HomeMy WebLinkAbout1000-122.-7-3.1O ~NT~RCONNECT ............. ~ RECAST _~ ~ ~ /'
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~ / , t , I LEACHING POOL- 8~ ~EATS x 30 GPD/~EAT ~eO GPD . .,,~
~ ,~ x~ ~ , ~ , .;" ,/ : j 'PUE~UANT TO ~UFFOLK COUNTY BANITAET CODE FAC L TIES O~NER'8
, ~ ~ ~, , x ,/ U S' H GH CEETIFY THAT THERE ~ILL NOT BE ANY ,:~ , ~_ /
~ 'o'" / , t O/~ff ~CREEN ~ABTE~ D BCHARGED ~ROH THE BUILDING AND ~ATE ' 4,?
x", / ~ ~ THERE ~LL ~E NO TOXIC OR HAZARDOU~ MATERIAL -/ . . ] ''~/
24'
NO WATER eNCOUNTEReD
LIGHTING
%...' ,,,,
'IN FIXTU 5CHEDULE
EQUAL, COLONI~L-~YPE,x. ~LACK FINt~H.
HOUNTED ON ~ x & x 12~O HIGH ~OOD
PO~T. CHA~FER CORNERS.~H~ELD FROH
ADJACENT PROPERTIE~
{DUPLEX AS INDICATED) /./ "
x THOSE ARTICLEe,
-(~ RECESeED SOFFIT FIXTURE x /. " ~
,, , PARKING CALCULATION: SITE
CUR /PAVING ./ ' ''
Il ~ FAST FOOD RESTAURANT- I SPACE PER {2) eEATe OR ¢1) SPACE PER
POURED CONCRETE/~SPHALT .// ~ELGIAN ~LOCK, ' ,, ~ .. ~H~CH~Ve~ ~s
~ flNSTALL · ALL INTERIOR PARKING 30 ~
(AT NY5 RT 2B- HEET ALL NY5 DOT SPECIFIC S) AEEAS BEGINNING AT PROPERTY x~ PARKING 5PACE~ EEQUI~ED-
I I/2" RADlU~ / LINES) ~ 3000 ~F G~O~ BUILDING DIVIDED ~Y ~O ~P/~PACE ' ID ~PACE~
I . ~. P.CONC. 2"NY5 TYPE BELGIAN ,~0~/-" ~ xxv/ ~ 8& ~EATS DIVIDED BY (2) SEATS/SPACE "4~ SPACES
-IA HIX ~," O ~O ~PACES ) 43 ~PACES- ~O PA~KING 5PACES A~E ~EQUlRED
I I/2' BINDER 1~~ ADE / ~,~ /x PARKING SPACES P~OVIDED-
~A ,, PARKING ~PACES P,OVIDED IINCLUDING {3)HANDICAPPED ~PACE,
COURSE TYPE 3J I I PI PAVING TO HAVE // ~ .-" IS PARKING 5PACES 5HORN A5 'LAND-BANKED' FOE EXPANSION IF
{403.13) i & ~ J . I I/4" PER POOT 5LOPE ~ // . , )~
I :--' ,} '~y- LOADING SPACE- NONE SPEClPICALLY REQUI~ED BY CODE. BUT fl) PEOVIDED
&" BASE~ I ~ ~. A~UTTING EXISTINg_ ~ ' '-~ ~o // ~U~ 5PACE- [2) bU~ ~PACE P~OVIDED tS' x 40')
TYPE I, ~~ J =J ~.~ 5HALL BE RAHPE~ COHPACTED -'
{~I~T~'~ .... A-I I I ~g~ TO ZERO HEIGHT ~A~E .
~fl I I ~ ~T~ ~T '~m.~ONC. '
&" ~Ue~A~E COUnSEl I I10' ~T LOCATIONS j ~ '
' ~¢ ............ ~
D RA[ N A G E 5 C H E D U L E: / '..~ /' , , , 'ATTITUCK, TOWN QF OUTHOLD, UF"OLK COUNTY, "EW
AREA DESCRIPTION CALCULATION VOLUHE DRAINAGE STRUCTUJ~E5 ~ I ,.~//" ~,/ '/ 'x~ SUFPOLK COUNTT TAX HAP ~: IOOO 122 1 3.1
I I ~/' ~ SURVEY= RODERICK VAN TUYL P.C. LAND SURVEYORS. ~EENPO~T, NY
.............................. ~U~VEYED DEC. ]2 IqS&, LAST REV S ON FEB.
I EAST ENTRANCE 2802 5F x .l&& 4&E CU. FT." fl) 10' DIA. x ]O' DEEP ~( '~ ~ I II :- /
ZONING~
LOCATED
IN
ZONE
2 EAST PARKING. IIJO4 5F x .l&4 le43 CU. FT (3) IO' DIA. x q' DEEP
3 5OUTH PA~KING t2~ 5F x .1~4 IO4= CU. FT (2) IO' DIA. x 8' De~' NOFI~L~PROV~ ~ ,/ ~ FRONT TARD-
~ ~EA~ YARD-
~ ~T PA~KIN~ ~ ~F x .1~ I~ C~. ~T. 12) IO' DIA. x I~' DEeP .: '- O~ ///'.
~ ~E~T ENTRANCE ~IO ~ x .l~ ~ C~. FT, fl) IO' DIA. x I~' DEEP ~ 0~L~ ~ ~ / ~ ~AX. H~I~HT- ~', ~
........ REOUlR~D LAND~CAP~ A~EA-
x / ~ ~ITE A~EA: 130~21 ~P, 12.qq AC~E~) PLANNINGBOARD,
: ~ / ~ BUILDING A~EA= 3000 5F
H.S. xx / LOT COVERAGE= ~.3~ ~.~
ALL DRAINAGE RINGS TO HAVE A TRAFPIC BEARING FLAT ~LAB AND A CAST IRON i [~a ~ : ~x~/~ ~ PAVED AREA {PARKINg): 40.4q4 5P
GRATE ~ET AT THE ~PEC/FIED ELEVATION. ADJACENT DRAINAGE 5TRUCTURE~ ~ac~li[~es P I~ ~ ~ ~ ~ ~v~ ~IDE~ALK/~LAB~/ETC.~ ~OI4 ~P (~.~) ~AE '~-' 1994
5HALL BE CONNECTED BELO~ GRADE ~l'rH 12"¢ EEI~ORCED CONCRETE PIPING. i ~o[mfl~ iSnOt ~0~;~~ : / ~ r" ' Illl
, B[LOW. ~ ~ ~ / ~ ~9~~.v~' x~ TOTAL LANDSCAPED AREA: a4J13 SR 1&4.4~.. ~UH SERVICES
SYMI DESCRIPTION
TC TOP OF CURB
BC BOTTOM OF CURB
TG TOP OF GRATE
TL TOP OF LID
FF FINleHED FLOOR
R RADlUe
EX EXISTING
IO.:2 ex. ELEVATION
+tO.O NEm ELEVATION
/"-'x EX. CONTOUR
~ NEIII CONTOUR
SITe >..
BRADFORD PEAR PYRue CALLERYANA 3' CAL. BIB I
-- - ~es ~_t, be ins
RAY BIRCH BETULA POPUL[FOLIA 8'-[0' CLUMPS: L~ity DcpL
CANADIAN HE~LOCK T~UGA CANADENSI5 ~' HIGH ,,] r,:,,ohe6ule'"100'
EASTERN RED CEDAR JUNIPERUS VIRGINIANA 4' HIGH
JUNIPER JUNIPERU5 CONFERTA ~-18" GROUND COVER
AMERICAN YE~ TAXU5 CAN~DEN~I5 15-18' J
P~NK AZALEA RHODODENDRON ~PP $-Ie'
AZALEA RHODODE~RON 5PP 1~-18'
TERH.T
FLAT5 G~OUND covee Water lines ~be inspected by the
Suffolk County Dept. of Health Services·
5PURGE
I
Call 852-2100, 24 hours in advance,
to schedule inspection(s).
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Lalham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
March 29, 1994
C~arles R. Cuddy
Attorney at Law
180 Old Country Rd.(Rte. 58)
Riverhead, NY 11901
Re:
Proposed site plan for
Burger King Restaurant
SCTM 1000-122-7-3.1
Dear Mr. Cuddy:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, March 28, 1994:
WHEREAS, Cofam Realty Co. is the owner of the property known and
designated as the site for Burger King Restaurant, located at
Main Road, Mattituck, SCTM# 1000-122-7-3.1; and
WHEREAS, a formal application for the approval of this site plan
was submitted on May 25, 1993; and
WHEREAS, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, (ArtiCle 8), Part 617,
declared itself lead agency, and issued a conditional Negative
Declaration on November 15, 1993; and
WHEREAS, all conditions in the Negative Declaration of November
15, 1993 have been met; and
WHEREAS, a Special Exception was granted by the Zoning Board of
Appeals on December 16, 1993 and confirmed for the above project
on March 30, 1993; and
Page 2
Proposed site plan for Burger King Restaurant
March 29, 1994
WHEREAS, the Planning Board had requested that a declaration of
covenants be filed, that there be no buildings or structures
forward of the front line of the building shown on the approved
site plan dated, as last revised on March 22, 1994 and no
further building, structure or other improvement may be made at
the property described in Schedule "A" without the approval of
the Town of Southold Planning Board; and
WHEREAS, the applicant has filed the requested declaration of
covenants with the County as shown on the final survey dated, as
last revised on March 22, 1994; and
WHEREAS, this site plan.was certified by Thomas Fisher, Building
Inspector, on March 28, 1994; and
WHEREAS, this site plan was reviewed and accepted by the Zoning
Board of Appeals on March 28, 1994; and
WHEREAS, all the requirements of the Site Plan Regulations of
the Town of Southold have been met; and now therefore
BE IT RESOLVED, that the Southold Town Planning Board approve
and authorize the Chairman to endorse the final survey dated
March 22, 1994, subject to a one year review from date of
building permit.
Enclosed please find a copy of the survey which was endorsed by
the Chairman.
Please contact this office if you have any further questions.
Sincerely,
Richard G./Ward
Chairman
enc.
cc:
Thomas Fisher, Building Inspector in Charge
Scott Russell, Board of Assessors
Gerard p. Goehringer, Chairman, Board of Appeals
~INTED Ib
-11669¢ 640
Number of pages ~
TO~NS
Seri~ g
Ce~iflcate g
Prior
Deed/Mo~gage ~stmment Il Deed/Mo,gage T~ Stamp Il Recording/
Filing
Stamps
4 I FEES
Page / Filing Fee }~ ~ ~ Mo~gage
Handling ~ O ~ 1. B~ic T~
TP-584 2. SONY~
Notation Sub Tot~
EA-5217 (County) Sub Tot~ ~ ~ 3. Spec./Add.
EA-5217 (State) . ~ TOT. MTG. T~
~P.T.S.~~ Dn~ Town Dual County
~eld
for
Appomionment
Comm. of Ed. 5 . 00 ~ ~
* ~ Troffer T~
Affidavit
~ ~ N O0 M~,ionT~
Ce~ified Copy The properly covered by this mo~gage
is or will be improved by a one or two
Re~ Copy Sub Tot~ ~ ~ O~. fmily dwelling only.
~ N O0 YES or NO
Other
G~D
TOT~
ff NO, s~ appropriate t~ clause on
page g of this instrument.
:~l ""~,~ Real Prooe~y T~ Se~ce Agency Verification ~?:~ Title Comply ~fomation
,; '~, '~ Dist Section Block ~t
' ~'~,,,. 1000 122.00 07.00 003.00~
~~' Comply N~e
Chec~
Charge
Charles R. Cuddy,
Payer~mea~R&R~ 180 01d Country
P0 Box 1547
OR: Riverhead, NY
~co~ & ~Tu~ TO
.... ? .... (ADDRESS)
Suffolk Coun Recording & Endorsement Page
This page forms part of the a~ached ~eclarat~on of covenants madebv:
(Deed, Mortgage, etc.)
COFAM REALTY
TOWN
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the TOWN of $0UTHOLD
In the VILLAGE
or HAMLET of .
MATTITUCK
1994,
Sunrise Highway,
"Declarant".
DBCL~R~TION OP COVEN]kNTS
This DECLARATION made and dated this 23rd day of March,
by COFAM REALTY, a partnership with an office at 4623A
Bohemia, New York, hereinafter referred to as
MT TNBS 8 ETH =
WHEREAS, the Declarant is the owner in fee of the real
property described in Schedule "A" attached hereto and made a
part hereof; and
WHEREAS, an application for site plan approval for the
property described in Schedule "A" has been filed with the
Planning Board of the Town of Southold; and
WHEREAS, the Planning Board of the Town of Southold
deems it advisable and in the best interests of the Town that
Declarant impose certain covenants upon said real property,
NOW, THEREFORE, in consideration of the grounds, the
Declarant declares that the above described real property is held
subject to the following covenants:
1. There shall be no buildings or structures
forward of the front line of the building shown on the approved
site plan dated March 26, 1993, and last revised March 22, 1994.
2. No further building, structure or other
improvement may be made at the property described in Schedule "A"
without the approval of the Town of Southold Planning Board.
These covenants shall run with the land and can be
modified only at the request of the then owner, with the approval
of a majority plus one of the Planning Board of the Town of
southold after a public hearing. Adjoining property owners shall
be entitled to notice of such public hearing, but their consent
to any such modifications shall not be required.
IN WITNESS WHEREOF, the Declarant has executed this
Declaration the day and year first above written.
COFP~ RF~LT¥
/ ]Stanle~ Cohen)
STATE OF NEW YORK
County 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) DO HEREBY CERTIFY that I
lmve compared the annexed cogy of sex
and that it is a just and true copy of such original Declaration and
of the whole thereof.
IN TESTIM~ONY~WI-IEI~EOF, I have hereunto s~h.my hand, and affixed ~e steal of said County
and Court thid C)~'~/k.~ day of ~ ~,n'k~ 1~-~ .
ACTION OF THE BOARD OF APPEALS
Upon Application No. 3970 dated November 19, 1991 made by COFAM
REALTY COMPANY for a Special Exception to the Zoning Ordinance,
for a fast-food restaurant and a drive-through restaurant window
facility. Provisions of the Zoning Code under which this
application has been made is Article X, Section 100-101B.
WHEREAS, after due notice, public hearings were held on
March 8, 1991, April 5, 1991, and Nove~lber 21, 1991, at which
time all persons, corporations, organizations and the like, 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:
SITE INFORMATION
1. The premises in question is located along the south
side of the Main Road (State Route 25) in the Hamlet of
Mattituck, Town of Southold, and is identified on the Suffolk
County Tax Maps as District 1000, Section 122, Block 7, Lot 3.1.
2. The subject premises is vacant land and consists of a
total area of 130,621 sq. ft. (2.9986 acres), with 371.37 ft.
frontage along the Main Road and 317.14 ft. along Old Main Road.
3. Architectural renditions have been furnished for
reliance by the board members in making this determination which
shows the building to be of cape-cod design. It should be noted
that the architectural renditions are also before the Town
Planning Board. Architectural reviews will also be required by
the Town Planning Board when processing the site plan
application under the site plan regulations of the zoning
code. Also in considering this application, site plan
elements, egress, ingress, accessory parking, etc. as proposed
by the applicant ~-e more particularly shown on the maps prepared
by Ra~mond F. Fellman, A.I.A. (site plan maps lastly dated
June 7, 1991; Water and Sewer Plan SP-3 dated 9-23-91; etc.).
' --Page 15- Appl. No. 3970-SE
Matter of COFAM REALTY
Decision Rendered December 16, 1991
IMPROPER PARTY STATUS
4. During the initial stage of this project, an
application was filed with the Southold Town Planning Board for
site plan approval (which has not been decided as of this date
and is pending site plan reviews) and with the Southold Town
Board of Appeals, both filed by McDonald's Corporation through
its agents and/or attorneys for the proposed:
(a) establishment of a fast-food restaurant, and
(b) establishment of a drive-thru window restaurant.
5. After the first and second hearings, the following
factors became apparent:
(a) The applicant, McDonald's Corporation, did not
appear to be a proper party to this application since McDonald's
Corporation, although claiming on the written documentation to
be a Contract Vendee, was neither a Contract Vendee or the
owner. The application therefore was not properly before the
Board of Appeals up until the date of the final hearing in
November 1991.
(b) Rather than conclude the hearing process and
continue with a defective application, the applicant and parties
involved were advised of this defect, by written notice, and
were provided with an opportunity to bring a proper party.
(c) On November 19, 1991, two days prior to the final
hearing under. Application No. 3970, CoFam Realty, the landowner,
made application to this Board as a proper party for a Special
Excepti6n for a proposed restaurant under Article X, Section
100-10lB, subsection 9 .... ,, It is believed, however, that the
original applicant intends in the future to sign a Contract of
Sale with ~r,'~ Enterprises, which corporation or partnership
ma~ be a tenant under a lengthy, conditional
vacant-property Lease made by the present landowner (CoFam
Realty) becoming effective once a.ll permits to build and occupy
were issued and complied with. (At no time, was documentation
submitted which sufficiently shows a direct interest between the
applicant McDonald's Corporation and the owner of the
property. )
6. This Board is pursuing the application process for the
applicant-owner, CoFam Realty with the owner,s intent to
establish a restaurant pursuant to those standards and
conditions for such a Special Exception set forth in the
Southold Town Zoning Code.
'- Page 16 - Appl. No. 3970-SE
Matter of COFAM REALTY
Decision Rendered December 16,
1991
RESTAURANTS BY CODE DEFINITIONS
7. A "restaurant" is defined in the SoutholdTown zoning
Code under Section 100-13 as follows:
" Any premises where food is commercially
sold for on-premises consumption to patrons
seated at tables or counters. Any facility
making use of a carhop or parking lot service
to cars or for the consumption of food to be
eaten in said cars or outdoors shall not be
considered a "restaurant" for the purpose of
this (zoning) chapter and shall be deemed to
be a "drive-in or fast-food restaurant.,,
8. Such a "restaurant', which is only for patrons seated at
tables or counters is permitted subject to site plan approval by
the Town Planning Board in the following Zone Districts:
(a) per Section 100-91A(7) - Hamlet Business
(b) per Section 100-10IA(2) - General B Business
(c) per Section 100-81A(2d) - Light Business.
9. A "fast-food restaurant" is defined in the Southold
Town Zoning Code under Section 100-13 as follows:
RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment
whose principal business is the sale of foods, frozen
desserts, or beverages to the customer in a ready to
consume state, usually served in paper, plastic or
other disposal contains, for consumption within the
restaurant building, elsewhere on the premises or for
carryout for consumption off the premises.
A fast-food restaurant or a drive-in restaurant each requires a
minimum of three acres per use (Section 100-101B9).
10. A "drive-thru or drive-up" restaurant is a use other
than a carhop or drive-in facility as defined in our zoning
code. The inside counter service, which is the norm available
for patrons to purchase foods for consumption off the premises
is not accessible, and instead motor vehicles are used for
accessibility between the building and off-premises consumption
instead of passengers leaving parked cars.
11. A minimum of three acres of land is required for each
restaurant use, regardless of whether it is a table-service
restaurant, a fast-food restaurant, or a car-hop restaurant
use. In this instance, the premises does not consist of more
than three acres and may only be permitted one restaurant use.
,. Pagel7 - Appl. NO.~70-SE
Matter of COFAM REALTY
Decision Rendered December 16,
1991
APPLICANT'S TWO PROPOSED RESTAURANT FACILITIES
12. The applicant has requested a Special Exception for
both a fast-food restaurant and a drive-thru restaurant. From
testimony during the hearings, it is evident that the fast-food
corporation intending to enter into a Contract of Sale with the
current owner is proposing not only a fast-food restaurant with
a food counter for removal to on-site tables or off-premises
consumption, but also a separate restaurant area for access from
an area other than a parking lot and solely by motor vehicles.
The applicant has also indicated that such a secondary
restaurant use will provide 40% or more of the business.
13. Such a "drive-thru restaurant', is clearly not a carhop
facility defined in our zoning code, and it is clearly in this
Board's determination a secondary restaurant use able to operate
independently and separate from a fast-food table/counter
restaurant use.
14. The area to be utilized for the "drive-thru
restaurant', is also not in an area utilized as a parking lot,
and instead utilizes that area used by all other vehicles
~ntering and exiting the subject premises, which also has an
Increase of vehicular traffic congestion within the site, which
in turn causes increased risk and danger to pedestrians entering
the building from the parking lot(s).
CODE STANDARDS FOR SPECIAL EXCEPTIONS
15. Article XXVI, Section 100-263, Sub-paragraphs A
through F of the Zoning Code provides several standards, which
standards the Board Members have considered concerning the use
of the fast-food restaurant only in this Special Exception
application.
16. Other considerations by the Board Were also given,
among other things, to sub-paragraphs A through p of Section
100-264.
17. Another area also considered at length by the Board is
the issue of the removal of solid waste and its effects upon
town facilities. The applicant has agreed to ship the solid
waste resulting from th~$ proposed fast-food restaurant and
related uses out of town and not to utilize the Southold Town
landfill during Operation of this new business. (The Town has a
court action pending at this time and consideration of the
effects of such new restaurant uses and their effects,
cumulatively or otherwise upon the town landfill, if permitted
by the State to remain open, must be further evaluated.)
Page 18- Appl. NO.~70-SE
i.~~ ~- Matter of COFAM RE~I~
· ' Decision Rendered December 16, 1991
NOW, THEREFORE, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to DENY that portion of the subject application
as it pertains to a "drive-thru or drive-up restaurant,,, since
this use is not'permitted in this zone district; and
BE IT FURTHER RESOLVED, to GRANT a Special Exception under
Article X, Section 100-101B(9), for the establish~aent of a
fast-food restaurant only as defined and described in paragraph
#9, supra, and SUBJECT TO THE FOLLOWING CONDITIONS:
1. An emergency exit must be made available off of Old
Main Road for fire and emergency purposes;
2. Sufficient on-site parking areas must be made available
for numerous transient buses as recommended by the Southold Town
Planning Board;
3. No directional, advertising or other off-premises signs
shall be permitted.
4. No other separate business or restaurant use shall be
permitted other than a fast-food restaurant use.
5. This Special Exception approval is limited to that
applied for and shown for copsideration as Der the plans
and drawings submitted to this Board, and any change in the
footprint of the building requires re-application for
re,consideration, after proper notice and public hearing. A~
original final site plan print shall be furnished to the Board
of Appeals for review prior to PB* Chairman,s signing of the
final maps for updating purposes, acquiescence, and permanent
record-keeping purposes (without the need for further hearing,
etc. for such review).
VOTE OF THE BOARD: AYES: Messrs. Goehringer, Dinizio and
Doyen. NAYES: Members Villa and Grigonis. (Members Villa and
Grigonis felt the application should be denied in its entirety
for several reasons: out of character with the area, there is a
better profitable use to which this property may be used,
excessive burdens on governmental facilities, etc.).
This resolution was duly adopted with a 3-to-2 margin.
/
*Planning Board
t"t5
EDWARD U. PETROU, P.E.
REGIONAL DIRECTOR
June 10, 1996
STATE Of NEW YORK
DEPARTMENT Of TRANSPORTATION
STATE OFFICE BUILDING
250 VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, N.Y. 11788-5518
'JOHN B. DALY
COMMISSIONER
Mr. Anthony M. Liedtke
Hunt-Liedtke Management Company, Inc.
10 Rabro Drive
Hauppauge, NY 11788
Dear Mr. Liedtke:
Our Case NO. 96-136
Modifications To Existine Curb Cut
State Route 25. Mattituck
This is in reference to the site plans for the above noted project which were submitted to this
office for review.
Upon review of your proposal, we find that the proposed work is acceptable. We will require the
submittal of revised plans showing the removal of the existing drop curb and apron and the
installation of an intersection type entrance. The width of the driveway shall remain the same.
The concrete radii shall be installed using a 15'-0" radius. The installation of handicap ramps on
either side of the driveway will be required. Details for the ramp must be included on the revised
plans. The asphalt in the entrance area of the new curb cut will be traffic bearing asphalt (see
enclosed detail).
The permit fee for this project will be in the amount of $200.00 (check payable to the State of
New York). The insurance requirements require that the enclosed Certificate of Insurance (Perm
17) be completed and returned. Bonding for this project will be in the amount of $5,000.00
(sample bond form enclosed). Upon submittal of the above items, a Highway Work Permit will
be processed. All submittals shall he referenced to the above noted case number. Any
questions concerning this matter may be directed to this office at 952-6025.
Very truly yours,
VITO F. LENA
Regional Permit Engineer
cc: ~r. Bob Kassner
VFL:BT
bad s~-;i~d thor the si~ lay id~ f~r
some 10 n~rd~ until March of 1995. in
Ibc meantime, the Somboid Town
Board passed n law forbidding
"h'mnln-fo~d rcmmbms' in ~e fen-
eral ~ z~ne.
we Peffioned ova, tim the town has
n°~ enf~:ed its own hws." Mr. W~ht
See Mf~'8, page 24
~mflOmO Irm Iown perm~ nivefl for ~t,;F,.~.~=7.~,_ ~ ~,_~.u~.?~eo ~taw~uit
Lind(] L. Fletcher
P.O.Box 79
New Suffolk, New York 11956
August 22, 1995
Chairman Richard Ward
Members and Staff of the Southold Town Planning Board
P.O.Box 1179, 53095 Main Road
Southold, New York 11971
Dear Chairman Ward, Members and Staff of the Southold Town
Planning Board:
Now that my "pet project" is a reality, much to my dismay, I would
like to give credit where credit is due--- TO YOU AND YOUR BOARD!
Too often in the past two weeks I have been hearing that the
building up on that lot is so pretty and how great it looks and that it
not only isn't so bad, but it's really nice, And so who is taking the
credit for this? Like we don't all know! (And, to think that as
recently as two months ago "they" were stating publicly that this
site plan was something they inherited; what short memories "they"
have!)
And, so privately I would like to thank each and every one of you
for all the work, time and good thinking that you put into this
project. Although I almost never drive past it, I am sure that it does
,indeed, look as good as I'm hearing. I wish that the public knew
the true story, as I do. My hope remains that in the not-too-distant
future the use of this building will change to something that really
befits "your"splendid site plan.
Most sincerely,
Linda Fletcher
Pnoto by Judy Ahrens
P&CKED HOUS£--!,', S [Deer iike this inside the Mattituck McDonald's pretty much since the doors opened on Fri-
day.
Mac's Finally Opens for Business
By Jeff Miller
MATTITUCK--Remember the old
"X Million Served" signs on McDon-
ald's l~cades throughout the nation7 No
such garishness is to be seen (~n the
newest McDonald's franchise, right
here on the Main Road. But if there
were such a sign, devoted strictly to
sales here, it would read "6,378 Served"
-- after just 3 1/2 days in business
That's how many burgers thc Matti
tuck McDonald's ~rv,.xl up from its nl-
ficial opening at 11:~5 am Friday
through the end of Monday ttald
numbers: 4,793 hamburgers and
cheeseburgers, 1,585 Big Macs.t The
franchise aim dished up 2,6114 p<)unds
of french fries, 9,312 chicken nuggets
and 11,076 Happy Meals.
The numbers were reported by Tony
Liedtke, one of the owners of the Matti-
tuck franchise. He said the response has
been "very, very encouraging," al-
though hc didn't have stats to compare
it to the openings of thc other 13 Mc-
Donaild's franchises staged by his com-
pany, Hunt-Liedtke Management of
Hauppauge, el~whem on Long Island.
Irouically, Mr. Liedtke said opposi-
tion, which ran high throughout the
five-year effort to get McMattituck
built, helped to create a successlul open-
ing. 'Awareness was very high," he
said. "Whether or not coverage was pro
or con, it was coverage. People came 'all
the way from Elmont. They'd read
about it in the paper."
Has Hunt-Liedtke ever encountered
opposition like this? "Oh, no, not at all,"
he said. "Usually our reputation pre-
cedes us, and we're welcomed. We
bring a lot of good things, at least in the
opinion of some."
That opinion was clearly shared by
the crowds that lined up for the grand
opening on Friday. Actually, the open-
ing was supposed to be a day earlier, but
it was held up by a tardy water analysis
from the county health department. The
document arrived at the Southold Build-
ing Department Friday morning, Mc-
Mattituck got its certificate of occu-
pancy at 11:30 a.m., and the restaurant
opened its doors 15 minutes later.
The Floodgates Open
People were lined up for the historic
moment. Moments later, the crew, in-
cluding Mr. Liedtke, went into high
gear to fill their orders. "It was all hands
on deck," he said. Soon the place was
overflowing, and diners began picinck-
ing on the newly planted grounds.
After a few days at a similar pace,
Mr. Liedtke said he'd heard "not one
negative comment. People go out of
their way to come up and say they're
happy we're here, and what a nice job
we've done with the building and land-
'We bring a lot of good
things, at least in the
opinion of some.'
--Tony Liedtkel Mattituck
McDonald's co-owner
scaping." The company is especially
proud of the Cape Cod-style building,
which is unique for Hunt-Liedtke. Most
of the company's other locations are in
shopping centers. One dining couple
said they were halfway in the oppo-
nents' camp until they saw the building,
and became fans, said Mr. Liedtke.
But it's not all rosebuds. The North
Fork Environmental Council suit to stop
the fast-food use of the property contin-
ues. In Saturday's Newsday, in a page 4
story about the opening, Southold Su-
pervisor Tom Wickham is quoted as
saying that it's time to put the five years
of wrangling b~hind us, but: "My think-
ing remains that it is an unfortunate 1o-
cation for a fast-feed restaurant. I do not
want Roate 25 to become another Route
58 in Riverhead."
That story also has Long Island Re-
gional Planning Board executive direc
tot Lee Koppelman saying:
"McDonald's in Mattitock symbolizes
their loss of innocence. The very kind of
development that typifies the west end
of Long Island, which in their mind they
have been trying to avoid, has come
home to roost right in their midst."
During the increasingly heated de-
bates over the fast-food issue, Mr.
Liedtke suggested that some of the
wrath would be defused once the place
opened. "We'll be good neighbors," he
said. The company is nurking a con-
seioas effort to back up that remark. Mr.
Liedike has noted that all local contrac-
tors were hired in the construction and
landscaping. A total of 65 employees
have been hired, most of them teens, but
about 15 percent over 21, and some se-
niors. The workers come from all over
the North Fork, but most from Matti-
tack, Cutchogue and Laurel, he said.
Although the restaurant's mailing
address is Mattituck, it's in the Laurel
Common School District, and Hunt-
Liedt.ke has made a special effort to
make friends there. Actually, the school
district made the first overture, sending
a letter of support. Mr. Liedtke and the
company's marketing manager, Luciana
Ferranti, responded by visiting the
school in March for a tour. "We were
very touched," said Ms. Ferranti.
"They've been terrific." In return, the
company is donating 30 cents of every
exWa value meal sold between Aug. 21
and 27 to Laurel School. On thc 26th
and 27th, the company is renting a cot-
ton candy machine and donating all
proceeds from cotton candy sales (50
See McDonald's, page 45
McDonald's Opens-..
Continued from page 2
cents each) to Laurel. Plus balloon sales
at 25 cents a pep.
The money will be used to bolster
physical education at Laurel School.
"We don't have a gym," said school su-
perintendent Phyllis Hensley on Tues-
day. "We're thinking of traveling to fa-
cilities, like bowling o~ other schools for
basketball, where the kids can do things
they can't do in the classroom." Said
Ms. Hensley, "McDonald's has a lot of
suppert at Laurel."
Checking In With Competitors
Has all thc McDonald's attention hurt
other Mattituck eateries? Smprisingly,
the two dells closest say, not so far. Of-
ficial word from nearby Skip's Deli,
which happens to specialize in some-
thing called Burger Heaven, is that a
slight slack-off in the flu'st couple of
days has passed, and business since then
has been strong. At nearby North Fork
Deli, manager Lewis Balazy said:
"There's been nothin8 super-noticeable.
People know, ff you want a nice hero or
a roast beef sandwich, you come here. If
you want McDonald's, you go there.
But you can only eat so much McDon-
ald's.'
Inside McDonald's itself, enthusiasm
is cooking. Joe Talento, who superv/ses
Hun~-Lied~kc franchises in Mattituck,
Deer Park, Southampton and two in
Riverhead, said Matfituck did about 90
percent of the business recorded at the
opening of a Lindenhurst McDonald's
in March. "And the population there
[Babylon Town] is about 200,000,"
compared to Southold's 20,000, he said.
"We're real happy with it. We knew it
was a good time of year to open."
Anthony Leone Jr. of Mattituck went
to work at a Riverhead McDonald's at
age 16, and now, at 20, he's come to
McMattituck with a promotion to swing
manager. "I live five minutes away," he
said. When he's off duty, he's taking
classes at Suffolk Community College.
On Tuesday, he said: "The response has
been overwhelming. We've gotten a lot
of compliments. One person wld me it
looks like a country club."
Even more convenient is the com-
mute of Corey Fliss, who lives right
next door. The 16-year-old Matfituck
High School student works grill and
P~I~, getting in 30-plus hours a week. "I
love it," he said on Tuesday. His last
summer job was painting and yard
work, but it was lonely, solitary work.
"Here I'm working with people, mllring
to people -- I really enjoy it. I gave up
$10 an hour for $5; that's bow impor-
tant it is to me.'
And you can't beat that commute.
Before his 2 p.m. shift began, he said, "!
was visiting my girlfriend at thc A&P at
1:45, came home, got dressed and got to
work with four minutes to spare."
Mac's
Makes
Debut
After 5 years
on the grill,
McMattituck
opens today
By Tim Kelly
MATTITUCK--There wasn't a
chicken McNugget in sight, and not as
much as a single french fry, as close to
100 of the new Mattituck McDonald's
employees, their families, management
and supporters nibbled on quiche and
fried shrimp at the restaurant Sunday
afternoon during a private pre-opening
reception.
The fare will revert to the more famil-
iar Big Macs and shakes when the long-
contested fast food restaurant upcns its
doors to the public, a business milestone
the owners hope will take place today
The restaurant's opening, long
awaited by supporters and long dreaded
by the North Fork Environmental Coan-
'Now we have a special
McDonald's for a
special town.'
~nthony Liedtke, no-owner,
Mattituck McDonald's
cil and other opponents, comes exacdy
five years after McDonald's first an-
noanced plans to build its fa-st franchise
in Southold Town.
The company's application sparked
what became known as the fast food
wars, and a continuing series of
protests, angry Town Hail meetings, and
eventually the passage of a "formula
foods" addition to the town code mak-
ing it far more difficult for one of the
fast-food company's competitors to be-
See Mac's, page 38
· 'The Suffblk Tim~s`' A~}u{t 10, "1995
~.'The Sb'ffolk TimeS. Adgust 1
Mac's...
Continued from page 1
come Southold's second such business.
No town officials were among the
guests at Sunday's reception.
McDonald's initially dropped its
plans for Mattituck after the town re-
fused its request for permission to open
a drive-through window, and Burger
King jumped in. But that company
pulled out earlier this year, and after re-
considering the need for a side service
window, McDonald's jumped back in.
As construction progressed, the
NFEC filed suit in June against
Southold Town for refusing to take
steps to pull its building permits. That
case is pending. Meanwhile, the build-
ing went up, plantings went in, and
McDonald's still hopes to win over its
critics. More than a few Southolders
feel that the building and grounds are
ara-active enough to still opponents.
He's Raring to Go
"I'm going under the opinion that at
this point we've received all the permits
to open a restaurant," said Anthony
Liedtke, a partner in Hunt-Lied~ke
Management of Hauppange, the restan-
rant's owners and operators. "We don't
know what people could object to. We
made the building as nice as we could.
We put in more landscaping than the
town required and we hired local con-
~actors. Now we have a special Mc-
Donald's for a special town."
The North Fork Environmental Coun-
cil maintains that the restaurant is
opening at thc owners' peril, and says
the serving of hamburg.s does not sig-
nal the end of that organization's fight.
QRIDDLE QD¥~ Pending any last-minule snags, the Ma~ituck McDonald's will open today (Thursdw/). The
burgermeisters in charge of the business are, from left, manager Gary A. Farrell, company assistant vice president
Joseph Talento, and co-owner Anthony Liedtke.
The council has not opposed the build-
lng itself, but its fast-food use.
With the grand opening approaching,
the company was working earlier this
week to satisfy the town's building and
planning departments' last-minute con-
ceres. The owners say they've spent
some $50,000 on landscaping, including
paying $2,000 for a single Japanese lace
leaf tree. But still, the Planning Board
has required die planting of txees and
shrubs at the rear of the site, and those
weren't installed until Tuesday.
The shrubs were a relatively minor is-
sue, said Robert Kasaner, town site plan
reviewer, but of far greater concern is
the property's lighting. Although town
officials say the post-mounted coach
lamps are very atlxective, they don't
comply with the town lighting code's
requirement that all such fixtures carry
shielding to prevent the soarce of illu-
mination from being visible beyond the
property line.
Mr. Liedlke said opaque lenses were
placed on the lights on Monday.
Before it could open, the restaurant
also needed to obtain Suffolk County
Health Department approval, an under-
writer's endorsement of its electrical
system, and a certificate of occupancy
from the town.
A partner in a company operating 14
'Once we get It open
and operating, I think
people will be happy.'
--Anthony Liedtke
McDonald's franchises, including the
restaurant on Route 58 in Riverhead,
Mr. Liedtke believes the opponents of
the Mattituck business are not represen-
tative of the community at large.
"We've gotten a lot of letters of sup-
port from people calling themselves 'the
silent majority,' and I'd like to feel
that's the case," said Mr. Liedtke, a Port
Jefferson resident.
He disputes the argument that thc
McDonald's will draw customers away
from other area food service businesses.
calling that a "smokescreen."
'People Will Be Happy'
"If this were a dry clean~, would that
be an advantage to the town?" he said.
"Would a dry cleaner spend $50,0~0 on
landscaping? Would a dry cleaner have
built with clapboard? I don't think so."
He said he hopes the controversy will
subside once the restaurant opens and
begins serving food. "Once we get il
open and operating, I think people will
be happy," Mr. Liedtke said.
One of the happy people will be
Frank Carlin of Laurel, who's become
the company's most vocal supporter, He
was among those attending Sunday's
pre-opening celebration.
"Aug. 10 will be a date to remember
in history," Mr. Carlin said. "Why? be-
cause Southold will be taking a step
forward rather than two steps backward.
Truth, common sense and good reason-
ing prevailed here."
McDonald's Fire Doused
Oven fan flames cause
a nervous Wednesday
MATTITUCK--When Mnttitock
McDonald's co-owner Anthony
Liedike received a phone call from a
Suffolk Times reporter about an early
morning Wednesday fire at the
restaurant, he wondered if his latest
franchise would be closed down
before it even opened.
But he quickly discovered his
mstaarant suffered no damage after a
plastic shroud that covers an oven fan
started a small fac. Water that keeps
the oven cool had not been placed in
the oven, Mr. Liedlke said. Employ-
cas quickly extinguished the blaze,
which the owner said didn't damage
the oven. The fast-food restaurant is
scheduled to opea this morning.
"The manager was being overly
cautious in calling the fire depart-
ment, rather than underly cautious,"
Mr. Liedtke said. "It's been such a
high profile thing in town. No one
wants to be the one who makes a
mistake."
There were no injuries in the inci-
dent and no damage was done to the
building or other equipment. Accord-
ing to Mr. Liedtke, a Southold build-
ing department inspector cleared the
oven for use Wednesday morning.
Mr. Liedtke admitted he worried at
first that the fire might have been
deliberately set by someone who
opposes bringing the franchise to
town. "Of the people that have
stopped by, 100-1 are in favor of it,"
he ",id. "But you don't know what
ct happen."
PLANNING BOARD MEMBERS
RICHARD G. WARD
Chairman
GEORGE RITCHIE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
TO: Thomas Fisher, Senior Building Inspector
FROM: Richard G. Ward, Chairman ~j/l~
RE: Proposed Site Plan for McOonalds
Main Road, Mattituck
SCTM# 1000-122-7-3.1
DATE: August 9, 1995
In Charge
The Planning Board recommends that a Certificate of Occupancy be
issued for th'e above referenced project. All conditions of the
Site Plan approval have been met.
PLANNING BOARD MEMBERS
Richard G. Ward , Chairman
George Ritchie Lmbam. Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Telephone (5161 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTtlOLD
Town Ilall. 53095 Main Road
PO. Box 1179
Soulhotd. New York 11971
Fax¢516) 765- 3136
FAX COVER SHEET
IWe are tra,qsmitting from: FAX ,-¢ 765-31.36
To: 17J c n' P w ,e p
Subject:
Fax #: I
Total number o; pagss including cover letter:
Pleas9 call us at (516} 765-1938
you did not receive all pages
if
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I,'/ 6~~/ T/./~K ,,¢~£££ To:
-- 9L//,q r Te-o ,,,Opz~/T/o/,/gz T/~gg ///?~qo,,y 1-
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-,~-,-"~.~..'.g.~g,~k.X-'.....lF..oK.?i $ o~z t..u7 I~ .,..~ ~%:....~ o ~ . . -~ ~. .
~IANK t~ ill
oaN ~LCENsI~
~'e~lnc~lv~ Lm~'~dacape ~ancep~
Augult $, 19~8
Town of 3outhold
8outhold Planning Board
Alan: Dick Ward, Chairman
Main 8trait
$outhold, NY 11971
RE: Landscape PrOjeci at
McOonald'a
Rt 2~
Mattltuck, NY
As per your requaat we will plant 2 additional -,treat treaa In the canter
portion (along Route 25}. Due to the unavailability of the material we will dig arid
plant 2 matching Pin Oaks by November 16, 1~91~" Thank you.
[5'18] 7~5.1220 * Pcute 25, Paconic, L.t., N.Y. t1~58 · FAX (518} 765.O315
C~N W1EC~
Oiecinc~/w I ei'~d~cepe C, ancap~
Augmlt ~, lgg8
Town of
Southotd Planning
Attn: Dick Ward, Chain*nan
Main $treet
Southold, NY 11571
Landscape Project at
McOonald'l
Maltltuck, NY
Aa per your request w~ will plant 2 additional street treea In tile canter
portion (along Route 25). Due to the Unavailability of the material we will dig and
piant 2 matching Pin Oaks by November 16, 1591~" Thank you.
N.Y. t la_~E · ~A,X (5t5] 765.OO15
DI~N Wll. C~i~ItKI
=',AGE *-~ 2
Die~lnc"rJve Le~'tdecape Concepts
August I, 1996
Town of 8outhold
8outhold Planning Board
Attn: Dick Ward, Chalmlan
Main 8treat
$outhold, NY 11971
RE: Landscape Project at
McDonald's
Rt ~
M~ttltuck, NY
As per your request we will plant 2 additional street trees In the canter
portion (along Route 25). Due to the unavailability of the material we will dig ar)d
plant 2 matching Pin Oaks by November 1~, 1996. Thank you.
Tony Liedtke
Bob Kasanar
Sincerely,
Donald J. Wllcanlkl
Vice President
Brlarcliff L.~ndscape
AU6 8 1995
PLANNING BOARD
{51§)76§-1220 * Route25. Pacanic, L.t.,N.y. 11958 · FAX(515) 765.QO15
468 North Highway, Southampton, 11988
g S T I N k T K
ESTIMATE FOR;
Specifications{
HUNT ENTERPRISBS~ INC.
20 RABRO DRIVE
HAUPPAUGE) NEW YORK 21TBS
ATTN: ANTHONY LIED?KE
MoDonalds MattituOk
t - 6;///;~ i ~//~Sandblaltod double sided
ground eisa with 22 Karat gold lair logo end
pinstripe.
Also I shad ~oo£ with 2 lights (1 per side)
to bo mounted instdm the shmd roof hidden
from veiw to shine down onto the isis.
Tho baohiroufld will bo / ~,~"x ~)~ oloar
rodw0od p&floXo smfldblostod between 1/4 to
1/~" In depth to 8lye the loWo And iflmtrlpo s
raised look.
Tho background will be given 2 neats of
so&lot and ~ no&t. of OVT stain.
.00 Installed plus tax and permit.
Kstimmted Time of Completion;
14 to 21 workln~
of deposit.
from date
~OUTHOLD TOWN
PLANNING BOARD
COLLUM SI(IN8 INC,
488 North Highway, Southampton, i1968
T i U A T E
JUNE 21, iOo$
McDONALDS,
tO RABRO DRIVE
HAUPPAUGK, NEW YORK tiT98
ATTN: ANTHONY LIEDTKE
SPECIFICA?IONS:
COLOR$~
For the ekotohes where the beeksfeuncl is all
brown.
The brown fepPoeeflte tho natural fod~food
oolor when given two seats of lO&lOP. The
poet would be astir&! cedar also given two
coats of sealer, The ~ellow represents 22
Karat gold loaf.
The black lines throughout the baokground
represents the offeot sandblasting does to
the boeker0und,
SPK¢IFICA?IONS;
COLORg:
For tho aketohos that have rod in them:
The brown represents tho natural meier of
redwood wh®n blasted and given two sc.ets of
sealer. The rod repreeente tbs oolor
burgafldy. Tho ~ellow repreeente 22 Karat gold
leaf.
The post will bo nature1 cedar with 2 es&ts
of sealer.
The black lines represent tho effect of the
eandblaeting.
The shed roof wllX bo done with ~od&r
shingles and they.will be loft natural.
I.D. Module
Arch Module
3'-4~"
102.9 cm.
1
129.5 cm. '
McDonalcrs
640.1 cm.
Disconnect switch Imrovided and pre-wired
for ease of installation.
Aluminum extrusion construction.
2' pole Standard; special height poles
available upon request.
U.L. approved.
1 '-3"
38.1 cm.
f
61.0 cm.
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Rilchie Latham. Jr.
Bennel~ Orlowski. Jr.
Mark S. McDonald
Kenneth L Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town tlall. ,53095 Main Road
P.O. Box 1179
Soulhold. New York 11971
Fax 1516) 765- 3136
FAX COVER SHEET
We are transmiUing from: FAX ¢ 765-3136
To:
From:
Subject:
Fax #:
70/~- o016-
Please call us at ~516) 765-1938
you did not receive all pages
if
/ /
/
S~bmisston Without a Co~er Letter
Sender:
Subject:
Date:
SCTM#: 1000- I,~.~.- '/-3, J
Submission Wttho#t a Co.er Letter
Sender:
Subject:
SCTM#: 1000. l~Z- "/-5. I
Comments:
Wall Logo
Formed poiycarbonate for strength.
Single faced wall mount.
Designed for mounting on brick wall.
Non-illuminated.
Mounting studs and adhesive bond included,
Mar and vandal resistant materials.
Pigmented face materials for color control.
Template included.
Replacement copy panel
available as retrofit to
older style Iogos.
Mall and Alternate Store Front Sign
Formed prismatic letters and arches.
Pigmented polycarbonate face materials.
Drums of sheet aluminum,
Remote transformers.
individual mounting brackets.
I// 1/ !01.7FM I
44210 COUNTY ROAD 48, SOUTHOLD, NY 11971
(516)765-1017
June zg~ 1995
Mr. Thomas Wick_ham
Supervisor
Town of Southold
P.O. Box 1179, 53095 Main g~td
Southold, NY 11971
Dear Tom:
For your information, the enclosed editorial was broadcast yesterday. Nine
Southold Town residents voluntarily called to express their agreement. A
gentleman from Mattituck said "It's about time somebody spoke up", and a
woman from Orient said that it's the only editorial weYe ever broadcast
that she agreed with. Mr. Ed Dart from Southold said that it was "practical
and sensible" and asked that we send him a copy.
There were no dissenting calls and at this time, no one from an opposing
group, e.g. NFEC, has requested time for rebuttal. This is a surprise, because
our editorials generally attract callers from both sides of the issue.
Sincerely,
Jo~Sullivan, Jr.
President/General Manager
jjS:jh
Richard Ward, Planning Board
Gerard Goehringer, Zoning Board of Appeals
~UTHOI.D TOWN
PLANNING BOARD
EDITORIAL
EDITORIAL ~ McDonald's 6/95
"Following is an Editorial from WBAZ General Manager, Joseph J. Sullivan, Jr."
Sixteen months ago, WBAZ editorialized that fast food restaurants had a place in Southold
Town. Nothing has occurred since then to change our opinion.
Some claim that a McDonald's in Mattituck will: increase traffic on Route 25;
increase trash on our roadways, and forever change the character of Southold Town.
Moreover, they say, allowing McDonald's to have a drive-thru window will exacerbate the
situation. WBAZ disagrees.
First, McDonald's will not increase traffic on Route 25. Where will the people come from7
Riverhe_~_d7 Riverhead has a fast food strip on Route 58. This is a matter of economics.
McDonald's doesn't increase traffic. They follow traffic. The people come first. Then
McDonald's follows - but only after their marketing research shows that an area can support a
restaurant.
Second. McDonald's will cause trash to increase on our roads. One letter to the editor of a
local paper asked "Will they pick it up too?" NoI McDonald's won't pick up the trashl Just as
the 7~11's, the p'mza parlors, the delia, and the marts at the gas stations don't pick up after the
small number of slobs who litter our beaches and roadways. The opposition is off the mark
with this argument, because they underestimate the 98% of Southold Town residents, who
take pride in their community and who wouldn't think of tossing garbage out their car
windows.
Third, a McDonald's with a drive-thru window in Mattituck will not be the end of Southold
civilization, as we know it. No one wants to see Route 25 become a fast food freeway as Route
58 in Riverhead ia. However, Southold Town is big enough and long enough to accommodate
a handful of fast food restaurants, tastefully constructed to blend in with the architecture and
general ambiance of the Town, and each separated by 3-4 miles, thus avoiding the fast food
congestion common to the west.
WBAZ believes that a creative and courageous planning board will know how to
accommodate these additions intelligently, without sacrificing the unique beauty and
character of Southold Town.
"the preceeding has been a WBAZ Editorial. WBAZ will provide equal time to responsible
individuals with opposing points of view."
minutes - aired 6/28/95 ~ 6:10/7:10/8:10/11:SSam/4:SB/S:SBpm.
44210 COUNTY ROAD 48, SOUTHOLD, NY 11971 (516)765-1017
Memo~ndum from ....
BUILDING INSPECTORS OFFICE
TOWN OF SOUTHOLD
TOWN HALL, SOUTHOLD, N. Y. 11971
765-1802
NORTH FORK E:NVlRONM 'NTAL COUNCIL
Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880
June 15, 1995
Chairman Richard Ward
Members of the Southold Town Planning Board
Southold Town Hall
P.O.Box 1179, 53095 Main Road
Southold, NY 11971
Dear Chairman Ward and Members of the Planning Board:
On Tuesday, June 13, 1995 I came to the Planning Board accompanied
by Joseph Fischetti, a professional engineer and developer well
known to you. We came tO review the most recently submitted plans
of COFAM/(now). McDONALD CORP. which were received in your office on
June 8, 1995.
During our review I was greatly distressed and dismayed to see that
the McDONALD CORPORATION is presently p~eparing to build and operate
a drive-through in the Town of Southold although the conditions of
the SpeCial Exception Permit # 3970 granted on 12/16/91 specifically
denied this use and present Southold Town Code Regulation, Local
Law # 9, 1994, Seotion 100-91(B) (f) (11)c expressly prohibits take-
oqt and formula food restaurants from having drive-through windows.
See attached Exhibits I and 2, highlighted areas.
Listed below are 'the Titles and Pages on the complete set of
building plan~ referred to above where references to the drive-
through windows are found:
KITCHEN LAYouT K-1
See two (2), not one, but TWO future
drive-throughs planned for
POWER LAYOUT , E-3
' E-5
E-8
Empty conduits are being installed for
wiring of interconnections between the
two windows and sensor to signal that
a car is approaching
Video monitor at site of drive-
throughs
See future menu board location
M-2
Ceiling mounted heaters are being'
installed now in drive-through areas
a/'~on-proflt organization for the preservation of land, sea, air and quality of life
printed on 100% recvcled paper
The NFEC urges that the Southold Town Planning Board request the
appropriate authority to issue a stop work order immediately until
the following actions have been performed by COFAM/McDONALD
CORPORATION:
1. remove the above cited pages, and
2. replace them with pages containing no references to
anticipated drive-through windows, and
3. refrain from installing electrical and heating
equipment that would accommodate this prohibited use.
Pursuant to the terms of the site plan approval granted to COFAM
REALTY CO. by your board on March 28, 1994, the authority to direct
the above actions can be found in the highlighted section of the
resolution attached to this letter as Exhibit 3; specifically,
no other improvement may be made at the property
described in Schedule "A" without the approval of
this Town of Southold Planning Board."
References to drive-through windows are certainly an "improvement"
to the COFAM/McDONALD CORPORATION.
In addition, the site plan presently being used by COFAM/McDONALD
CORPORATION is not the "revised site plan of March 22, 1994" that
your board approved. See highlighted section Exhibit 3.
Sincerely,
Linda Fletcher
Project Co-ordinator
David M. Goldman
President
Enclosures
CC:
Supervisor Thomas Wickham
Members of the Southold Town Board
Troy Gustavson, Co-Publisher/Executive Editor of
The Suffolk Times
Christopher Kelley, Attorney-at-Law, Twomey, Latham,
Shea & Kelley
June 22, 1995
McDonald's Corporation
70 E. Sunrise Highway
Suite 619
Valley Stream, New York 11581
516/872-0202
Hon. Richard Ward, Chairman
Town of Southold Planning Board
Southold Town Hall
P.O. Box 1179, 53095 Main Road
South_hold, New York 11971
Cofam Realty/McDonald's Corporation
Route 25 Main Road
Hon. Chairman and Members of the Board:
This letter is written in response to the letter of the North Fork Environmental
Council, dated June 15, 1995, with respect to the above-referenced matter. I also
enclose record plans of the proposed McDonald's Restaurant located at Route 25
Main Read, which are the same plans which were submitted to the Town of
Southold Building Department and upon which building permits were issued for the
subject use.
The enclosed plans do not contain the notations which have seemingly offended the
North Fork Environmental Council. The plans which were erroneously delivered to
the Planning Board office are internal working documents of McDonald's
Corporation.
It is no secret that McDonald's desired, at the time of the submission of its
application several years ago, to construct a drive-through in conjunction with the
construction of the McDonald's Restaurant. In fact, the same was a part of the
application which was submitted to the Zoning Board of Appeals. That Board
denied so much of the application as related to the drive-through and McDonald's
has abided by and will continue to abide by the Zoning Board's decision. The plans
which were erroneously delivered to the Planning Board office were drafted to the
internal use of McDonald's if and when McDonald's decides to reapply to the
relevant Boards of the Town for approval of a drive-through. McDonald's has no
present plans to make such application.
It is our understanding that the construction presently proceeding on the site
conforms in all respects with the plans which were submitted pursuant to the
approvals of the Zoning Board of Appeals and Planning Board of the Town and
which plans were approved by the Building Department of the Town. I can
unconditionally state, as a representative of McDonald's, that McDonald's
Hon. Richard Ward
June 22, 1995
page 2
Corporation is not "presently preparing to build and operate a drive-through in the
Town of Southold, "as scurrilously alleged by the North Fork Environmental
Council.
In closing, I must express my dismay at the manner in which the North Fork
Environmental Council has pursued this matter. A simple visit to the Building
Department's Office and a review of the plans therein, in conjunction with a review
of the ongoing construction, would have addressed the concerns expressed in the
Council's June 15, 1995 letter. Instead, with no further review whatsoever or
discussions with Building Department personnel, the North Fork Environmental
Council, for what appears to be reasons solely related to publicity and in another
attempt to delay the legal construction of the McDonald's Restaurant, chose an
avenue not deserving of credibility.
I wish to express my apologies to the Planning Board for any inconvenience the
erroneous submission of plans may have caused and request that I be contacted in
the event that my concerns remain with regard to this matter. McDonald's takes
pride in being a good corporate neighbor, a part of which consists of compliance with
all of the laws, rules and regulations applicable to its operations.
Very truly yours,
Paul Facella
Vice President/Regional Manager
New York Region
CCi
Hon. Thomas Wickham, Supervisor
Members of the Southold Town Board
Troy Gustavson, Co-Publisher/Executive Editor
of The Suffolk Times
Sandy Ruroede, Traveler Watchman
Snbm~9~ ~/~thout a Cover Letter
Sender:
Subject:
SCTM#:
Comments:
Hc ~n~l~,s
June 19~ 1995
Supervisor Wickham
Members of Town Board
Planning Board
Building Department
Zoning Board of Appeals
Dear Southold Town Government:
McDonald's building plans are reported to include
the support systems necessary for a future drive-in
window. This is a clear threat to subvert TOWA
law. Coupled with McDonald's threat to ~se its big
money power to sue Southold Town, it is an arrogant
insult to us all.
Bullies are not good neighbors. Appeasement never
worked. Government by fear of lawsuit is not
government at all, DO NOT allow building to continue
on plane which provide for a drive-in window.
Sincerely,
~Robbins~
P. O. Box 147
~ew Suffotk~ NY 11956
734-6047
NORTH FORK E:N¥1RONklE:NTAL 'COUNCIL
Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880
June 15, 1995
Chairman Richard Ward
Members of the Southold Town Planning Board
Southold Town Hall
P.O.Box 1179, 53095 Main Road
Southold, NY 11971
Dear Chairman Ward and Members of the Planning Board:
On Tuesday, June 13,1995 I came to the Planning Board accompanied
by Joseph Fischetti, a professional engineer and developer well
known to you. We came to review the most recently submitted plans
of COFAM/(now).McDONALD CORP. which were received in your office on
June 8, 1995.
During our review I was greatly distressed and dismayed to see that
the McDONALD CORPORATION is presently preparing to build and operate
a drive-through in the Town of Southold although the conditions of
the SpeCial Exception Permit # 3970 granted on 12/16/91 specifically
denied this use and present Southold Town Code Regulation, Local
Law # 9, 1994, Section 100-91(B) (f) (11)c expressly prohibits take-
o~t and formula food restaurants from having drive-through windows.
See attached Exhibits 1 and 2, highlighted areas.
Listed below are ~the Titles and Pages on the complete set of
building plans referred to above where references to the drive-
through windows are found:
KITCHEN LAYOUT K-1
See two (2), not one, but TWO future
drive-throughs planned for
POWER LAYOUT
E-3
Empty conduits are being installed for
wiring of interconnections between the
two windows and sensor to signal that
a car is approaching
E-5
Video monitor at site of drive-
throughs
E-8
See future menu board location
M-2
Ceiling mounted heaters are being'
installed now in drive-through areas
a non-profit organization for the preservation of land, sea, air and quality of life
printed on 100% recycled paper
The NFEC urges that the Southold Town Planning Board request the
appropriate authority to issue a stop work order immediately until
the following actions have been performed by COFAM/McDONALD
CORPORATION:
1. remove the above cited pages, and
o
replace them with pages containing no references to
anticipated drive-through windows, and
refrain from installing electrical and heating
equipment that would accommodate this prohibited use.
Pursuant to the terms of the site plan approval granted to COFAM
REALTY CO. by your board on March 28, 1994, the authority to direct
the above actions can be found in the highlighted section of the
resolution attached to this letter as Exhibit 3; specifically,
no other improvement may be made at the property
described in Schedule "A" without the approval of
this Town of Southold Planning Board."
References to drive-through windows are certainly an "improvement"
to the COFAM/McDONALD CORPORATION.
In addition, the site plan presently being used by COFAM/McDONALD
CORPORATION is not the "revised site plan of March 22, 1994" that
your board approved. See highlighted section Exhibit 3.
Sincerely,
Linda Fletcher David M. Goldman
Project Co-ordinator President
Enclosures
cc:
Supervisor Thomas Wickham
Members of the Southold Town Board
Troy Gustavson, Co-Publisher/Executive Editor of
The Suffolk Times
Christopher Kelley, Attorney-at-Law, Twomey, Latham,
Shea & Kelley
Page 5 - .A~. No. 3970-SE
~Matter' ~0~" ~M P.F~ TY
Decision Rendered-h~ecember 16, 1991
NOW, THEREFORE, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT a Special Exception under Article X,
Section 100-101B(9), for the establishment of a fast-food
restaurant only as defined and described in ~aragraph #9, supra,
and SUBJECT TO THE FOLLOWING CONDITIONS:
1. An emergency exit must be made available off of Old
Main Road for fire and emergency purposes;
2. Sufficient on-site parking areas must be made available
for numerous transient buses as recommended by the Southold Town
Planning Board;
3. No directional, advertising or other off-premises signs
shall be permitted.
4. No other separate business or restaurant use shall be
permitted other than a fast-food restaurant use.
.5. This Special Exception approval is limited to that
applied for and shown for consideration as per the plans and
drawings submitted to this Board, and any change in the
footprint of the building requires re-application for
re-consideration, after proper notice and public hearing. An
original final site plan print shall be furnished to the Board
of Appeals for review prior to Planning Board Chairman's signing
of the final maps for updating purposes, acquiescence, and
permanent record-keeping purposes (without the need for further
hearing, etc. for such review).
~E IT FURTHER RESOL%'ED
ofthe sUb
1. The use intended is not permitted by Special Exception
under the Zoning Code of the Town Southold either by definition
or within the respective zone.
2'. There is insufficient square footage on site to support
approval of a second primary restaurant use.
3. The increase traffic flow resulting from drive-
thru/drive-up restaurant would adversely impact upon the
existing two lane highway which provides access to the site
furthermore, the preexisting nonconforming residential use to
the west and the hundred acre residential (AR-4Q) zone directly
to the south and east Of.the premises renders this particular
location not suitable for this particular use (section 100-264A).
Page 6 - Appl. No. 3970-SE
Matter of COFAM REALTY
Decision Rendered December 16,
1991
4. The approval of a second restaurant use would put
unnecessary strain upon the private water and sewer facilities
available to the site(100-264D).
5. The site has insufficient square footage per the
recommendation of the Suffolk County Department of Health
Services (100-264K).
6. Access to the site is by means of State Road SR25
(two-lane east-west highway) which provides access to and from
the hamlet of Mattituck and is not suitable to the use intended
(100-264M)
7. Although the applicant agreed to covenant not to
deposit solid waste in the landfill of the Town of Southold, it
refused ~to covenant to~at-deposi3~any_of .-i~s.waste in any
transfer station in the event the landfill would ultimately
close. Considering the amount of solid waste generated by the
applicant same will provide an undue strain upon such transfer
station(100-2640).
VOTE OF THE BOARD: AYES: Messrs. Goehringer, Dinizio and
Doyen. NAYES: Members Villa and Grigonis. (Members Villa and
Grigonis felt the application should be denied in its entirety
for several reasons: out of character with the area, there is a
better profitable use to which this property may be used,
excessive burdens on governmental facilities, etc.).
This resolution was duly adopted with a 3-to-2 margin.
lk
RESTAURANT, FORMULA FoOD - A restaurant business
required by contractual or other arrangements to offer
standardized menus, ingredients, food preparation, decor,
external facade or uniforms'*
FA~T-FO~3E)' TAKE OUT -
RESTAURANT, Eh~P~E--~N' ~ food restaurant, whose
Any establishment other than a formula
principal business is the sale of foods, frozen desserts or
beverages to the customer in a ready-to-consume State, usually
· 'c or other dispo.s, al containers, for
~arved m paper, piaatJ ...... ~..ildma, elsewhere.on the
;;~sumpti~n within the restaura-~ ~- ~off the premises.
premises or for carryout for consumption
SHOPPING CENTER - A group of retall and service businesses
archltectural and ~ite. design and which
which have an integrated either a Supermarket or a
have an anchor tenant consisting of
department store if the anchor tenant encompasses a minimum of
25,000 square feet of area.
Section 100-91{A)[7) [Use Regulations) of the Code of the Town
of Southoid is hereby 'amended to read as follows: '
7. Restaurants, excluding formula food and take
out restaurants.
~~l~~ is hereby added to read as follows:
........ ided in accorda.nce Area
a
be located within reasonable walking distance of the
site, or 300 feet whichever is less.
development of municipal parking
The improvement O.rsf this requirement- .The adequacy
e ed to sail y b the
may b u.s . ,-:-- ~ I be datermlne~ Y . _..
of municipal p, ar~n~j .~,~,al ,~ ;*~ site plan review
planning BoarCt as par-~ .....
a parking survey of the
Pcar~Z~idtUyreofbYth~°nedx~sCttii~ngg. municipa! parking, ar,e_a t~Z
accommodate the projectec~ increase ,in usage Qua tu
introduction of the subje, ct land use.
An assessment of the pctenti'al traffic impacts of the
proposed use must accompany the long environmental
assessment form. The appropriate mitigation measures
must be incorporated into the site plan.
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P. O, Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Tetephone (516) 765-1938
March 29, 1994
Charles R. Cuddy
Attorney at Law
180 Old Country Rd.(Rte.
Riverhead, NY 11901
Re:
Proposed site plan for
Burger King Restaurant
SCTM 1000-122-7-3.1
Dear Mr. Cuddy:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, March 28, 1994:
WHEREAS, Cofam Realty Co. is the owner of the property known and
designated as the site for Burger King Restaurant, located at
Main Road, Mattituck, SCTM~ 1000-122-7-3.1; and
WHEREAS, a formal application for the approval of this site plan
was submitted on May 25, 1993; and
WHEREAS, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, (Article 8), Part 617,
declared itself lead agency, and issued a conditional Negative
Declaration on November 15, 1993; and
WHEREAS, all conditions in the Negative Declaration of November
15, 1993 have been met; and
WHEREAS, a Special Exception was granted by the Zoning Board of
Appeals on December 16, 1993 and confirmed for the above project
on March 30, 1993; and
Page 2
Proposed site plan
March 29, 1994
for Burger King Restaurant
WHEREAS, the Planning Board had requested that a declaration of
covenants be filed, that there be no buildings or structures
forward of
Site
furthe~
the ~
the front line of the building shown on the
and
and
the applicant has filed the requested declaration of
WHEREAS,
covenants with the County as shown on the final suryey dated, as
last revised on March 22, 1994; and
WHEREAS, this site plan.was certified by Thomas Fisher, Building
Inspector, on March 28, 1994; and
WHEREAS, this site plan was reviewed and accepted by the Zoning
Board of Appeals on March 28, 1994; and
WHEREAS, all the requirements of the Site Plan Regulations of
the Town of Southold have been met; and now therefore
BE IT RESOLVED, that the Southold Town Planning Board approve
and authorize the Chairman to endorse the final survey dated
March 22, 1994, subject to a one year review from date of
building permit.
Enclosed please find a copy of the survey which was endorsed by
the Chairman.
Please contact this office if you have any further questions.
Sincerely,
Chairman
enc.
cc:
Thomas Fisher, Building Inspector in Charge
Scott Russell, Board of Assessors
Gerard p. Goehringer, Chairman, Board of Appeals
11 ,,MCCocktail Party"
! ~ Saturdav, lune 24 - 5:00-7:30 p.m.
I
.... ' ~ ~? 910 New Suffolk Avenue, Mattituck (Look for the balloons)
II ~ ~ LIVE MUSIC w~th Glenn Jochum and the Pine Barons
]] ~ ~ $20 per person (Donahon' for the legal fees to block fast food)
~ Call N.F.E.C. at 298-8880 for reservaUons and directions
We deserve a break today:
I]Help us send THE MESSAGE to our Town Board and all Fast Food CorporaUons
YES -I would like to atte. d the party. Included is a check for__ person(s) at $20 per person (Check included)
I can't go to the party, but enclosed ,s my donaUon of $10 $20 $35 $50 $100 $ other__ --
_
Name __ __
Addre~ ------ ---
II ~~.-~-~~,:~~~~
Submission Wtthont a Cover Letter
Sender:
Snbjeet:
SCTM#: 1000- /ZZ-7-$.!
¢o~p~,'~-'
Comments: i ~c/f J~ j~z/n$
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3t36
TeJephone (516) 765-1938
~vlay ~;~, 1995
Anthony M. Liedtke
Hunt-Liedtke Management, Inc.
10 Rabro Drive
Hauppauge, Ny 11788
RE: Proposed McDonald's Restaurant
Route 25, Mattituck
Dear Mr, Liedtke,
This letter will confirm the Planning Board's approval of the change in
the approved site plan from concrete walks to brick.
If you have any Questions, or seek to make additional upgrades to the site
please contact this office,
Richard (3. Ward
Chairman
cc: Thomas Fisher, Senior Building Inspector
Jom. t. han l~binovlt, z
Fast Food
Stirs Fear
For Future
THE NBW YORK TIMF. S
LONG SLIND
PLANNING BOARD MEMBERS
Richard G, Ward, Chairman
George Ritchle Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 19, 1995
Charles R. Cuddy
Attorney at Law
180 Old Country Road (Rte.
P.O. Box 1547
Riverhead, NY 11901
58)
RE: Proposed Site Plan for
McDonalds Restaurant
Main Road, MattiLuck
Zoning District: General Business
SCTM# 1OOO-122-7-3.1
(B)
Dear Mr. Cuddy:
This is a reminder that the Planning Board has not received any
sketches of the signs that your client plans to place at the
restaurant.
We would appreciate receiving a sketch, to scale, showing colors
of all signs to be placed at the site.
The Board favors the type of sign
Corporation at its Stowe Vermont
leaf.
used by the the McOonalds
location; cut Wood with gold
Enclosed is a photo of that sign. We feel that such a sign would
be an attractive addition to the proposed building.
Cha i rman
cc: Thomas Fisher, Senior Building Inspector In Charge
OF THE ENGINEEE
(~ 1g)-765-3070
MAY 2, 1995
Richard G. Ward
Chairman - Planning Board
Town Hall, 53095 Main Road
Southold, New York 11971
Re:
McDonalds Restaurant
Main Road, Rte, 25, Mattituck
SCTM #: 1000-122-7-3.1
Dear Mr. Ward:
The installation of the site drainage system for the above
referenced project has begun, During my initial inspection of the
project, the contractor pointed out that there is a drainage
problem on Old Main Road immediately adjacent to the southerly side
of the site.
It appears that when the site was originally re-graded, the
heavy trucks and equipment entering and leaving the site may have
severely cracked the pavement and caused some settlement in the
existing road surface. After the early morning rain there was a
deep puddle stretching across the road that was at least one
hundred feet long. I have reviewed this situation with Mr. Jacobs
and he has assured me that a puddle of this size did not exist
prior to the construction activity.
Can the Planning Board request the developer to resurface that
short section of road and provide additional drainage to eliminate
the puddle, The present condition of the road during rainy days
could be considered hazardous for vehicles as well as the
pedestrian traffic that the restaurant might generate,
If you have any questions
information regarding this'matter,
cc: Raymond L. Jacobs
(Superintendent of Highways)
or require any additional
please contact my office.
P~NNING BOARD
Planning Board
Town of Southold
Main Road
Southold, NY 11971
ATTOHNEY AT LAW
1~00~ GO~N~Y ~0~ (~TE.
P. O, BOX 1547
~VmEAD, ~ 11901
April 7, 1994
Re: Cofam Realty Co. (Tax Map #1000-122-7-3.1)
Dear Members of the Planning Board:
I have been made aware of a letter dated April 1, 1994, from the
North Fork Environmental Council concerning the approval for a fast
food restaurant to be operated by Burger King at the above site.
I strenuously object to the statements that the applicant misled
any government agency and in particular the Planning Board, and
confirm to the Planning Board that an appllcation was made, has
been pending and continues to be pending for approval of a Burger
King restaurant at the above site. My client expects to proceed to
construct a restaurant and operate it as has been indicated in
numerous appearances before the Planning Board.
Undoubtedly, the opponents of site plan approval were hopeful that
both the extended time and expense in the one (1) year approval
process would not merely deter the applicant, but defeat its
continuing with this application. Now that site plan approval has
been granted and a building permit issued, they have taken a
different tact and challenge the bona fides of the applicant's
business venture. By so doing they go beyond the bounds of
propriety and deliberately interfere with the business relationship
of the parties and their securing final approval for a franchise.
The site plan process does not open the door to an inquisition.
The opposition's setting standards for a business operation to
process a franchise application and then complaining that their
standards have not been met is nothing more than Quixote jousting
with windmills and then declaring victory.
I wish to assure the board that not only was a franchise
application made, but that the applicant looks forward to obtaining
approval and has invested a considerable sum to proceed to this
point and anticipates the operation of a Burger King restaurant at
the site. While I do not retract for one moment any statement made
in connection with this application or in this letter, I again
Planning Board
Town of Southold
April 7, 1994
Page 2
point out that it is the use of the real property and not the user
which comes before both the Zoning Board and Planning Board.
Of course the real aim of the April 1st letter is to raise an
issue, any issue, to reopen the approval process, cause further
delay with the hope that a zoning amendment will be passed in the
interim which will prohibit a fast food restaurant at this site.
It is increasingly apparent that any means to that end is
acceptable. It isn't.
I submit that both on the facts and the law there is no basis for
reconsidering the Board's decision approving the site plan.
CRC:ejc
Very truly yours,
Charles R. Cuddy~
NORTH FORK £NVIRONId£NTAL COUNCIL
Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880
April 1, 19
rman Richard Ward
Southold Town Planning Board
Southold Town Hall
Southold, NY 11971
Dear Chairman Ward and Members of the Planning Boa~
The North Fork Environmental Council (NFEC) would like to
reiterate the concerns expressed Monday, Ma. rch 28, 1994 regarding
the approval of the s~te plan for Burger King.
For over one year the applicant has stated that a Burger King
restaurant would be built at the site. signage and architectural
concerns were all based on the understanding that a Burger King
was opening. At the meeting, Charles Cuddy, attorney for the
applicant, stated that he represented the owner of the property
and his partner, a local Burger King franchisee who would be
operating the restaurant in Mattituck.
However, in discussion with Burger King Corporation, we learned
that they had no knowledge of any proposed Burger King restaurant
in Mattituck. Furthermore, no approval had been granted to any
franchisee to open such a restaurant.
As we stated at the meeting, the NFEC believes that the site plan
approval should not have been granted under these circumstances.
The applicant has misled the Planning Board and the people of
Southold by stating that Burger King would be opening in
Mattituck. In fact, the site plan that has now been approved is
for a generic fast food restaurant. The applicant can now "shop
around" for an operator; as long as they are willing to conform
to the restrictions of the approved plan, any fast food
corporation can open on the site.
We are dismayed that the Planning Board granted this approval,
under these misleading conditions. We believe that the Planning
Board should, at the very least, have held this decision for a
few days while this issue was investigated. With this decision,
the Planning Board has sent a message that applicants can feel
free to file incomplete disclosures and mislead the government if
it will facilitate the processing of an application.
a non-profit organization for the preservation of land, sea, air and quality of life
printed on 100% recycled paper
It is immaterial whether or not the Planning Board would have
granted this approval if it had known the true circumstances all
along. The issue is that the true circumstances were not made
known, the applicant misled the Board, and approval was granted
anyway. This is not our understanding of the way our government
is expected to act.
We ask that you reconsider your decision.
Sincerely,
for the North F6rk Environmental Council
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 29, 1994
Charles R. Cuddy
Attorney at Law
180 Old Country Rd.(Rte.
Riverhead, NY 11901
Re:
Proposed site plan for
Burger King Restaurant
SCTM 1000-122-7-3.1
Dear Mr. Cuddy:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, March 28, 1994:
WHEREAS, Cofam Realty Co. is the owner of the property known and
designated as the site for Burger King Restaurant, located at
Main Road, Mattituck, SCTM# 1000-122-7-3.1; and
WHEREAS, a formal application for the approval of this site plan
was submitted on May 25, 1993; and
WHEREAS, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, (Article 8), Part 617,
declared itself lead agency, and issued a conditional Negative
Declaration on November 15, 1993; and
WHEREAS, all conditions in the Negative Declaration of November
15, 1993 have been met; and
WHEREAS, a Special Exception was granted by the Zoning Board of
Appeals on December 16, 1993 and confirmed for the above project
on March 30, 1993; and
Page 2
Proposed site plan for Burger King Restaurant
March 29, 1994
WHEREAS, the Planning Board had requested that a declaration of
covenants be filed, that there be no buildings or structures
forward of the front line of the building shown on the approved
site plan dated, as last revised on March 22, 1994 and no
further building, structure or other improvement may be made at
the property described in Schedule "A" without the approval of
the Town of Southold Planning Board; and
WHEREAS, the applicant has filed the requested declaration of
covenants with the County as shown on the final survey dat~,
last revised on March 22, 1994; and
as
WHEREAS, this site plan was certified by Thomas Fisher, Building
Inspector, on March 28, 1994; and
WHEREAS, this site plan was reviewed and accepted by the Zoning
Board of Appeals on March 28, 1994; and
WHEREAS, all the requirements of the Site Plan Regulations of
the Town of Southold have been met; and now therefore
BE IT RESOLVED, that the Southold Town Planning Board approve
and authorize the Chairman to endorse the final survey dated
March 22, 1994, subject to a one year review from date of
building permit.
Enclosed please find a copy of the survey which was endorse~ by
the Chairman.
Please contact this office if you have any further questions.
Sincerely,
Chairman
enc.
cc:
Thomas Fisher, Building Inspector in Charge
Scott Russell, Board of Assessors
Gerard P. Goehringer, Chairman, Board of Appeals
Gxq_a~s R. C~3DDY
180 OLD COUNTRY ROD (RTE, 58)
Rllr~a~I-I~a/), INrY 11801
March 25, 1994
Town of Southold Planning Board
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: cofam Realty (Burger King)
Gentlemen:
Enclosed is a copy of the highway work permit issued by the
NYS Department of Transportation for this application (Burger
King). Please make this part of your file.
CRC:ejc
Enc.
Very truly yours,
Charles R. cudd~
PLANNING BOARD
.~PARTMENT,,~ OF TRAN~RTATION
· 'HWAY WORK PERMIT
Project Identification No.:
* Completion Date:
SH No.:
Expiring Deposit Rec. for $
,; Check or M.O. No,:
[ Dated:
ti ~ Cost of Work Performed in the State Right-of-Way $:
E~;,~mated~ - Chargeable to Bond No.:
or Undertaking on File:
8181
73SB10086
Return of Deposit Made Payable to: (coapme if ~ ~, ~
&Traffic Law permismon is hereby granted to the permittee to:
rH ~0 RT.25 E/O BRAY AVEr ~ATTITUCK (BURGER KING) TO
~RAINAGE,A LEFT TURN LANM pavement widening,etc.
2 fOR ASOBE,ETC.MAINTENANCE AND PROTECTION OF TRAF
HE PERMITTEE AT ALL TIMES UNTIL COMPLETION AM])
~TC
PROTECTION OF TRAFFIG. ~N ADDITION ANYBODY WOR~NO
THE RIGHT OF WA~IS REQUIRED TO WEAR A HARD HAT AND A REFLECTIVE SAFETY VEST. ANYONE WORKING WITHIN TH
R.O,W. WILL WEAR HIGH VISIBILITY APPAREL (ORANGE/YELLOW) AND HARD HAT.
t( Municipality- SOUTHOLD Route#- 25
~ attached application at t,e particular location or area. or over the routes as stated therein, if required;
general or special, and meth~eds of performl~ii~Ork, if any; a~lof which are set forth in th
,NY r ./;"
4 C~;llillm~e r of_~TJ;ansporta~
B~ %ITO F. LENA
IMPORTANT
g (or copies thereof) attached shall be placed in the hands of the contractor before any work
NOTICE: Before work Is started and upon Its completion, the permittee absolutely must notify the Resident Engineer.
JOHN YOUNGMAN
THE FOLLOWING WILL BE COMPLETED AND SIGNED BY THE PERMII I~-E AN
Work { DATE
Refund of desposit or return of bond or reduction of amount charged against bond or oepomt on file for this permit whichever is appropriate,
requested.
PERMITTEE AUTHORIZED ~ENT (if A~ly)
the Resident Engineer will sign the foll~,~ing and forward to the Region
end is accepted (Reverse side of thle form muat be completed)~'
~ O~me with. the appropriate box checked.
be cancelled.
REGIONAL TRAFFIC ENGINEER
permit, at its discretion without a hearing or the necessity of showing
remain attached hereto until al work under thepermif is satisfacto~
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fs.x (516) 765-1823
Telephone (516) 765-1800
TO:
FROM:
DATE:
SUBJECT:
Valerie Scopaz. Senior Planner
Jerry Goehringer. ZBA
March 28. 199q
Your Memo of March 25. 19gq - Cofam Realty (Sp. Exc. )
Final Map. with Updates
In response to your memo. please let this, confim that the finar map
furnished by you for review has been accepted by the Board of
Appeals and is in conformance with the Special Exception granted on
December 13. 1991.
For the purposes of Condition No. 5 of the Special Exception. this
map has been reviewed for updating purposes and made a permanent
part of the ZBA record.
Thank you for your coordination of, this map with our department.
A separate letter has b::.": forwarded to Mr. Cuddy. attorney for the
owner-applicant, for their information and file.
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett OHowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Valerie Scopaz, Senior Planner
March 25, 1994
Burger King Restaurant
We just received the latest revised site plan for this
application.
This final site plan is being referred to the Zoning Board in
pursuant to the conditions of the Zoning Board's Special
Exception for this property.
I
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1 t79
Southold, NewYork 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 15, 1994
Charles R. Cuddy
Attorney at Law
180 Old Country Road (Rte.
P.O. Box 1547
Riverhead, NY 11901
58)
RE: Proposed Site Plan for
Bbrger King Restaurant
Main Road, Mattituck
Zoning District: General Business (B)
SCTM# 1000-122-7-3.1
Dear Mr. Cuddy:
This letter will confirm the Board's review of the above
referenced project with you at its work session of March
The following was discussed:
14,1994.
2.
3.
4.
Outdoor light poles will be twelve feet high.
Shielding will be provided on all outdoor lighting.
Dumpster to be moved to west side of property.
A new ground sign will be developed.
In addition to the above, you will develop a covenant and
restriction indicating that any future additions or improvements
will be behind the set back line of the proposed building and
will require Planning Board approval.
BOX~S~HaV 9 MUST a~ TYP~DI
SUFFOLK COUNTY CLERK
11669P 640
L/P#
Number of pages
TORRENS
Serial #
Certificate #
Prigr
~ P~NTED IN BLACK INK ONLV_~
21
[RIOR TO RECORDING OR FILING
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps
4 I FEES
Page / Filing Fee
Handling
TP-584
Notation
EA-5217 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
-Stamp
FEE PAID BY:
Cash
OR:
5 00
Sub Total
Sub Total
GRAND TOTAL
Real Property Tax Service Agency Verification
Dist Section Block Lot
~000 ~22.00 07.00 003.00~
Mortgage Amt.
1. Basic Tax
2. SONYMA
Sub Total
3. Spec./Add.
TOT. MTG. TAX
Dual Town Dual County __
Held for Apportionment __
Transfer Tax
Mansion Tax . -
The property covered by this mortgage
is or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
Title Company Information
Company ~ame
Title Number
__Check x Charge
Payer same as R & R__
Charles R. Cuddy, Esq.
~80 Old Country Road
PO Box ~547
Riverhead, NY ~90~
RECORD & RETURN TO
fADDRESS)
Suffolk County Recording & Endorsement Page
This page forms part of the attached
COFAM REALTY
Declaration of Covenants
made by:
(Deed, Mortgage, etc.)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the TOWN of SOUIHOLD
In the VILLAGE MATTI TUCK
or HAMLET of
1994, by COF~ RE~LT¥,
DECLARATION OF COVEN]%NTS
This DECLARATION made and dated this 23rd day of March,
a partnership with an office at 4623A
Sunrise Highway,
"Declarant".
Bohemia, New York, hereinafter referred to as
WI TNES SETH :
WHEREAS, the Declarant is the owner in fee of the real
property described in Schedule "A" attached hereto and made a
part hereof; and
WHEREAS, an application for site plan approval for the
property described in Schedule "A" has been filed with the
Planning Board of the Town of Southold; and
WHEREAS, the Planning Board of the Town of Southold
deems it advisable and in the best interests of the Town that
Declarant impose certain covenants upon said real property,
NOW, THEREFORE, in consideration of the grounds, the
Declarant declares that the above described real property is held
subject to the following covenants:
1. There shall be no buildings or structures
forward of the front line of the building shown on the approved
site plan dated March 26, 1993, and last revised March 22, 1994.
2. No further building, structure or other
improvement may be made at the property described in Schedule #A"
without the approval of the Town of Southold Planning Board.
These covenants shall run with the land and can be
modified only at the request of the then owner, with the approval
of a majority plus one of the Planning Board of the Town of
Southold after a public hearing. Adjoining property owners shall
be entitled to notice of such public hearing, but their consent
to any such modifications shall not be required.
IN WITNESS WHEREOF, the Declarant has executed this
Declaration the day and year first above written.
COFi%M RF~LTY
/ ~Stanle~ Cohen)
COUNTY OF SUFFOLK)
On this
ss.:
day of/~
, 1994, before me personally
came STANLEY COHEN to me known to be the individual described in
and who executed the foregoing instrument and acknowledged that
he executed the same.
CHARLES R. CUDDY
Notary Public, State of New York
No. 5872225
Qualified i,~ Suffolk COu~y
Commission Expires D~cember 31,199~
GHARLE$ 1~.
ATTOI~NI~Y AT LAW
180 OLD GOIXNTHY ROAD (RTE.
P, O. BOX 11547
i~/VEi~I-IEAD, ~ 11901
March 23, 1994
Mr. Robert Kassner
Town of Southold Planning Board
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: Cofram Realty (Burger King)
Dear Mr. Kassner:
Attached hereto are three (3) copies of the site plan, as
lastly revised on March 22, 1994, each of which has been endorsed
by the Suffolk County Department of Health Services.
CRC:ejc
Encs.
jj~NFNNHOLD TOWN
lNG BOARD
DATE:
SENDER:
SUBJECT:
SCTM#:
COMMENTS:
SUBMISSION WITHOUT COVER LETTER
/)..~ - 7-3. I
',iREQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION
SECTION-BLOCK-LOT TAX MAP NUMBERS
NAME & ADDRESS OF OWNER OF RECORD
~INAME & ADDRESS OF PERSON PREPARING MAP
· ~...[DATE, NORTH POINT AND WRITTEN & GRAPHIC SCALE
~DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES
~OCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS
'~LOCATION & OWNERS OF ALL AD30INING LANDS, AS SHOWN ON TAX RECORDS
-~ LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS
~.i!COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY
~XISTING ZONING
"-~AREAS SUBJECT TO FLOODING OR STOIA~4 WATER OVERFLOWS
· :WATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE
~ANY BUILDING WITHIN 100' OF PROPERTY
~'PAVED. AREAS, SIDEWALKS, VENICULAR ACCESS TO PUBLIC STREETS
EXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY
~ENCING LANDSCAPING AND SCREENING
~.,PROPOSED BUILDINGS OR STRUCTURAL IMPROVEMENTS
:'~FF STREET PARKING AND LOADING AREAS 3AN I
~OUTDOOR LIGItTING OR PUBLIC ADDRESS SYSTEMS
UTDOOR SIGNS-
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this ~ day of~ , 1994, before me personally
came STANLEY COHEN to me known to be the individual described in
and who executed the foregoing instrument and acknowledged that
he executed the same.
CHARLES R. CUDDY
Notary Public, State of New York
No. 5872225
Qualified in Suffolk County
Commission Expires D~cernber 31,199~Z
1669 640
SCHEDULE A (Description)
All that cer[ain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being at Nattitucks Tow~ of Southold, County of Suffolk and State of
New York, being more particularly bounded and described as follows: ,
BEGII~G at .a point on the Southerly side of ~in (State) Road, which is
distant the follow/rig two courses and distances from the intersection of
Main (State) Road and Old Main Road: {1) Running Easterly 269.68 feet to a monument
said monument also be/ng where the Easterly line of lands now or formerly of
Ocean Holding Corp. intersects the Southerly side of Main (State) Road; and
(2) North 52 degrees 02 m/nutes 10 seconds East 345.83 feet to sa/d point or
place of beginning;
RL~NG ]~IBNCE North 52 degrees 02 m/nutes. 10 seconds ~F~_st along the Southerly
side of Main (State) Road, 371.37 feet to a monument and lands now or formerly of
Brisotti & Silkworth, Inc.;
~CE South 21 degrees 04 m/nutes 50 seconds East along said lands and later
lands now or formerly of F. Murphy Garden Center and E. Murphy, 513.03 feet to a
monument and the Northerly side of Old Main Road;
~]{~NCE Westerly along the Northerly side of Old Main Road the following two (2)
courses and distances:
1. South 56 degrees 57 minutes 20 seconds West, 28.88 feet; and
2. South 84 degrees 42 minutes 10 seconds West, 288.26 feet to land now or
formerly of Fliss;
THENCE along said lands the following three (3) courses end distances:
· . 1. North 09 degrees 59 minutes 10 seconds West 268.88 feet;
2. South 52 degrees 13 minutes 40 seconds West 77.17 feet; and
3. North 37 degrees 57m/nutes 50 seconds West 95.20 feet to the Southerly
side ofMain (State) Roadthe point or place of BEGINNING.
Southold Town Planni~ Board
8 March 28, 1994
Determinations:
Mr. ~W~4~ Mary Holland (Estate of Frank Dawson) SCTM#
1000- 17- 9.1.
Mr. McDonald: ~. Chairman I ~ake a motio~ tha~it resolved
that the Southold_~n Planning Board, acti~nder the State
Environmental Qual~t~e~ie~ Act, assume~ad agency status, and
as lead agency, makes a~terminatio~ non-significance and
grants a Negati~ D~l~at~/
Mr. Edwards: S~on~
~r. ~Opposod~~ ~ot~on
SITE PLANS
Final Determinations:
Mr. Ward: ~qer Kinq Restaurant - This proposed site plan is
for a 3,000 square foot fast food restaurant on a vacant 3 acre
parcel on Rt. 25 in Mattituck. SCTM# 1000-122-7-3.1. Is there
anybody here tonight that would like to address the Board before
we make any determinations?
Linda Fletcher: I'm representing the North Fork Environmental
Council and I'd like to make a few comments before you take a
vote. The council had asked for covenants and restrictions at
the hearing and some of these were done. We did not have a
chance to review them prior to this. There was a meeting last
Monday at your work session, where some changes were mentioned.
Upon seeing the covenants that were presented and I guess they
were somewhat changed, we find that we would like them to be
stronger. For example, we see no reason why you cannot include,
as we've asked for before, a covenant and restriction which
relates to the drive through or drive in or drive by window.
We notice here that the second covenant, which says no further
building, structure or other improvement may be made at the
property described as Schedule A without the approval of the Town
of Southold Planning Board, is in fact simply a reiteration of
the town code at this point. We do not see why you cannot also
include as another point and another covenant and restriction,
the prohibition of any drive through or drive by window. This
simply would be another reiteration of what is in the conditions
that were set forth by the ZBA. This is nothing new. You aren't
making law. You are doing nothing more than reiterating what is
Southold Town Plannin¢ Board 9 Mar~28, 1994
already in the code or in the conditions for the proposal in this
application. We want that in.
There's another thing that we are interested in. We are aware
that the DOT permits have arrived here for this site plan and we
would like to see that there be another point in the covenants
and restrictions that say that these road improvements must be
completed before the building has commenced. Our information
tells us that these road improvements are going to cost around
$100,000 and it could be that whoever is going to build this
restaurant, will build a restaurant and not have any money for
the road improvements. So we would like to see the sequence be
that the road must be improved before the building can be
commenced. And we would like that to be in writing.
Also, we would like a copy of the ZBA resolution, dated 11/19/91
attached to both the final site plan and the building permits for
filing, so that this can be right next to these documents to show
just what is and isn't allowed on this site. One last thing, or
next to last thing that I would like to say on behalf of the
council, from the very beginning we have insisted that the SEQRA
determination was incorrect and we have expressed this opinion
from the very beginning and we would like to say that as far as
the council is concerned, this is only the beginning. Any vote
that you take tonight will only be the beginning for us.
Finally, I brought tonight a contract, it's just one of these
things that you can buy at McCabes, because the council also
wanted the solid waste handling methods detailed in writing. We
wanted the applicant to present a signed contract with the carter
to show what kind of a waste management plan they were actually
going to have. Some information that was obtained over the
week-end will make it very difficult for the applicant to fill
in. It seems that the relationship between the applicant and the
Burger King Corp. is quite tenuous at best and I'm not sure that
this Board is fully aware of exactly what is or is not going on
in that context and I would like to turn this over to.my
colleague, Linda Levy, who will bring you up to date on that
particular relationship. Thank you.
Linda Levy: I'm also here on behalf of the North Fork
Environmental Council. First, I want to apologize to you that we
ourselves were were unaware of the information that we have
recently learned, and we feel that you probably should have known
about this awhile ago, but we didn't know about it until over the
week-end. And that is that we contacted Burger King Corp. We
contacted their corporate headquarters in Florida, who directed
us to their non-juditional location representative in Connecticut
who then told us to contact their representative in Holbrook,
Long Island.
The gentleman in Holbrook, Gene Flynn, told us that he was
unaware that an application for a Burger King restaurant was
before the Southold Town Planning Board. When we told him that
Southold Town Planni Board 10
Ma~h 28, 1994
this application was before the Planning Board and that it
required road improvements, it required very strict signage
requirements, set backs, and the specific type of design for the
restaurant, he said he was unaware of any of these elements.
What he did know was that McDonalds had applied and had been
denied a drive through window. He was unaware of whether that
would affect any further application. The relationship that he
described to us was that he had been contacted at some point in
the past and asked whether Burger King would be interested in
opening up a fast food restaurant at this location. And the
response was, go to the Town Planning Board, get your site plan
approval, and then call us back and we'll begin to negotiate with
you at that time whether or not we are interested in opening up a
restaurant in Mattituck.
In addition to this, to further corroborate the fact that Burger
King was not, at any time in any kind of a franchise contract
with the applicant. We've received an anonymous call from a
person who was interested in purchasing the site and thought that
we might be interested in knowing the response that this person
received when they contacted Mr. Cohen. The person was told that
the property is still for sale, and that at the present time
there are no contracts or franchise agreements with any fast food
restaurant corporations. Now, we're very concerned about this
because we feel that from the very beginning, both the Planning
Board and the people of the Town of Southold were under the
impression that we were talking about a Burger King Restaurant.
And while it may be true that we are opposed to any kind of fast
food restaurant, the fact is that the information that was
provided here was all about Burger King. Even the drawings that
we saw that showed a logo or a sign that was going to be
according to your specifications, said Burger King and had the
Burger King colors.
We feel that what we're seeing here is in fact an attempt by the
applicant to receive a generic site plan approval for any fast
food restaurant. That after this approval is received, they will
then proceed to probably first contact Burger King and if Burger
King turns them down, they'll shop it around to whatever fast
food restaurant might be interested. We believe that this is an
attempt to get an approval for a use that we all know has been
questioned in this town for a number of years now and that the
applicant may very well have come in with the idea that they
would get this fast food restaurant approval, prior to any change
in the code that would make it impossible for this kind of
approval to go forward.
Just to show you that we really believe that there has been some
misinformation here, I went through our files, which are not as
complete as your files, to see whether Burger King was ever
really referred to or whether this has always just been generic.
And it is true, in the LEAF it's referred to as Cofam Realty,
owner of property for proposed fast food restaurant. That was I
think submitted in March of 1993. By June of 1993, on your own
Southold Town Plannin¢ Board 11 March 28, 1994
agendas you were listing it as the site plan for Burger King.
Cramer and Voorhis, in October of 1993, referred to the long LEAF
and traffic study of the Burger King Restaurant. The DOT, in
correspondence with Mr. Corrado of Dunn Engineering Associates,
in November of 1993, referred to their case number 90-393, Burger
King Restaurant, Rt. 25, Mattituck. They wrote another letter in
December, with the same reference.
In your conditional Negative Declaration, you refer specifically
to conditions for the Burger King. Not for a generic restaurant,
but for the Burger King Restaurant. Mr. Cuddy, in his letter to
you of January 10, 1994, says Re: Application of Cofam Realty Co.
(Burger King) and his communication to you of January 28th he
refers again to the Burger King Restaurant. We feel that there
has definitely been some kind of a miscommunication, at least,
and we feel that there are two possible remedies that we would
ask of you tonight. One, of course, is that you deny site plan
approval for this application. The other would be that your
approval be conditioned on a proof of a signed contract with
Burger King. The reason we are requesting this is that our
biggest concern is to prevent any kind of a ground breaking and
the beginnings of any kind of a building on that site, that might
end up being another empty, abandoned building on the Main Road,
in Southold.
We've had a number of instances in this town in the past, where
applicants have come in and received approval and begun clearing
their sites, begun building their sites and in the end nothing
was ever built there. And even most recently we have the case of
D & D Cycles which came in believing completely that they were
going to build their motorcycle shop and they got their
approvals, only to go bankrupt, and now we once again have...we
believe they've gone bankrupt, that's what we've heard, and now,
once again we have an empty building on Rt. 48. So, we do
request that something be done that would prevent this occurrence
at this time. As I say, we would prefer that you deny the site
plan approval, but at the very least, require that you see the
signed agreement with Burger King before allowing any building on
the site. Thank you.
Mr. Ward: Mr. Cuddy, would you like to respond to any of the
questions regarding Burger King versus applicant?
Mr. Cuddy: First, just let me note my concern that we appear to
be having, probably the sixth public hearing for the same
application. I understand that resolution is before the Board
tonight and that's what the matter concerns and not whether or
not these women's predilections as to what they would like or not
like is before the Board, which is, again, the sixth time that
we've gone through this. And I'm going to answer them very
directly. When I was hired, and when I came here the very first
time, I said to you that my client, which is Cofam Realty, and
Burger King were the applicants. I said that because the Burger
King people that were involved were franchisees. I said to you
Southold Town Planni~ Board 12 Mareh 28, 1994
and I say it again tonight that the people that are involved are
in a joint venture with Cofam Realty. This is not Burger King
International. These people who are going to spend money by the
way, $100,000, are going to spend money out of their own pocket.
They are franchisee people, they are the people who own this
property. That's been the case since I first came here, that's
been the case continuously. Nobody has been devious, nobody has
set forth anything in any document other than that. I have been
paid by those people. By those people I mean the applicant, who
is Cofam, and by the Burger King franchisee people. That's who
hired me and that's who paid me. Those are the people involved.
And I'm beginning to resent the fact that anybody can come to a
microphone and make a scurrilous alligation, any alligation they
want, and apparently that's allowed in this, procedure, and I find
that an upsetting procedure. There's got to come an end to this
whole thing. The North Fork Environmental Council,
singlehandedly has made an application that has special permit
approval, take much much longer than it ever should have. This
has taken a year. We started this the end of last March. We're
now March 28. This is a whole year that we're talking about.
The things that they're talking about tonight have been brought
up again and again and again.
Linda Fletcher said tonight that she didn't have a chance to look
at the covenants. I remember Mr. McDonald saying to her at the
meeting which occurred on March 14, which was two weeks ago, do
you have anything that you want to say about the covenants? And
she said no, she would say it later. We had a meeting again on
the 21st, when you had another work session. The same question
was asked. No, no comment. And tonight, we again have her
saying now we'd like to try something new. The answer to that is
that I do not believe, as I indicated at the very first meeting
when we discussed the covenants, that the Board has jurisdiction
to go into the drive in question. The drive in question is
either going to be before the ZBA or it's going to be before the
Town Board. I've given you the covenants, you've asked me to
change the covenants. I've changed the covenants. I recorded
the covenants and I gave the recorded copy to this Board. And I
think that's appropriate. I think that's what was required.
Her idea that we should first do the road, $100,000 worth of the
road, and then do the building is really remarkable. Sometime, I
think that maybe the North Fork Environmental Council should put
their money where their mouth is. You don't do buildings that
way. You don't do construction that way. We're going to do it
together. We have an obligation to do it. We've put up a
$100,000 bond with the State of New York. That indicates that we
intend to do what we said we were going to do. The building is
not going to be empty. The building is going to be used. It's
going to be used for the purpose that we said it was going to be
used and it's time that this be brought to an end. This could go
on and on and on and it's unfortunate that it's gone on this far.
But I would like to ask for approval at this time.
Southold Town Planni~ Board
13
Ma~h 28, 1994
Frank Carlin: I'm the President of Carlin Watchdog Group. I
believe this has been going on for many, many a moon, for three
years in fact. Now it's coming down to the wire, to the finish
line, and I think that trying to nit pick now and trying to look
for excuses is a little bit ludicrous. I think it's time for you
people to make a decision and get this finished once and for all.
Because this could go on and on and on. It's been now for three
years when we started with the McDonalds and it seems to me that
this continuous searching, looking for any excuse to prevent this
facility from opening up and I think it's about time...tonight is
the time to either finish it or whatever we want to do. I'll
leave it up to your judgement. That's all I have to say. Thank
you.
Mr. Ward: What's the pleasure of the Board?
Mr. McDonald: Mr. Chairman I'd like to make a motion.
WHEREAS, Cofam Realty Co. is the owner of the property known and
designated as the site for Burger King Restaurant, located at
Main Road, Mattituck, SCTM# 1000-122-7-3.1; and
WHEREAS, a formal application for the approval of this site plan
was submitted on May 25, 1993; and
WHEREAS, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, (Article 8), Part 617, declared
itself lead agency, and issued a conditional Negative Declaration
on November 15, 1993; and
WHEREAS, all conditions in the Negative Declaration of November
15, 1993 have been met; and
WHEREAS, a Special Exception was granted by the Zoning Board of
Appeals on December 16, 1993 and confirmed for the above project
on March 30, 1993; and
WHEREAS, the Planning Board had requested that a declaration of
covenants be filed, that there be no buildings or structures
forward of the front line of the building shown on the approved
site plan dated, as last revised on March 22, 1994 and no further
building, structure or other improvement may be made at the
property described in Schedule "A" without the approval of the
Town of Southold Planning Board; and
WHEREAS, the applicant has filed the requested declaration of
covenants with the County as shown on the final survey dated, as
last revised on March 22, 1994; and
WHEREAS, this site plan was certified by Thomas Fisher, Building
Inspector, on March 28, 1994; and
WHEREAS, this site plan was reviewed and accepted by the Zoning
Board of Appeals on March 28, 1994; and
Southold Town Planni~ Board
14 March 28, 1994
WHEREAS, all the requirements of the Site Plan Regulations of the
Town of Southold have been met; and now therefore
BE IT RESOLVED, that the Southold Town Planning Board approve and
authorize the Chairman to endorse the final survey dated March
22, 1994, subject to a one year review from date of building
permit.
Mr. Orlowski: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.
Ward.
Mr. Ward: Opposed? Motion carried. You could just make if for
the record that the Burger King is part and parcel of this
particular application and that it is in our resolution that way.
That it is a fast food restaurant, but it's specifically Burger
King. If there were to be any changes at all to the site plan or
to a different application coming in, they would have to come
back before us. (CHAIRMAN ENDORSED MAPS)
Mr. Ward~.Mooresland - This site plan is for 60 condominium/~
units in l~buildings on 22.25 acres in the AHD zone, S/E/~~
County Road ~and Moores Lane in Greenport. SCTM# 1000/~0-5-1.
Mr. McDonald. Mr. ~airman I'd like to make a motio~hat be it
resolved that the Soft, old Town Planning Board approve the bond
estimate for Phase~ I, ~ and III as shown on t~ site plan dated
as revised on March 28, 1~4 and to reco~end~ame to the Town
Board. _ _. ~ ~
The bond estimate f~has~ is~n the~mount of $156,000.00
with an inspect~~ a~$9,60~.
The bond estima~ is ~ th~mount of $145,416.00
with an inspect~~ ~nt ~ $~. ~
The bond estima~I is ~e amou~of $108,059.00
with an in~pecti~ f~ i~mount ~ $6,484~
Mr. Latham. Second ~oti~. ~
Mr. ~ard: Motion~ond~. All ~ f~or? ~
Ayes. Mr. McDon~d~rlowski, Mr. Latham, Mr. Edwards, ~
Mr. Ward:~~ In re~nship to final
approva~~,~-~ of.items
that st' 1 are not clearly defined on the site plan. We re going
Southold Town Plannin¢ Board 16 March 28, 1994
Mr. Ward:
Ayes: Mr.
Ward.
Mr. Ward:
Mr. Ward: Moved and seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: If we have no further...Mr. Carlin do you have
something else?
Frank Carlin: Just two questions Mr. Chairman. Now what's the
next step in the procedure, to go to the building department?
Mr. Ward: For what?
Mr. Carlin: For the Burger King, what's the next procedure?
Mr. Ward: Well that's going to be up to the applicant as to when
he would file with the Building Department at this point.
Mr. Carlin: Oh I see, thank you.
Mr. Ward: Anybody else here tonight like to address the Board in
public session? We will be holding a work session immediately
afterwards for those that would like to stay. If not, do we have
any other comments from the Board. Do we make a motion?
Mr. Edwards: I make a motion to adjourn.
Mr. Latham: Second.
Seconded. All in favor?
McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.
Opposed? Motion carried.
There being no further business to come before the Board,
meeting was adjourned at 8:15 P.M.
Respectfully submitted,
Martha Jones
Secretary
the
0H~A_ItLES P~. OUDDY
~om~¥ A~ LAW
180 OLD COUNTRY ROAD (RTE. 58)
RIVEEHEAD, NY 11901
March 15, 1994
Town of Southold
Planning Board
Main Road
Southold, NY 11971
Attention: Robert Kassner
RE: Application of Cofam Realty
Dear Mr. Kassner:
In accordance with the request at the Planning Board work session
on Monday, March 14th, enclosed are proposed Covenants and
Restrictions. Please advise if you wish any changes or additions
to be made.
Very truly yours,
Charles R. C
CRC/pc
Eric.
DECL~-R~TION OP COVENANTB
This DECLA~ATION made and dated this day of March,
1994, by COFAM REALTY, a partnership with an office at 4623A
Sunrise Highway, Bohemia, New York, hereinafter referred to as
"Declarant".
MITNBS~BTH~
WHEREAS, the Declarant is the owner in fee of the real
property described in Schedule "A" attached hereto and made a
part hereof; and
WHEREAS, an application for site plan approval for the
property described in Schedule "A" has been filed with the
Planning Board of the Town of Southold; and
WHEREAS, the Planning Board of the Town of Southold
deems it advisable and in the best interests of the Town that
Declarant impose certain covenants upon said real property,
NOW, THEREFORE, in consideration of the premises, the
Declarant declares that the above described real property is held
subject to the following covenants:
1. There shall be no buildings or structures
forward of the front line of the building shown on the approved
site plan.
2. No further building, structure or other
improvement may be made at the property described in Schedule "A"
without the approval of the Town of Southold Planning Board.
NAR I6t994
These covenants shall run with the land subject to the
right of the Planning Board of the Town of Southold, with the
consent of the Declarant, or the Declarant's heirs, successors or
assigns, to amend, annul or repeal the foregoing covenants at any
time.
IN WITNESS WHEREOF, the Declarant has executed this
Declaration the day and year first above written.
COFAM REALTY
By:
(Stanley Cohen)
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On this day of , 1994, before me personally
came STANLEY COHEN to me known to be the individual described in
and who executed the foregoing instrument and acknowledged that
he executed the same.
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P, O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 15, 1994
Charles R. Cuddy
Attorney at Law
180 Old Country Road (Rte.
P.O. Box 1547
Riverhead, NY 11901
58)
RE: Proposed Site Plan for
Burger King Restaurant
Main Road, Mattituck
Zoning District: General Business (B)
SCTM# 1000-122-7-3.1
Dear Mr. Cuddy:
This letter will confirm the Board's review of the above
referenced project with you at its work session of March
The following was discussed:
14,1994.
2.
3.
4.
Outdoor light poles will be twelve feet high.
Shielding will be provided on all outdoor lighting.
Dumpster to be moved to west side of property.
A new ground sign will be developed.
In addition to the above, you will develop a covenant and
restriction indicating that any future additions or improvements
will be behind the set back line of the proposed building and
will require Planning Board approval.
If you have any questions, or require additional information,
please contact this office.
Sincerely,
Robert G. Kassner
Site Plan Reviewer
cc: Thomas Fisher, Senior Building Inspector In Charge
March 9, 1994
Dunn Engineering Associates
66 Main Street
Westhampton Beach, New York
11978
Attention:
Vincent Corrado
Dear Mr. Corrado:
Our Case No. 90-393
Bur~er Kinq
Route 25, Mattituck
Your January 21, 1994 Submission
Architects February 7, 1994 Submission
This is in regard to the site plans for the referenced project
which were submitted to this office for review.
We are in conceptual agreement with the proposed site development
and roadway improvement plans however, prior to issuing a New York
State Highway Work Permit, the following items must be addressed:
1. Revise the pavement cross-section as follows.
Item 403.1701 Should be 2 1/2".
Item 403.13 Should be 2"
Item 403.11 Should be 5"
Item 17304.1011 Should be 6"
2 o
The pavement saw cut should not be made full depth as shown on
your plans. The saw cut should be made 1' 0" to the inside
edge of the concrete pavement to a depth of the existing
asphalt overlay.
o
Temporary tim]Der sheeting is required to prevent undermining
the existing shoulder and composite roadway during placement
of the drainage items. Reference the sheeting to our item
numbers.
4. Install P1-7 "No Stopping" signs along the site frontage.
Dunn Engineering Associates
March 9, 1994
Page 2
Kindly submit four sets of the revised plans, permit fee and surety
bond (sample enclosed). It is also mandatory that protective
liability insurance be provided by the permittee. This must be
accomplished by submitting a completed Perm 17, Certificate of
Insurance, in accordance with Option A (form enclosed), or by
submitting the fee specified below to be covered under the NYSDOT
Blanket Policy. All checks issued to the State of New York mus~
show a Federal Identification Number All correspondence must
refer to our case number.
Permit Fee (Payable to "State of New York"): $550.00
Bond Amount: $100,000
Insurance Fee: $175.00
Any questions pertaining to the review of this site plan may be
directed to J. Lentini at (516) 952-6020.
Very truly yours,
ORIGLNA L SI.JN~D BY
JAMES O. FREIN
Regional Traffic Engineer
JOF:JL:JS
Attachment
cc: Valerie Scopaz /
GHA1RL~S It. GUDDY
ATTOi~NT~Y AT LAW
180 OLD GO~J~T~¥ ~0~ (RT~. 58)
~IV~mD, ~ 11901
February 28,1994
Town of Southold
Planning Board
Main Road
Southold, NY 11971
Re: Application of Cofam Realty (Burger King)
Gentlemen:
Attached hereto are certified receipts evidencing mailing of the
Notice of Public Hearing to property owners pursuant to Section
100-254 of the Southold Town Code.
You should note the applicant's continuing objection to this
hearing as unwarranted, improper and contrary to law.
Very truly yours,
Charles R. Cuddy~'
CRC/pc
Encls.
AFFIDAVIT OF SERVICE
BY CERTIFIED MAIL
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
PATRICIA A. CLARK, being duly sworn, deposes and says:
That I reside at 800 Albo Drive, Mattituck, New York, and
am over 18 years of age.
That on February 23, 1994, pursuant to Section 100-254 of
the Southold Town Code, deponent served the Notice of Public
Hearing for site plan approval for a fast food restaurant to be
located on a parcel of land located on the Main Road, Mattituck,
New York, on adjoining and across the street property owners, as
more fully set forth on attached list, by certified mail, return
receipt requested, by depositing a copy of the Notice of Public
Hearing, enclosed in a securely sealed wrap with postage thereon
prepaid, with the Clerk at the U.S. Post Office in Riverhead, New
York, addressed to the persons named on the attached list.
Sworn to before me this
23rd day of February, 1994
Patricia A. Clark
ELLEIV CLARK
Notary Public, S~ate of New
~**~mic:,~ion ~..X~ir~t,~°;k Count~
ivIAR 8 199z
NI~NJ~r~DNi~ TOWN
BOARD
GHA/~L~$1~. GUDDY
ATTOI~N~Y AT
180 OLD GOUNT~¥ i~OAD (I~T~.
RIVIr~I-IE~, ~N'rY 11901
February 23, 1994
Dear Property Owner:
Re: Application of Cofam Realty for Site Plan Approval
(Burger King)
On behalf of the above-named applicant, and in accordance
with the Town Code, this is to advise that a public hearing
will be held before the Planning Board at the Southold Town
Hall on Monday, March 7, 1994, at 7:30 p.m. This public
hearing is in connection with a site plan approval for a fast
food restaurant to be located on a parcel of land located on
the Main Road, Mattituck, New York, and is further identified
on the Suffolk County Tax Map as District 1000; Section 122;
Block 07; Lot 3.1.
Very truly yours,
CRC:jme
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Charles R. Cuddy
N AR 8
SOUTHOLD TOWN
PI. ANNIN~i BOARD
P 82~0 873
Certif ed Mail Receipt
No Insurance Coverage Provided
mmm Do not use for International Mail
Mr. Farvey Bagshaw
Street & No.
New Suffolk Avenue
, Fattit~k, N~ York 11952
I P°sm~e I I ~. -.
,P 27 110 874
FCertified Mail Receipt
NO Insurance Coverage Provided
Do not use for International Mail
~ (S~ Rever~)
Se"~m Jodan I~lding Corp.
c/o Brisotti & Silkworth, Inc.
Street & No,
Post Office Box 1448
State & ZIP Code
Fattituck. KL~ York 11952
P LB27 11D &75
,~._.Cert~fied Mail Receipt
~ NO InsUrance Coverage Provided
~mmmm~; Do no~ use for International Mail
,~ (See Reverse)
Sent to
Stype Brothers ~al Es~ce
Street & No.
Fain Bead
PO., State & ZiP Code
~titt~. ~ York llqfi?
Restricted De,i~Fee
tR°e~ ~: mR e~';~ D elih°w n'~ ~
~P~ 110 870
Certified Mail Receipt
Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Sent to
(no street address)
Albany, N~w York 12200
2~2Z ' 1~0 871
Certifield Mail Receipt
No Insurance Coverage Provided
~mmmm~m~ DO not use for International Mail
(See Reverse)
Sent to
Mr. & Frs. Ernest Wilsberg
Street & No.
3 Oceans West Boulevard 5B5
Re, State & ZIP Code
Daytona Beach 5hems, Fla 32118
Cerfifidld Mail Receil
No Insurance Coverage Provid
Do not use for International Ma
(See Reverse)
Sent to
NFB Developren~ Corp.
Street & No.
9025 Main )~Dad
P k7 110 867
Certified Mail Receipt
Insurance Coverage Provided
Do not use for International Mail
~'"~ ~,~A (See Reverse)
;ent to
Mr. & ~s. Troy ~stavson
Strset & NO.
Box 237, Kim Street
EO., State & ZiP Code
Orient, ~ York 11957
827 11; 868
Cerfified Mail Receipt
No Insurance Coverage Provided
Do not use for InternaUonal Mail
(See Reverse)
Sm~ ~ssociates
1065 hyatfc I~)ad
Southold, I'L:w York 11971
I$ .29
P 827' 110 869
Certmfied Main Receipt
~nsuren~e Coverege Provided
mmm Do not us~for ~ntemafiona~ Mail
~,~ (See Rev?rse)
Se'~ to Ns. ~igail ~ickha~
Slreet & No.
Box 718
Re., State & ZIP Code
Cutchogue, Wew York 11935
$ .29
__ 1.00
~ 1.00
12.29
P* 8~27'110 882
Certified Mail Recm~l~
NO Insurance Coverage Provid~ ~
Do not use for International Mai
~ (See Reverse)
MS. rertha Husing
Old rein l~3ad
EO., State & ZIP Code
rettttuck, New York 11952
CerHfied Fee
1.00
~ Certified Mail Receip
~ No Insurance Coverage Pravide~
~Do not use for Internationa{ Mail
,'~I~ (See Reverse)
c/o New York Regional (Iff ice
Streel & No~
1736 ~stem Avenue
Re., SLete & ZIP Code
Albany, N~ York 12203
Certified Mail Receip
No Insurance Coverage Provide
(See Reverse)
Sent to
Ms. ?~idmd Laubengei~r
Street & No.
120 Old Main
gOO
,~._Certified Mail Receipt
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Sent to
M/M Stanley J. Fliss, Jr.
Street &
~ Old rein
827'110 880
Certified Mail Receipt
No Insurance Coverage Provided
Do not use for international Mail
(See Reverse)
9dffolk Etched Products Inc.
Street & No.
1852 Old CoLmrtry I~ad
Re., State & ZIP Code
P, tverfead, Ne, v York 11901
p- 827 ~110 881
~J~,. Certified Mail Receipt
No Insurance Coverage Provided
Do [~ot use for International Mail
~ (Sei~verse)
~treet & NO
7400 rei. n Road
~0, State & ZIP Code
Laurel, New York 11948
Ceriified Fee I 1.00
82 0 876
Certified Mail
Receipt
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Sent to
· . & I~-s. William (~t~mler
Street & No.
I~aus ~ad
PO, State & ZiP Code
ret~J, tLlCk. N~w York 11oF2
Postage ~
$ .29
P* ~27'110 877
.~ Certified Mail Receipt
No Insurance Coverage Provided
Do not use for International Mail
,!~L~["~ (See Reverse)
Sent to
' Frark Mdrphy Garden Center Inc.
Street & No,
Old rein
rettituck, N~ York 11952
P~tWe I
827, 110 878
Certlfied Mail Receipt
~1~'~ N~rance Coverage Provided
D~use for International Mail
(See Reverse)
Sent to
~. Jams T. Hickey
Stree~ & NO
~ 654, 535 Old rein ~d
EO, State & ZIP Ccde
Laurel, ~ York 11948
Certified Fee
Special Delivery Fee
Postmark or Oate
!
827! 110 863
(~ertRied~ / Mail Receipt
No tnsurance Coverage Provided
Do not use for International Mail
~bert (t~odale
CoC~ Stillmt~r Avonue
EO., State & ZIP Ccde
Cut~hogue, New York 11935
I$ .29
P' ~a~ 110 865
Ce~ifi~ Mail Receipt
No Insurance C~erage Provided
~ not use ~r International M~i]
~ (See Reverse)
s~.~. Parviz Farahzad
~"~ & "°. Post Office Box 532
RO., State & ZTP Code
Fd]].er P1~ce, ~ York 11764
P~ 827 110 ~66
.~ Certified Mail Rece,pt
~ NO Insu~nce Coverage Provided
,am,~.,. Do notre for Internationai Mai[
~_.~ (See ~e~-erse)
Ii'. William Goodale
Street & NO.
15 Fourth Street
hbw Suffolk, hL:,w York 11956
Ce~tifiod Fee 1.00
p &27 11~ .864
.~_ Certified I~aml Receipt
r ~- NO Insurance C~verage Provided
~ ,- Do not use for Internationai Mail
~ (See Reverse)
Sent to
~. & ~t~s. William K~akel
Street & NO
I~in ~d
PO, State & ZIP Code
?at~itt~k N~Yor~ 11952
1.00
1.00
2.29
LIET OF PROPERTY OWNERE NITHIN 500 FOOT OF BURGER KING PROPERTY
Goodale, Robert
665 Stillwater Avenue
Cutchogue, New York 11935
Suffolk Etched Products Inc.
1852 Old Country Road
Riverhead, New York 11901
Konkel, William & wife
Main Road
Mattituck, New York 11952
AMAC Inc.
7400 Main Road
Laurel, New York
11948
Farahzad, Parviz
Post office Box 532
44 Niagara Street
Miller Place, New York
Goodale, William
15 Fourth Street
New Suffolk, New York
11764
11956
Husing, Martha
Old Main Road
Mattituck, New York
11952
The Nature Conservancy
c/o New York Regional office
1736 Western Avenue
Albany, New York 12203
Gustavson, Troy & Joan
Box 237, King Street
Orient, New York 11957
Laubengeiger, Mildred & Ano
120 Old Main Road
Mattituck, New York 11952
Sunbow Associates
1065 Hyatt Road
Southold, New York
11971
Wickham, Abigail and Bressler,
Box 718
Cutchogue, New York 11935
Eric
State of New York
Albany, New York 12200
Wilsberg, Ernest & Ano
Three Oceans West Boulevard 5B5
Daytona Beach Shores, Florida
32118
NFB Development Corp.
9025 Main Road
Mattituck, New York
11952
Bagshaw, Harvey
New Suffolk Avenue
Mattituck, New York
11952
Jodan Holding Corp.
c/o Brisotti & Silkworth, Inc.
Post office Box 1448
Mattituck, New York 11952
Stype Brothers Real Estate,
Main Road
Mattituck, New York 11952
Inc.
Gremler, William & wife
Kraus Road
Mattituck, New York 11952
Frank Murphy Garden Center Inc.
Old Main Road
Mattituck, New York 11952
Hickey, James T.
Box 654, 535 Old Main Road
Laurel, New York 11948
Fliss, Stanley J. Jr. & Janice
565 Old Main Road
Mattituck, New York 11952
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 8, 1994
Charles R. Cuddy
Attorney at Law
180 Old Country Rd.(Rte. 58)
P.O. Box 1547
Riverhead, NY 11901
Re: Proposed Site Plan for
Burger King Restaurant
SCTM# 1000-122-7-3.1
Dear Mr. Cuddy:
The following took place at a meeting of the Southold Town
Planning Board on Monday, March 7, 1994:
The final public hearing, which was held at 7:30 P.M., was
closed.
If you have any questions regarding the above,
hesitate to contact this office.
e~,
Chairman
please do not
cc: Town Board
3100 Soundview Avenue
Mattituck, NY 11952
March 2, 1994
Mr. Robert Ward
Planning Director
Southold Town Planning Board
Main Road
Southold, NY 11971
Dear Mr. Ward:
Re: Public hearing regarding
proposed Burger King siting
March 7, 1994
As we will not be able to attend the above referenced
meeting we would like to take this opportunity to register our protest
against this proposed siting.
While many externally based corporations are essentially
rapacious of the towns they "develop" we believe that fast food
entities are particularly repugnant as we fail to find any
positive return especially in regards to the nutritional health of our
lower income adults and the children they target. Personally, having
an in-law who is a partner in the law firm representing Burger King we
found it galling to have listened to him last year at a family
gathering using phrases like "getting in under the wire", Southold
being "a tough nut to crack" and "making precedent".
We only recently purchased a home in Southold to escape such
unbridled "development" that has been the economic and aesthetic folly
of so many towns to our west. We look forward to investing in
Southold's future and hope that many of the initiatives of the
Southold/UK Task Force are followed through and that those who tell us
'enjoy it while it lasts - in 10 years you will not want to be here'
are wrong.
Yours sincerely,
Margaret and David Scheffs
$outhold Town
~ning Board 2
March 7, 1994
Mr. Ward: 7:30 P.M. Burger King Restaurant - This proposed
site plan is for a 3,000 square foot fast food restaurant on a
vacant 3 acre parcel on Rt. 25 in Mattituck. SCTM# 1000-122-7
-3.1. Just a little background on this particular site plan.
This particular application is in the general business district
along Rt. 25 in Mattituck. The purpose of the general business
district is to provide for the retail and wholesale commercial
development, limited office and industrial development outside
of the hamlet center business areas, generally along major
highways. It is designed to accommodate uses that benefit from
large numbers of motorists that need fairly large parcels of
land that may involve characteristics such as heavy trucking and
noise.
Under use regulations in this district, any permitted use set
forth in the Agricultural-Conservation district, any permitted
use set forth in the Hamlet-Business district, wholesale
businesses, warehouses, building material storage and sale,
building electrical and plumbing contractor's businesses or
yards, cold storage plants, wholesale or retail sales assessory
storage, wholesale retail beverage distribution, funeral homes,
train or bus stations, telephone exchanges, and there are a
number of uses permitted by special exception by the Board of
Appeals.
Hotel, motel use; bed and breakfast, tourist camps, research
design development laboratories, fully enclosed recreation
facilities, laundry or dry cleaning plants, fraternal or social
institutioned offices or meeting halls, and fast food
restaurants. Drinking establishments, automobile laundries,
public garages, partial self-service gas stations, private
transportation service and one family detached dwellings.
The base of this particular zone is a business use in the town.
The purpose of the hearing tonight is to review the details of
the Burger King site plan and not the appropriateness of the
proposed use. As many of you know, a fast food restaurant is
permitted by special exception in this general business zone.
The applicant has received the requisite special exception from
the Zoning Board of Appeals for this use and the Planning Board
is at this juncture looking at the appropriateness of the site
plan elements. Again, I would ask that you confine your remarks
tonight to the details of the site plan. If your comments are
not related to the site plan details, I'd request that you
redirect your comments or we will have to move on.
This Board is in a position of looking at a legal use that has
been duly authorized under the town jurisdiction of the Zoning
Board if Appeals which allows for the special exception.
Tonight we are looking at the appropriateness of the site plan
elements. So with that in mind, I would like to have those that
were here to address those issues to please address the Board.
And if you do address the Board, if you would please come to one
of the microphones, state your name.
Southold Town
~ning Board 3 March 7, 1994
Yvette Milender: I live in Mattituck. I wasn't aware that this
was only to discuss the details of the site plan, but I know
that we had a public hearing when McDonalds was preparing a site
plan and we did have a chance to say the way we feel. I think
many of these people have come out to discuss the
appropriateness of the site and what it means to them. And
unless there's going to be another meeting to discuss that,
we're the community. Is there going to be another meeting to
discuss the appropriateness of the site, and how we as
townspeople feel?
Mr. Ward: Well, that's tonight. We will take any questions or
comments you have on this particular site plan, and that's the
purpose of this discretionary hearing that we are holding
tonight. This has been a duly authorized project through the
special exception process of the town. It has been approved by
the Zoning Board of Appeals. The Planning Board has the right
to review the site plan, the elements of the site plan, and to
act on those issues; and we are in the process of doing that.
Tonight's hearing is to allow the community as a whole to be an
impact on those particular issues - site plan requirements.
When we get into appropriateness as to whether this is the right
zone for this use, or whether this is where it should be in the
town, that clearly is the responsibility of the Town Board, who
sets zoning and approves zoning.
Ms. Milender: I think it would be very nice if we each have a
chance to say the way we feel about the site coming into our
town. I think that's why people are here. I think that we are
the people of the town, and I think you should want to hear what
we have to say. I don't think we're a rowdy group and I think
each one would llke to get up and say something. I have
something I would like to say. It has nothing to do with the
site plan, but it does have to do with how I felt. I was given
a chance to speak when you were considering putting McDonalds in
here. I came to the hearing and I had my say. I said it in a
very nice respectable way. I'm sure all these people will. I
think that you're doing us a disservice not to let us speak.
Does Burger King have more of an effect or less of and effect,
Or are we less feeling about this than we were about that. I
think we should have a chance to say what we have to say.
Mr. Ward: Do you have anything else? Would you like to say a
few words?
Ms. Milender: Yes. I live on Bay Ave. in Mattituck. When they
had the public hearing on McDonalds, someone sitting near me
said, and how many years has your family lived in Southold
Town? And I just want to make this very clear. Joe and I are
first generation family out here. We left home, job and
children and we moved east to this rural area - this paradise.
I travel 50 miles each way to go to work every day to my job,
because when I get home I feel like I'm living in the Garden of
Eden. I read recently that the North Fork is a state of mind.
Southold Town
ning Board 4
March 7, 1994
~O
It is a way of life that we should all fight to maintain. We
love and support our local businesses. We do our share of
restaurant eating and have never found a lack of eaterys. Let's
consider our community and let out voices be heard in protest
against this and all fast food proposals. Let's give three
cheers for our North Fork hamburgers and the Elbow Room and Half
Shell Republic and Fisherman's Rest.
Carol Birch: I'm living here a little over two months. I moved
to Deer Park when it was a two lane road with beautiful big
trees like we have on Bumpy Rd., I think it's (inaudible) Ave.
And the Department of Transportation came in and made it four
lanes and put a center island in and now Deer Park and Babylon
is fast food haven. And there was no fast food restaurant when
I moved to Deer Park, and that's over 30 years ago. I also
lived in New Hyde Park a little while ago and they had a
proposal for a McDonalds. And the town insisted that the
McDonalds not look like a McDonalds, that it be restored to a
colonial building that was originally in that area. And the
artists rendering was a sight to behold. It was beautiful. And
if you go past Jericho Turnpike now, you can see that it's a big
two story fake colonial building. And the traffic that it has
put, and the strain on the traffic Jericho Turnpike is a busy
street - but the strain on the traffic is another sight to
behold. I also, like this lady, I would like to second
everything that she said. I moved out here. I left my job, my
home and my children and I live out here and I do believe that
it's an eden. And I believe that eden is going to be spoiled.
Thank you.
Robert Goodale: I'd like to address the site plan. How high of
an elevation will this have on the entrance and egress?
Mr. Ward: Maybe what we can do, is in recap, if we take a few
of these questions, I know the architect is here, we could
address these maybe when they get a chance, to say a few words.
Mr. Goodale: Well, I'd also like to say that I'm in favor of
it. I don't drive 50 miles to go where I have to work. I work
around here and it seems that the anti-business establishment
that wants to have everything like it was here when they moved
here, once they're here, maybe the people that were here when
the Indians were here said "We don't want them either - we're
just getting clams and now we don't have anybody". So yes, I'd
like this in my neighborhood. Thank you.
Alison Murphy: I'm from Greenport. On Long Island there's no
where you can go that is as beautiful as Orient and Southold and
Greenport and Mattituck. Everything has turned into a mini
city. I'd like to be able to - years from now when I move away
- come back to these towns and see it as the beautiful, as the
woman said, an eden as it is. Why do we want to destroy this
beautiful place we have, when there are very few places that you
can go that are as beautiful as it is out here. If you need a
Southold Town P~nning Board
5 March 7, 1994
fast food restaurant that bad, then the people who want to be
there can drive the extra 15 minutes tq go to Riverhead.
Martin Geldman: I live in Mattituck. It's great to see all of
these people here - most of who oppose the restaurant. We have
alot of restaurants here and most of us have seen alot of local
people put their blood and their hearts into businesses that
have folded and closed. To me it's always been heartbreaking.
The Burger King, isn't even like McDonalds which is privately
owned. Burger King, I believe, is a corporate enterprise. It's
owned by a company in Great Britain. It's corporate management
is in Florida and we're being used as numbers. They have to
expand by a certain number of a hundred openings every year in
order to maintain their stock and CEO's and top management.
Their renumeration is dependent on maintaining the stock or its
increase. And to do that they have to compete with Burger King
and Taco Bell and just keep expanding, keep opening units. They
don't make profits out here. We don't have the density of
population that's going to support a Burger King. They have to
have these units to maintain their numbers and we shouldn't be
used that way. Thank you.
Frank Carlin: From Laurel. I'd just like to suggest that we've
been through this study for over three years now. There were
three public meetings held, and also the Board of Appeals ruled
that we could have a McDonalds here, but no fast through
window. I would suggest that we keep our comments tonight to
the plan here. We've been through this down the road for three
years already now with three public meetings. We have enough
publicity of how the people feel. They're handing out this kind
of stuff all over town Saturday. All kinds of letters went in
the paper. Why do we have to go through it again for now with a
fourth meeting for? We're here to discuss the plan. I think
that to go to a fourth public meeting on this, that's wasting
our time, and it could go on to the way hours of the night. So
I would suggest to you gentlemen, that we keep this to the
reason we're here for tonight. Because we've been through this
already for three years. And I could stand here for an hour and
speak on it, of the reasons, and everybody also knows we've been
on this for three years now with three public meetings. So now
we're into another public meeting. It seems to me that we're
trying all kinds of angles here. We just can't seem to make
it. But now that the Town Board has been vacuumed into this
thing now, let them make the decision along with you people. We
have all the information we need. We had three public
meetings. Thank you.
Michael LoGrande: I'm a professional urban planner, and I had a
few other things in life that I did as being County Executive
and also Supervisor of the Town of Islip. I was not going to
comment tonight because I recognize and respect your right as a
Planning Board to restrict the discussions with respect to the
site plan and the site plan only. But I do have to say this,
since this gentleman was able to speak up and say that enough
Southold Town P~nning Board
6 March 7, 1994
has been said already, I think that one more thlng should be
said, and that is that you gentlemen and ladies on the Planning
Board have done an outstanding job in trying to at least respect
the designs and the wishes of the community. But apparently,
there hasn't been the political will to respect the communities
wishes, because I believe that the overwhelming number of people
in the Town of Southold would rather not see strip commercial
uses...(applause).
While some people believe, that perhaps it's futile at this
point, and I recognize your patience and I think that you are
certainly to be congratulated for being patient, for trying, and
not even having the tools and the backing which with to defend
the town from the potential onslaught that these uses could
have. Believe me, I've seen them. I presided over the Town of
Islip for eight years and I know what kind of strip commercial
uses and fast food uses could do to municipality. All you have
to do is take a look at some of the communities in those areas
and I know Mr. Ward that you know them very well since you're a
planner as well. But I do have to say that there is a way in
which this community could get satisfaction. And if there was
political will, this Town Board right now, would declare a
moratorium on all of these uses, study this for one more year to
make absolutely certain that the values of this community, the
urban aesthetics, the sylvan qualities of the community will be
preserved, and that what happens today, regardless of the site
plan and its actions, or anything related to that, what happens
today is definitely going to set a precedent and there's going
to be a very, very difficult time in this town to defend from
other uses coming in. I thank you for your patience.
Linda Fletcher: I reside in New Suffolk and tonight I'm
representing the North Fork Environmental Council, a non-profit
organization for the preservation of the quality of life here on
the North Fork. I would like to address this site plan to keep
my conu~ents pertinent to that. I have two things that I would
like to say on behalf of the council. Prior to any approval of
this application, the following conditions must be met. The
applicant must agree in written form and filed with the Town
Clerk, to covenants and restrictions permanently excluding any
drive up, drive in, drive by, drive through windows and/or any
on site playground facilities.
Secondly, solid waste handling methods should be detailed in
writing. The applicant must present an acceptable solid waste
management plan to this Board. The applicant must be held
responsible for all off site garbage and litter, as well as on
site. Finally, the council endorses the comments of Mr.
LoGrande, urging a moratorium on formula food restaurants until
the Town Board has determined the appropriate zoning designation
and location for this use. Thank you.
Jim Hickey: I live at 535 Old Main Rd., so I'm the most
affected. Did you approve this plan I see on the drawing here?
Southold Town
ning Board 7 March 7, 1994
Mr. Ward: We have not approved the plan yet.
Mr. Hickey: Because I'm curious why the dumpster box is 50 feet
from my house? That's number one. What's with the fire access
on Old Main Rd.? The fire house isn't on Old Main Rd. There's
no well there to hook up to. Are you going to send a fire truck
on the worst curve in Mattituck, responding to a fire?
Mr. Ward: You're saying the break-away through the back?
Mr. Hickey: That's right.
Mr. Ward: That's only for an extreme emergency. (everyone
talking) Well it's a landscaped area. If somebody had to get
through it, they're going to get through it.
Mr. Hickey: Is it going to be locked, or is it going to be an
entrance and exit?
Mr. Ward: Essentially, it's closed off.
or exit. The entrance is...
It's not an entrance
Mr. Hickey: There is no firewell on the whole street.
Mr. Ward: There will be.
Mr. Hicke¥: Oh, there will be. What are you going to do about
the curve? If a ftretruck went around there more than 10 miles
an hour, it would roll over, or hit someone head on.
Mr. Ward: The access will be off of the Main Road. In terms of
fire fightlng and that, that would come through also, more than
likely, from Main Road, although there was the consideration of
breaking through if necessary.
Mr. Hickey: It's just to make it easy for the garbage truck to
make his pick up.
Mr. Ward: No, that's not true.
Mr. Hickey: Yes it is. I beg to differ with you.
Mr. Ward: Well that's your opinion.
Mr. Hickey: That's my opinion and now you heard it.
Kelly Cappa: I reside in Southold. When I think of Southold
and the North Fork, its a haven. It's very open and it has a
sense of freedom. Like someone said before, fast food alley is
Riverhead. If you want something, you drive a little bit
farther and you get it. We have our small town people, like our
delis, which have fine hamburgers, I must say, and you can get
them here or you could go to a McDonalds in 15 minutes like a
person over there said. When you go to Europe and different
Southold Town ~nning Board
8 March 7, 1994
places, they do think of America as a fast food, quote-unquote,
small things, we're compact. But, I don't think that the North
Fork is America, in that sense. I think that we should be
ourselves. I think that we should stand alone and show that we
are an open place and we shouldn't get leeched on to what is the
stereotypical America. And also, crime rate is known to rise
around a fast food restaurant. And I would just like to mention
that.
Carolyn Wright: I'm from Bray Ave. in Mattituck. I'd like to
address two things. One is the site plan, but first I'd like to
say like almost everybody else here, I'm opposed to it. I don't
think we need it, and I don't think we've been heard in the
past. When we said it, we were ignored. But as to the specific
site, I'd like you to consider something. There are five delis
within a two or five minute walking distance of the proposed
site. If this is allowed, you will damage all of them. You may
even put some of them out of business, and that would be a
shame, because they have been there for 20 or 30 years, in some
case, or longer. I don't think you have considered what it's
going to do to Bray Ave. I have a very good view of it from my
second floor windows. I watch people coming careening around
the boulevard and down Bray Ave. They use it as a speed way and
a cut through. There are alot of small children on that block.
You will really turn it int6 a speedway, especially in the
summer. The young lady brought up the crime rate. Yes, it
becomes another hangout. We do need things for the youth in
this town but we don't need another parking lot for them to hang
out in. That doesn't solve anything. It's not progress. If
you must allow this thing into our town, if somebody has decided
we're stuck with it whether we want it or not, and I don't think
we do, then put it in a place where there's space. The A&P
shopping center has the old Gaslight Restaurant. It's been
empty for three years. They could go in there. The North Road
in Southold has an almost completely empty shopping center. Put
them in there. The North Road in Mattituck, across from the
Wine Garden, that's partly empty, put them in there where
there's already parking lots and there's already space. Don't
turn Bray Ave. into a speedway. Mr. Hickey's backyard into a
hangout and a garbage dump. Thank you.
Mr. Ward: Would anybody else like to address the Board?
Cynthia Halsey: I live in Southold. I find trash from the fast
food alley in Riverhead on my front lawn. I don't think it's
very nice. However, if it were closer, it would be even less
so. I don't think that you should put large dumpsters near
peoples property in Mattituck because they attract vermin, they
attract raccoons and I believe Suffolk is now a rabies county.
I think that would be a very unpleasant thing to have as a
neighbor, as a possibility. Also, I wonder if you have
considered air pollution. I know our winds blow from (CHANGE
TAPE). I don't know who lives downwind, but I do know one day I
was in Southampton where there are two fast food restaurants,
Southold Town P~nning Board
9 March 7, 1994
one on either corner of the major highway. The aroma of bad fat
was sickening. If I had to live downwind of that I think I
would have a very good case of saying to you, you have ruined my
property values and possibly my health. And certainly you'd
have to clean the curtains more often. And I do think, no
matter what the site is, no matter how pretty it is or how
pretty it isn't, or what you may think of the architecture, I
think you should consider the impact it has on everybody. I
mean that's one of the things I believe is in your mandate to
do, consider the effect on everybody. It's obvious that one
ancient corporation from Westminster in England, or wherever
they hang ou%, is invading us again.
Paul Calabro: I live on Sound Beach Drive in Mattituck. Just
to point out with this area, which we all know here, but to the
people who don't know what it's all about, the biggest industry
probably is, and to quote a lawyer from Riverhead just recently
who said it's a 6 billion dollar industry, is the second home
owners in this area. On my right, they come from Glenn Cove,
across the street from Rockville Center, down the road from
Roslyn, so this area they come here for what the area is. Alot
of for sale signs will be going out quickly, if this area became
like Riverhead. You people were put in that position to make
sure that this area stays what the residents want. And the
interest of the people here should be primary, and you should do
everything possible to defend that interest. Thank you.
Franks Wills: I live in Mattituck and I've lived there for 32
years. I'd like to address two points. One, the site plan.
Have you considered forcing Burger King to put up a berm or a
mount so that we cannot see the restaurant. And possibly permit
them to put a small discreet sign out to people who are hungry
to eat that kind of food to pull off and go in there. Because,
to a g0od extent is the visual aspect of the Burger King alley.
In the old days we said go to Paramus or Rt. 17 in New Jersey
and see what this can do. Well you don't have to go that far
anymore, you can go to Riverhead. I just counted them. Fifteen
or twenty years ago it was Dunkin Donuts. I happen to like
their donuts. And now I think we have 15 fast food places east
and west, and once the new outlet center is built at the exit of
the Long Island Expressway, I'll guarantee you they'll be maybe
15 more. Let me digress a bit. Fast food restaurants, shopping
centers, malls, discount centers, in effect are like a cancer.
And a cancer is described as an uncontrolled growth. They grow
on themselves. Now let me digress and give you some
background.
I worked for many years in the heavy mining industry, smelding
industry., and in the good old days, the miners and the smelders
and the chemical plants would dig a hole, build a plant and we
would I say we, because I'm still in it - dump, discard
whatever we didn't need. We took the good stuff out and the
rest went someplace. Without being sacrilegious, and I mean
that, I would like to quote what might be appropriate right
Southold Town
~ing Board 10 March 7, 1994
now. In Luke, it says, "Father, forgive them, for they know not
what they do". Then, in those days, industry - let's be kind -
really didn't know what they were dumping. Nowadays we do. And
I'm trying to form a simile between what industry did to this
country - and I'm saying I'm still in it, I'm still involved in
the metal business - we have (inaudible) to extend reforms, and
to what we, you the Board and the Town Board, and if we allow
this, the citizens who live here, to have our area spoiled and
polluted, for what? Basically for greed. Enough said.
Mr. Ward: I've noticed a couple of hands that are up have
spoken already. If you haven't spoken, we'd like to have you go
first.
Mike DiSilvio: I'm a student at Mattituck High School. Alot of
people might not listen to me because I'm just a kid and
everything, but I like when the bell rings and we go down to
lunch and go to Doughertys and Skips and stuff like that with my
friends, because I like to get sandwiches and stuff. If I want
to go to McDonalds, I can get in a car, because we have enough
time to go to Riverhead and get a burger or whatever there. And
when you go to the movies, you already have to worry about kids
coming from other towns, and getting into fights and stuff like
that. Just think of all the other kids that are going to come
from Riverhead. Oh there's a McDonalds that we can also hang
out right by the movies. So that's going to bring alot more
problems. And like Doughertys - I don't want to see that place
go out of business because none of the kids will start going
there, and everyone else knows it. Nobody's going to go to
Doughertys from Mattltuck if McDonalds is there. It's going to
be ridiculous.
Dorothy Ninzel: I live on Peconic Bay Blvd, near Bray Ave. and
last year I did an informal traffic survey at the corner of Bray
Ave. On a Friday, between 10 and 12 there were at least 500
cars an hour going by there. When you stop at Bray Ave. to make
a left turn, and you have your signal on, the cars are whipping
around you constantly. It's a terrible corner and I just don't
see how you're going to have more traffic generated by Burger
King not making it a much more dangerous site than it is now.
And I just don't think its a safe place to have all that
traffic. Thank you.
Catherine B. Harper: I'm a long time member of the National
Trust for Historic Preservation, and I'm currently spending the
best years of my life restoring local landmark in Mattituck.
Believe me, no day tripper or local resident is going to go
hungry in Southold Township if Burger King, or any other fast
food restaurant, cannot make its home here. But the
architectural dignity, the non-commercial charm that
distinguishes us from the rest of the Island, the tlme honored
beauty that identifies us with a historic dignity will be
irrevocably compromised if Burger King and the like are
permitted to blight our streetscapes. When we the community
$outhold Town ~anning Board
I1 March 7, 1994
elected Mr. Wickham, we made the front cover of Newsday because
we dared to be different. I think this is a time when we need
to dare to be different and just say no to fast food
restaurants. The North Fork needs Whoppers like fish need
bicycles.
Agnes Dickinson: I'm from Southold. You've heard the majority
of the people here tonight and I think that the people of
Southold would be indebted to you as a group, if you would make
the recommendations to the Town Board, that they not look for
the proper site for fast food restaurants, but rather put their
efforts into preventing fast food restaurants in Southold.
Thank you.
Mr. Ward: Is there anybody that hasn't spoken that would like
to speak?
Betty Ross: I live in Cutchogue. I've been against fast food
restaurants from the first and now I understand that Burger King
is going to be allowed to build a fast food restaurant without a
drive through. But my concern is, even if you allow Burger
King, shortly they're going to say we're going to have to close
our facility because we can't make it without a drive through.
So you're then faced with either allowing them to have a drive
through or have an empty building on the Main Road. I would
like to know what guarantee the people of Southold have that
this will not be given a drive through permission, down the road?
Mr. Ward: Anybody else like to address the Board? Would the
applicant like to address the last question which was regarding
the drive through window.
Charles Cuddy: I'm the attorney for the applicant. I live in
Mattituck, New York. The last question that had to do with the
drive through, we can't have the drive through right now. We
can't have one now, we can't have one in the future unless we
come back to a Board such as the Zoning Board of Appeals,
unless we go through a hearing and get approved for that. It is
not the intention now to have the drive in. We've indicated
that. It may not be the intention in the future. I'm not going
to say it's never the intention, but its not the intention now.
We don't expect to do that. But we don't expect also, and I
think people have to realize something, its nice of you to come
here and tell somebody that's an applicant what he should do.
But this is somebody who has property, who has spent money on
his property, who pays taxes just like you and I do in this
town, and there are some things which you are allowed to do.
One of the things you're allowed to do is develop property, as
Mr. Ward' indicated, much heavier than this use by the way. This
is 3,000 square feet on 3 acres of land. You can put 30%
coverage. So the owner could put 39,000 square feet of storage,
just as an example. And I think you should realize that, and I
not digressing from the question. But what I want to point out
is that right now we're not doing that. It is not our intention
Southold Town ~nning Board
12
March 7, 1994
to do that. Do I foreclose that forever? No, I don't foreclose
that forever, but I don't anticipate that's what's going to
happen. We don't have that right and I don't expect in the
future we're probably going to get that right from this town
because they've indicated they're not going to give us that
right. So I think that does answer the question. We don't have
it. We may get it, but it's not very much (?) that we will,
even if we wanted to get it. Our plan doesn't show a drive in,
we don't have one, we don't anticipate having one right now.
Mr. Ward: Mr. Cudd¥, while you're up there were two other site
plan issues that were raised. One was on the site playground,
and the other was on solid waste management. Maybe you could
address those?
Mr. Cuddy: I'm not sure that the playground was addressing
anything but, I've indicated previously that we don't anticipate
having a playground either. For us to foreclose every
possibility, and I want to p6int something out. This is set
back, and I think some people don't realize this, 140 feet from
the street. There's probably very few people in this room that
have a house or any building set back 140 feet from the street.
So you're not going to see - the gentleman with the berm idea -
you're not going to see this. That was one question. There
were three questions that were addressed to site plan
considerations. Mr. Goodale asked a question about the
elevation at the entrance. Mr. Denis, who is the architect, can
answer that question. I think there was another question that
was addressed by Mr. Hickey, who was concerned about the
dumpster, and we'll be glad to talk to him about the dumpster.
We tried to locate that in a place, Mr. Hickey, after discussing
it with the Board. If we can do something that will improve it,
we'll be happy to improve it.
To get back to the playground issue, again its not our intention
to have a playground. We are not foreclosing to ever doing
these things, but we can't have one right now; we don't
anticipate having one. But the people would like us to covenant
virtually everything. I think we have. I was here when we had
a hearing before, some people that aren't aware of it we had a
hearing on November 15th, and at that time I indicated that
there was to be no off-site advertising and I said we would
covenant that. We will go as far as we have to go but I don't
anticipate having these things. We haven't applied for them and
certainly we don't expect having one in the future.
Mr. Ward:
on that?
On the solid waste, do you want to make any comments
Mr. Cuddy: I guess there have been several proposals on the
solid waste. I point out first of all that we intend, and I've
said this before I've said it in this room before and I've
said it in public before - we intend to take the solid waste out
of town. We don't intend to have it here. We're going to take
Southold Town P~ning Board
13 March 7, 1994
it from this town and dump it someplace else. Of course, that's
what happens to our garbage anyway. But we're going to do it,
not at your expense, not at my expense, but at the applicant's
expense. And we've said that before. And I'll say it again.
It's not going to be at the Town's expense.
Mr. Ward: Maybe just in summary, if Mr. Denis would respond
then to the question on the entrance or the berm.
Donald Denis: I'm an architect and I have an office in
Aquebogue. In direct answer to your question about the height
of the building in relation to the road, it's about 6-1/2 feet
higher than the road. So you're talking probably about less
than a 5% grade of the road up to the building. As Mr. Cuddy
did point out, it is set back 140 feet. One of the requirements
of the Town zoning is 50 feet, so you can see we are back almost
3 times larger than the required setback. And the other point
that I would make is that the density of the building in
relation to the site, it's almost hard to find the thing. It's
a structure that is about the size of a three or four bedroom
home, so it's not a large structure. It's one story. We've
done everything we can, we think, to litigate the architecture
by trying to do a colonial building with a sloping roof, put
dormers in the front, the bottom of the building is done in
brick with white trim. If you make comparisons, I've said this
once before in a public meeting, with fast food restaurants in
Riverhead or in Islip or in other towns, alot of those buildings
for example, McDonalds in Riverhead is on a piece of property
that's 100 foot wide - it's a big difference from this. Thank
you. Any other questions related to the building? I'd be glad
to answer it.
Charles Ninzel: I live on Peconic Bay Blvd. just west of Bray.
I'm wondering about the site thing. The 140 foot back, I take
it the parking is all going to be in the front of the building?
Mr. Ward: No, it isn't. It's behind.
Mr. Ninzel: What about light pollution?
Mr. Ward: Well the applicant addressed that. It
level sight lighting. There are no high poles of
Mr. Ninzel: Well what do you mean by high poles,
know? I mean, a high pole could be 30 feet.
is all low
flood lighting.
just so I
Mr. Ward: No, I said there were no high poles.
Mr. Nitzel: What is it though?
Mr. Ward: I believe the maximum height we have is
12 foot.
Mr. Ninzel: 12 foot.
Southold Town ~nning Board
14
March 7, 1994
Jane Gorell: I'm from East Marion. I'd just like to ask Mr.
Cuddy, is it, he mentioned that people who own property have the
right to develop it as they wish. I'm just wondering, it isn't
Burger King or that corporation who owns this property, is it?
Mr. Ward: No.
Ms. Gorell: Right. So, why doesn't the owner of this property
try to find a tenant or someone who fits a use that will satisfy
this town, instead of trying to insist on something that we
obviously all don't want - most of us don't want. Why not find
a suitable use for the property?
Ray Jens: Sound Ave., Mattituck. I've been in business in this
area for 28 years. Burger deli. Music to my ears. You people
are fighting something that's being built in an area that in our
town has already been destroyed. Find another suitable use for
the property? Yes ma'm, go out and do it for them. Maybe
they'll pay you. There is a need in this area, if were going to
try and build and maintain our lucrative tourist trade, like it
or not, you've got a polluted area - let Burger King have it.
There is a need Every tim~another deli opens in this area,
the next one do~s not go out'of business. Traffic. People who
drive from Stonybrook bypass all of Riverhead just to create a
traffic jam in front of your Burger King? Let's get real.
Those people are on the road already. If you eat at Skips, you
eat at any of the local restaurants, you're creating garbage.
You're not worried about that garbage. The name Burger King
scares the hell out of you. Let's put Burger Deli on it,
welcome them with open arms and take care of our tourists.
Ella Timpone: I live on Bay Ave. in Mattituck. As far as the
tourists are concerned, I just wish we could have one of these
meetings at a time when our vacationers are here. You will know
they do not want a Burger King or a McDonalds or a Taco Bell.
They come here because we have very quaint restaurants,
vegetable stands, beaches. They don't want Burger King.
They'll stay home if they want it.
Yvette Milender: I've thought of a question on details on the
site plan. When I looked on the site plan and I saw the spots
that they have for the parking, I wonder if somebody who has
come from the sponsoring agency could explain to me - there were
spots for two large buses. What buses are they talking about?
Would somebody please answer which buses they're talking about
parking in that lot?
Mr. Ward: Well, there is a spot that has been designated for
bus parking, because this type of a restaurant normally does
get, every once in a while, will get a local school bus or a
tourist bus will stop. And rather than have them park on Main
Road or any back roads, we would prefer to handle everything on
a site plan.
Southold Town P~ning Board
15
March 7, 1994
Mr. Ward: Alright, we are starting to repeat in some respects,
and what I would like to do, unless you have something else
you'd like to add, that's fine. (CHANGE TAPE)
Frank Carlin~ This is on the plan. How many cars will be able
to park in the parking lot?
Mr. Ward: Does the applicant know off-hand?
Mr. Denis: Parking requirements are dictated by the Town Code
and they're based on two calculations. One is the gross
building area, or the number of seats, whichever is the larger,
and its required to have 60 parking spaces and we've provided 56
parking spaces including 3 handicap parking spaces. And then
there was a requirement by the Planning Board to require 15
additional spaces which they refer to as land bank. It was
deemed necessary by the Planning Board that there was a parking
problem on the site that could require the applicant to provide
the additional parking. I think - I don't want to speak for the
Planning Board - but I think what they were trying to do was
they were trying to minimize the size of the parking space, but
leaving the option that they could increase it if it was
required, rather than have the cars parked on the highway.
Frank Carlin: Just a few comments and that will be all for me.
Can anybody tell me in this town, right now, where you can go in
this town right now and get a hamburger and a coke? (Everyone
talking)
Mr. Ward: Asking that type of question when somebody is going
to have to interpret this tape will be alot of fun.
Frank Carlin: You know what really surprised me. I was in
McDonalds this summer with my wife and I think this answered
alot of my questions in my mind. We were in there having a
hamburger and a coke and lo and behold here comes a school bus
in loaded with children from Mattituck. That told me
something. Why do they have to come from Mattituck all the way
to Riverhead to get a hamburger and coke? (Everyone talking).
As far as throwing stuff on the road, I have that thrown on my
road all the time now and it's not the fault of any fast food
restaurant, it's the people doing that. And we must not get
carried away with one thing like we did with the McDonalds
public meeting here. You know there are 20,000 people in this
town. We can't judge what 20,000 peoples opinions are with what
amount of people are in this room. We're averaging one to every
50 are representing the people in Southold Town. So let's not
get carried away how much Southold Town...let's get all the
peoples opinion and I would suggest it to the Town Board that we
do this by a vote. (Everyone talking)
Mr. Carlin: But wouldn't it be nice if some of our senior
citizens, and don't say there's none in this town, would like to
go have something to eat in the morning and a coke or cup of
Southold Town ~nning Board
16
March 7, 1994
coffee. Or the little league baseball teams who play baseball
at Laurel Park - the game is over, stop by for a coke or
something. Let's be practical about it.
Mr. Ward: I would like to ask at this time that we possibly
wind this up. Is there anybody else that would like to be heard
tonight that would have something to say regarding the site plan?
Carolyn Wright: Mattituck. Who owns the land?
Mr. Cuddy: Cofam Realty. It's a partnership.
Mr. Ward: Cofam Realty.
Ms. Wright: He Said it's a partnership. Who's in the
partnership?
Mr. Cuddy:
family.
Members of the Cohen family. Cofam. It's for Cohen
Ms. Wright: And Just one minor point. A couple of people have
said, you have land here you can build on it as you choose. No
you can't. Because we wanted to add a bedroom behind our house
and we couldn't do it. (Everyone talking)
Bonnie Baumann: I own the property directly across a partner
in the property directly across. You'll notice I didn't cut any
trees down. There's something very very unique about Southold.
I don't know too many places like it at all. And I think that
something - forget about what it looks like - just the name of
it, somehow downscales the culture, the. aesthetics, does
something negative to our town. And I think the majority of the
people don't want it. They want to keep the specialness of
Southold. And I think that someway it makes it like every other
place. It says something about our culture, something about the
way we feel about our property. We're not like Riverhead and
we're not like the Hamptons or Stowe. So, I think that we
should continue to fight to keep the uniqueness of this town.
Linda Fletcher: On behalf of the North Fork Environmental
Council. I'd just like to re-emphasize to the Board that if it
is within you power to have covenants and restrictions about the
issues that the council has raised, I would like that not to be
taken lightly. The applicant doesn't wish t6 have these
covenants and restrictions for the playground, for the drive
through window, or to have a plan on flle about how exactly the
garbage is going to be carted away. There's no reason why, if
they have a carter, they would have a contract with a carter,
that that contract could not be on file in the Town Clerk's
office. In order to ensure some kind of good faith on behalf of
the applicant who wants to make money here, I think this Board
should condition any approval that's granted with these
covenants and restrictions.
Southold Town ~nning Board
17 March 7, 1994
Tim Steele: 35 years ago I was born in Greenport and I've been
in many cities and towns and states around the country. I'm
happy there's not a fast food restaurant in this town. I was
just wondering, where the garbage is going to go. Shouldn't we
worry about that? It's being generated here. I don't want it
on my lawn, or where I work in my nursery, it's lawn. But the
garbage that's going in the dumpster - where is it going to go?
I'm sure maybe Riverhead doesn't want it, maybe the landfill in
Pennsylvania doesn't want it. What guarantee do we have that
it's going to go anywhere? What are they going to do with it?
Mr. Cuddy: I'm not going to be rhetorical, but maybe I'll ask
you where all of our garbage goes? It goes out of town. We're
going to take our garbage out of town. We've indicated that.
Ask us now, which this bunch continuously likes to do, ls to
have a contract to say where it's going. When we get a CO, we
will have a plan, we will tell the town...(everyone talking).
I always let you finish, at least have the courtesy to let me
finish. There's nothing in the town that says we must do this.
We're doing this because our predecessor McDonalds said they
would do it. We said we would take it out. I've said it here.
It's on record. It's on record from the last hearing. We
intend to do that. Our garbage all goes out of town. It's
become nearly a moot point at this point. But we're going to
take our garbage out at our cost. I've said it before, and
we're going to do that. And at that time we'll tell the town
(inaudible).
Ed Schwinn: I'm from Southold. I appeared before the Planning
Board about three years ago. It was not the same Board that we
have here. I was representing St. Peter's Lutheran Church and
we wanted Lilco to put, I think it was 150 watt lamp, to shine
on the church at night, to kind of keep it from vandalism and
other reasons. But the point was, the light was 60 feet back
from the road and we were turned down because that one light was
going to create light pollution in the area. Now, I think you
can make the comparison that I'm developing here. We had to
bring a number of our people from the council to come down and
fight with the Board, and we finally convinced them that if we
put a shade on top of the light, that would be satisfactory.
But it was going to kill the ability to see the stars in the
area out there. Now I think this place will be lit up alot
brighter than that. Would I would like to say is that I've
heard all evening here, all different reasons that individuals
have, but I would sum the whole thing up as saying we are all
afraid of what is going to happen. If that's all that it was,
that would be bad enough. But we all know, very very well, that
once that Burger King is in here it's just the beginning of the
end. And I would strongly second what that lady over there
said, that we would ask the Board to strongly speak to the Town
Board and make a recommendation...(everyone talking).
Mr. Ward: Is there anyone else that would like to address the
Board before we close tonight?
Southold Town
g Board 18
March 7, 1994
Richard Tynabor: I live on Indian Neck Lane in Peconic. I want
to first thank you for giving us this opportunity. This is my
first meeting, and at this point I'm a little confused. I
really don't understand exactly where you are with this
proposal, so to help me out could you give me some clarification
please?
Mr. Ward: This is an allowed use in the general business
district. This happens to be a three acre parcel in the general
business district. The applicant has gone to the Zoning Board
of Appeals where they were granted a special exception for this
use. It's allowable in the code by special exception, which
means there's a hearing at the Zoning Board of Appeals where
they review the appropriateness. The Zoning Board of Appeals
did put a caveat, or did put requirements on both the site plan
and on the building - building being that there would not be a
drive through. That it would have to be food served within the
building only. After that approval, it then has come to the
Planning Board for a site plan review. This is a part of the
site plan review process. The Planning Board has the discretion
to call a public hearing for review of site plan elements. And
that's where we're at at this point..
Mr. Tynabor: So basically at this point, there hasn't been a
decision made whether or not to have this fast food chain come
into Mattituck?
Mr. Ward: Well, there hasn't been a decision on the final site
plan as yet. But whether it's allowable in this zone, it is.
Mr. Tynabor: OK, well I just wanted to he heard. I used to
live in the Hamptons; I moved to Southold. I work in Smithtown
and the reason why we live in Southold is because of what was
said earlier - the beauty of this town. I think you have to
see, looking at the audience here you have Mr. LoGrande from the
Islips, you have young, all ages here, who are giving you a
message loud and clear. We are the taxpayers. We are saying
that we love this town, we like it the way it is and let's leave
it where it is. I'm sick of when I go cycling, picking up trash
from 7-11, McDonalds and Burger King, which is probably in
Riverhead. I don't want to see this happen to this town. I
request that you bring this message back that - to me it's a 95%
united stand that this is not what we want. And my
understanding of having a Town Board is to go with what the
people are saying, because they're the people who pay the
(inaudible). So I hope this gets back and I hope you do come up
with the right decision. Thank you.
Charles Nlnzel: Mattituck. I didn't hear anything tonight
about the site plan about the road there. What is going to
happen with left turn, right turn, exit and entrance to the
Burger King.
Southold Town P~nning Board
19 March 7, 1994
Mr. Ward: The New York State Dept. of Transportation has
recommended a left turn lane be developed. The applicant has
stated that they will do such. There will be I believe, some
shoulder improvement on the right turn lane side which would
provide access into the property.
Mr. Ninzel: Going east?
Mr. Ward: That's correct.
Mr. Ninzel: What about westbound?
Mr. Ward: Westbound there would be a left hand turn developed.
Mr. Ninzel: The Main Road has to be widened there to
accommodate that area.
Mr. Ward: That's correct.
Mr. Ninzel: And there has been a traffic review done on that
area?
Mr. Ward: Yes there has.
Mr. Ninzel: And what are the results of that?
Mr. Ward: That is the result - they're going to have to divide.
Mr. Ninzel: What kind of load do they show on that road, as far
as traffic goes? And when did they take the test for traffic,
February or July?
Mr. Ward: I don't have the details right in front of me, but
the DOT has very good information plus they did hire a traffic
engineer to review this sites, specific situation.
Mr. Ninzel: No lights involved?
Mr. Ward: No, there is not a light involved.
Vincent Corrado: Excuse me, my name's Corrado. I'm a traffic
engineer. We did the traffic...
Mr. Ninzel: What were the results of your traffic findings?
Mr. Corrado: The results in terms of what?
Mr. Ninzel: Number of cars per hour.
Mr. Corrado: For the restaurant itself?
Mr. Ninzel: Hardly that - on the road. The only other thing
that the people in the community could do is just ignore the
restaurant and not go there.
Southold Town ~ning Board 20
March 7, 1994
Vincent Corrado: I'm from Dunn Engineering Associates in
Westhampton Beach. We're a traffic engineering firm. The
estimate that the woman gave before was close to the actual
counts that we got and they were done in July. They were done
in the peak summer season. About 500 in each direction, during
the peak hour.
Jerry Woodhouse: I'm from Orient. I'm not clear on what you're
saying. Is that what the existing traffic flow is now?
Mr. Corrado:' The existing traffic flow is 500 vehicles per hour.
Ms. Woodhouse: What is the projection when Burger King goes in?
Mr. Corrado: I don't know that we want to have a debate over
the traffic study, it's the site plan, right? The traffic study
has been reviewed by the New York State Department of
Transportation and by the Town of Southold's Traffic Engineer,
by the way. The peak hour projections for the restaurant are 88
cars, just for the peak lunch time hour.
Christopher Shoskin: I'm from Mattituck. I was a little bit
late so I might have missed it. What is going to happen to the
sewage from the restaurant? I don't know if that was discussed,
and also I'd like to second the gentleman from Islip that the
Town put a moratorium on all buildings for the next 6 months to
a year and also to review the whole zoning process of the town.
Mr. Ward: In terms of sanitary discharge from the restaurant
that is the perview, and permits are required, by the Suffolk
County Health Dept. and I believe they're in hand at this point.
Alison Murphy: Is there anything that we can do that this
Burger King will not be built? Is there anything we can do to
make sure that that building will not be brought there? Because
is widening our roads and building this building worth it just
for a burger? No. Is there anything we can do?
Mr. Ward: Well, since it is an allowable use, and if the Town
does not change its present code, there is nothing we can do.
Are there any others that would like to address the Board?
Bruce Isaacs: I'm from Cutchoge. In answer to your question,
the real power now lies with the Town Board and if you come to
the next Town Board meeting, if everybody here says everything
they said tonight to the Town Board, the Town Board can issue a
moratorium and you have a newly elected Town Board. Put it on
their shoulders.
Linda Levy: Just for a point of information, the Town Board is
meeting tomorrow night at 7:30 and they have their work session
tomorrow afternoon right here in the meeting hall.
Southold Town ~nning Board
21
March 7, 1994
Mr. Ward: I would just like to personally, as Chairman and also
on behalf of the members of the Board, we have two missing
tonight but they will definitely be reading this transcript, I
really would like to thank you all for coming and specifically
the fact that we held a, as we do in Southold, a very civil
meeting and that we all have exchanges to make and points of
view and directions where we're coming from. We have heard
everything you've said tonight. We as the Planning Board have
certain restrictions on us as to what we can do. The change in
the code, obviously, you heard where that's going to have to
go. That's going to be in the direction of the Town Board. But
here again, on behalf of the Board we thank you all for coming
and your comments are duly noted.
Mr. McDonald: I make a motion that we close the hearing.
Mr. Ward: Is there a second?
Mr. Orlowski: Second.
Mr. Ward: Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Subdivisions
Hearings Held Over From Previous Meetings
Mr. Ward: Hillcrest Estates - Section 2 - This major
subdivision is for 20 lots on 22.9 acres located in Orient.
SCTM# 1000-13-2-8.5. What's the pleasure of the Board?
Mr. McDonald: I'd like to make a motion that
BE IT RESOLVED that the Southold Town Planning Board continue to
hold open the final hearing for an additional time period to
expire at the Planning Board's March 28, 1994 meeting. This is
the final extension that the Planning Board will be granting for
this subdivision.
Ben Kinzler: Mr. Chairman, the Board, I believe had previously
held it open, to schedule the final hearing for March 28th.
When the resolution was initially adopted by the Board, we had
set out with the greatest of speed and deliberation to proceed
to get the final approval done. As you know, the ongoing
problem has been one of water quality. And we've been back and
forth in terms of negotiations and if fact in efforts in
drilling the new test wells at the site and negotiations with
the Board of Health to obtain necessary approvals. In fact, we
......
L
30O'
LIMITS OF PROPOSED SHOULDER STRENGTHENING & WIDENING
NYS ROUTE 25
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FIGURE 1
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ROADWAY MODIFICATION
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LIMITS OF PROPOSED SHOULDER STRENGTHENING & WIDENING
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! I
ECTION-BLOCK-LOT TAX ~LAP NUMBERS
~AME & ADDRESS OF OSfNER OF RECORD
';'~NAME & ADDRESS OF PERSON PREPARING MAP
DATE,:.: NORTH POINT AND WRITTEN & G~PHIC SCALE
~ESCRIPTION
OF PROPERTY & INFOrmATION TO DEFINE BOUNDARIES
CATIO~ S, N~ES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS
~OCATION & O~ERS OF ALL ADJOINING LANDS, AS SHOWN ON TAX RECORDS
~JLOCATION &PURI~OSE OF ALL EXISTING AND PROPOSED ~ASEM-NTS
~COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY
~XISTING ZONING
G
~AREAS SUBJECT TO CLOODIN OR STO~ WATER OVERFLOWS
~WATER COURSES, ~ARsHES, WOODED AREAS, TREES 8" IN DI~ETER OR MORE
BUILDING WITHIN 100' OF P~OPERTY
~AVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS
.~ISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY
~ENCING LANDSCAPING AND SCREENING
~PROPOSED BUILDINGS OR STRUCTURAL IMPROVEMENTS
~FF STREET PARKING AND LOADING AREAS
~OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS
~UTDOOR SIGNS-
I .
~I..ASER FICHE FORM
Planning Board Site Plans and Amended Site Plans
SPFile Type: Approved
Project Type: Site Plans
Status: Final Approval
SCTM #: 1000 - 122.-7-3.1
Project Name: BurRer Kinq
SCANNED
APR 2 4 2OO6
Records Management
Address: south side of NYS Rt. 25, east of Bray Ave., in Mattituck
Hamlet: Mattituck
Applicant Name: COFAM Realty Company
Owner Name: COFAM Realty Co.
Zone 1: B
Approval Date: 3/28/94
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
End SP Date: 3/28/94
Zone 2: Zone 3:
Location: south side of NYS Rt. 25, east of Bray Ave., in Mattituck
SC Filing Date:
C and R's:
Home Assoc:
R and M Aqreement:
SCAN Date: