss. : By ure) Richard F. Mullen, . , _ Sworn to before me this 13th day of August, 2004 , 4- . General rtner 0. 1 , ," ,C6.4itelbtr--)-- RWM ENTERPRISES, INC. ('o t a ry 'ub i c) BARBARA DIACHUN By let.,24.1Ane�eniei L ..41r. . ere-4 ZB2 rev. 2 NOS , eofNew york Richard F. Mullen, III, President ( /6/86) , No 01014635190-Suffolk County Commission Expires Oct.31,2006. ATTACHMENT TO APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS FOR MULLEN REALTY, L. P. AND RWM ENTERPRISES, INC. B. At the outset the Zoning Board of Appeals should be aware that the applicant ' s business known as Mullen Motors, Inc . has operated a car dealership for Chrysler products in this area , since 1927 . Despite the Southold Town Building Departments contrary assertions, since February 5, 1960, the Southold Town Zoning Board of Appeals has granted numerous variance and special exception approvals for the use of portions of this property for, the sale ,of new and used cars and txucks as well as service center for the repair of motor vehicles on the applicant ' s property (see Attachment A containing the variances and special exceptions heretofore granted by the Board of Appeals) . However, the Building Department has determined that applicant ' s use of the property is "non-conforming" and the Building Department wants another special exception approval from the Zoning Board of Appeals as set forth in the amended Notice of Disapproval dated June 24, 2004 . Your applicant ' s proposal for the expansion of its building- provides that the entrance and exit driveways will have an unrestricted width of not less -than 12 feet and not more than `30 feet fn length. The ingress and egress will be arranged to avoid the necessity of having vehicles back out on the public street . The used vehicle sales are accessory to the sale of new vehicles . - All -vehicle lifts and any dismantled motor vehicles will be serviced inside of the proposed building. As presently exists there is and will be no gasoline fuel pumps . Lastly, the property is not within 300 feet of a church, public school, library, hospital, orphanage or rest home It is further respectfully submitted: (i) The use of the property will remain exactly the same as it is prior to this application in that the proposed expansion of the building and lot-line change will not negatively impact any adjacent properties or their use. (ii) The proposed use remains the same as the present, in fact the proposed building expansion will accommodate all vehicle service and repair operations inside of the building which will be a benefit to the adjacent residential neighborhood. Further, the expansion with the lot-line change will not interfere, with any of the adjacent properties . (iii) The proposed improvement to the property with the accompanying lot-line change with variances if allowed by the Board of Appeals will be a benefit and not in any way adversely affect the health, safety, welfare, comfort and convenience of the neighborhood. (iv) The proposed renovations and enlargement of this building will be in harmony with the existing special exceptions and variances previously granted by the Zoning Board of Appeals . (v) The proposed building expansion will improve the overall appearance' of the existing Mullen Motors dealership. (vi) The proposed addition will have readily accessible access for - the fire and police departments . In addition, the granting of this special exception with the accompanying variance requests will allow the Planning Board to grant a lot-line change which in turn will permit the applicant to enlarge the existing building so it will be able to modernize its automobile dealership to allow for reasonable expansion, and simultaneously provide a safer environment for its customers and employees . The reason being is that the renovation and addition will meet or exceed all of the up-to-date federal, state and county work related, safety and health requirements . This special exception request along with the accompanying variance requests will allow the lot-line change to proceed. The Southold Town Planning Board has given its tentative approval to the proposed lot-line change . However, it needs from the Board of Appeals both special exception and variance approvals as well as site plan approval by the Planning Board if approved by the Board of ,Appeals . , Further, the buildings when finished will alleviate much of the traffic congestion on Cottage Place by having one service entrance on Cottage Place whereby a vehicle requiring service will enter the building on Cottage Place . When all work is completed it will return to the parking lot by the rear doors in the building so the car will not have to return to the street . Presently, a vehicle brought for servicing is in and out of the existing building through the various entrances on Cottage Place numerous times as work is being completed. The result being is the proposed change will decrease traffic congestion increasing the safety of the traveling public utilizing Cottage Place . The premises are served by public water and the toilet facilities will use the existing cesspools . Water from washing cars will be recycled as required by the Suffolk County Department of Health Services . Further, as presently exists all other pollutants such as waste oil, grease and antifreeze materials will be put in sealed containers and removed pursuant to the rules and regulations of the Health Department . Since all repairs to vehicles will be within in the building any noise will be self-contained. All off-street parking areas for both new and used vehicles will remain essentially the same as well as employee parking will be on the premises . The point being is the renovation and modernization of the building will not decrease any of the existing parking spaces . In essence the use of the property will remain the same, however, the overall appearance will be enhanced. MULLEN REALTY, L. P . 1110 Richard F. Mullen, Jr. , I J General Pare er RWM ENTERPRISES, INC. B y_Yaiadieieg Richard . Mullen, III , President !• �h • • r �+ AUG Z� �2l.g, APPLICATION TO THE SOUTHOLD TOWN BO• • i 0 APPEALS For Office Use Onti- e..,: Q: 4PPe4LS D 9 4-6c tIFiled By: Assigned/Assi Office Notes: Main Road (N.Y.S. Rte. 25) and Parcel Location: House No. 45 Street 199 Cottage Place33 - Hamlet Southold ZU 1g099 s ft: General Business SCTM 1000 Section 62 Block 3 Lot(s) 22.1 Lot Size29, Q6 It District (B) District .24.1 24,595 sq. ft. I (WE) APPEAL THE WRITTEN'DETERMINATION OF THE BUILDING INSPECTOR DATED: June 24, 2004 Mullen Realty, L.P. . Applicant/Owner(s): RWM Enterprises, Inc. Mailing Address: P.O. Box 1408, Southold, NY 11971 Telephone: (631) 765-3564 frA_y,,' (631) 765-3926 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Richard F. Lark, Esq. of Lark & Folts, Esqs. 28785 Main Road - P.O. Box 973 Address: Cutchogue, NY 11935 Telephone: (631) 734-6807 A-4(; (631) 734-5651 Please specify who you wish correspondence to be mailed to,from the above listed names: 0 Applicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED November 3, 2003 FOR: EXBuliding Permit. ` D Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As=Built Construction EX Lot-line change Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article �XSection 100- 102 Subsectionb (Bulk, area requirements) article XX IV Section 100-103 Subsection A and C Type of Appeal. An Appeal is made for: [ A Variance to the Zoning Code or Zoning Map. . 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section 0 Reversal or Other • A prior appeal 0 has("has not been made with respect to this property UNDER Appeal No. Year • i . • • • 1 • fe f 1 : . ) � 1 f Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: if the lot-line change and variances are approved the Mullen Motors car dealership and service center building will be enlarged by a total of 14,227 sq. ft. ; however, there will be no change in the type (CONTINUED ON ATTACHED PAGE) (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: due to the limited size of the existing land area and the present location of the buildings, any significant change in the size or shape of the buildings will require a variance from the current zoning (CONTINUED ON ATTACHED PAGE) (3) The amount of relief requested is not substantial because: as stated previously, under the current zoning ordinance, all of the existing buildings are in some waynon-conforming o the current zoning standards. The proposed Iot-line change and requesed variances will accomm dat he r posed addition and when analyzed n relation to tt hh�� jest are (4) of suIstantpi� (GONTIJTUED ON ATJACtIU ARE 1e variance wi NOT have an adverse effect or Impact on Hie physica or environmental conditions in the neighborhood or district because: the requested variances will allow for a lot-line change to be approved by the Planning Board along with amending the existing CONTINUED ON ATTACHED PAGE) (5) Has the variance been self-created? (x ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The existing buildings on tax lots 20 and 22.1 are pre-existing and the buildings that are being removed have become insufficient and obsolute due to age. Daimler Chrysler who controls the vehicle franchise of Mullen Motors, Inc. (C HEEDPAGE) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please •roceed to the si•nature and notary area below. MIpEALTY, L.P. By Sigriature of Appellant or Authorized Age • Sworn to before me this (Agent must submit authorization from Own-r) 13th�fA ug , 2004 . Richard F. Mullen, Jr. , General Partner (Notary Public) RWM ENTERPRISES,BY INC.' C.j + g BARBARA DIAGiIAd �nI ,� `�� � 3- � �-�.. Notsryp ,S�sMWewYork RichardMullen, III, President ZBA App 9/30/02 No 01014535190-Suffolk County Commission Expires Oct 31,, Part A: AREA VARIANCE REASONS (1) CONTINUED. of business presently conducted on the existing tax lots 19, 20 and 23 . 1 . Mullen Motors will continue to conduct the car dealership with the sale and service of new and used motor vehicles . The only difference being is the renovated building. will be able to handle service of motor vehicles in an efficient manner. The four remaining buildings on tax-lot 22 . 1 will remain with their present uses and location. There will also be no change to the parking use on tax lot 24 . 1 . Both tax lots 19 and 24 . 1 will continue to retain its existing screening from the adjacent residential neighborhood. (2) CONTINUED. regulations . To accomplish the requirements of Daimler Chrysler to modernize the existing service and garage area of the present Mullen Motors building, the removal of the old and inefficient corrugated metal and masonry buildings on tax lot 20 as well as the 1, 853 sq. ft . two-story building on tax lot 22 . 1 is necessary. Tax lot 20 will be increased by adding 8 , 551 sq. ft .. of area from tax lot 22 . 1 and 17, 340 sq. ft . from tax lot 19 . As part of the lot line change, 33 . 8 feet will be added to the road frontage on the Main Road and 104 . 60 feet of road frontage on Cottage Place . The result being is that the combined lots will have a square footage of 44, 152 sq. ft . The proposed increase in the Mullen Motors car dealership building will be an increase from its present 9, 050 sq. ft . to 14, 227 sq. ft . The four remaining buildings on tax lot 22 . 1 will remain the same except that the square footage of the lot will be reduced to 21, 355 sq. ft . for a lot coverage of 21% . (3) CONTINUED. LOT COVERAGE ' Tax lot 20 contains 18, 271 sq. ft . The existing buildings have a footprint of 9, 050 sq. ft . for a lot coverage 49 . 5% . The lot line change will add tax lot 19, containing 17, 430 sq. ft . and 8, 451 square feet from tax lot 22 . 1 to a total square footage of 44, 152 sq. ft . on an expanded lot . The proposed addition of 9, 645 square feet will result in a total building footprint of 14 ,•227 sq. ft . for a lot coverage of 32 . 2% on the expanded lot . However, if the existing buildings are left on the same 44, 152sci: ft . of land area, it produces a footprint of 10, 903 sq. ft . of buildings which represents 25% of lot coverage. To construct the proposed addition, the applicant will remove the corrugated metal building containing 1',511 sq. ft . and the masonry building containing 1, 044 sq. ft . on tax lot 20 . Also to be removed is the two-story building containing a footprint of 1, 850 sq. ft . on tax' lot 22 . 1 . In place of these removed buildings will be the proposed addition of 9, 645 sq. ft . The point being is the increase of the size of the property of 44, 152 sq. ft . of land to accommodate the proposed addition will mean an increase of lot coverage of 7 . 2% producing a total lot coverage of 32 . 2% which means a variance of 2 . 2% over the requirement of 30% maximum lot coverage which as submitted is not substantial . SIDE YARD Presently, the buildings on tax lot 20 were built before the enactment of the current zoning requirements and presently have sub-standard side yards . The proposed addition will maintain existing setbacks as they presently exist on Cottage Place . As to the easterly side of the proposed addition on tax lot 22 . 1, the lot line change will provide a 15 . 5 foot side yard, and on the southeast corner, a two foot "technical" side yard which faces the parking lot on tax lot 24 . 1 . This two foot side yard on the southeast corner, is for a distance of five feet and as submitted is not substantial . FRONT YARD SETBACK, MAIN ROAD (N.Y.S . ROUTE 25) The applicant proposes merging part of tax lot 22 . 1 to increase the frontage on the Main Road by 33 . 87 feet, which when added to the existing 100 foot frontage on tax lot 20, will produce a total frontage of 133 . 87 feet . Presently, the building on tax lot20, is 54 . 1 feet wide as it faces the Main Road. The variance request for the frontage on the Main Road is minimal in that the current building, which at the nearest point to the Main Road, has a distance of 19 . 7 feet which is in line with the existing buildings on tax lot 22 . 1 which has setbacks from the Main Road varying from 21 .2 feet to 24 . 6 feet . The proposed addition has staged setbacks, ,the closest being 78 feet from the Main Road on the westerly portion of the addition and 101 . 5 feet from the Main Road at the eastern portion of the addition. in front yard area being an average of 94 feet of depth which will have minimum impact on the Main Road and is not substantial considering the 100 foot requirement . FRONT YARD SETBACK, COTTAGE PLACE On Cottage Place there are presently two buildings separated with a 4 . 9 foot gap between the buildings, one building being 127 .4 feet and the other being 40 feet for a total of 162 . 1 feet . The present setback from Cottage place, the closest being 12 . 9 feet, will remain. Your applicant ' s proposal is to fill in the gap with •the proposed addition so the building will be 167 feet in length on Cottage Place, an increase of 4 . 9 feet, which is insignificant considering adding 104 .6 feet of road frontage from tax lot 19 . It is noted the existing setbacks of the four remaining buildings on tax lot 22 . 1 will remain exactly the same . (4) CONTINUED. site plans for these two properties allowing the proposed addition and renovation to the Mullen Motors building. When completed, there will be no change in the type of business conducted on the premises and it will greatly reduce the existing traffic congestion on Cottage Place . The reason being, once a car is delivered by the customer to Mullen Motors for service, it will enter the remodeled building from Cottage Place and will remain there until the work is completed. The vehicle will then be returned to the on premises parking area in the rear of the building. At present vehicles are moved in and out of the building onto Cottage Place depending on the type of repairs . In effect, the proposal consolidates all customer service, repair, maintenance and parts under one roof allowing for improvement of efficiency and safety and reduced impact on the neighboring properties resulting in reduced traffic congestion which is sometimes created by the existing operation. (6) CONTINUED. The existing buildings on tax lots 20 and 22 . 1 are pre-existing and the buildings that are being removed have become insufficient and obsolete due to age . Daimler Chrysler who controls the vehicle franchise of Mullen Motors, Inc, has insisted the existing buildings be reconstructed and modernized by increasing the building square footage in order to put under one roof all warranty and repair operations . If the Board grants the area variances to allow the lot line change to go forward, the Mullen Motors dealership building will be located on a conforming lot as to area being 44, 152 sq. ft . • Due to the setbacks of the building even though the building will have an increase of an overall footprint that exceeds the lot coverage due to its layout, it •will have no advetse impact on the Main Road and will have a positive impact ori Cottage Place. When completed it will be an enhancement to the neighborhood in general . MULLEN REALTY, L. P. 111 By Richard F. Mullen, Jr. , General Parseer RWM ENTERPRISES, INC. By I Pry Richard F. Mullen, III, President / - +_• , N 308100 L. . La a{1. rr:Or, ' • ' mac- ^ x s .•M" , ' '' ' ? ` 2 ' ^ — C * ..- i'' ra�aZ5=- fg'' _' - ._ C��CTing Nix 4 N kon ,25 ,s. s • � -\ MN \ \\ \ \ I' Q ,... \ 1000#.,.... , \ \ 0y \ m \ s a \ m \m \ ° i0v. p7 10 y ' 19� y .v yb' Oco O., z5 %�m 0 / cP / m05\ •ga G 3. � F /, e VA $ 4 y J m ro P .0 Yy V° J� //� 'SJ \ N309 F 17 K rax ov SOUTHOLD SECTION NC MAIM OTI W E. �1 RROPERTES - NOTICE .e.;.."''.4.7.'., COUNTY OF SUFFOLK © �, 811 THE FOLLOW D03 oisTwcrsA062 �,�, vaNTa ,ALTERATION e OR Red Property Tax Service Agency Y YLUDE OF x HYDRANT DISTWRUTION OF ANY PORTION OF Tiff .r...10..'.... ,�. County Center RlvertteDd,N Y 11991 M 43 uTEn SUFFOLK COLNTY TAX RAP 6 PROHIBITED -.t `$ _ .SCALE N Id0 200 — aw DISTRICT NO lone PPAPFRTY I I VII••..........e. . ,.flt.*'''' • le c Al •Rwoo..Mensam,t '', 5 6---k -----2- -, • . - •0;:.."I'f:100.syr ipi -I ...'ii:.-e-v:T*Aft • :\ q, ,r ' •1 v.1-- 1:-:-.';%-'';;f!.? -.:"1:;: Iiif 7 ,,•, i A - 1 1-',•:':.,' e't-t'':,•,V;;;:li.,- ''t Alrftrif I II:I;, ' :-.:?:--- -„.-&•,::',7.4.:;;-- -- ;,41,11Fit ; oi J.X.‘,4 ' 1 NI .' V 1• .._.. .,, .. ••,.::iy.r(e.--- .„•., .. ..,.1-- - :lidifif,_ 1,4 ,0.0:4 • ,..,,:,, .1.1 1 1/117::: ._40;,;kt,',,,,•44,i ,' , . - -.,,.. io.kk,., ....4..;•.,4L.,...:4;t311;.0.„.7;iiir -'AIP.t7:L 1lLft _ ___ -1-':•4'" 1.9 Oft ,k Xq-----k____L. __., 7' -....,:.• :- -4.7,-. '' '2--AW"----- A A.• .. g ° —_..,‘• '.. --.:-.- .'-''. .-..."'.'' 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Total _ _ . 44 —••• ,- ,... -. /666,$, _ 2 _e..7_0 TOWN OF SOUTHOLD PROPERTY RECORD CARD ,. .. 2, OWNER STREET - VILLAGE DIST. SUB. LOT t il ' eri /real Lf ,,i,71;11-6.- . ' P/AC- ' /c/A-e-e-- , El . FORMER OWNER N 94 S W � TYPE OF BUILDING ": . K.f- /t4 uJ eh Ji( mulaei4 i • RES.- SEAS. VL. FARM COMM. •:. C. Mkt. Value ,i! LAND IMP. TOTAL DATE REMARKS - /, 6'e / c' o o / /S a 0-4D 6 - 615 _ 6--e) /L 2 ‘ 13-y ;3-(... -air, # 9/z :cid D. I - e 4/209. �'0.�.S o,. . --r.J.__. •6---6) IIMMIIIMMIENIMINt? B t q . - D1.z _,6z-Q r —��� 18o a s _ . / zs a - , -L 7/43 2 -LI ,en , , ,Adh. .. - Z- / 4/ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM . Acre Value Per Value Acre Tillable 1 Tillable 2 . tillable 3 Noodland 3wampl.and FRONTAGE ON WATER 3'rush land FRONTAGE ON ROAD /e 0 _ i e. . d _ ,f a o -louse Plot DEPTH /S+0 • BULKHEAD Iota! Dom, Oka POW. . 41111 * ® W - • \ r .4 \ I ,�Z� . S, I0}ol .8 •0 ol4ad \: a6o.io0 Aonn9n1Ja • ADMOzaaJa .19LUJoa - 145�od " '8 "N13 Joold puz SWOOI .10021 uOl4oa.10a21 110.10d '218 .ioold 4S 1. suaoo21 1.41 - }oo21 adiCj 21a Z`r s }Dal.{ c•-it a0o�a aa!3 uolsuapg "211 .. P, ` ' cy5luld aopa4ul „ 'a` `a.'Jl sllaM '}x3 - _ O. uo!suapc - uorsua}x_ •>I MOH c44" �1,'/ ;uauaasa �� 0:�,/ P o Qat'/ LOSo a aula • c3.-2--S,.• Jl}o8 r Yy • % l4 uoapuno( 0 0 El , 1.1 q/40 / , P f,A 6- (9 '6PI8 'V1 • P F L - - _ .. . , . - -00. r 'I (.2• -----''I .,i W1211 210100 ' ¢ ' . 1 1, • s PIM -- (41'i j y „ , ' � a •�yR3 Eb't ra;1 ,�(- 1' , tT M9 !. r'-'4 :, ,vi 0. .: .�;au ; zt t..'x;.. s$ VILLAGE „..,;,,•;-'-' 1.-4. , F' STREET \ DIST. SUB. LOT ry . ) FORMER OWNER N E ACR. I S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE �. FARM', Acre Value Per Value Acre �'--"-\ Tillable 1 Tillable 2 — Tillable 3 Noodland • "Swampland FRONT CE ON WATER 3rushland FRONTAGE ON ROAD -louse Plot DEPTH BULKHEAD dotal - DOCK • ---- ,) .-_yl 1)3\ FORM NO. 3 \V l7 NOTICE OF DISAPPROVAL DATE: March 25, 2004 OCT AMENDED: April 2, 2004 2004 AMENDED: April 15, 2004 AMENDED: June 24, 2004 C; - AMENDED: August 12, 2004 AMENDED: October 7, 2004 TO: McCarthy Management Inc. A/C Mullen Motors 46520 County Road 48 Southold,NY 11971 Please take notice that your application dated November 3, 2003 For permit for a lot line change and additions and alterations to an existing car dealership and service center at Location of property: Main Road, Southold,NY County Tax Map No. 1000 - Section 62 Block 3 Lot 19, 20, 22.1, 24.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article X Section 100-102, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Bulk schedule allows a minimum single side yard setback of 25 feet, a total maximum lot coverage of 30 percent and a minimum lot size 30,000 square feet. Following the proposed lot line change and the proposed construction,parcel one,with an existing side yard setback of+/- 2 feet, will have a side yard setback of+/- 2 feet. Following the proposed lot line change, lot one will become conforming, from 17,430 to 44,152 square feet in size and less non-conforming in t covera e from 49.5 ercent to 32.2 percent; lot two will become less nonconforming in size fro 9.806 square eet to 21,355 square feet, and lot coverage will remain below the allowed 30 percen , three will remain. In addition, the construction is not permitted pursuant to Article XXIV Section 100-243,which states; "A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. a) Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply." The overall footprint is being increased by more than 15 percent. Furthermore,the building department has determined the use to be"non-conforming"because"public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities..." are permitted only by special exception and the property has never been issued a special exception from the Zoning Board of Appeals. Article X, Section 100-103 A., states, "Structures shall be set back at least 100 feet from the right of way." The existing building has a 12.7 feet from cottage place, the new construction will maintain that nonconforming setback. In addition, Article X, Section 100-103C.,which states, "A project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one (1) street." The proposal notes 170 feet of linear frontage on Cottage Place, and 150 of linear frontage on Main Street. In addition, site plan approval from the Southold Town Planning Board is required. This Notice of Disapproval was amended on April 2,2004,to include all of the parcels associated with this application and further amended on April 15,2004,to reflect the fact that the existing use is "non-conforming," and on June 24,2004,to reflect changes to the site plan made by the applicant, on August 12, 2004, to address lot coverage calculation corrects made by the surveyor and on October 7,2004, following submittal of a revised site plan. OCT410,111P \ 2 2004 Ir o ' ed,-ignature �_. n._ - _ 'F Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Z6A- 70 Wo s/ L FILE UPDATE DATE: /0//3 /0 ZBA FILE#AND APPLICANT: Plaile44, r11,B.L ; 5-5-/cF4--351? NEW INFORMATION/FILE UPDATE: Date of Board" t1 /a/o-i/ Status at Hearing or Other Review: n Items Received: aviu,Adi a �U v, - a.l��q� t y7/° `f, ec1 // -22C24-tt,_P C e„:„.3 0(42It-12d 0.„tJ 11�a-�ce✓�. -- • -- - ' - • _ . ission o : A - 9 • 0, • . 1. 2. 3. J �� a SIT ZONING BOARD OF APPEALS Office Location: Annex Building on Youngs Avenue Mailing Address: 53095 Main Road, Box 1179 Southold,NY 11971-0959 Emails: Linda.KowalskiATown.Southold.ny.us or Jessica.BogerATown.Southold.ny.us Web site http://southoldtown.northfork.net (631) 765-1809 ext. 1 fax (631) 765-9064 7 3 (-1 —Vo(P S/ TRANSMITTAL To: bed zi,„ik Eao . DATE: I9 / /51 /2004 REF: Hearing Date: f 0 I ail d 4/Appl. of L --Atli- —Lp (x ) Info attached for your information and review. � _ /x' i ,2 � 4 PI-1D _ ce /0/7/0 • Thank you. 3 Pages attached: . 1110 ` ` ( � ��- \ FORM NO. 3 V �') NOTICE OF DISAPPROVAL Com' DATE: March 25, 2004 AMENDED: April 2, 2004 AMENDED: April 15, 2004 AMENDED: June 24,2004 AMENDED: August 12, 2004 ✓ TO: McCarthy Management Inc. A/C Mullen Motors 46520 County Road 48 Southold, NY 11971 AUG fl 2 2004 Please take notice that your application dated November 3, 2003 � 4r r ZONiN :OARD OF !PPEALS For permit for a lot line change and additions and alterations to an existing car dea ers p ande - center at Location of property: Main Road, Southold,NY County Tax Map No. 1000 - Section 62 Block 3 Lot 19, 20, 22.1, 24.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article X Section 100-102, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Bulk schedule allows a minimum single side yard setback of 25 feet, a total maximum lot coverage of 30 percent and a minimum lot size 30,000 square feet. Following the proposed lot line change and the proposed construction,parcel one, with an existing side "l yard setback of+/- 2 feet,will have a side yard setback of+/- 4 feet. Following the proposed lot line change, lot one will become conforming, from 17,430 to 44,152 square feet in size and less non-conforming in lot coverage from 49.5 percent to 32.2 percent; lot two will become less nonconformin in size from 21 355 s.uare feet to 29 806 se uare feet and lot covera,e will remain below the allowed 30 percent; lot three will remain. In addition, the construction is not permitted pursuant to Article XXIV Section 100-243, which states; "A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. a) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing 4111.l it/IJ buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply." The overall footprint is being increased by more than 15 percent. Furthermore, the building department has determined the use to be"non-conforming"because"public garages, gasoline service stations,new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales,with accessory repair facilities..." are permitted only by special exception and the property has never been issued a special exception from the Zoning Board of Appeals. lip Article X, Section 100-103 A., states, 0 "Structures shall be set back at least 100 feet from the right of way." The existing building has a 12.9 feet from cottage place, the new construction will maintain that nonconforming setback. In addition, Article X, Section 100-103C., which states, "A project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one (1) street." The proposal notes 170 feet of linear frontage on Cottage Place, and 150 of linear frontage on Main Street. ( In addition, site plan approval from the Southold Town Planning Board is required. This Notice of Disapproval was amended on April 2, 2004,to include all of the parcels associated with this application and further amended on April 15, 2004,to reflect the fact that the existing use is "non-conforming," and on June 24, 2004, to reflect changes to the site plan made by the a licant _ u ust 12 2004 to address lot covera a calculation corrects made b the sur or. Aar Aul��z-.Fgnatur- Note to Applicant: Any change or deviation to tie .hove referenced application, may require further review by the Southold Town Building Department. CC: file,Z.B.A. II , VY.. • t" , . • ) OtgA6--- APPLICATION TOTHE SOUTHOLD TOWN BOARD .APPEALS__ tt ff For Office Use Only Fee: Filed By: (0 ktvri Date Assigned/Assignment No. AUG 2 8 2004 Office Notes: • 55q F 6 d0€'r'l vl i3t t��tbt� ®lam ��� IlbALS Main Road (N.Y.S. Rte. 25) and Parcel Location: House No. 45 Street 99Cottage PlaceZe3 Hamlet Southold • 10 18;17Q s ft: General Business SCTM 1000 Section 62 Block 3 Lot(s) 22.1 Lot Size296 done District (B) District 24.1 24,595 sq. ft. I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: June 24, 2004 Mullen Realty, L.P. . Applicant/Owner(s): RWM Enterprises, Inc. Mailing Address: P.O. Box 1408, Southold, NY 11971 Telephone: (631) 765-3564 f 4' (631) 765-3926 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Richard F. Lark, Esq. of Lark & Folts, Esqs. 28785 Main Road — P.O. Box 973 Address: Cutchogue, NY 11935 Telephone: (631) 734-6807 tk.K', (631) 734-5651 Please specify who you wish correspondence tb be mailed to,from the above listed names: 0 Applicant/Owner(s) ®Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED November 3, 2003 /FOR: IXBuiiding Permit ❑ Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As=Built Construction IX Lot—line change Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph • of Zoning Ordinance by numbers. Do not quote the code. Article X Section 100- 102 Subsection (Bulk, area requirements) Article ection 100-103- Subsection A and C Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. • • 0 A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal 0 has Lthas not been made with respect to this property UNDER Appeal No. Year .....v: i • • f , , i, 3 C ' 4:--' • ____,, -1) Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: if the lot-line change and variances are approved the Mullen Motors car dealership and service center building will be enlarged by a total of 14,227 sq. ft. ; however, there will be no change in the type (CONTINUED ON ATTACHED PAGE) (2) The benefit sought by the applicant CANNOT be achieved by some-method feasible for the applicant to pursue, other than an area variance,,because: due to the limited size of the existing land area and the present location ofc"the buildings, 'any significant change in the size or shape of the buildings will require a variance from the current zoning (CONTINUED ON ATTACHED PAGE) (3) The amount of relief requested is not substantial because: as stated previously, under the current zoning ordinance, all of the existing buildings are in some waynon-conforming to the current zoning standards. The proposed Io line chane and requesed variances will accomm dat he r posed addition and when analyzed n re ation o tt 1 ject _are of sutstantia� CtONTIhTUED ON ATLACt fi AccE) - (4) me var ance w NOT have an adverse effect or impa T on iifhe physics or environmental conditions in the neighborhood or district because: the requested variances will allow for a lot-line change to be approved by the Planning Board along with amending the existing CONTINUED ON ATTACHED PAGE) (5) Has the variance been self-created? (x ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The existing buildings on tax lots 20 and 22.1 are pre-existing and the buildings that are being removed have become insufficient and obsolute due to age. Daimler Crysler- who controls the vehicle franchise of Mullen Motors, Inc. (C HEDDPAGE) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. MUL N ALTY, L.P. By - Signature of Appellant or Authorized Age Sworn to before me this (Agent must submit Authorization from Own-r) 13th August 2004 . Richard F. Mullen, Jr. , General Partner (Notary Public) By IZRWM ENTERPRISES, INC. - T t30,R9App C1ACtiUA1 ��� Na�YPublo,Slate ofNew Ya& Richard F. Mullen, III, President ZBA App 9/30/02 No 01014835190-Suffolkty, Commission Expires Oct.31,200(o_ SIDE YARD Presently, the buildings on tax lot 20 were built before the enactment of the current zoning requirements and presently have sub-standard side yards . The proposed addition will maintain existing setbacks as they presently exist on Cottage Place . As to the easterly side of the proposed addition on tax lot 22 . 1, the lot line change will provide a 15 . 5 foot side yard, and on the southeast corner, a two foot "technical" side yard which faces the parking lot on tax lot 24 . 1 . This two foot side yard on the southeast corner, is for a distance of five feet and as submitted is not substantial . FRONT YARD SETBACK, MAIN ROAD (N.Y.S. ROUTE 25) The applicant proposes merging part of tax lot 22 . 1 to increase the frontage on the Main Road by 33 . 87 feet, which when added to the existing 100 foot frontage on tax lot 20, will produce a total frontage of 133 . 87 feet . Presently, the building on tax lot 20, is 54 . 1 feet wide as it faces the Main Road. The variance request for the frontage on the Main Road is minimal in that the current building, which at the nearest point to the Main Road, has a distance of 19 . 7 feet which is in line with the existing buildings on tax lot 22 . 1 which has setbacks from the Main Road varying from 21 . 2 feet to 24 . 6 feet . The proposed addition has staged setbacks, the closest being 78 feet from the Main Road on the westerly portion of the addition and 101 . 5 feet from the Main Road at the eastern portion of the addition in front yard area being an average of 94 feet of depth which will have minimum impact on the Main Road and is not substantial considering the 100 foot requirement . FRONT YARD SETBACK, COTTAGE PLACE On Cottage Place there are presently two buildings separated with a 4 . 9 foot gap between the buildings, one building being 127 .4 feet and the other being 40 feet for a total of 162 . 1 feet . The present setback from Cottage place, the closest being 12 . 9 feet, will remain. Your applicant ' s proposal is to fill in the gap with the proposed addition so the building will be 167 feet in length on Cottage Place, an increase of 4 . 9 feet, which is insignificant considering adding 104 . 6 feet of road frontage from tax lot 19 . It is noted the existing setbacks of the four remaining buildings on tax lot 22 . 1 will remain exactly the same . (4) CONTINUED. site plans for these two properties allowing the proposed addition and renovation to the Mullen Motors building. When completed, there will be no change in the type of business conducted on the premises and it will greatly reduce the existing traffic congestion on Cottage Place. The reason being, once a car is delivered by the customer to Mullen Motors for service, it will enter the remodeled building from Cottage Place and will remain there until the work is completed. The vehicle will then be returned to the on premises parking area in the rear of the building. At present vehicles are moved in and out of the building onto Cottage Place depending on the type of repairs . In effect, the proposal consolidates all customer service, repair, maintenance and parts under one roof allowing for improvement of efficiency and safety and reduced impact on the neighboring properties resulting in reduced traffic congestion which is sometimes created by the existing operation. V (6) CONTINUED. The existing buildings on tax lots 20 and 22 . 1 are pre-existing and the buildings that are being removed have become insufficient and obsolete due to age. Daimler Chrysler who controls the vehicle franchise of Mullen Motors, Inc, has insisted the existing buildings be reconstructed and modernized by increasing the building square footage in order to put under one roof all warranty and repair operations . If the Board grants the area variances to allow the lot line change to go forward, the Mullen Motors dealership building will be located on a conforming lot as to area being 44, 152 sq. ft . Due to the setbacks of the building even though the building will have an increase of an overall footprint that exceeds the lot coverage due to its layout, it will have no adverse impact on the Main Road and will have a positive impact on Cottage Place . When completed it will be an enhancement to the neighborhood in general . MULLEN REALTY, L. P. 111 441 By -- Richard Richard F. Mullen, Jr. , General Parlger RWM ENTERPRISES, INC. By 7 .__ Pry Richard F. Mullen, III, President U U Part A: AREA VARIANCE REASONS (1) CONTINUED. of business presently conducted on the existing tax lots 19, 20 and 23 . 1 . Mullen Motors will continue to conduct the car dealership with the sale and service of new and used motor vehicles . The only difference being is the renovated building will be able to handle service of motor vehicles in an efficient manner. The four remaining buildings on tax lot 22 . 1 will remain with their present uses and location. There will also be no change to the parking use on tax lot 24 . 1 . Both tax lots 19 and 24 . 1 will continue to retain its existing screening from the adjacent residential neighborhood. (2) CONTINUED. regulations . To accomplish the requirements of Daimler Chrysler to modernize the existing service and garage area of the present Mullen Motors building, the removal of the old and inefficient corrugated metal and masonry buildings on tax lot 20 as well as the 1, 853 sq. ft . two-story building on tax lot 22 . 1 is necessary. Tax lot 20 will be increased by adding 8 , 551 sq. ft . of area from tax lot 22 . 1 and 17, 340 sq. ft . from tax lot 19 . As part of the lot line change, 33 . 8 feet will be added to the road frontage on the Main Road and 104 . 60 feet of road frontage on Cottage Place. The result being is that the combined lots will have a square footage of 44, 152 sq. ft . The proposed increase in the Mullen Motors car dealership building will be an increase from its present 9, 050 sq. ft . to 14, 227 sq. ft . The four remaining buildings on tax lot 22 . 1 will remain the same except that the square footage of the lot will be reduced to 21, 355 sq. ft . for a lot coverage of 21% . (3) CONTINUED. LOT COVERAGE Tax lot 20 contains 18, 271 sq. ft . The existing buildings have a footprint of 9, 050 sq. ft . for a lot coverage 49 . 5% . The lot line change will add tax lot 19, containing 17, 430 sq. ft . and 8, 451 square feet from tax lot 22 . 1 to a total square footage of 44, 152 sq. ft . on an expanded lot . The proposed addition of 9, 645 square feet will result in a total building footprint of 14, 227 sq. ft . for a lot coverage of 32 . 2% on the expanded lot . However, if the existing buildings are left on the same 44, 152 sq. ft . of land area, it produces a footprint of 10, 903 sq. ft . of buildings which represents 25% of lot coverage. To construct the proposed addition, the applicant will remove the corrugated metal building containing 1, 511 sq. ft . and the masonry building containing 1, 044 sq. ft . on tax lot 20 . Also to be removed is the two-story building containing a footprint of 1, 850 sq. ft . on tax lot 22 . 1 . In place of these removed buildings will be the proposed addition of 9, 645 sq. ft . The point being is the increase of the size of the property of 44, 152 sq. ft . of land to accommodate the proposed addition will mean an increase of lot coverage of 7 . 2% producing a total lot Coverage of 32 . 2% which means a variance of 2 . 2% over the requirement of 30% maximum lot coverage which as submitted is not substantial . //: .. ,;.• ' ., •• - IP 4111 ..: 1,-;`; , 1 PROJECT DESCRIPTION - (Please include with Z.B.A.Application) Applicant(s): Mullen Realt , L.P. and RWM Enteririses Inc 1. If buildin l is existin. and alterations/additions/renovations are •ro s osed: , A. Please give_the dimensions and overall square footage of extensions beand existing building: Dimensions/size: various Square footage: 9 050 s• . ft. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: various Square footage: 14,227 sq. ft. II. If land is vacant: _N/A Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: M. Purpose and use of new construction requested in this application: to meet requirements of Daimler Chr sler to renovate and modernize the Mullen Motors car dealershi• . IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty , in meeting the code requirement(s): None V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to eplans.al 765-1802) or Appeals Department me is needed, • please contact our office, or please check with Building (765-1809) if you are not sure. Thank you. ti _ 4PA QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes ®No B. Are there any proposals to change or alter land contours? 0 Yes ®No C. 1)Are there any areas that contain wetland grasses? None 2)Are the wetland areas shown on the map submitted with this application? N/A 3)Is the property bulk headed between the wetlands area and the upland building area? N/A 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? No D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state"n/a".) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? No If yes,please explain where or submit copies of deeds. Tax Lots 19, 20 and 24.1 - Daimler H. Please list present use or operations conducted at this parcel Chrysler Dealership Tax Lot 22.1 - and proposed use same offices and stores REALTY, L.P. RWM ENTERPRISES, INC. By -mor By '� 174.44:1F `ur a� 9 cc�S Au ort Signature and Date Richard F. Mullen, III, President Richard F. Mullen, Jr. , General =rtner -• 8/13/04 • Jlip ., ::,ar,41.0uaA—Text 12 ':e';P PROJECT L0.NUMBER 617.21 . . • 'SEQR • 1 Appendix C State Environmental Quality Review SHORT.ENVIRONMENTAL ASSESSMENT FORM r '• For UNLISTED ACTIONS Only • ‘ • •PART i—PROJECT INFORMATION(To be completed by Applicant or Project sponsor) • 1. APPUCANT/SPONSOR . 2. PROJECT NAME • )Mullen-Realty, L.P. & RWM Enterprises, Inc. Mullen Motors, Inc. • 3. PROJECT LOCATION: • . Munlalpsilty Town of-Southold • County of Suffolk • 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc..or provide map) . • •Main Road (N.Y.S. Rte.•25) and Cottage *Place, Southold, Near York , . (SCTM 01000-62-3-. 19, 20, 22.1 and 24.1) . 5. IS PROPOSED ACTION: • • . • ®New 0 Expansion 0 Modllicatlonralteratlon • S. DESCRIBE PROJECT BRIEFLY: • To meet requirements of Daimler Chrysler to renovate and modernize the Mullen Motors car dealership from 9,050 sq. ft. to 14,227 sq. ft. • •' 7. AMOUNT OF LAND AFFECTED: inllislty .250 acres Ultimately •250 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? a Yes ID No It No.describe briefly . 9. WHAT IS PRESENT LAND USE IN VICINITYOFPROJECT? • , 0 33Residential 0 Industrial Commercial• 0 Agriculture 0 Park/Forest/Open space 0 Other Describe: • 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yea 0 No II yes,list agencyts and permit/approvals Southold Town Building Department-Building Permit; Southold Town. Board of Appeals-area variances and special exception; and Southold Town Planning Board-lot-line change and site plan approval 1t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? (Mu: ❑No It yes.list agency name and permlllapproval • • • Southold Town Board of Appeals - variances and special exceptions Southold Town Building Department - Certificates of Occupancy 12.AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? •• ®Yes ' 0 N •• I CERTIFY THA NFORMATION PROVIDED ABOVE IS list THE BEST OF MY KNOWLEDGE MULLE.� TY, L.�. • . Appucanusponsor name: B •_ • =m • ► r - Date: 8713/04 • • C r• . 'u en, r., enera .cL ner . gWM NTERPRIS ..INC. • Slgnalure �.. or Pre_T. . - c ar u en, rest en • 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 ' ' •. • (Continued on reverse side) ' • ,t. • 41")• APPLICANT 41,111) TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mullen Realty, L.P. and RWM Enterprises, Inc. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 13th day of Au August, 2004 Submitted thi• day of gust, 2004 Signature: vi , dc-c.„0_ -Signature. ' RWM ENTERPRISES, INC. by PrintName. LLEN REALTY, L.P. by Richard F. Mullen, III, President Richard F. Mullen, Jr. , General Partner MO 41110 AUTHORIZATION We, RICHARD F. MULLEN, JR. , General Partner of Mullen Realty, L.P. , owner of premises at 265 and 45 Cottage Place . Southold, New York (SCTM #1000-62-3-19 and 20 and RICHARD F. MULLEN, III, President of RWM Enterprises, Inc . , owner of the premises at 56340 Main Road and 160 Locust Lane, Southold, New York (SCTM #1000-62-3-22 . 1 and 24 . 1) , hereby authorize Richard F. Lark, Esq. of Lark & Folts, Esqs . and Thomas McCarthy of McCarthy Management, Inc . to act as our agents and to handle all necessary work involved to obtain a building permit to renovate and modernize the Mullen Motors car dealership from the Southold Town Building Department and handle all necessary work involved in the variance and special exception applications with the Southold Town Board of Appeals and the lot-line change and amended Site Plan approval process with the Southold Town Planning Board. MULLEN REALTY, L. P. B7 um Rich)rd F. Mullen, Jr. , 1' General Part ,-r RWM ENTERPRISES, INC. BY 4E d *-< ..- s RicharF F. Mullen, III, President Sworn before me this 13th day of August, 2004 634dItek‘t Lc/al—) Notary PubgDlgy Notary Public,State of New York No 01 D14635190-Sti llcCots Commiss on Expires Oct.31,200 _ - . . . . . t ,k, k 1 , 1 1 ---aga.....L." 1.....001111" . . ..,, . I , 3 M M t[ 3 II II 11) i ',: -- - !, , ! . 1 I I 1 j r F------- ! Hi f:---r-fl 1 Allai 1 ' ,1'.1 r :_r_.: ! ...r.T, T, ..„, ;, 11, il 17 ] i $ r..... 1 $. VIEW from the North West MULLEN MOTORS . 8 Mattituck, NY 11971 xx. Erivii 210: n Scheme D 11 .6.02 N..) _„...-- > . _ ...---- , . . s$ id:ti. AN,. NM ./.- j� ill \ I II 1. 1 .�..�rrtntlnf uu 11111111 writ■I :' i/=- .' • III I" 1 1 . Iut 1111 1111 Int 1111 ii. 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"''' la •... II ..,. ,..—. ••... ...- I. ". • . '. . .• . .. . . . . . . . • ::.4,...• . . • .. ' . . - - - • • -V . .. , 4.-itit i rote_ ft:trif‹, 614 Itre e A i A_s exicAlc: Z.oc 4)54 1.4a^‹. �K c1 • J-• 4:2,•...* ?se'• ckk t., . ...., , .."0. ,. :k.......„ , .„....,s , 2.,:,„ ._ .•. .- ,. .....,,. f., 7 ,,I il• . • • aik.app.^, .- •�1 - I ft - . A- .... .,,. .., 4, — Ar ,Ag• ____._....mpolgiewr: Willipbse ..: ;_ - 1 . t' " ! • r j `• J+" .t • . 401 Jie / OKAP off- Sa eaS� Corr car 'F� b • LARK& FOLTS Attorneys at Law 28785 MAIN ROAD CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 MAILING ADDRESS: RICHARD F. LARK PO BOX 973 MARY LOU FOLTS CUTCHOGUE NY 11935 August 20, 2004 Southold Town Board of Appeals Southold Town Hall 53095 Main Road N AUG 2 6 2004 P. O. Box 1179 Southold, NY 11971 RE : Variance - Mullen Realty, L. P. and ".` RWM Enterprises, Inc. (SCTM #1000-62-3-19, 20, 22 . 1 and 24 . 1) Gentlemen: In connection with the above-captioned matter, I am enclosing seven sets of ,the following: 1 . Copy of Notice of Disapproval from the Southold Town Building Department last amended June 24, 2004 . 2 . Application to the Southold Town Board of Appeals sworn to on August 13 , 2004 with proof of filing with the Southold Town Building Department . 3 . Project Description with attached photographs . 4 . Authorization of Richard F. Mullen, Jr. , General Partner of Mullen Realty, L.P. and Richard F. Mullen, III, President of RWM Enterprises, Inc. 5 . Short Environmental Assessment Form. 6 . Z.B.A. Questionnaire . 7 . Applicant Transactional Disclosure Form. 8 . Sketches/Floor Plans . Southold Town Board of Appeals -2- August 20, 2004 9 . Survey for Mullen Motors, Inc . prepared by Peconic Surveyors, P.C. last dated July 30, 2004 . 10 . Check payable to Southold Town Clerk in the amount of $600 . 00 for the filing fee . If all is in order, kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to call . Very truly yours, ','ichard . Lark RFL/bd Enclosures TOWN OF SOUTHOLD, NEW YORK AUG 2 6 2004 /APPLICATION FOR SPECIAL EXCEPTION ZONING uo,knr) or AFTEAL Application No. Date Filed: (7.R TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: -I (We-) , MULLEN REALTY, L.P. and Of 56340 Main Road RWM ENTERPRISES, INC. (Residence, House No. and Street) Southold, New York 11971 (631-765-3564) (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE X , SECTION 100-101 , SUBSECTIONB. (12) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : car and truck dealership (sale of new and used motor vehicles) and public garage (service center and repair of motor vehicles) . Applicant is a Daimler Chrysler dealership and is being requested to renovate and modernize the existing building so all repair and service functions are inside the building for an efficient and safe operation. As a result, applicant has to enlarge the footprint of the existing building. To obtain the necessary permits to accomplish this work, the Southold Town Building Department is requiring a lot-line change and site plan approval from the Southold Town Planning Board as well as area variances and a special exception from the Southold Town Zoning Board of Appeals. A. Statement of Ownership and Interest. Mullen Realty, L.P. is(are-) the owner(s-)• of property known and referred to as 45 /Cottage Place, Southold and 265 (House No. , Street, Hamlet) ' identified on the Suffolk County Tax Maps as District 1000, Section 62 , Block 3 , Lot(s-)19 &20 , which is not (i-s-) on a subdivision Map (Filed N/A , "Map of N/A " Filed Map No. N/A and has been approved by the Southold Town Planning Board on N/A as a [Minor] [Major] Subdivision) . RWM Enterprises, Inc. , owner of 56340 Main Road, Southold (S #1J00 62-3-22.1) . The above-described property was acquired by the owner on December 10 , 1998 and. B. The applicant alleges that the approval of this exceptionuwoulld4be inOharmony 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: (See attachment pages) General Business (B) C. The property which is the subject of this application is zoned District and [ x] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) MUL REALTY, L.P. STATE OF NEW YORK) ss. : B (SiSworn to before_me this 13th da of August,t, 2004 , -1 Richard F. Menera, . y g � 9 ��' General rtner o RWM ENTERPRISES, INC. (rotary Pu•1 i c) 9ARADIACHUN Bye 6�1'.. N Y c,Stabso9i wy®rk Richard F. Mullen, III, President ZB2 (rev. 2/f/86) ; No 01014335190-Suffolk Cou nty Commission Expires Oct.31, JOY ATTACHMENT TO APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS FOR MULLEN REALTY, L. P. AND RWM ENTERPRISES, INC. B. At the outset the Zoning Board of Appeals should be aware that the applicant ' s business known as Mullen Motors, Inc . has operated a car dealership for Chrysler products in this area since 1927 . Despite the Southold Town Building Department ' s contrary assertions, since February 5, 1960 , the Southold Town Zoning Board of Appeals has granted numerous variance and special exception approvals for the use of portions of this property for the sale of new and used cars and trucks as well as service center for the repair of motor vehicles on the applicant ' s property (see Attachment A containing the variances and special exceptions heretofore granted by the Board of Appeals) . However, the Building Department has determined that applicant ' s use of the property is "non-conforming" and the Building Department wants another special exception approval from the Zoning Board of Appeals as set forth in the amended Notice of Disapproval dated June 24, 2004 . Your applicant ' s proposal for the expansion of its building provides that the entrance and exit driveways will have an unrestricted width of not less than 12 feet and not more than 30 feet in length. The ingress and egress will be arranged to avoid the necessity of having vehicles back out on the public street . The used vehicle sales are accessory to the sale of new vehicles . All vehicle lifts and any dismantled motor vehicles will be serviced inside of the proposed building. As presently exists there is and will be no gasoline fuel pumps . Lastly, the property is not within 300 feet of a church, public school, library, hospital, orphanage or rest home. It is further respectfully submitted: (i) The use of the property will remain exactly the same as it is prior to this application in that the proposed expansion of the building and lot-line change will not negatively impact any adjacent properties or their use . (ii) The proposed use remains the same as the present, in fact the proposed building expansion will accommodate all vehicle service and repair operations inside of the building which will be a benefit to the adjacent residential neighborhood. Further, the expansion with the lot-line change will not interfere with any of the adjacent properties . (iii) The proposed improvement to the property with the accompanying lot-line change with variances if allowed by the Board of Appeals will be a benefit and not in any way adversely affect the health, safety, welfare, comfort and convenience of the neighborhood. (iv) The proposed renovations and enlargement of this building will be in harmony with the existing special exceptions and variances previously granted by the Zoning Board of Appeals . (v) The proposed building expansion will improve the overall appearance of the existing Mullen Motors dealership. (vi) The proposed addition will have readily accessible access for the fire and police departments . In addition, the granting of this special exception with the accompanying variance requests will allow the Planning Board to grant a lot-line change which in turn will permit the applicant • 41111° to enlarge the existing building so it will be able to modernize its ,automobile dealership to allow for reasonable expansion, and simultaneously provide a safer environment for its customers and employees . The reason being is that the renovation and addition will meet or exceed all of the up-to-date federal, state and county work related, safety and health requirements . This special exception request along with the accompanying variance requests will allow the lot-line change to proceed. The Southold Town Planning Board has given its tentative approval to the proposed lot-line change . However, it needs from the Board of Appeals both special exception and variance approvals as well as site plan approval by the Planning Board if approved by the Board of Appeals . Further, the buildings when finished will alleviate much of the traffic congestion on Cottage Place by having one service entrance on Cottage Place whereby a vehicle requiring service will enter the building on Cottage Place . When all work is completed it will return to the parking lot by the rear doors in the building so the car will not have to return to the street . Presently, a vehicle brought for servicing is in and out of the existing building through the various entrances on Cottage Place numerous times as work is being completed. The result being is the proposed change will decrease traffic congestion increasing the safety of the traveling public utilizing Cottage Place. The premises are served by public water and the toilet facilities will use the existing cesspools . Water from washing cars will be recycled as required by the Suffolk County Department of Health Services . Further, as presently exists all other pollutants such as waste oil, grease and antifreeze materials will be put in sealed containers and removed pursuant to the rules and regulations of the Health Department . Since all repairs to vehicles will be within in the building any noise will be self-contained. All off-street parking areas for both new and used vehicles will remain essentially the same as well as employee parking will be on the premises . The point being is the renovation and modernization of the building will not decrease any of the existing parking spaces . In essence the use of the property will remain the same, however, the overall appearance will be enhanced. MULLEN REALTY, L. P. 111 Ric rd F. Mullen, Jr. , rII General Part. er RWM ENTERPRISES, INC. ByZeco Richard Mullen, III, President • '. . , ♦ . . . PROJECT DESCRIPTION - (Please include with Z.B.A. Application) Applicant(s): Mullen Realty, L.P. and RWM Enterprises, Inc. I. If building is existing and alterations/additions/renovations are proposed: A. Please give.the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: various Square footage: 9,050 sq. ft. • B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building; Dimensions/size: various Square footage: 14,227 sq. ft. II. If land is vacant: N/A Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: - III. Purpose and use of new construction requested in this application: to meet requirements of Daimler Chrysler to renovate and modernize the Mullen Motors car dealership. - IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): None - V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may requichanges to the initial plans. If additional ee a newaNoticerc ,Disapproval check with Building Department(765-1802) or Appeals1Depae is aeeded, rtment please contact our office, orp (765-1809) ifyou are not sure. Thank you. , r) • QUESTIONNAIRE - FOR FILING WITH YOUR'Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? . DYes ®No - B. Are there any proposals to change or alter land contours?. - ❑Yes ®No C. 1)Are there any areas that contain wetland'grasses? No 2)Are the wetland areas shown on the map submitted with this application? N/A 3)Is the property bulk headed between the wetlands area and the upland building area? N/A ., 4)If your property contains wetlands or pond areas,have you contacted the office of f the Town Trustees for its determination of jurisdiction? N/A D.- Is there a depression or sloping elevation near the area of proposed construction at or below five , feet above mean sea level? No , (If not applicable, state"n/a".) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? Yes If yes,please explain where or submit copies of deeds. '(SCTM, #1000-62-3-24.1) H.- Please list present use or operations conducted at this parcel car dealership & repair shop- andproposed use 'car dealership & repair shop MUL EN ALTY, L.P. By 6/13/ k - Authorized Signature and Date Richard F. Mullen, Jr. , General Partner RWM ENTERPRISES, INC.. By E]gk&� Pr 8/13/04 - Richard F. Mullen, III, President 1 •1 4..„1104.(8/871—Text 12 r .Z41.? PROJECT I.D.NUMBER - 617.21 94.. •SEQR Appendix C State Environmental Ouality Review SHORT.ENVIRONMENTAL ASSESSMENT FORM • r '' For UNLISTED ACTIONS Only k. • -PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) • ) • 1. APPUCANT!SPONSOR _ 2. PROJECT NAME Mullen Realty, L.P. & RWM Enterprises, Inc: ' Mullen Motors, Inc. 3. PROJECT LOCATION: . , - . Municipality Town of Southold • county of Suffolk • 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) . Main Road (N.Y.S. Rte. 25) and Cottage 'Place, Southold, New York (SCTM #1000-62-3-19; 20 and 22.1) . • • S. IS PROPOSED ACTION: . s ®New 0 Expansion 0 Modification/alteration . 6. DESCRIBE PROJECT BRIEFLY: • To meet requirements of Daimler Chrysler to renovate and modernize the Mullen • Motors car dealership from 9,050 sq. ft. to 14,227 sq. ft. • 7. AMOUNT OF LAND AFFECTED: - Inlllalty' .250 acres Ultimately .250 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes ❑No 11 No,describe briefly I. 9. WHAT IS PRESENT LANG USE IN VICINITY OF PROJECT? • . El Residential CI Industrial :til Commercial' ❑Agriculture ❑ParWForesuOpen apace ❑Other Describe: • 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? ®Yes 0 No If yes,list amen (s and permluapprovals Southold Town Building Department—Building Permit; Southold Town. Board of Appeals-area variances and special exception; and Southold Town Planning Board-lot-line change and site plan approval 1t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ' • • ®Yes D No It yes,list agency name and permltlapproval • • • Southold Town Board of Appeals - variances and special exceptions Southold Town Building Department - Certificates of Occupancy 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E Yes ❑No • •• 1 CERTIFY TH: INFORMATION PROVIDED ABOVE IS TRUE T•TH EST OF MY KNOWLEDGE MULL) ' TY, L.P, a • Appucanusponsor name: B I`wl Datr. g/13/04 B T�Ii 61(r 'u en, r., enera 'er r` Signature: y NC. Pkv , n Richard F. Mullen, 111, President i • If the action is In the Coastal Area. and you are a state agency, complete the • :' I. . . . Coastal Assessment Form before proceeding with this assessment . • -OVER • '. • • 1 •' • .•. ' (Continued on reverse side) . •'•' _ FORM NOc 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall • Southold,N.Y. Certificate Of Occupancy No Z12212 Date January 24 , 19 84, THIS CERTIFIES that the building-.--.4 4i il.i.14 P P Location of Property 56120 Main Road & Cottage Place Southold House No. Street Hamlet County Tax Map No. 1000 Section 0 6 2 - Block 03 Lot 020 Subdivision X Filed Map No. X Lot No. X conforms substantially to the Application for Building Permit heretofore filed in this office dated Ap r 1.4 . . . . , 19$ .pursuant to which Building Permit No. 12498 Z dated . . August 24 19 83,was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is an addition to garage for auto sales & service dealer . The certificate is issued to MULLEN MOTORS, INC . (owner,4essee.or•ter;am) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO N 630069 .a r'c't // ----,‘V Building inspector Row.1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18232 Date AUGUST 1, 1989 THIS CERTIFIES that the building ADDITION Location of Property 56120 MAIN ROAD SOUTHOLD, NEW YORK House No. Street Hamlet ' County Tax Map-No. 1000 Section 62 Block 3 Lot ' 20 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 5, 1988 pursuant to which Building, Permit No. 16766-Z dated MARCH 11, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy 'for which this certificate is issued is ADDITION TO EXISTING BUSINESS BUILDING AS APPLIED FOR SUBJECT TO ZONING BOARD OF APPEALS #3674 & #3675. The certificate is issued to MULLEN MOTORS, INC. - (owner) - of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ' UNDERWRITERS CERTIFICATE NO. N-030677 - AUGUST 30, 1988 PLUMBERS CERTIFICATION DATED N/A i��„� _ it ing Inspector Rev. 1/81 lx , L FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.X. CERTIFICATE OF OCCUPANCY No Z-20503 Date JANUARY 271 1992 THIS CERTIFIES that the building ALTERATION ^, Location of Property 56340 MAIN ROAD SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 62 Block 3 Lot 22.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 13, 1985 pursuant to which Building Permit No. 20294-Z dated NOVEMBER 25, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CONVERT RETAIL STORE TO DRY CLEANERS ON SITE CLEANING WITH NON COMBUSTIBLES, SOLVENTS. The certificate is issued to ALBERT W. ALBERTSON & ANO. (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-733637 - JANUARY 30, 1986 PLUMBERS CERTIFICATION DATED N/A (1.„„44.1,74-i4Vge, •"4?-77 . Buildincg/In pector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27186 Date: 07/12/00 THIS CERTIFIES that the building ADDITION Location of Property: 56340 MAIN RD. SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 62 Block 3 Lot 22.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 12, 1983 pursuant to which Building Permit No. 12130-Z dated JANUARY 31, 1983 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is TWO STORY ADDITION TO EXISTING RETAIL STORE FOR UTILITY STORAGE AREAS AS APPLIED FOR & AS PER ZBA #2780. The certificate is issued to ALBERTSON, ALBERT W & ANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. H-068408 06/28/00 PLUMBERS CERTIFICATION DATED N/A . c ' uth ized ignature Rev. 1/81 FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall - Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27187 Date: 07/12/00 THIS CERTIFIES that the building ADDITION Location of Property: 56340 MAIN RD SOUTHOLD (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 62 Block 3 Lot 22.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 28, 1976 pursuant to which Building Permit No. 8617-Z dated JUNE 1, 1976 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION ON EXISTING MAIN BUSINESS BUILDING AS APPLIED FOR. The certificate is issued to ALBERT W ALBERTSON (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N%A PLUMBERS CERTIFICATION DATED N/A Aut oriz�ignature Rev. 1/81 . : . . 3 .4 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27188 Date: 07/12/00 THIS CERTIFIES that the building ADDITION Location of Property: 56340 MAIN RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 62 Block 3 Lot 22.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 28, 1976 pursuant to which Building Permit No. 8618-Z dated JUNE 1, 1976 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION TO EXISTING EXISTING ACCESSORY BUILDING AS APPLIED FOR. The certificate is issued to ALBERT W ALBERTSON ' (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A ut rized Signature Rev. 1/81 4 a FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27189 Date: 07/11/00 THIS CERTIFIES that the building BUSINESS STRUCURE Location of Property: 56340 MAIN RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 62 Block 3 Lot 22.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 29, 1975 pursuant to which Building Permit No. 7860-Z dated APRIL 30, 1975 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REBUILD & ENLARGE EXISTING BUSINESS STRUCTURE AS APPLIED FOR. The certificate is issued to ALBERT W ALBERTSON (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A C ho ized Signature Rev. 1/81 1 AUTHORIZATION We, RICHARD F. MULLEN, JR. , General Partner of Mullen Realty, L. P. , owner of premises at 265 and 45 Cottage Place . Southold, New York (SCTM #1000-62-3-19 and 20 and RICHARD F. MULLEN, III, President of RWM Enterprises, Inc . , owner of the premises at 56340 Main Road and 160 Locust Lane, Southold, New York (SCTM #1000-62-3-22 . 1 and 24 . 1) , hereby authorize Richard F. Lark, Esq. of Lark & Folts, Esqs . and Thomas McCarthy of McCarthy Management, Inc. to act as our agents and to handle all necessary work involved to obtain a building permit to renovate and modernize the Mullen Motors car dealership from the Southold Town Building Department and handle all necessary work involved in the variance and special exception applications with the Southold Town Board of Appeals and the lot-line change and amended Site Plan approval process with the Southold Town Planning Board. MULLEN EALTY, L. P. By Richard F. Mullen, Jr. , General Partner RWM ENTERPRISES, INC. BY a.ad `*- ... - s' Richard F. Mullen, III, President Sworn before me this 13th day of August, 2004 Notary Public BARBARA DIACHUN Notary Public,State of New York No 01D14835190-Wolk County Commission Expires Oct.31,200 LARK&FOLTS ti Attorneys at Law AUG 2004 28785 MAIN ROAD -(3-(1— CUTCHOGUE,NEW YORK 11935 Tele.-No.(631)734-6807 Fax No. (631)734L5651 MAILING ADDRESS: RICHARD F. LARK PO BOX 973 MARY LOU FOLTS CUTCHOGUE NY 11935 August 20, 2004 Southpld Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 RE: Special Exception - Mullen Realty, L. P. and RWM Enterprises, Inc . (SCTM #1000-62-3-19, 20 and 22 . 1 Gentlemen: In connection with the above-captioned matter, I am enclosing seven sets of the following: 1 . Application for Special Exception sworn to on August 13 , 2004 . 2 . Project Description with attached photographs . 3 . Short Environmental Assessment Form. 4 . Z.B.A. Questionnaire. 5 . Authorization of Richard F. Mullen, Jr. , General Partner of Mullen Realty, L. P. and Richard F. Mullen, III, President of RWM Enterprises, Inc . 6 . Applicant Transactional Disclosure Forms . 7 . Copies of existing Certificates of Occupancy. 8 . Sketches/Floor Plans . 9 . Survey for Mullen Motors, Inc . prepared by Peconic Surveyors, P.C. last dated July 30, 2004 . F Southold Town Board of Appeals -2- August 20, 2004 It is my understanding the filing fee for the Special Exception is included in the $600 . 00 fee paid with the variance application. If all is in order, kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time . If you have any questions, do not hesitate to call . Very truly yours, ‘77a ichard F. a RFL/bd Enclosures ELIZABETH A.NEVILLE ` ` Town Hall, 53095 Main Road TOWN CLERK trip f ; P.O.Box 1179 •REGISTRAR,OF VITAL STATISTICS j , Southold, New York 11971 MARRIAGE OFFICER ;4:6 a•le° Tele Fax hone(63163) 7657654 800 R5 ECORDS MANAGEMENT OFFICER : ��i P FREEDOM OF INFORMATION OFFICER _,..,,,"'� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 1, 2004 RE: Zoning Appeal No. 5598 Transmitted herewith is Zoning Appeals No. 5598—Mullen Motors -Zoning Board of Appeals application for variance. Also included is notice of disapproval,project description, questionnaire, SEQA form, applicant transactional disclosure form, authorization for Mullen, side elevations,roof plan, two site plans, 18 pictures of existing building, letter from Lark& Folts, and survey. Transmitted herewith is Zoning Appeals No. 5598—Mullen Motors -Zoning Board of Appeals application for special exception. Also included is project description, questionnaire, SEQA form, copies of previous ZBA applications#252, 679, 743, 1766, 1767, 3608, 3634, 3674, 3675, 4050, Seven different Certificates of Occupancy, authorization letter, and letter from Lark & Folts. - Town Of Southold P.O Box 1179 Southold, NY 11971 - * * * RECEIPT * * * Date: 09/01/04 Receipt#: 47694 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 47694 Total Paid: $600.00 Name: Mullen, Motors Inc. P.o. Box 1408 Southold, NY 11971 Clerk ID: LYNDAB Internal ID:100106 Kowalski, Linda From: Kowalski, Linda Sent: Wednesday, September 01, 2004 9:01 AM To: Bohn, Lynda Subject: RE: Mullens 5598 and 5599 The combined applications are probably still with Bonnie that Jessica sent over about 8/26. There are two applications and they involve two parcels. The$600 is for#5598 special exception and variance, and the$400 is for$5599 for the separate parcel requiring a lot size variance. The paperwork as combined was accepted. The additional file number is to show that there is a separate parcel included, and separate parcels require an additional filing fee and number. It's ok to send a combined letter indicating a filing of both 5598 and 5599. Thanks, Original Message From: Bohn, Lynda Sent: Wednesday,September 01,2004 8:41 AM To: Kowalski,Linda Subject: Yesterday we received two checks one for Mullen Motors ZBA#5599 and one for a Winery permit 136. There was no paperwork for#5599. Will it be coming?? • 1 •. jt.12)-6\))0,e51-- - COUNTY OF SUFFOLK iv „'Nr.._„ lI , =* ; STEVE LEVY SUFFOLK COUNTY EXECUTIVE _ -- THOMAS-ISLES, AICP DEPAHIMENT OF PLANNING DIRECTOR OF PLANNING 1 December 28, 2004 ji\si 3 2005 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)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Brandvold, John&Marion 5516 Ferrell, Kevin& Susan* 5538 Lomangino, Susan (Mattituck Riding Arena/Stable) 5552 Tapp, R.; Ellis N.* 5555 • Bozzo, Eugene & Georgene 5567 Witschiebein, Carol; Larsen, Janet 5569 Gemmill, James N. 5572 Miller, Kevin 5581 McCance, Henry&Alison 5584 Smith, Diane Alec 5585 McNeilly, Ellen 5587 Akselrad, Evan 5590 Zuhoski, Jerome &Deborah 5591 LaPorta, Alfred&Jeanne 5593 Connell, William& Suzanne 5594 Geoller, Jane 5597 Mullen Motors (Mullen Realty) 5598, 5599 Goggins, William&Donna 5601 Buglion, James &Eileen 5602 Mohr, Robert & Christopher 5603 Zachariadis, Kostas 5605 Monaco, Andrew&Ann 5607 Yarosh, Frederick; Furlong, Sheila 5614 Drumm, Eugene &Evelyn 5619 ti LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4T1-1 FLOOR ■ P 0 BOX 61 00 ■ (5 16) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER(5 16)853-4044 December 29, 2004 SUFFOLK COUNTY PLANNING DEPARTMENT Page 2 *Alternate relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Zoning Board of Appeals. 40 � '� Very truly.yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\W0RKING\LD2004\DEC\SD5516 DEC J ujG2- LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P 0. BOX 6I 00 ■ (5 16) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 °,°4f FO(,rc Office Location: 1 '�� ®\. ® ' Mailing Address: • G � Town Annex/First Floor,North Fork Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) ���� -P.O.Box 1179 Southold,NY 11971 / Southold,NY 11971-0959 • http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 December 21, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZB Ref. No. 5598 and 5599 Action Requested: Lot Line Change; Addition and Alteration to Existing ' Car Dealership; Within 500 feet of: ( X ) State or County Road ( )Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing/Proposed Village, County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures P - to la c)) w ✓ , ®���� MAILING ADDRESS: �� `-PLANNING BOARD MEMBERS • P.O.Box 1179 JERILYN B.WOODHOUSE �� �` Southold,NY 11971 cD Chair Ny OFFICE LOCATION: RICHARD CAGGIANO ® O V 0 Town Hall Annex WILLIAM J.CREMERS ? v„.0 (cor. 54375 State Route 25 KENNETH L.EDWARDS - ®._l ,�.� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ••••'' Southold,NY MEMORANDUM Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE n r /7r _f4M -.E TOWN OF SOUTHOLD OCT 2 0 2004 To: Ruth Oliva, Chairwoman, Zoning Board of Appeals From: Martin Sidor, Jr., Planning Board Member vl'� debi_ -_ Date: October 19, 2004 Re: ZBA Appeal # 5598 & 5599; Zoning Districts B & R-40 New Amended Site Plan Application for Mullen Motors, Route 25, Southold SCTM: 1000-62-3-19, 1000-62.-3-20, 1000-62.-3-22.1, 1000-62.-3-24.1 In response to your request for comments, the Planning Board (PB) reviewed the above- noted appeal and determined the following: The PB is currently reviewing a site plan application dated August 26, 2004 with a lot line survey prepared by John Metzger dated 6/9/04 and last revised 7/30/04. The PB performed a preliminary review of the proposed build-out within the site plan and has no objection to the ZBA granting relief as applied for. In 2001, the zoning was changed to "B," subject to Covenants & Restrictions (copy attached). The B zone requires a minimum lot size of 30,000 square feet. It appears that Parcel 2 (29,806 sq.ft.) and Parcel 3 (24,595 sq.ft.) may have merged under the merger law. The merger question is important because the existing Main Road entrance of Colonial Corners will be on Parcel 1 after the lot line change, along with some of the parking for Parcel 2. This will affect the approved site plan of Colonial Corners dated 9/19/77. If the properties are merged, an agreement will be needed to permit joint use of the access from SR 25 onto two separate properties with separate site plans. Drainage issues may have to be handled similarly. The complete site plan file is available in the Planning Board's office for review. cc: file r ZONING BOARD OF APPEALS Office Location: Annex Building on Youngs Avenue Mailing Address: 53095 Main Road, Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(a,Town.Southold.ny.us or Jessica.Boger(&,Town.Southold.ny.us Web site http://southoldtow,l.northfork.net t. (631) 765-1809 ext 1 +'s fax (631) 765-9064 TRANSMITTAL To: X)_ et DATE: l U I a 0/2004 q A REF: Hearing Date: I0 I a( I b Appl. of A.. (x ) Info attached for your information and review. M 1 ;54- • Thank you. DIL- .J Pages attached: I . • OR DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the /11 day of _ 2000, by Albert W. Albertson, Jr., residing at No# Horton's Lane, Southold, NY 11971, Donald B. Katz, • residing at No# Ferry Road, Sag Harbor, NY 11963, Gertrude Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Mullen Realty, L.P., a New York Limited Partnership with a place of business at P. O. Box 1408, Main Road, Southold, NY 11971, and Mullen Motors, Inc.,`a New York corporation with a place'of business at Route 25, Main Road, Southold, NY 11971, hereinafter referred to collectively as the "Declarants," who are the owners -- and in the case of Mullen Motors, Inc., the tenant and prospective tenant-- of the following four parcels of real property located at Southold, Town of Southold, County of Suffolk and State of New York, which parcels are collectively referred to as the "Premises:" 1. Parcel owned by Albert W. Albertson, Jr. and Donald B. Katz designated on the Suffolk•County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 022.001 (referred to herein as "Lot 22.1") arid described on Schedule A annexed hereto. 2. Pai'cel owned by Albert W. Albertson, Jr. and Gertrude Katz designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 024.001 (referred to herein as "Lot 24.1") and described on Schedule B annexed hereto. 3. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C annexed hereto. 4. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (referred to herein as "Lot 19"), and described on Schedule D annexed hereto. t WITNESSETH : WHEREAS, Richard F. Mullen, III and William H. Mullen made application to the Town Board of the Town of Southold for a change of zone from Hamlet Business (HB) District and Low Density Residential(R-40) District to General Business (B) District for Lot 22.1 and Lot 24.1, which parcels are located on the south side of New York State Route 25 and the west side of Locust Avenue, Southold,New York; and WHEREAS, Richard F. Mullen, III and William H. Mullen are i,nder contract to I purchase Lot 22.1 and Lot 24.1 from Declarants Albert W. Albertson, Jr., Alice Albertson, and Gertrude Katz; and WHEREAS, Mullen Realty, L.P. owns Lot 20 and Lot 19, which parcels are located to the west of Lots 22.1 and 24.1; and WHEREAS, an existing car dealership is operated under the name of"Mullen Motors" on Lot 20 and Lot 19; and WHEREAS, Mullen Realty, L.P. is interested in the application for change of zone • referred to above; and WHEREAS, during the course'of the proceedings before the Town Board of the Town of Southold, applicants for the change of zone amended their application to include certain covenants and restrictions limiting the use of the Premises; and -2- (4 . WHEREAS, Declarants consented to the covenants and restrictions proposed by applicants in connection with said application for change of zone; and , WHEREAS, Declarants deem:it to be in the best interest of Declarants, Declarants successors and assigns and the Town of Southold to impose certain covenants and restrictions upon the use of the Premises, and desire to hereby impose those covenants and restrictions. NOW, THEREFORE, in consideration of the foregoing, Declarants hereby declare that the Premises, referred to herein as Lots 22.1, 24.1, 20 and 19, and which are described on Schedules A, B, C and D annexed hereto, are now held and shall be conveyed subject to the following cov7;nants and restrictions: 1. The use of Lot 24.1 shai'be limited to vehicular parking, storage and display purposes only, and shall be associated with the adjoining automobile dealership currently located to the west. 2. There shall be no vehicular access to Locust Avenue from the parking facility constructed on Lot 24.1. 3. A 25-foot wide landscaped buffer shall be installed and maintained along the easterly, southerly and southwesterly sides of the parking area on Lot 24.1; within said buffer there shall be a berm approximately three feet in height, and the entire buffer area shall be landscaped with evergreens, trees and shrubs. ' • 4. The parking area on Lot 24.1 shall have two landscaped"islands." 5. Access to the parking area on Lot 24.1 shall be from the existing parking area -3- .( c on Lot 19, which existing parking area has access on Cottage Place, a public street. 6. The landscaped buffer and berms shall be designed to screen the view of the parking area on Lot 24.1 from Locust Avenue and from nearby residences. 7. Notwithstanding all of the uses permitted, as of right and by special permit in the General Business (B) District, the use of Lot 22.1 shall be limited to automobile dealership and related purposes, in the event its use is changed from the uses which currently exist. - 8. When and if the uses or buildings on Lot 22.1 are changed, any new uses or buildings shall be developed jointly with Lots 20 and 19, which lots are located to the westt)of Lot 22.1. 9. When and if the use of Lot 22.1 is changed in whole or in part, and the existing building at the northeast corner of Lot 22.1 is removed or altered, a landscaped buffer of at least 15 feet in width shall be installed along the Locust Avenue frontage of Lot 22.1, which buffer shall run in a northerly direction from the northerly point of the landscaped berm on Lot 24.1 to a point as near to New York State Route 25 as possible without blocking lines of site for vehicles. 10. Additional landscaping shall be provided for the existing parking area located on Lot 19, including landscaping along the entrance to Lot 19 from Cottage Place. 11. Before the Town of Southold's Building Department issues a certificate of occupancy or compliance for the parking area on Lot 24.1, the installation of all landscaping, lighting and drainage systems for the parking area on Lot 19 and the parking -4- • 4. • . • : . area on Lot 24.1, as required by the Town Board of the Town of Southold and/or the Planning Board of the Town of Southold, shall be completed. . 12. On the Cottage Place side of Lots 20 and 19,.there shall be no outdoor repair work, vehicle activities shall be restricted to access to and from the site, with no parking or storage of Mullen Motors' vehicles on Cottage Place. • 13. Mullen Motors shall advise its employees and customers that there shall be no • test-driving of vehicles on residential side streets in the vicinity of the property which is the subject of this.Declaration of Covenants and Restrictions. 14. A plan shall be presented to the Planning Board of the Town of Southold, within a reasonable time after the recording of these covenants and restrictions, to minimize the impact on Cottage Place from delivery trucks servicing Mullen Motors. 15. Vehicle deliveries by vehicle transporters to the Premises shall be limited to weekdays during the hours between 8:00 a.m. and 6:30 p.m. 16. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation ofany relevant provisions of local, state, and federal laws, ordinances, or regulations in effect at the time of the execution of this Declaration, or at the time such laws, ordinances, or regulations may thereafter be promulgated, amended, • or revised. 17. These covenants andfrestrictions shall run with the land and shall be binding upon Declarants, Declarants' successors and assigns, and upon all persons or entities claiming under them, and can be terminated, revoked, or amended only with the written . -5- consent of the Town Board of the Town of Southold. IN WITNESS WHEREOF, Declarants have caused this instrument to be duly TATE OF NEW YORK SS: S OUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DDEED LIBER E/RZIF�HAT I HAVE COMPARED THE ANNEXED RECORDED PY�F a7 a SCI / AT PAGE AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLA ATI N AND OF THE WHOLE TEREOF. IN. TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS DAY OF WtJt- t fav & /. OYj4/4a. CLERK 1V316.9.12/97cg Mullen Motors, Inc. ,_.77 ^ -6- ALL that certain plot, piece or parcel of land with the buildings and improvements. thereon erected, situate, lying and being at Southold, Town of Southold, County of Si,ffolk, State of New York, being known and designated as Lots 1 and 2 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more particularly bounded and described as:follows: BEGINNING at a monument set in the southerly side of Main Road distant 100 feet easterly from the corner formed by the intersection of the southerly side of Main Road with the westerly side of Cottage Place; running thence along the southerly side of Main Road the following two courses and distances: (1) North 87 degrees 02 minutes 00 seconds East, a distance of 100 feet to a monument; and (2) North 85 degrees 37 minutes 00 seconds East, a distance of 98.92 feet to a monument located at the point of _ intersection of the southerly line of Main Road with the westerly line of Locust Avenue; running thence along the said westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet to land now or formerly of Alice Albertson and Gertrude Katz; running thence along said land of Alice Albertson and Gertrude Katz and land now or formerly of Mullen, the following two courses and distances: (1) South 75 degrees 42 minutes West 111.69 feet, and(2) South 71 degrees 55 minutes 4j0 seconds West, a distance of 98.50 feet to a point and the easterly side of land now or/formerly of Mullen; running thence along last mentioned land,North 15 degrees 32 m-hutes 00 seconds West, a distance of 171.74 feet to a monument set in the southerly side of Main Road, at the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfred S. Pfeil by the following deeds: 1. Deed dated 6/5/73 recorded 6/6/73 in Liber 7412 cp. 557 made by Ralph L. Glover and Una Belle Glover, his wife; and 2. Deed dated 7/18/75 recorded 8/11/75 in Liber 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Marie Cassidy, as devisees of the Estate of Bridget Furey and Catherine A. DeRosiers. SCHEDULE A . , ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, known and designated on a diagram of Lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Clerk of the County of Suffolk as and by Lots 26, 27 and 28, said lots when taken together are more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Locust Avenue distant 129.79 feet southerly from the intersection of the southerly side of Main Road with the westerly side of Locust Avenue; running ning thence along the westerly side of Locust Avenue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands of Szczesny; thence along said lands and also along lands of W. Corbett South 73 degrees 21 minutes 50 seconds West . 162.91 feet to lands of B. Adams; thence along said lands North 17 degrees 10 minutes West 48.80 feet to the southeast corner of lands of Mullen; thence along said lands North 18 degrees 05 minutes 50 seconds West 109.47 feet to lands of Albert W:Albertson, Jr. and Donald B. Katz; thence along said lands of Albert W. Albertson, Jr. and Donald B. Katz the following two (2) courses and distances: • 1. North 71 degrees 55 minutes 40 secondy, East 38.81 feet and 2. North 75 degrees 42 minutes East 111/69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING.2 BEING AND INTENDED TO BE a description of the premises conveyed by Judith Zavesky, James Michael Lucey, Kathleen Marie Lucey and Patricia Lucey to Alice Albertson and Gertrude Katz by deed dated May 19, 1982 recorded July 7, 1982 in Liber 9207 cp. 596. SCHEDULE B • • ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 3 and 4 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 3993:and being more particularly bounded and described as follows: BEGINNING at a point located at the intersection of the southerly line of Main Road with the easterly line of Cottage Place; running thence along said southerly line of Main • Road North 87 degrees 02 minutes 00 seconds East, a distance of 100.00 feet to a monument and land now or formerly of Katz and Albertson; thence along said land. South 15 degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richard Mullen, Jr.; thence along said land South 71 degrees 55 minutes 40 seconds west, a distance of 100:00 feet to the easterly line of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minutes 00 seconds west, a distance of 198.00 feet to the intersection of said easterly line of Cottage Place with the southerly line of Main Road and the point or place of BEGINNING. • • • SCHEDULE C - ° iQ5iP( 821 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Cochran, as surveyed by J. Wickham Case, October 1867, filed in the Suffolk County Clerk's Office on October 6, 1870, as Map No. 399, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said northerly line of Lot 33 is shown on a certain survey by Otto W. Van Tuyl and Son, Licensed Land Surveyors, Greenport, N. Y., dated October 17, 1963; RUNNING THENCE North 71 degrees 55 minutes 40 seconds East a distance of 159_:69 feet to lands of Alice Albertson and Gertrude Katz; RUNNING THENCE South 18 degrees 05 minutes 50 seconds East along said last mentioned lands a distance of 109.47 feet; RUNNING THENCE South 73 degrees 40 minutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE North 14 degrees 48 minutes 00 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Richard F. Mullen, Jr. by deed dated 10/3/86 recorded 10/23/86 in Liber 10152 cp. 60 made by Daniel C. Finne and Dopla M. Finne, his wife. SCHEDULE D STATE OF NEW YORK) SS COUNTY OF SUFFOLK) On the / y day of(iGv1rC_2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Albert W. Albertson, Jr., known to me or-proved to me on the basis of satisfactory evidence tobe the individual whose name is subscribed to the within instrument and acknowledged to me that he'executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. NotaryPublic s.j�AGEN NOTA MU :mate of New Noy 02141A4927 co -6Y°4( cconossQualified elites Mar°1,20 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS:. On the /-/-/ day of March, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald B. Katz, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. 1°J1 Notary Public KAREN J.HAGEN NOTARY PUBLIC,State of New** No. 02HA4927029 • Qualified In Suffolk Commission Expires March 21,zu • -7- • i• . STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the / 1/1-1 day of-itr , 2 00, before me, the undersigned, a Notary Public in and for said State, personally appeared Gertrude Katz, known to me or proved to-me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. 7-1/ 7 Notary Public • KAREN J.HAGEN NOTARY PUBLIC,State of New No, 02HA4927029 STATE OF NEW YORK) SS.: mt°ssloned In Suffolk County_ ires Mares 1 '• COUNTY OF SUFFOLK) n the / •day oto O 2000, before me, the and signed, a Notary Public lin and for said State, personally appeared ,4t2.J-ovi iVi'A1 , of Mullen Real�y, L.P., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public KAREN J.HAGEN NOTARY PUBLIC,State of New York No. 02HA4927029 Qualified In Suffolk County Commission Expires March 21,20- -8- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS:: On the /y c cn�_ day of 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared n'1 aY10.1 , of Mullen Motors, Inc., known to me or proved to me-on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. 4-7 , I Notary Public U KAREN J. HAGEN NOTARY PUBLIC,State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21,20a� -9- ttiorLi 12�51PG821 2 = RECORDED 'Nuatber of pages 1 1 TORRENS OO JUN 27 PH 4: 29 EDWARD P. ROMAINE Serial# CLERK OF SUFFOLK COUNTY Certificate# Prior Ctf.# Deed/Mortgage Instrument Deed/Mot tgage Tax Stamp Recording/Filing Stamps TI FiiTiS Page/Filing Fee _42_, L1 Mot(gage Am(. Handling 5— '- _ 1. Basic Tax TP-584 2. Additional Tax Notation - (��] /� -bub Total , EA-52 17(County) Sub Total J v"7v� Spec./Assit. Or EA-5217(State) Spec./Add. R.P.T.S.A. -.J ���y� OtN� A ,,� TOT. MTG.TAX Comm.of Ed. 5 00 t '' ` ' y Dual Town Dual County 1 : ZONING BOARD OF APPEALS Office Location: Annex Building on Youngs Avenue Mailing Address: 53095 Main Road, Box 1179 Southold,NY 11971-0959 Emails: Linda.Kowalski(a Town.Southold.ny.us or Jessica.BogerATown.Southold.ny.us Web site http://southoldtown.northfork.net (631) 765-1809 ext. 1 fax(631) 765-9064 -1 341— 5'6 51 TRANSMITTAL To: t/P dA 0 i DATE: 0 I °21) /2004 f:025- -mJ REF: Hearing Date: f0 /' ( / 7' Appl. of A4.41. Grp )JLc-tea, fy(x ) Info attached for your information and review. C tie it , . , ,/ 6 /°, 74 1-e ...„,,,,,,,...„,,,,,,,,e, /°s. , ,rddia,,,,,,,„,,,.. .7,,, ,.....,.... . • Thank you. Pages attached: // . , LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 21, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 21, 2004, at the time noted below: 11:00 AM MULLEN REALTY, L.P. and RWM ENTERPRISES, INC. #5598 and #5599. Location of Properties: Main Road, Locust Lane and Cottage Place, Southold; CTM 62-3-19, 20, 22.1, 24.1. Appeal No. 5598: Request for Variances, relative to proposed Parcel I, under Sections 100-102 (Bulk Schedule), 100-103A & C, and 100-243(A) concerning proposed , additions with alterations to an existing car dealership with service center, based on the Building Inspector's March 25, 2004 Notice of Disapproval, amended August 12, 2004, noting the following: (1) setbacks at less than 25 feet on a single side yard and less than 50 ft. total side yards, (2) lot coverage greater than 30% (3) setback at less than 100 ft. back from the right-of-way, (4) linear frontage is greater than 60 feet on Cottage Place and greater than 60 feet on Main Street; (5) enlargement in overall building footprint(s) of more than 15%; (6) expansion of a nonconforming building containing a nonconforming use; and (7) Special Exception for car and truck dealership and public garage under Section 100-101B(12). Appeal No. 5599: Request for a Variance under Section 100-102 (Bulk Schedule) for proposed Parcel II with less than 30,000 sq. ft. of land area, and with existing buildings at less than 25 feet on a single side yard and less than 50 feet total side yards. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 1, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski \ r. k< p .'i :4;0 a. I.L `{,'rlt ;,_ L E G A L S • Inspector's August 6, 2004 Notice of Variances under Sections 100- . , , :comm d # '�.""" i,'_ . . ,_ ►From pdge 45A Disapproval concerning additions with 162A(3) and 100-165B, based on the 3fi Variance�tinder.See` , 1t;'•,} alterations to the existing dwelling,with Building Inspector's April 23, 2004 '� s on then;$uil Se !S` d an increase in the degree of nonconfor- Notice of Disapproval,amended May 2, g 10:10 a.m. MARION GOTBET- mance at less than 15 feet on a single 2004 and June 3, 2004, concerning a ( fl1gYYsti$ '2004Ib`tuo f e,,,&_,t,;91,tuw, IS TER and CARMEN RAMIS.Requestc. side yard and less than35 feet total sde proposed telecommunications tower at concertminproposed additions.w' =' ti ' s". sia for Variances under Sections 100-242A yards,at 645 Fisherman's Beach Road, 125 ft.height with antenna,and related d �t and 100-244, based on the Building Cutchogue;CTM 111-1-33. Ips than SO feett from there lot line t equipment.The reasons stated for disap- 50q atiaRond'.,,a„ ttituc r,. Inspector's August 12, 2004 Notice of 10:45-a.m. WILLIAM and DON- proval are that the telecommunications (�/ 4 38 Disapproval,amended August 30,2004 NA GOGGINS #5601. Request for tower: (1) does not meet the code � i3O.30,.,__il_,„,_i ,„ and September 3, 2004, concerning a Variances under Sections 100-30A.3, requirements with a proposed height at 1") ROnt second-story and garage addition to the Bulk Schedule, and Section 100-242A, 125 feet,(2)is not permitted to be locat- RAH ZUHO $1:#5591.- equest for/ existing single-family dwelling,with an based on the Building Inspector's ed within 300 feet of historic properties, '.IVariance !iid'- _"tinAilA;and% increase in the degr&e of nonconforming August 30,2004 Notice of Disapproval CTM 18-5-15.1, 18-5-11.1, and (3) is .10:244,_ba§,e4:4.otL,ttl:..,�ultdut�. q with a front yard setback at less than 40 concerning "as built" additions with not permitted on a nonconforming lot Inspector's-August;6 20 Notice of feet,at 425 Diamond Lane and Private alterations to applicant's dwelling with size,or lot containing less than a mim- '�! PE ? l�e�gn'dming p . t1 Road,Peconic;CTM 68-2-13.1. an increase in the degree of non-confor- mum lot area in a residential district of ns v ct1 ;onss, -�. �,,N. ?�H' '� tw.�� � ;i�;:� 10:15 a.m. JAMES AND MAURA mance, at less than 50 feet from the five(5)acres. dwelling,with:an�igorease in the degree" O'MALLEY #5596. Request under front lot line and above the code's 2-1/2 Special Exception under Section r of.nenoonfatmaneerat••lesswtlianr35"feeet-, Section 100-26 for a Lot Waiver to story height limitation, at : 55 New 100-162A(3)to construct telecommum- 4 from the,front lot at 440-^,Preemiaril unmerge a land area of 16,198 sq. ft., Suffolk Roa. 1 Avenue,Mattituck~ 113 3;'��U" ' 1 which, based on the Building 10-1 uffO ' CTM 1 cations tower. i 9:55 a.m. J The Board of Appeals-, EIL N Inspector's August 12, 2004 Notice of .00 a.m. MULLEN REALTY, pr als.will hear all B 6L O ;�#560 i g to their represe arine/rr y ,�� Disapproval,amended August 23,2004, .P. and RWM ENTERPRISES, ring to be heard at each hearing,and/or r der,Sdttti$llOt1=24# bad states that the property p p rty is merged with INC. #5598 and #5599. Location of de§icing to submit written statements g o>1i Ii Rin laRt Insptlaii'isi'Aii st18,twMain 2004 Notice of'•Disapproval, amended( mon adjacentwnership atiany time after July 1 Cottage Place,as been in corn- Properties: cTM 62-3-19, Each hearing willust Lane and bet-Ore the s not start ion of aearlier than s `4ugtl tfL'6p2QQt1`,2atietrniur p rsid 1983. The Applicant t pp proposes t o 20,22.1,24.1. desi ated above.Files are available for addition to.a gew'dwellingr(und con-t unmerge 16,198 sq. ft., identified . Appeal No. 5598: Request for revie\during regular business hours.If stiff h&i 'lMth a S aid'&t k-at$ 2545 Mill Road at the comer of Mi. i Variances,relative to proposed Parcel I, you ha a questions,please do not hesi- S less � ' '�" c4 rf '%at ? {l�}y(j iarll'iewl Avenue (a private road), CTM 67 .- under Sections 100-102 (Bulk tate to ell(631)7654809. Avenue,SOnthold'`CTM'7010-29 1. i 13.1,a/k/a CTM 12&13,from the a a- Schedule), 100-103A & C, and 100- Dated:C} tober 4,2004. T-13:001 dirrgt" 1 t'At cent.46+-of an acre,identified as 2 65 243(A) concerning proposed additions BOARD OF APPEALS #5593.,,Request or Variances, under/ and 2625 Mill Road,CTM Nos.67- 11, with alterations to an existing car deal- RUTH .OLIVA,CHAIRWOMAN Sectionsa700 24 d',.l,j( 'l4 basedi and 10 (Edward and Eileen Maguire; ership with service center,based on the i on -the Buildi4 Inspector's J .29,: Landowners),in Peconic.Zone Drs Ft: Building Inspector's March 25, 2004 7133-1T 1 By Linda Kowalski 2004 Notice of Disapproval,concerning R-40 Residential. / Notice of Disapproval, J LlE'GA rN' eR� 8', q 'f tt d�it7�' JACOBS #5604. Request AND ba12'2004,noting the following: lu sett — OTICE setback at less than 4'0.ft ef''' i ear arii Variance under Section 00-244,f b' ed side yard cks at less and less than 25 50 ft.et totalsingle de ,setbac.. aL lesL th' S 0.fe t. on the BuildingInspector's Au u t 0, yards,(2)lot coverage greater than 30% BOARD OFAPPEALS��...'�� �' an' �-�,.��, � Pe g � PriyateeadT'ofe no d , f 2004 Notice of Disapproval,concerning (3)setback at less than 100 ft.back from THURSDAY d l�$ER 21,2004 Ro to 2r5?�rie^n ' �•,..,_q$,..* `:� . �., ; - fiu:k. a new dwelling which will exceed the the right-of-way, (4) linear frontage is PU. c; ,G$, 2 i0:05 a, i 'P.nV�,,�,,2r 20%code limitation for lot coverage,at greater than 60 feet on Cottage Place • �'NO,TICIi"IS,I:fI��� °"-' � �. O#5592. g YZ%L•Vi N pun-r r=R u'"est-fort•-V:anct'e,: -Sectio°rje 940 Gillette Drive, East Marion, CTM and greater than 60 feet on Main Street; suant to Section 267,of the Town Law00 4 B p ,d'd on . mg 38-2-10. and Chapter 100(Zoning),Code of they t•-•lvsspect' rJ�,re 0` 00 otic f (5)enlargement in overall building foot- Q9t..tni ,. ,'- ,y,- j , 10:25 a.m. FREDERICK YAR- print(s) of more than 15%; (6) expan- S Town of Southold, public hearings oni Disa.•mein' concerningdemolitio i:'oi OSH and SHEILA FURLONG 15614. sion of a nonconforming building con- `the follisi uigt ieivt"a lications'=will be F lie,.,,,,,,�Y "' uii y Land ,11a .cti n`9= . Request for Variances under S ctions taming a nonconforming use, and (7) held by,t the COLT OL TOWNS „,ane sitlsetb c:' 100-33 and 100-244, based n the ,, ,, , n r t 4. Special Exception for car and truck .PEALS, at the Towne" 1 than code;?eqh edji>p?' u•i,o`f io Building Inspector's August 20,`2004 dealership and public garage under '=Hall,53095 Main Road,P.O.Box 11,,79,r 14'&'f nd'I5tfeet,ones hside fan.acorn Notice of Disapproval, concerning Section 100-101B(12). Southold, New Yozk,11971-0959, ons bindd :ide Wil ng le's`t ifirfee fdr''li0thq . removal of the existing dwellin and Appeal No 5599: Request for a new dwelling wi es?np ed ulk be TOBER di,2004 sopn theret Ma tu CTM 1122�'g '` env construction increase in the adegree of noncon or- an Schedule)Variance ufor proposed Parcelnder Section 0 II2 with nth after as po'ssibl'e)•l "(`r` '-•' .� -;;' y 1- i y mance,with setbacks at less than 35 et less than 30,000 s ft of land area,an 4-Set,Le at3!{ `', from the front lot line, at less than with existing buildings at less th 5 -- -"...&`.=..,.e0. '_a,. c�,„y.-.>.'s,-sGs feet from the rear lot line,and with total feet on a single side yard ancil s than ---• - lot coverage in excess of the code luny- feet total side yards. talion of 20%of the lot area(10,066 sq. 1:00 p.m. LINDSEY LLEY ft.) Also proposed is an accessory sheik nit I1V Request for a in an area other than the required rear Variance under Sections 100-242A and yard, at 1945 East Gillette Drive, East 100-244, based on the Building Marion;CTM 38-4-27. Inspector's September 14,2004 Notice 10:35 a.m. CHRISTOPHER of Disapproval concerning a nrnnneM #7133 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, commencing on the 7th day of October , 2004. ;22€2.., ____ Principal Clerk Sworn to before me thisday of Ceilt 6-e)-(--) 2004 WA,OhtleiL Vbt'VXA'a CHRISTINA VOLINSKI NOTARY N®LIOG.V�b1OF 060W YORK Qualified In Suttolk County Commleolon Expires February 28, 2008 _ LARK& FOLTS Attorneys at Law 28785 MAIN ROAD CUTCHOGUE,NEW YORK 11935 --------------- Tele.No.(631)734-6807 Fax No. (631)734-5651 MAILING ADDRESS: RICHARD F. LARK PO BOX 973 MARY LOU FOLTS CUTCHOGUE NY 11935 October 20, 2004 Mrs . Linda Kowalski Southold Town Board of Appeals Ki 2 0 2004 53095 Main Road P. O. Box 1179 Southold, NY 11971 zoic , , _ , .,,,,.120, RE: Mullen Realty, L.P. and RWM Enterprises, Inc . Appeal Nos . 5598 and 5599 Dear Mrs . Kowalski : Pursuant to your letter dated September 24, 2004 in connection with the above-captioned matter, I am enclosing the Affidavit of Sign Posting. Also enclosed are the green signature cards from the certified mailings . Very truly yours, 40( /// hard F. k RFL/bd Enclosures OCT 2 0 2004 ZONING BOARD OF APPEALS ZONING ti TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Mullen Realty, L.P. and AFFIDAVIT RWM Enterprises, Inc. OF SIGN • (Name of Applicant) POSTING . Regarding Posting of Sign upon Applicant's Land Identified as 1000- 62 - 3 - 19, 20, 22.1 and 24.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, RICHARD F. MULLEN, III, residing at (no #�) Yennecott • Drive, Southold , New York, being duly sworn, depose and say that: On the 12th day of October , 2004, I personally placed the Town's official Poster's with the date of hearing and nature of my application • ..noted thereon, securely upon my property,located ten (10)feet or closer from the street or right-of-way(driveway entrance) -facing the street or facing each (—) street or right-of-way entrance;*and that. I hereby confirm that the Postershas remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be October 21, 2004. ELa.ceiL .4c (Signature) Richard F. Mullen, III Sworn to before me this • 20th day of October, 200'4. • (Notary Public) BARBARA DIACHUN Notary Public,State of New York No 01D14635190-Suffolk County Commission Expires Oct.31,200 6 *near the entrance or driveway entrance of my properly, as the area most visible to passersby. It APPEAL NOS. 5598 A15599 - MULLEN REALTY, L.P End RWM ENTERPRISES, INC. 1000-062 . 00-03 . 00-008 . 000 ` d17v!lEkr SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. ,1T,ature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X/L� � � ,•'f�' so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, 13('eceived by(Printed Name) C. D. e o Very s or on the front if space permits. �' G C{� 1 1. Article Addressed to: D. Is delivery address different from item 17 • Yes If YES,enter delivery address below: "0 „� I`4u Clifford Saunders, Jr. 1375 Bungalow Lane '�� `'�, f , Mattituck, NY 11952 • , OCT ® 2004 II 3. Service Type ii Certified Mail 0 Express Mail ?: R+,,., 0 Registered K7 Return Receipt for Merchandise ( - O�,^ �. 0 Insured Mail 0 C.O.D. lli ' S 4. Restricted Delivery?(Extra Fee) 0 Yes I 1 2. Article Number : : '' ` 2555 _ _ 1 (Transfer from service labe`p ' ' ' 7 2 2- 315 0= 2 D Q D 2 5 5 5 514 3 PS Form13811,Febtti r 2004;I 1 5 j Domestic Return Receipt (( � e 102595-02-M-1540 1000-062 . 00-03 . 00-009 . 000 }3s ; C ,1 Illi iifll11)Lr1/ IiI I , 1t i� SENDER: COMPLETE THIS SECTIOl11 COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si. ature ! • item 4 if Restricted Deliveryis desired. �( 11 0 Agent r ( ■ Print your name and address on the reverse X. s rod ' • 0Lin5,.ressee so that we can return the card to you. B. c eived by(Punted N�me) '� Date o �ery ■ Attach this card to the back of the mailpiece; p I ' �. or on the front if space permits. �aMze 1 6'1 C ` '+' yr �\ I 1. Article Addressed to: D. Is delivery address different ij.6 i 1a r17"(:7 - 1 If YES,enter delivery address b:ow: 0 No' v James Wilcenski \ ,, /. 115 Holiart Road ����/ Southold, NY 11971 3. Service Type Certified Mail 0 Express Mall 0 Registered RI Return Receipt for Merchandise ( 0 Insured Mail 0 C.O.D. I 4. Restricted Delivery?(Extra Fee) CI-Yes 2. Transcle Number ' 1,1 4 l ',1100 7202 13150 ',00011,2.55;5 15],52 (fransfer'from service label) Domestic Return Receipt 102595-02-M-1540 f PS Form 3811,February 2004 1000-062 . 00-03 . 00-010 . 002 SENDER: COMPLETE THIS SECT/ON �� COMPLETE THIS SECTION ON DELIVERY l ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse 1( si so that we can return the card to �PiCu� �j , / 0 Agent ■ Attach this card to the back of the mailpiece, ' e--e, ❑Addressee or on the front spaceif B. Received by(Printed Name) C. Dat- .f D.Ilvery permits. { 1. Article Addressed to: JD. Is deliveryaddress different from item 1 ■F es Steven Belich & Wife If YES,enter delivery address below: 0No 285 Hobart Road Southold, NY 11971 - l 3. Service Type II Cert ed Mail 0 Express Mall ❑Registered X1 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 2. Article Number r 4• Restricted Delivery?(Extra Fee) 0 Yes (Transferffrorr�service/abe%J� j s 3 ;7E102 i 3],$ : 0022 25=55 ;51'67;{ j PS Form 3811,February 2004 Domestic Return Receipt 10259s-02-M-1540 , Page 1 of 7 APPEAL NOS . 5598 3599 - MULLEN REALTY, L.P, __nd RWM ENTERPRISES, INC. 1000-062 . 00-03 . 00-010 . 003 NOT REQUIRED. OWNED BY APPLICANT MULLEN REALTY, L.P. 1000-062 . 00-03 . 00-011 . 000 ' NOT REQUIRED. OWNED BY APPLICANT MULLEN REALTY, L.P. 1000-062 . 00-03 . 00-012 . 000 i4ai i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si.nature item 4 if Restricted Delivery is desired. X a 1 FF'' Agent IN Print your name and address on the reverse �. r. ddressee so that we can return the card to you. B. Received by(-Tinted Name) C. Date of Delivery (, • Attach this card to the-back of-the mailpiece, ( or on the front if space,permit ., D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to:/ ham' If YES,enter delivery address below: 0 No to Joseph Ak`sten. ' U� Cottage Plac ' P.O. Box 4822 Southold, NY 11971_ _ 3. Service Type ( 11 Certified Mail ❑Express Mail ❑Registered 19 Return Receipt for Merchandise ❑Insured Mail C.O.D. ——— 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article NumberL, 7004 ,075,0; -0003 3399, 8:183, • (Transfer from service label) ' L. • - - - - PS Form 3811,February 2004 , Domestic Return Receipt 102595-o2-M-1540 1 Page 2 of 7 '3 APPEAL NOS. 5598 AN•599 - MULLEN REALTY, L. P. nd RWM ENTERPRISES, INC. 1000-062 . 00-03 . 00-013 . 000 - Vlv1Jj-v1 �- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete • item 4 if Restricted Delivery is desired. :2Y, gntC•, ■ Print your name and address on the reverse ❑Addressee . so that we can return the card to you. B. Received by(Pri t d Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, /,f Lind or on the front if space permits. v y D. Is delivery address different from item 1? 0 Yes 1 1. Article Addressed to: " ' If YES,enter delivery address below: 0 No )INary Emerson C. Jr. Hasbrouck & Lee Hasbrouck RR#1 Farm Road West 3. Service Type l Certified Mail 0 Express Mall Wading River, NY 11792 ❑Registered K1 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 'M (1 I (2 1 4. Restricted Delivery?(Extra Fee) 0 Yes f i 2. Art`icleVNumber. T ;`t' j-'-y_ ;' ` I z '7002 '31;50,11000%1 25.55'' 5006=_ (Transfer from service label � PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ,, , , , , , 4 iF II . i7 1111 Itt „1!li 1000-062 . 00-03 . 00-014 . 000 muddier SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ' • Complete items 1,2,and 3.Also complete A. S•nature item 4 if Restricted Delivery is desired. d ''`"(--- j • Print your name and address on the reverse 0 i 'Agent so that we can return the card to you. _ _�❑Addressee 111Attach this card to the back of the mailpiece, B. Received by(Pd ted Namle) C. Date of Delivery or on the front if space permits. 1 O(•- i )- NMAto y 1. Article Addressed to: D. Is delivery address differerifrom item 1? ❑/Yes' If YES,enter delivery address.below: ❑No Daniel A. Poliwoda & Wife ',,...(d-s.--,---s JP.0. Box 169 - ,��r� 4Y_, /` Southold, NY 11971 3. Service Type 4 Certified Mall ❑Express Mail ❑Registered fe Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number __ • (Transfer from service%abet i,I,' 1 1 7;0 0 2 j 315 0 ;'0000 2 5 5.5 5 013_ 1,1 PS Form 3811,February 20041 1 ; , Domestic Return Receipt 102595-02-M-1540 1000-062 . 00-03 . 00-015 . 000 dliutifii SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. . • Print your name and address on the reverse X ALL� A A nal , 1 so that We can return the card to you. 'w I B. ' eived by(Printed Na e) to of.Deli I ■ Attach this card to the back of the mailpiece, :' � ;� or on the front if space permits. . ^�r Com•" , D. Is delivery address different fro ite 7?F D esi . 1. Article Addressed to: If YES,enter delivery address•-10.. b No O Kathryn M. Pulver -Lot RNA 48 East 88th Street pt. 4B . New York, NY 10128 3. Service Type W Certified Mail ❑Express Mail - - ❑Registered El Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ElYes __ 2. Article Number,I: i or i.7pp2 ::3150 OO;aa 2555 :502❑ a ii. +i i4 i (Transfer from sernce label � ' PS Form 3811,February 2004 Domestic Return Receipt 102595-02,M-154' ( ' ' Page 3 of 7 --"W _________1 S APPEAL NOS. 5598 Ar 5599 - MULLEN REALTY, L.P nd RWM ENTERPRISES, INC. 1000-062 . 00-03 . 00-018 . 000 •' - �Ilef , ,, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete II nature item 4 if Restricted Delivery is desired. ' Agent l • Print your name and address on the reverse i 4 !C4."---13ID��❑Addressee so that we can return the card to you. :. Received by(P 4 ted Na e) C. Date of Delivery j • Attach this card to the back of the mailpiece, II II ''^^ lfff or on the front if space permits. b - Y Ct S V U D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No evon Massar � 15 Cottage Place P.O. Box 1852 3. Service Type Southold, NY 11971 E]Certified Mail ❑Express Mail '; ❑Registered U4 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. _ 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleNumtierlI ; ! ,;r;1; ; :117pp2 31'50 -02100''2'555 5237 l IJ (Transfer from service labeq r PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 j 1000-062 . 00-03 . 00-025 . 000 iii viieli - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. // ,' . ,pj� M ❑Agent ■ Print your name and address on the reverse X(/�� 0" ❑Addressee ' so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 4 . I ` •° A 7 s' ,\address different from item 1? 0 Yes ((( 1. Article Addressed to: If YE+ er delivery address below: 0 No William Corbett gilli P.O. Box 551 Southold, NY 11971 \ � ' J `ate -w r ref ice Type IN Certified Mail ❑Express Mall a Registered 51 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number=1 ! f j i ;i i i ! (transfer from seMce labey r s i , I + !7 0'0 2 3;15 0 1:10,011 2 5 5i 5 .51:14!4 : PS:Form 3811,February,2004 i , , ,Domestic Return Receipt 102595-02-M-1540 1 , 111ir i i i t i, 1 i 1000-062 . 00-03 . 00-026 . 000 fmil,en.•- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign- ure item 4 if Restricted Delivery is desired. X UPJ\t El Agent. ■ Print your name and address on the reverse QL, `y,L.6 y H.414..a ii• so that we can return the card to you. B. Rece ed by(Printed Name) C. Da.of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. ,„, , 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 '10 Obert Reilly Jr. &--- Grigonisn�riae P.O. Box 284 ,,a,� I � 'Southold, NY 11'1 M Ci i 3. Service Type @ Certified Mail 0 Express Mail I e7 C3+�n 0 9_, ❑Registered 12 Return Receipt for Merchandise j r 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes ! ( 2. Article Number I , i ; s , i , l l - ,7 0 0 2 = 315 0` ( • (transfer from service label)1 i i ' `' '' r < ; ,0 0 0,0; 2 5.5 5; 5 D 51 PS Form 31 1,,February 2004, , .i 1Domestic`Return Receipt 102595-02-M-1540 Ilf Page 4 of 7 I I ---� APPEAL NOS. 5598 ANL 3599 - MULLEN REALTY, L.P. -nd RWM ENTERPRISES, INC. ' 1000-062 . 00-03 . 00-035 . 000 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X *2 f - /a7,,.-a ■ Print your name and address on the reverse • •.dressee so that we can return the card to you. B eived by(Print Name) i C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. GL(/1(., c.i ec-1-4Q: D. Is delivery a.,. i. tem 1? ❑Yes 1 1. Article Addressed to: ` IfYES,e (4 lir :i is 0 No Aancy A. Zito & j/ ' 4erard V. Orientale j 295 Locust Lane OCT 0 1120% k Southold, NY 11971 3. Service's , RI Certifi' ,mail- c`s PC-',,,,to 9 a� R '• eceipt for Merchandise t.1� fl, „ 0 Re istere '• o . 0 Insured Mail i .. .D. T _,,t 4. Restricted Delivery?(Extra Fee) 0 Yes OCT 2 0 2004 2. Article Number. . . —• - — "' ' 'q- .i i 3700'2 x3150 i 20,001 21555 506',8 ` (Transfer from service labe � I i t��' � ' i � I i 9 I 4.a lea ivc cazi PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ----_---. .LOP APS EATS i 1000-062 . 00-03 . 00-036 . 000 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 ■ Complete items 1,2,and 3.Also complete A. Signature ( item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X ale,-1"7/f ," --;�[�lj ❑Addressee so that we can return the card to you. B. Received by(Pd Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. --_� 01 0 D. Is delivery address different from item 1? 0 Yes 1 Article Addressed to: /.. � 1 If YES, nter d it very-address below: 0 No nthony Soto & Deli', ; ti zc 65 Locust Avenuet, � ( ( �� l,� P.O. Box 1916 ' // - I `' 3. Se ice.Type��'��1 -' - ®Certfied,Mail '`❑•'Express Mail ❑Registested---Itl Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes i 2. ArticleNumber l i f fl, i i ?0U2 ;3;150; 0000 25;55, 5 7 ; i 1 [ i (Transfer from service labeO _ Receipt 102595-02-M-154 ! 1000-062 . 00-03 . 00-037 . 000 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat ' ,7 item 4 if Restricted Delivery is desired. IN Print your name and address on the reverse X It ID AgentI i so that we can return the card to you. ❑Addressee f • Attach this card to the back of the mailpiece, , B. Re ve ,by( n Name) C. Date of Delivery ( or on the front if space permits. ' Y,4a�I I ! V 1. Article Addressed to. D. Is delivery ad ress different from item 1? 0 Yes If YES,enter d I pry address below: 0 No Southland Corp. .....k i ATTN: A D Valorem Tai ® P.O. Box 711 �cp , ( Dallas, TX 75221-9867 '3'� ( I 3. Service { ,, CertifiedType Mail ❑Express Mail f ❑Registered I7 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. j ‘' 4. Restricted Delivery?(Extra Fee) 0 Yes 12. ArtjcleNurnber I( 7002 3150 0001:F-2555 5082 transfer from service label) (PS Dorm 38111 Feb cuary2004 i 1d i j Domestic Return Receipt -� 102595-o2-M-1540 P Page. 5 of 7 APPEAL NOS. 5598 AN ;599 - MULLEN REALTY, L. P. 7d RWM ENTERPRISES, INC. 1000-063 . 00-03 . 00-010 . 000 r ;chAel 1)1;11 c ( 'vol rre � ) e�u �l 1000-063 . 00-03 . 00-012 . 000 - E5Hher m• P1 def l(/ + r e(—hrrvel ✓ 1000-063 . 00-03 . 00-013 . 000 SEND Co 1 ER: MPLET • Complete items E THIS SECT/ON item 4 if Restricted,and 3.Also co COMpLET �/� ■ Print Your ove complete ETH/S SECT/ON it so that your name and address odesired. A Signature ON DELI EERY f • Attach thwis n return the he reverse X S cards the back of to You. 4 °r on the front if :�Wl�p space permits. mailpiece, B.4 Agent 1• Article Addressedceived by(panted?Varna). to: �Addressee C. Date of j Janet Ryan D. Is delivery address Delivery / P.O. Bog 286 1 S.enter dress different from item 1 p yes [ f SoutholdI �\ ryaddress below: 0 N ' NY11971 j � I I ',/'Type I + rtified Mail Q Registered Express Mail 1 2 Article Number t3 Insured Mail Return Receipt for (Transfer f ' ' • • i____: —- _ 4• Rest• C•O.D. Merchandise l l rOm service/abe r' '" ,:, ; acted Delivery? ft,PS Form38y1 9 sfli ;;iti;,7p32i.3.150 x •aFee) ❑yes Febr ❑0p0 j ua►Y 2004; :2.555- }' i i Domestic' omes Return .5112-; tic Receipt 102695-02-M-1840 i 0 0 APPEAL NOS. 5598 AN ;599 - MULLEN REALTY, L.P. ad RWM ENTERPRISES, INC. 1000-063 . 00-03 . 00-026 . 000 in aben SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatur- ,/� � ' T;� item 4 if Restricted Delivery is desired. !� / { 1 ■ Print your name and address on the reverse ' f ,� 'l%Agent so that we can return the card to you. ddressee INAttach this card to the back of the mailpiece, B• Received by(Printed Nam .. {Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different fr.•.item 1? Yes If YES,enter delivery address bell? l No i ressler Living Trust _I50 Grove Drive outhold, NY 11971 3. Service Type 0 Certified Mail 0 Express Mail ly ❑Registered ri Return Receipt for Merchandise Ily ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer"fioin sen%Ice la�''' I 7°°2: 315,Q ° °° 2 5 5 5::5-12,9, PS Form 3811,February 2004 c Domestic Return Receipt i t iia i 102595-02-M-1540 if i 1000-063 . 00-03 . 00-028 . 001 1 OluiSENDER: COMPLETE THIS SECTION im COMPLETE THIS SECTION ON DELIVERY IN Complete items 1,2,and 3.Also complete A. s' ature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. Xaue_a_t___ Agent ■ Attach this card,to the back of the mailpiece; 0 Addressee or on the front if space permits. B. Received by(p'nted Nam C. Da e of r elivery J 1. Article Addressed to: I? D. Is delivery address different from item 1? ►Yes y If YES,enter delivery address below: 0 No (s I Charles W. Witzke Po 937 56215 Main Road I Southold, NY 11971 )1 7 / " 3. Service Type Certified Mail 0 Express Mail " ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 2. Article Number, { • -- —___ ❑Yes (Transfer from service/abiel' i _ t 7,002':315°y nub ;'2g5:5, i'513 6; i t • 1,1r3 Form 3811ary r1,1Febru2904d P( i 1 Domestic Return Receipt L 102595-02-M-1540 i • ' Page 7 of 7 1 i, APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D. Oliva, Chairwoman P.O. Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A. Tortora Telephone(631) 765-1809 Vincent Orlando - ZBA Fax (631) 765-9064 o James Dinizio •,. http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals DATE: September 15, 2004 SUBJECT: Request for Comments Presently, the Board of Appeals is reviewing the following application(s) for an October 21, 2004 public hearing. Enclosed please find the.ZBA application(s). The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. The file is available for review at your convenience. NAME / REP TAX#/ ZBA BD NOD VARIANCE SITE PREPARER ZONE DATE/S PLAN /SURVEY MULLEN 62-3-19, 5598 8/12/04 SPECIAL EXCEPTION 7/30/04 J METZGER REALTY 20, 22.1, FOR CAR DEALERSHIP SURVEYOR 24.1 B USE & LOT LINE CHANGE & VARIANCES FOR ROW & SIDE YARD SETBACKS, +60' OF LINEAR FRONTAGE, AND LOT COVERAGE MULLEN 62-3-22.1 5599 8/12/04 LOT SIZE VARIANCE 7/30/04 J METZGER REALTY B SURVEYOR Your comments are appreciated. Thank you. pf Lam) 101101c4 613o A iTi't., L Oi- H Ir'h.2 A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property: NAME : MULLEN REALTY LP 5598 MAP #: 63-3- 19 , 20 , 22. 1 , 24. 1 APPEAL: SEILOTLINEISETBACKSILOT CVRD/+ 60' BLDG FRNTG/Lor 5 IZ� PROJECT: ADDITIONS & ALTERATIONS WoWc,OtiFO /4JAJ6 U $ E st/b Biuio IN&S DATE : THU S OCT 21 2004 11 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD — TIWN OF SOUTHOLD — 7 65-1 8 09 OFFICIAL USE ONLY - - - MULLEN REALTY(R LARK)5598 GG • SE/LOT LINE/ROW SB/LOT CVRG/60' FRNT `-�, LABEL (4) 1 MAIN RD SHLD E -19, 20, 22.1, 24.1 B J 7CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX#'S WRITTEN ASSESSORS CARD (7) PULL NOD FROM BD — 1 ON FLDR RT SIDE (0 RESEARCH PRIORS (6) v INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR SOIL &WATER LTR: PARCELS ON LI SOUND— Mail ASAP c6PB MEMO: SION /GET COMMENTSLOTLINE / FROMSCENIC CHAIRPERSONBYWAY) (COMMERCIAL / /INSPECTION PACKET SIGN (S) MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN n COUNTY PLANNING LTR • UPDATED: NEW INFORMATION: • , ZONING BOARD OF APPEALS MAILING ADDRESS: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue September 20, 2004 Re: Chapter 58 — Public Notice for Thursday, October 21, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before OCT. 2nd: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by OCT. 5: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By OCT. 13th: please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. -, C ..,.� /O O 6^ ( 2 ...,,_10 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET5. VILLAGE DIST. SUB. LOT s 1 til //en /reel/ LP 6 ec / � / . J-- FORMER OWNER ---E...'�E ACR. KFA/4/4.(_ 4,/ \.4. 4ae:4731.6.4( - if 2-Sef,.)1 - - A4.14 /eh .ff S MLA f(e4 W g rte . TYPE OF BUILDING /,&t./ ge41-1..t.g RES.- SEAS. . VL. FARM COM .,. SC. Mkt. Value LAND IMP. TOTAL DATE REMARKS . /ft.'" l/ yrc, o to 4'oi(/ /a //s/72, — 0 - 6 . 6-0 1 L 2 1 Sy ce-1... air. # 9/z acid- . -A,iP • e 4/2e9. .'c./gS..o --4.1.. /;:6-4) /2, 94--1, / /V., 7 e-o / 471/46/14e f n 8$ K tO(.0(a n bortc,,14 M gak. Gc.. -i{s-;,3cxo,.-----t-- . 1806 1.3, ho o - IS,sau /i /8, /2//o7/,-L //q3 2 -LJ en , , Mu. • - Z,Ct ., !✓ AGE BUILDING CONDITION NEW • NORMAL BELOW ABOVE FARM Acre Value Per ValueN. - Acre Tillable 1 Tillable 2 Tillable 3 Noodland Swampland FRONTAGE ON WATER 3rushland FRONTAGE ON ROAD /,a ; /er. - ' _ /1 a d • -louse Plot DEPTH /(0 - , BULKHEAD rota! - - DWG.... t S.'A't 1. aJ� i s 1 I I. ,�',r� I ....�.�.r• R O. "��/ I Milli-'� I '..s • N ■�Ae�l0.h) � ' a N \ 6 A" `o j slJ 'iC1 ,' '1‘r1041:. r ' 111111111111111 l-•" � + k �o �6 r.'�i r • _ - Yr _ ' .:4 - c;.. . eY, n'' tr•�"7 II/ISI/t. ,' .11 t . t .„ /'-'2. : .... M. Bldg. D l(S�a 2-/ 6 D G v �_j a D ' Foundation Ba Dinette 1 Extensionio �l v x,5-- / > 2 / �o d /j 3 y ,71 p Basement Floors K. __ Ex#�hG22,x5 3 = (4& - + ��� 3/Ext. Walls • Interior Finish LR. Extension 53i`� 3-(o• z - L 3SJ Fire Place Heat • DR. L1axa4 • . ,A,k_ Z y Z r/ et-2_Type Roof •Rooms 1st Floor BR. • Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage Patio O. B. ' . Total i(D-1/i ' _ - . 4 _.,,, :.d O'WN OF -'-'4 -RE) .✓i. r k 0 , k8 fi '. S [7 d ti ,,f f ,'t >r ,7 r dd -'u`- - ." sr w.t;t.. • •10;. f:'.7'' . STREET , VILLAGE ', DIST. SUB. LOT ...e}t/144..." " s , FORMER OWNER N E ACR. I I S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION • NEW n NORMAL BELOW ABOVE . FARM`. __ Acre Value Per Value Acre �'---\ Tillable 1 Tillable 2 • Tillable 3 Woodland Swampland FRONtACE ON WATER 3rushland FRONTAGE ON ROAD -louse Plot DEPTH BULKHEAD rotal - t DOCK - �' O 4,111‘ aim. ' pCa. Mr _ ,r pI fl 9�I� Ip}ol 8 "0 ol}nd• a6o.iie • �(oAnanlaa ADn�azaaa8 aawaoa y�aod • 8 "NIS Jooi8 puZ swoo21 .uoo1 U014.09.1001y�aod '218 lipoid }s1 sw0021 .-72----r4.1 \}oo11 adkL 214 408H 0.41--i-C. ap�lo aa!d uolsua}x3 211 �,� � 4sluld aOlaa}ul �� sll°M }x3 uoisua}x- '>I saooldtT }uawaso� 0,5",/ PO / c2_0�'/ • = ®S X0 uolsua}x_ a}}aula • 0.7-- - 4}vg '� uol}opunot 0 O E/ ,'e.'l c'10 / ; 4074A 61 [ '6p18 'V1 1 til O. ____,,, �o 1 0 % • W1211 1 • 21010D ' i t • s 2 =i ATTACHMENT A TO APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS FOR MULLEN REALTY, L.P. AND RWM ENTERPRISES, INC. Appl . No. Date ✓252 (SPECIAL EXCEPTION) February 5, 1960 • 679 (SPECIAL EXCEPTION) June 25, 1964 v/ 743 (SPECIAL EXCEPTION) February 4, 1965 , 1766 (VARIANCE) May 24, 1973 • • 1767 (SPECIAL EXCEPTION) May 24, 1973 -.' 3608 (VARIANCE) April 2 , 1987 3634 (VARIANCE) June 30, 1987 • 3674 (SPECIAL EXCEPTION) November 18, 1987 v/ 3675 (VARIANCE) November 18, 1987 4050 (VARIANCE) September 26, 1991 , (Copies are attached hereto) INA in ACTION OF THE ZONING.BOAI 'OF A#iP�EAEALS'' DATE 1 Appeal No. , • t . + • ,Dated .' • , o. i ACTION, •F THE ZONING :CARD OF APPEALS OF TOWN OF SOUTHOLD '- To ;*t..''' s "i -;'a:"'! .t, . , . . ` ':APpeliant -• at a eeting pf'the'Zoning.Board of Appeals'ora t# -.the appeal , was,considered end the.aciion indicated below was token.on your . ( ) .Requa.:for;�2ariance-aloe•to.Tock'of•.access-to property' ' . ' ' ( egi *•fpf-Osi$c ai= pi;iortSnider the Zoning Ordinance. •- • ( •-) 'ite quI st for'c.16riai#ceto:the Zoning:Ordinance,.z•: - . _ zi _ :, • •, • ( i , ' •- +- ;;'.- • - •• iC - .,;:, 1.'';';'' ' • •, t::i: L 'SPEdiAL'EXCEPTION:-By fesbiiition of the Board it was determined that a specioi•exception •- - ' ('$,e)be'granted E -3 be cleriied p�iisuant•to Article •-•XV Section..: ,.Subsection.i.......... - paragraph -• • of the Zoning; Ordinance, and the decision of the Building Inspector-(:) • be reversed:• (- ,) be coeifitr2aed becAuse 'WWII , lab thattr • - !. -...:.."'"•''''':-.''..-:'-' , , M. • ,.i Y • • 2. ;VARIANCE.,By resolution of the B••rd it was determined that " ' • • • (a) .Strict,application of• the Ordinanc= (would),(would not)produce undue hardship because' ' • (b) -The hardship created (is) (is not) nique and (would) (would not)be shared by ail properties • alike in the immediate vicinity of this roperty and in the some use, district because• , . (c) The Variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) • change•the character of.the district becc use . and therefore, it was further determined that the requested voridnce•( )be granted( )be denied • . end thk% uses of e 3 ilei a nfi ei( • be r ed.,.1 • 2 vM, v _- t 9 r A s t .4..64111141411 • ZONING BOARD OF'APPEAIS' ;/1'' r • • • Foaaa • :- • .:.A.:-'i- •k", 1.�•..4.. V. _t.:11O w - r . ••-• • .._!cSv:.-'..=. • ._.+'''. '.»;..":-&a`«1.1.- . MiltaZraia.-=4,* ba•atiablatt littitta tit Janet. .artar tha dj,stri• •• `: ,,,' -&-, -Ea• tea that-the grantiag of- lost* Ott (2)-tbixthie stoat* sign. vi-a,- . --., r. the toe or . . , • _ i . • • { • . .. . T - f OF SOUTH OLD, NEW YORK • ." '` June 25, 1964 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 679 Dated June 10, 1964 • ACTION OP THIS ZONING BOARD OF APPEALS OF THE TOWN OF SO4UTHOLD • Mullen Motor Sales AppellantTo Main Road & Cottage Place Southold, New York • at a mectlrg of the Zoning Board of Appeals on Thursday. June 25, 1964 the appeal . ' was considered and the action indicated below was taken on your ' ) Request for variance due to lack of access to property (X) Request for a-special exception under the Zoning Oidinance ( ) Request, for a variance to the Zoning Ordinance ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied puirsuant to Article Section Subsection _ paragraph ..._......... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.D.S.T. ) , upon application of Richard F. Mullen, Mullen Motor Sales, Main Road, and Cottage Place, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 400, Subsection 9, for permission to install a new and used car lot. Location of property: south west corner Main Road and Cottage Place, Southold, New York, bounded north by Main Road, east by Cottage Place, . south by M. Aketen, west by R. Swezey. * * , • 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of .the district because SEE REVERSE and therefore, it was further determined their/the requested variance ( .) be granted ( ) be denied . and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 Barbara L. Carroza, Secretary G1- (.r a ) (i'l %-�"I`'-,, <,-,4/ �.., rr s , If After investigation and inspection the Board finds that Mullen Motor Sales wishes to operate a new and used car.lot. Due to an increase in business this lot is necessary for the .display of cars for sale. The Board finds that this car lot till be clean and orderly, sihee Mullen Motor Sales has a separate junk yard for wrecks. The Board finds that the public convenience and welfare and . justice will be served and the legally establi&ied or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Therefore,it was RESOLVED that Richard F. Mullen, Mullen Motor Sales, Main Road, and Cottage Place, Southold, NeW '' brk, 'die J grantdd permission to install a new and used car lot on property located south west corner Main Road and Cottage Place, subject to the following conditions: 1. No major repast work ahal.l be performed in the open. 2. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored, in the open and no parking of *Moles other than those being serviced shall be permitted, 3. Signs to be in accordance with Article IV, Section 408, of the Building Zone Ordinance, of the Town of Southold, / / . ACTION OF THE ZONING BOARD OFAAPPPEALS DATE POMMY Appeal No. Dated +moor. =!. 1 965 ACTION OF TEL ZONING BOARD OF APPEALS OF THE``�OTOWN OF SOUTHOLD CO.Servirs Sign greeter" t . Mc iirailen actor Saler Appellant 41.7 W. 426Th Street road Pei WO. lam IVO Southold. Saw York at a meeting of the Zoning Board of Appeals onVUNtlaar• Marna 4. MS the appeal was considered and the action indicated below was taken on your i 1 Request for variance due to lack of arePsa to property (t) Request for a special exception under the Zoning Ordinance l ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section _ Subsection Paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because USG P,*.j@.V.V.), agelleetion or Service sign Bracttffte• rogeawy. +• 417 n. lith Street. New Tett, New Yash. sib Mellon Hew, tea. legs Road. fig. Sew Tacks for a spscial em oipaiee k with the Sooting trakiinance. Artiste IV. Seetten 400. Aida► )011). Car psrsissioa to moot an on the pret *Igo. tomwassof 00.04stal meta Mit of matt road steed Cottage Place. Southe144 sew Tort. imannee4 north ktyMain road. *esti ta!t LP. Glover, tenth by Daniel Winne. west by U** KM** # * • 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because SUS SWIMS (b) The hardship created (1s) (is not) unique and (would) (would not) be shared by all properties alike in the Immediate vicinity of this property and in the same use district because MI SWAM (c) The Variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because MB and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. • ZONING BOARD OF APPEALS _ FORM ZB4 • giatilifili1.la* Cam art.. 3fA • 'T , • COUNTY OF SUFFOLK, STATE OF NEW YORK } ss*; :.,/,nail na ti y.S.," 1.%may ' sass theestieatien end inepeetion the bear! glade that Sane* Mstei Seise wishes to plum a alga Oa the tees at the building fasiag ecce the Hain Seed. the aide will be ••sill'*$' and Will Seed '9Mfleeeth. Chslrslss. Zecesiel•. this spa will be nesated so that approniaately 4t feet projathe above the sow. TWO sign also b.* the ebalslas inswidth waqld be an lei* teens test bi, She beard is net willing to authorise the a e - of the dial ea the sign, the Beard finds that the public cr and age and justice will be seeved and the legally eatabiish d eapessmitted use of neighbeetheed property and adjoining use dietxieta win sot be peemmethlt or eubeteetielly Waved and the *visit se the *rezone° will be ebeastad. thesoeets, it was that Service sign fireeteie, . 4,17.vl38th Street, See Telt, »/ Toth, *A Kellen NW* Sales. nein Lad, Southold, ohm Toth, be granted peadrissiaa t o est s signs en the PeePertY loathed nth east earner of rials Seed and Cottage sem, Xald. See thee, Oubjeet tie Lallewing tanditiones 1. That the sign be se erected so that it will have 14 feet clearance setas the bottom of the building, we mem no less. _,`!het peter to the erection of this maga, that all ether signs era the fees of the building be reneved, with the of the sign +enroll estates the name of the outer of the prealsee, !ellen net Sal. 3, That the present sign banging on the gave di the tees of the building ora the Main Seed is to be rateved end replaced he the westerly mid ee of the building, and the two sigma othet are psseesetly these are to be discarded. ! i . • • • ,,103 Southold Town Board of Appeals -4- May 24, 1973 THE CHAIRMAN: Two of them are 750 sq. ft. Today's minimum requirement is 850 sq. ft. • MRS. ZIEGLER: That's when you construct, not when you are selling an existing house. We have Multiple zoning. MR. BERGEN: You are doing away with that when you divide it up into homes. THE CHAIRMAN: I think we will have to investigate this further with the Town Attorney. I think there is a point. People who want to buy these, want to buy themas double homes. MR. ZIEGL- ER: One particular woman who comes out every - summer wants to live in one and rent one. Brokers come to me and say they can sell them. You would be tearing out a full kitchen, full bathroom, heating unit. . . everything. THE CHAIRMAN: A lot of things have changed. I will look into it again and we will meet again in two weeks. I don't know what we can do. I think we would be exceeding our authority unless we have legal advice. - MR. ZIP LER: I may lose a customer. If rEi CHAIRMAN: Anyone who gets anything like this would be something that is not permitted in the Town of Southold. We have never run into anything exactly like this before and, apparently, our Town Attorney misunderstood our presentation. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED THAT DECISION on Appeal No. 1757 be postponed to Thursday, June 7, 1973. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC BEARING: Appeal. No 1766 7:45 P.M. (E.S.T. ) , upon application of Richard F. Mullet, r. , 1835 Mill Creek Drive West, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to ,divide .ro .ert with less than re•uired are: Location of property: west side Hobar Road and north side Korn Road, Southold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co. , Turton and Albers. Fee paid $15.00. I I i i - •• 5, - • r ' Southold Town Board of Appeals -5- May 24, 1973 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in.the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that the two proposed lots to be created on Hobart Road would be 21,624. sq. ft. and 22,435 sq, ft. , either of which is larger than the majority of the surrounding lots, THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. C-OTTLIEB J. NIC LES: In keeping with the surrounding area, I believe it is only fair that the variance be granted. MRS. JEAN TIEDKE: I live on Hobart Road and I am confused by the advertising because it says "west side" of Hobart Road. It should be "east side". How did it happen that it came out wrong in the legal notice? TH.r.; CHAIRMAN: I think we shall have to ruleon whether that makes it a defective legal notice or not. I believe that as the legal notice states that the property is located on the north side of Korn Road, and as everyone in Southold knows where it is, the notice is sufficient to locate the property. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was • RESOLVED that the legal notice describing the location of property of Ricbnrd F. Mullen, Jr, ; Southold, New 'fork, is a sufficient description. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. For the Record: The property of Richard F. Mullen, Jr. , Appeal No. 1766 should be described as to location as "east" side of Hobart Road. MRS. TIEDKE: What does Mr. Mullen intend to do with those three lots? MR. RICHARD F. MULLEN, JR. : They will be residential lots. Tar, CHAIRMAN: Are there any other questions? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) 1 IA a ! .! A Southold Town Board of Appeals -6- May 24, 1973 After investigation and inspection the Board finds that applicant requests permission to divide property with less than required area on premises located on the east side of Hobart Road and north side of Korn Road, Southold. The findings of the Board are that applicant proposes to create two one half acre lots in an area where many of the lots are considerably smaller both to the west and to the south. The Board finds that it would be an unusual hardship to deny this application, and agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and wouldbe not shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED Richard F. Mullen, Jr. , 1835 Hill Creek Drive West, Southold, be GRANTED permission to divide property with less than required area located on the east side of Hobart Road and the north side of Korn Road, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. * * * * PUBLIC HEARING: Appeal N. . 176 8:00 P.M. (E.S.T. ) , upon application of Ribhard F. .■ en, Jr. , 1835 Mill Creek Drive West, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission to expand a new and used car lot. Location of property: south side Main Road, east side Hobart Road, Southold, bounded north by Main Road; east by Mullen and others; south by Mullen; west by, Hobart Road. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. Tii CHAIRMAN: This property was zoned "B" some years ago. ` The application is accompanied by maps. Would you explain, Mr. Mullen, just what is presently a parking lot according to the map. MR. RICHARD F. MULLEN, JR. : (Mr. Mullen pointed out the present parking l o t on the map) . � � /21l J t' ♦ _ . 1 1 J , i Southold Town Board of Appeals -7- May 2k, 1973 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. RICHARD F. MULLEEN, JR, : I am here to speak for my application. MRS. JEAN TIEDKE: Will access come between two private homes? MR, MULLEN: No, we don't plan that. THE CHAIRMAN: Would there be an objection to the Board inserting a condition that there by no access from Hobart Road to the parking lot? MR. MULLEN: I would object to that because in ten or fifteen years I might want to sell. THE CNATRMAN: It might be better from the standpoint of traffic. MR. MULLEN: You will notice that there are cars all over the street. MRS. TIEDKE: It's a very dangerous corner. MR. MULLEN: We are trying to remedy that, MR. GOTTFRIED J. NICKLES: I would like to say, with the esteem that the general area has had for Mullen Motors, it is necessary to expand. - MB CHAIRMAN: This is a permitted use. The Board is required to take certain things into consideration in connection with granting. One of the most important things is traffic._ I believe it might complicate the problem to ask you not to use the Hobart Road exit. MR. NICKLES: It's a one-way street. MRS. TIEDKE: Our house which is just a block below this has 100' frontage. They are varied in that area. I don't know whether the outlet from his parking lot would improve it or not. They may put a traffic light up, and they may make it two-way. I don't know how this would interact. I thought Mr. Mullen meant it when he said he was going to keep this strip of tree . THE CHAIRMAN: It's his property. MRS. TIEDKE: Might I suggest .that you request that Mr. Mullen leave a shield of trees. ', t + Southold Town Board of Appeals -8- May 24, 1973 • THE CNaTRMAN: We can ask Mr. Mullen, as a good neighbor, • if he would be willing to guarantee that the 10' strip of trees be maintained on the southerly border of Lot No. 1 in the interest of creating a buffer between the residential area and the business area. MR. MOLLEN: (Referring to map) On that piece there but not on the existing piece. TUB CHAIRMAN: Maybe you Mould want to do it anyway as a good neighbor. I don't think it will cost you anything. MRS. TIED: The Planning Board requested a certain width of trees be left at the Mattituck Shopping Center. I understand the Board of Appeals reduced that. I think you are completely within your rights to request this kind of buffer. THE CHAIRMAN: The Board is empowered to apply reasonable conditions. This may also have to go to the Planning Board for site plan approval. MR. HOWARD TERRY, Building Inspector: Only if there is a building on the property. The building is going to be removed. MR. ! ICKLES: The building is there but it is not sold. (The Chairman read the portion of the Ordinance concerned with public garages. ) THE CNATRMA.N: The Ordinance states that no motor vehicle sales, used car lots, gasoline service or repair shops shall be within 300 feet of any residence district. We already have situations in all of the old town here where most of these types of places are adjacent to residences. This would have to be subject to site plan approval. • MRS. '1.riDKE: This means his existing parking lot is legal because it is pre-existing but the new one should be 300 feet from a residential area. THE CHAIRMAN: There would be no way to use the business area of Southold. MRS. TIET)T<1 : I would like to see it protected from residences on either side of that driveway. This CHAIRMAN: I think that is a reasonable request if Mr. Mullen is agreeable. You understand, Mr,, Mullen, that you are subject to rules in the Ordinance governing the use of property, I would go along with a 10 foot wide strip as a buffer on the south side entrance to Hobart Road but I don't think a 10 foot strip can reasonably be required on the adjoining property. MRS. TIEDKE: I think the general appearance of the Town is improved by buffers wherever you can have them, and I bink he should have one on the westerly side of the road. think $ , ,` _ s lr 4 . i Southold Town Board of Appeals -9- May 24, 1973 buffers should be required. For instance, the lot where the little old house is has a lot of trees. There is another row of trees between that house and Smith's. I don't see why they all have to be demolished. 'CMS CHAIRMAN: I think you should be aware Mrs. Tiedke that the existing parking lot does not have a buffer zone. rte: CHAIRMAN: Are there any other questions? After investigation and inspection the Board finds that applicant requests permission to expand a new and used car lot on premises located on the south side of Main Road, Southold, New York. The Board agrees with the reasoning of the applicant subject to site plan approval of the Southold Town Planning Board, The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Richard F. Mullen, Jr. , 1835 Mil3. Creek Drive West, Southold, New York, be GRANTED permission to expand a new and used car lot located on the south side of Main Road, Southold, as applied for, subject to the following conditions: 1. That on the southerly boundary of Lot No.],, a buffer(s_ strip of 10 feet of presently maintained trees be maintained, 2. Subject to site plan approval of the Southold Town Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, PDBLIC HEARING: Appeal No. 1770 - 8:15 P,f (E;S;T,'), upon application o Lorraine W. Drury 138-71st Street, Apt.' D-7, Brooklyn, New York, or a variance in ccordance with the Zoning Ordinance, Article , Section 301 and the Bulk Schedule, for permission to divide 1 is with less than equired area. Location of property: Lots 22 and\23, Map of Matti ck Estates, Mattituck, New York. Fee paid $15;00N The Chairman opened the aring by readi the application ' for a variance, legal notice of Baring, affida 'ts attesting to its publication in the official n papers, and tice to the applicant.' (''• LY . • ,i• • ..‘• * • s • f..,i$..,�. a .. 1973 TOWN OF SOUTHOLD,NEW YORK DATE Y..... ACTION OF THE ZONING BOARD OF APPEALS APPeal No. 1767 Dated MaY 7, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard Fs Jr, Appellant 1035 (till Cry Drive Rtet Southold, Roo York at a meeting of the Zoning Board of Appeals on 1Y 2k, 1973 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ...... Section Subsection ......._ paragraph ....... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because $i'0 P•k, 'Drive .S.T•)• application of Richard le, 3hz11ea 3' •r X35 *31 Creek . eve Meat, Southold, for a special 'exception in accordance with the toairg Ordi.aachce, Article VII;Section 700 $. Subdoetio'tt 4, for per fission to expend a new and used Oar lot, location of propertyt south. side )lain Road; east by Mallen and *Share, south by Mullen; vest by Hobart Road. Fee •paid $15.004 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE • (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the Immediate vicinity of this property and in the same use district because SM REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SSE REVERSE • • and therefore, It was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM 7.84 Marjorie McDermott, Secretary ala 161 Y- V After investigation and inspection the Board finds that applicant requests permission to expand a now and used car lot on great sop located on the south side of M3.n Road, Southold, New York. The Board agrees with the reasoning of the applicant subject to site plan approval of the Southold Town Planning Board. The Board finds that the .public convenience ands :.fare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently Or substantially injured and the Spirit of the Ordinance sill be observed. THEREFORE IT Y S RESOLVED, Richard £ . Mullen. Jr., 183 Mill Creek strive West, Southold, Pew York, be ',`sa&,N`TEQ permiQsion to expand a new and used ca: lot located on the south side of Hain Read, Southold, as applied for, subject to the feliosring conditions 1 1. That on the southerly boundary of Lot No. 1, a buffer strip of 10 feet of presentlymaintained trees be maintained. 2. SUbject to site plan approval of the Southold Tcwn Planning Board. Vote or the Board: .:,yes:- Messrs; (-llh_spie, Bergen. Hulse, Griffis. p --I, ' • LSouthold. ., Town Board of Appeals • ,. , �+' , . , 0 MAIN ROAD STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 '....4,0"df..' TELEPHONE (516) 765.1809 'ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3608 Application, Dated January 20 , 1987 TO: .J. Kevin McLaughlin, Esq . ' [Appellant (s) ] as Attorney for 'MR. RICHARD F. MULLEN, JR. 828 Front Street , P:O. Box 803 _ Greenport , NY 11944 At a Meeting of the Zoning Board of Appeals held on April 2 , 1987 , the above appeal was, considered, and the action indicated below was taken on your [ ] Request for, Variance Due to Lack of Access to Property i 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 XI , Section 100-112 ( I ) [ ] Request for x Application of •RICHARD F. MULLEN; JR. for a Variance to the Zoning Ordinance , Article XI , Section 1075=112(Ij for permission to utilize subject premises for a paved parking area for_ the employees of Mullen Motors , an established business abutting this parcel along the north side . Zone Districts : Partly "A" Residential and Agricultural and "B-1 " General Business . Location- of Property: East Side of Cottage Place , Southold , NY; County Tax Map District 1000 , Section 62 , Block 3, .Lot 19. x WHEREAS , a public hearing was held and concluded on. March 5, 1987 in the Matter of the Application of RICHARD F. MULLEN;' JR. under Appeal No. 3608; 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 peY'sonally 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 100-112 ( I ) for permission to use premises located partly in the "B-1 " General Business and - partly in •the "A" Residential and Agricultural Zoning Districts as a paved parking area for the employees of Mullen Motors , an established business located on the adjacent property immediately to the north. 2. The premises in question is located along the east side ' of Cottage Place, Southold , with' frontage of 104.60 feet , and is identified on the Suffolk County Tax Maps as District. 1000 , Section 62 , Block 3,' Lot 19. • 3. The subject premises is presently vacant. ' • (CONTINUED ON PAGE -TWO) . - ' ... DATED: April 2 , 1987. CHAIRMAN, "SOUTHOLD TOWN .ZONING BOARD OF APPEALS . Form ZB4 (rev. 12/81) • .. N _ R 1 Page 2 - Appeal No . 3608 Decision Rendered April 2 , 1987 Matter of RICHARD F. MULLEN , JR. 4. Article XI , Section 100-112 , Subsection (I ) of the Zoning Code prohibits such parking spaces on a lot in any residence dis- trict , unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals . 5. The Site Plan prepared December 11', 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 , two of which are located in the "B-1 " Zone District. The total square footage of the lot in question is 17 ,409 sq . ft. Also proposed is a six-foot high chainlink fence encompassing the borders of the north , east and south property lines . A variance as to the restricted four-foot height require- ments along the front yard areas has not been appropriately applied for and accordingly is not a part of this application . 6. Article XI , Section 100-112 Subsection (K) of the Zoning Code and the relief granted hereunder requires continued mainte- nance and appropriate screening from adjoining residential lots and from the view of lands across the street from other residen- tial properties , by a substantial wall , fence or thick hedge approved by the Planning Board , generally at a height of not less than three feet. 7 . It is the understanding of this Board that this property will not at any time be used for vehicles sales , vehicle repairs , storage of equipment or vehicles or related items , and will be used solely as an accessory use to permit parking by employees of Mullen Motors , Inc. , the established business on the lot immediately adjacent to the north. • In considering this appeal , the board finds and determines : (a) that the use proposed is not inconsistent with the general purposes of the intent of zoning ; (b) the circumstances are unique ; (c) the accessory use applied for will not alter the essential character of the neighborhood; (d) the use will not prevent the orderly and reasonable use of this district or adjacent use districts ; (e) the safety, health , welfare , comfort , convenience and order of the town will not be ad- versely affected by this use ; (f) the interests of justice will be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr. Sawicki , seconded by Mr. Doyen , it was RESOLVED , to GRANT the relief requested under Appeal'. No. 3608 in the Matter of the Application of RICHARD F. MULLEN , JR. for employee parking of Mullen Motors only , SUBJECT TO THE FOLLOWING CONDITIONS: _ 1 . wu5 L meet_ Curr en r. Luue reg L, maximum height of four feet along the front yard property lines , unless application is made separately for additional relief. 2. The approved parking area is restricted only to the residentially zoned portion . • 3 . Planning Board site plan approval (including surfacing , screening , drainage , egress , ingress , etc . as per Section 100-112 (K) , et seq . of the Zoning Code ) . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis abstained. ) This resolution was duly adopted. 'Q6 lk GERARD P . GOEHRINGER , CHAIRMAN Tj.— f,:::`,1.,,,,,4,..:.:-"sti:',,, %-y. „ • - 1 i:. -°:.C�;I- Southola Town Board of'Appeals '•3•,;�.;:~ '-":..�,.ti.. , -. MAIN ROAD- pTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 mar" TELEPHONE(516)765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3634 Application Dated May 15, 1987 TO: J. Kevin McLaughlin, Esq. [�PP�llant(s)] as Attorney for RICHARD F. MULLEN, JR. 828 Front' Street, Box 803 Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on June 30, 1987 , 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 XI , Section 100-119.1 (A) - I , [ ] Request for Application of RICHARD F. MULLEN, JR. Variance to the Zdning Ordinance, Article XI, Section 100-1.19.1 (A) for permission to erect i 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. i WHEREAS, a public hearing was held and concluded on June118, 1987 in the Matter of the Application of RICHARD F. MULLEN, JR. lunder 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; a•nd - WHEREAS, the Board made the following findings of fact: -- - t 1 . By this application, appellant requests a Variance . from the Provisions of- Article XI, Section 100-119.1 , sub- -paragraph• (A) for permission. toextend 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 • . s , 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 [ -Oit E l-kt j . - - ' DATED: June 3a, 1987." CHAIRMAN, SOUTHOLD TOWN ZONING;BOARD ' OF APPEALS - • Form ZH4 (rev. 12/81) - ' `, ;�'• - 1 - � I -- —a - --- F' • C ' r r 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-1" E General Business Zoning Districts. _ 4. The Site Plan prepared December 11 , 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 2.6 parking spaces , together with, a proposed six-foot high •. chainlink fence surro,undi•hg the entire premises. The portion of the fencing requiring relief under this variance 'app.']ica- tion is•�_that portion•wtrich .encpmpasses the front yard;•within 35 'feet from ,the front property line. . 5. Article •XI , Section. 100-119.1 and Section 100-119 permits fencifhgalong •the front yard property line, not . 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 isnot 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 I at 50% in relation to the zoning requirements; i (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 I 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 CONDITIONS: - 1 . Plantings to be placed along the residentially-zoned abutting properties for appropriate screening; • 2. All lighting'must be shielded to the ground; . 3. Plantings within the' frontyard area may not exceed a height of 18 inches for the first 20 feet (for visibility), - from a point commencing 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. * - � 1k ,... 4gr. 0 . ERARD GOEH INGER, VIAIRMAN .. • July 9, _1987 ' 41 Al ; 11 J ' Southold Town Board of Appeals -39- November 18 , 1987 Special Meeting DELIBERATIONS/DECISION: Appl . No. 3674.-SE: Application of RICHARD MULLEN , JR. for a ' Special Exception to the Zoning Ordinance , Article 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-1 " Gene`r"a1 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 . The Board deliberated and took the following action : 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 (S. E. ) ; 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 . The premises in question is located in the B-1 Gen. Business Zoning District and is a 100 ' by 197' parcel of improved land identi - fied on the Suffolk County Tax Maps as District 1000 , 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 June 15 , 1987 by Antonuc-ci & Lawless , Yonkers , New York . 3. By this application , applicant requests a Special Exception under the Provisions of Article VII , Sect�ons`—"'" 4 �- (,, . ` ' Southold Town Board of Appeals -40- November 18 , 1987 Special Meeting (Appl . No . 3674SE - MULLEN decision , continued: ) 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 zonin ordinance . The Board has also considered items [a] through [1 ] 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 relief 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 . Goe,hringer , .Grigonis , Douglass and Sawicki . (Member DOyen of Fishers Island was absent . ) This resolution was duly adopted.. * * * , Southold Town Board of Appeals -41 - November 18 , 1987 Special Meeting DELIBERATIONS/DECISION: Appeal No. 3675 : Application of RICHARD MULLEN JR. for a 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. The Board deliberated and took the follawing action : 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. 3675; 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 . The premises in question is located in the B-1 General Business • Zoning District and is a 100 ' by 197 ' parcel of improved land identified on the Suffolk County Tax Maps as District 1000 , 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 June 15 , 1987 by Antonucci & Lawless', Yonkers , New York. 3. • By this application , appellant requests a variance from the provisions of Article VII , Section 100-71 , Bulk Schedule of the Zoning Code which- requires a minimum front- yard setback at 35 feet`. • Southold Town Board of Appeals -42- November 18 , 1987 Special Meeting (Appl . No. 3675 - MULLEN decision , continued : ) 4. The relief requested by this application is a reduction from the present 33. 5 feet for a 19' by 29 ' wide addition, to a setback at not less than 15 feet at the northeast corner and with a setback of approximately 20 feet at the northwest corner from the northerly front• property line (along the Main Road) . 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 viewing the immediate area , it is noted that principal buildings in the area are set back off the Main Road at a similar or lesser setback than that proposed herein . 6 . It is noted for the record that although provision has been made for the residential zoning district under Article III , Section 100-33 of the Zoning Code for similar circumstances , no provision has been added under the B-1 General Business District which would permit the average setback of existing structures within 300 feet on the same side of the street , same block , and same use district . 7 . It is the opinion of this Board that the grant of this variance : (a) will not cause a change in the character of this district ; (b) will not cause a substantial effect or detriment to adjoining properties; (c) is the minimal necessary and is not substantial in relation to those established in the immediate area ; (d ) will be within the spirit of the zoning ordinance . 8. It was further determined that : (a ) the circum- stances of the property are unique and are not personal in nature; (b) there is no other method feasible for appellant to pursue other than a variance; (c) in view of all ' the above factors , the interests of justice will be served by granting the variance , as conditionally noted below. Accordingly , on motion by Mr. Douglass , seconded by Mr. Grigonis , it was RESOLVED , to GRANT the relief requested under Appeal - I j • ,r Southold Town Board of Appeals -43- November 18, 1987 Special Meeting (Appl . No . 3675 - MULLEN decision , continued : ) No. 3675 in the Matter of the Application of RICHARD MULLEN , JR. for the construction 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. * * * The Board indicated that the following matters would be decided upon following deliberations at the next meeting : Appl . No. 3677 - ROBERT MOHR. Appl . No . 3514 - GEORGE P. SCHADE. Appl . No . 3672 - ANTHONY GAMBINO. * * * ' CALENDAR OF HEARINGS FOR DECEMBER 10 , 1987 : On motion by Member Douglass , seconded by Chairman Goehringer, it was RESOLVED , to direct and authorize Board Clerk , Linda Kowalski , to publish the following matters to be held for public hearings on THURSDAY , DECEMBER 10 , 1987 , in the Meeting Hall , Southold Town Hall , Main Road , Southold , NY , in both the official and local newspapers of the Town , to wit : Suffolk Times , Inc . and L . I . Traveler-Watchman : 7 : 30 p.m. Appl . No . 3566 - THEODOSE TRATAROS and ERAKLIS APODIACOS , 7 : 35 p .m . Appl . No . 3694 - THERESA CZECH, 7 : 40 p .m. Appl . No. 3695 - HENRY J . SMITH & SON; 7 :45 p .m. Appl . No . 3689 - PETER AND DIANE LUHRS; 7 :50 p.m. Appl . No . 3691 - HOSNY SELIM, i APPEALS BOARD MEMBERS �'--;JFFnc- ' SCOTT L.HARRIS „r,� - �D t! Supervisor Gerard P.Goehringer,Chairman "'' K Charles Gngonis,Jr. '- '': Town Hall,53095 Main Road Serge Doyen,Jr. " !' � ,{t 1' P.O.Box 1179 James Dinizio,Jr. .4 .� , Southold,New York 11971 Robert A.Villa " � Fax(516)765-1823 Telephone(516)765-1809 te' Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. 4050: Application for RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C1, 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: Cotner 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 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, 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 re"-, � � .r , I'x'' , VCSo - 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,x 20 ft. deep located 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. All 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) parking 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. \r 4-r ro Matter of RICHARD MULLEN, JR. Decision Rendered September 26, 1991 comfort, convenience or order of the town, or be adverse to neighboring properties; (c) ,that the relief herein 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, one 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: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. * * , * lk GERARD P. GOEHRINGER, CAA • y m29 9-To N Y•S'7111 11:- oo- .., ...„ , -44, i .. , AUG 2 s 2004 N Y. S• Rte 25 ) V( Pavement dill n° D edgEe of P "P jMAIN ROA98.9r Poli--- ,, !� ufil 37 00" E (4 .. .. old 100.00' pole t I 1 0 " lOQ.00' , .. br•. •�' N 87°02'00" E ` E conc. I N 87°02'00 /log pole mon i N [\...) 13 y S.\ W �}�' .• x• NCE 66.13 a w ro °,o `� t�4 • • mr�--- 33.8 7 x `! I co ' \\4. N. :::. , .. f a l o cv „c, � _ •• ; I el N S19n ..•� a KEY MAP • ---in i � \ o ' � • . .. . . - ."• ,.. • : v, v I �� % • I: w �i rn • • - lamer 30.6' °° 0.2' c 6Q� , . • ... . 2. . • . . . . . . . . • O c , o n1 • I S. 00 X t u° , .... N v • N ati 12.1' \ -o I:.. • ` 20.2' , o c< 0• ! O O _ 20.1' \ co O �' o. i 2 .� • • m N ►0.T ►2. o ?. .T �' �+ •/ !.., 0 , • • . • ao 2 STY. t• 62 - 0� - �l • O ' v 3 _ • �. 0•S , • 4 L 2 STY. 4 • . 1 8B G. 111 - I 1000 �. - �+ 22.9' 9 ��. FR o w FR. LD �_ a v • • c �• BLDG. v 1741 sq.11. p '-J n --' m• cn Ln---21 b. o =1.9' co O J _ �.� " • 9 -: 7 Ut I I !v 948 sq.lt. o . cs: D - m CONC• 7 r 1‘).- �' ., �' 36.5' • T73 O : ' • • a, PARCEL I 0 4.0• N • MULLEN REALTY LP • • • x •: m /IC U% N a „ II2.1 , . • . O.. N c • 1000 - 62 -03 20 • . 12.3' Y . 2/�J�Fa 'Sq.fl.. p CARS (EX/STING ) • • • :. 18,27 sq.11. I, . . . . �N - m 39 h1 •• N 23.6 l'‘.2 ; _ • s PA CEL Il I1VC • o.73 0 • •_ w - • ', • ••• - '_• - I �g'042 770m002. ENTERPRISES,e . . . • : O 0 _ coN� • gSONpRY • : ' ' ' ., h O+ S3 - 62 - 03 - 22. / 40.4. -• • --� BUILDING Z0'g� w •o •�� N 9,806 sq.ll: . o• 6495sq. tt. � ,7 20.2' TY• FR' w i \ • Broin 21- b - O •• o I BOG. 3 0 - 0` _ • i •' i�•6'� N I STY- w 1310 sq•ft 11111 • • 140.0 54.1' '1� i ` w O w FR, 0 • 31.5' • , . . • • • • , • • : . : O ` IZ,r ' pLOG• w .•. . ' O S E -• Z 6. '� m W 612 sq.tt. 1 I I I.69� TtA OSEP '1 �. - Ii J BLa �' - 1` G wog O 15.39'i_____\0 Cri LOT COVERAGE (EXISTING) • •p t, T . ` o eE RE�q f Ep �18.- s OZ. N A � f T �gSs . E �� • LOT;✓# LOT AREA BUILDING SO. FT. COVERAGE • s4• f • ` 0.79 . 5'40 ZONING DISTRICT B ` 51.9' / 964A oNARY ` ` • . ` ,m n I�. 11 5 l Z.o 1t 19 17430 sq.ft. 0 sq,f1. 0% , c , �? ' M G p ` mon- 721/827/ sq.fl. 9050 sq.fl. 49.5% BLO REMOVE 1 ep,12' / (n% c3 OWNERS 1000 - 62 - 03 - 19 & 20 • 22.1 29806 sq.f/. 6397 sq.ft. 21.5% O , 1Z•9.' i �'0.2 \\ T0.1o44 sq. ft. 24.1 24595 sq.ff. - 55 sq.it. 0.2% MULLEN REALTY LP , ` . ` 2,6' �/ -?- PARCEL ,1��� - 1 P.O. BOX /408 1._-- � SOUTHOLD, N.Y. 1197/ \ /� O, �p O & P/O 22.1 44/52 /0903 sq.11. 25% at , - o \ t-r‘ AREA = 35,701 sq.ft. W , �ORTpL gE REMoyEr • \ ul �-� • \ un -o LOT ICO VERA GE (P/?OPOSED) _ • � ' l LOT# LOT AREA BUILDING SO. FT. COVERAGE OWNERS 1000 -62 - 03 - 22.1 " \ BLDG't�.tt. • o _ PARCEL I RWM ENTERPRISES 8 24.1 \ X511 q 100 oo ` /i- o 19,20 8 22.1 44/52 sq./l. 14,227 sq,li. 32.2% P,00 BOX 6/4 SOUTHOLD, N.Y. 1197/ (,• \ PARCEL II P/O 22.1 2/35.5 sq./l. 4556 sq./l, 21% AREA = 54,40/ sq,il. - • �/ o PARCEL III 24.1 24595 sq.11. 55 sq./1. 0.2% ‘. \\ \ PARCEL I /000-62-03-19,207 P/0 22.1 -� AREA- 44,152 sq.fl. �' -- Tir$010G EX L T cci. i.,W SURVEY FOR PARCEL II 1000-62-03- P/O 22.1 �j nail 01 P I.1 A •_ T �''" Z L O 7" LINE CHA `v'GE AREA = 2/,355 S�.1/. Z A s - ARKcNG e.-_ 1.a • Ili S INC• 0\ - /.- TI PARCEL III 1000-6203=24.1 m 4 111110 ".����� �� P PART RPR S�4•� MULLEN MOTORS, INC • AREA= 24,595 sq.fl. o ��1 •0 EN'( , 09 l A T SOUTHOLD - c SPACES RW5%04,59o0 - 6-5" Sqtt• �, \11\ TOWN00Y �P g1 OF SOUTHOLD REAM N : T, e MULL , 03 , 19 SUFFOLK COUNTY, N. Y. �, M ,62 SCALE.: Y'- 20' 1000 RKING ,;i ‘\\ \ June 9, 2004 PA Sq•tt. July 30, 2004 (additions) 1?,430 mon on ,, / ind fid TOTAL AREA _ 9 , 102 sq.ft. „ ,ice71, CRY F /- 518' -Z- ETwG / - 16 Q ,z5 2. 6, AUG 2 6 2004 6 Ct. ,6 6 DO • ,� 62•gl 133 topt • `tip. 3 ,� �� i 1 ,, • s • E/��,QO' �y CO te, V //70 J�►N ICS *��OF NF jy ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION . 13°40 til m /x'50, W % DpvID & c.,'‘` ii'',,T.MEtto���� OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. $ EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS �rn f� S ?3°21 NIO� 'ii� r�' ' HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF ^�r SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR c. Q + n"),."� • WHOSE SIGNATURE APPEARS HEREON. -------------- COIN !. h ' Y L/C. NO. 496/8 ADDITIONALLY TO COMPLY WITH SAID LAW TERM 'ALTERED BY ' A MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY Q �s �I��AM PE 1 •. P.C. OF ANOTHER SURVEYORS MAP. TERMS SUCH 'INSPECTED ' AND 3 N/'/F (6311 ►i AX (6311 765 - 1797 'BROUGHT - TO - DATE 'ARE NOT IN COMPLIANCE WITH THE LAW. P. O. B. = PROPOSED ADDITION U) 1230 TRAVELER STREET - - SOUTHOLD, N.Y. 1197/ -