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Home My WebLink About1000-122.-7-3.1 (2) 1'. .. ., .~. /6 ~F # MORTH FORK EMVIROMWEMTAL COUMCIL Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880 January 10, 1994 ichard Ward, outhold Town Southold Town Southold, NY Chairman Planning Hall 11971 Board JAN I I ....n l~1~. Re: Burger King Restaurant SCTM# 1000-122-7-3.1 Dear Chairman Ward and Members of the Planning Board, I would like to express the North Fork Environmental Council's (NFEC) opposition to the applicant's plan to widen the shoulder on the north side of Rt. 25 instead of constructing a west-bound left-hand turn lane. We feel that such a solution to traffic congestion would pose serious safety problems. Allowing cars to pass on the right onto the shoulder limits visibility for oncoming east-bound traffic and for drivers exiting parking lots on the north side of the road, as well as for the passing driver. Accidents have already occurred in this area from just such passing on the right. If and when the north side of Rt. 25 is further developed, these problems will be exacerbated, and additional hazards will exist for east-bound drivers turning left. In addition, with the absence of true bicycle lanes in Southold, the shoulder is currently the only "safe" place for bicycle riders to travel. Permitting drivers to use the shoulder to pass on the right will result in serious hazards to these riders. At the Planning Board work session of January 3, 1994 the applicant's consultant, Vincent Corrado of Dunn Engineering, stated that this solution to the traffic issues was "less safe" than the creation of a left-hand turn lane. We agree with Mr. Corrado. We are also very concerned with the SEQR implications of any decision to allow this change of plan. Your conditional negative declaration (CND) of November 15, 1993 stat~s as condition #1: "The impacts that will result from the present lack of turning lanes shall be addressed by the installation of roadway modifications...as contained in the state Department of Transportation's November 9, 1993 letter to Mr. Vincent Corrado, Dunn Engineering Associates." a non-profit organization for the preservation of land, sea, air and quality of life printed on 100r. recycled paper ,,_..~-, - - . , The letter referred to above states, "A left turn lane must be installed as part of this project." Regardless of whether or not the DOT has changed its mind, the condition that was set in the Negative Declaration cannot be changed unless the Planning Board rescinds its CND and issues a new one. The law states clearly: "...a lead agency must rescind a negative declaration if it determines that a significant environmental effect may result from a project modification or that there exists a change of circumstances which was not previously addressed." (6 NYCRR Part 617.6 (ill The magnitude of this proposed change from a left turn lane to widening the shoulder certainly qualifies as a change of circumstances not previously addressed. Furthermore, if you rescind your conditional negative declaration and issue one with this new condition, you must allow another 30-day public comment period. The traffic issues have been one of the biggest concerns of the pUblic both for this application and the previous McDonald's application. A change in this requirement cannot be taken lightly. The NFEC understands that Mr. Corrado has maintained that the applicant would bear a three-fold increase in costs if the left turn lane is required. While the Planning Board may take an applicant's financial burden into account, it must also concern itself with the best interests and safety of Southold's citizens. We believe that in this case the safety concerns far outweigh the applicant's desire to keep down costs. We hope that the Planning Board will make its decision in favor of the solution that will provide the safest circumstances for the people of Southold. Thank you. Sincerely, Linda Levy for the North Fork Environmental Council . . ~f {)t; ,~I< January 3, 1994 Southold Town Planning Board P.O. Box 1179 Main Rd. Southold, N.Y. 11971 Dear Members of the Board, As a taxpayer I am quite concerned about the proposed Burger King on the Main Rd. in Mattituck. It is evident looking at other areas on Long Island where this type of development has been allowed to occur that the property values md taxes are seriously effected. Property values go down and taxes go up! Please, don't allow this to happen to our town without we, the taxpayers having our say. A public hearing is allowable under the law and is certainly in order! Very Truly Yours, ~~ Debbie Sidlauskas . . CG~ 'V[j~ M~~~~~~~a~M~l[H] 4J (OJ 3) [5) [H] (Q) [85 ~ ~1 ~ (Q) ~ [OJ ~(Q)lUJ1[H](Q)L[OJ D ~~W 'V(Q)~[K 4J 4J ~14J $u.tr/LE 1'2:> ~~ December 27, 1993 Mr. Richard ward Chairman Southald Town Planning Board 53095 Main Road P.O. Box 1179 SouthOld, New York 11971 Dear Mr. Ward, After thousands of hours of hard work, on the part of the people of the Town of SouthOld, to stop the fast food intrusion of McDonald's, I was horrified to learn that our zoning laws had not been changed, despite the entreaties of the people, to exclude the possibility of this encroachment on our Town's character to occur ever again! How exhausting and disheartening to now be faced with the threat of a Burger King. First hand experience has shown me that no matter how much you physically disguise one of these nutritionallY low, cost high fast junk food joints it negatively affects the soul of the town or area. In Brooklyn Heights (where I resided in the interim between my stays on the North Fork) we fought long and hard against the proposed Burger King, finally relenting due to the columned elegance of the renovated storefront. Within a year most of the unique boutiques that lined Montague Street had closed their doors due to a tidal wave of shoplifting and an onslaught of litter and our once lovely, Quaint and safe main street had become a revolving door for impersonal chain stores. Ten years later the Burger King no longer exits on Montague Street but it's destruction of a neighborhood is clear to all. I shudder to think that this could be the fate of the North Fork. With this nightmare in mind, I beg the planning board to change their determination from a conditioned Negative Declaration to a Positive Declaration in order to require a full SEQRA review. Due to the irreversibility of this action (the building of Burger King in Mattituckl, with it's long term negative culmative effects on traffic and tourism, I ask the planning board iJ . . to hOld a hearing prior to a vote on a final site plan in accordance with Southold Town Code Regulation Section 100-254, Subsection H. Government in the Town of Southold has undergone an enormous change due to the will of the people. It's time to start to really listen and create the legislation that will protect The Town of Southold's character and thus economy. AS the Governor's Task Force on the East End Economy and Environment recently stated "Our environment is our economy"! Let us start to take heed of this old adage and perhaps we can all live, work and play in the Town we envision, instead of constantly having to go to battle to staunch the flow of what has killed so many towns and areas before. Sincerely Yours, . " ~\ ~\ " APPEALS BOARD MEMBERS Gerard p, Goehringer, Chairman Charles Grigonis. Jr. Serge Doyen, Jr. SCaTI' L. HARRIS Supervisor James Dinizio. Jr. Robert A. Vi 11 a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York] 1971 Fax (516) 765-1823 Telephone (516) 765-1800 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-l01B. , WHEREAS, after due notice, public hearings were held on March 8, 1991, April 5, 1991, and November 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 questi~n, 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 are more particularly shown on the maps ' prepared by Raymond F. Fellman, A.I.A. (site plan maps lastly dated June 7, 1991; Water and Sewer Plan SP-3 dated 9-23-91; etc.). ~\ rage 2 - 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 amend their application to make same procedurally correct. (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 Exception for a proposed restaurant under Article X, Section 100-101B, subsection 9 ...." It is their application which is being addressed, although the board is aware that the ultimate intent is to erect a McDonalds restaurant. 6. Therefore, 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. RESTAURANTS BY CODE DEFINITIONS 7. A "restaurant" is defined in the Southold Town Zoning Code under Section 100-13 as follows: " Any premises where food is commercially sold for on-premises consumption to patrons . ...~~ ~\ .page 3 - Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 ~\ 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 100-9lA(7) - Hamlet Business (b) per Section 100-101A(2) - General B Business (c) per Section 100-SlA(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 containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. 10. A "drive-thru or drive-up" (the latter being a term utilized by the applicant) 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 constimption 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. There is no provision in the Southold Town Zoning code for a drive-thru or drive-up restaurant, especially by special exceptions (special permit) application. 11. A minimum of 40,000 sq. ft. 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. By reason of the fact that there is no public water or sewer facilities available to the site the Suffolk County Department of Health Services recommended that any fast food restaurant such as the one specified herein be placed upon a lot having an area of not less than one hundred twenty thousand square feet. By this application it was clearly demonstrated to the Board that, in fact, what was contemplated represented not one, but two principal restaurant uses-the first being a "Fast- Food " Restaurant and the second being a "drive-thru/drive-up" -- . ~ 'l Page 4 - Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered November ~\ 21, 1991 restaurant. The site in question as set forth above is one-hundred thirty thousand six hundred twenty one square feet. 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 entering 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 so-lid waste and its effects upon town facilities. The applicant has agreed to covenant ship the solid waste resulting from this 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.) -- ....:. ....::... ce"l Page 5 - Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 ce\ 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 paragraph #9, supra, and SUBJECT TO THE FOLLOWING CONDITIONS: ,l- 1. An emergency exit must be made available off of Old Main Road for fire and emergency purposes; .f:-. 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. d--. (,f- 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 anv chancre, in the footprint of the building requires re-app11cat1on for re-consideration, after proper notice and public hearinq. 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). BE IT FURTHER RESOLVED, that portion of the subject application as it pertains to "drive-thru or drive-up restaurant" is and the same is hereby Denied for the following reason: 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-40) 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. ~3~70-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 .a( t- \. 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 (lOO-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 (lOa-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 not deposit any of its 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(lOO-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. '~ ~? // .~ GERARD P. GOEHRINGER,~HAIRMAN /' lk RECEIVED AND FILED BY THE SOUTHOLD TOViN CILRK DATE I )3l1,)- HOUR 9,'tJ//l./tf. ~~~ ..:b~ qown Clerk, Town of SOuf'l6id -- . . ~FJL6 pf> ~ Fe.bltualtlf 9,1994 Riehaltd Waltd,Chailtman Planning Boaltd Town o~ South old De.alt Mlt. Waltd, Thi~ i~ to ~tltongllf Ultge. lfoU to lte.je.et BURGER KING'S applieation in Southold on gltound~ o~ e.nviltonme.ntal impaet. BURGER KING will ~ulte.llf adve.lt~e.llf a~~e.et Southold'~ e.nviltonme.nt and ehaltaete.lt. The. 6aet that the.lte. alte. ~e.w plaee.~ in the. woltld that do not have. ~a~t ~ood outle.t~,and the.ilt aeeompanlfing galtbage., i~ a ~tltong altgume.nt to ban the.m in Southold Town. It ean be. done. and we. eall upon lfoU to ~ind the. waif!! Le.t u~ ~UppOltt OUlt loeal bu~ine.~~e.~ ,de.lieate.~~e.n~ and lte.~taultant~, and not be. de.ee.ive.d blf the. ~al~e. pltomi~e.~ o~ woltthwhile. job~ and be.ne.~it~ to OUlt eommunitlf. Shown blf the. lte.ee.nt ~Ultve.1f the. majoltitlf o~ Southolde.lt~ want above. all e.l~e. to lte.tain the. ehaltaete.lt o~ thi~ town and the. mo~t e.~~e.etive. waif to go again~t the. wi~he.~ o~ the 86 thE town~pe.ople.. would be. to appltove. a ~a~t ~ood outle.t ~ueh a~ BURGER KI NG . t Re.~pe.et~ulllf IfOUlt~, Ck,... P ZhJ~ Agne.~ P. Viekin~on Balfvie.w Rd. Southof-d, N.V. 11971 ee: Thoma~ Wiekham ~.; :i I'l' r~ 1'''"'\ L" U 0 ,5 r; 1 .'-----'>->-'1 i Ii II FEB I 51994 II! .' 1 ... _..--I 'N . . MORTH FORK EMVIROMWEMTAL COUMCIL ~flU; Pb {($... iA'j Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880 February 4, 1994 Richard Ward, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Chairman Ward and Members of the Planning Board, The purpose of this letter is to set forth in writing the reasons for which the Council, pursuant to So~thold Town Code,Section 100-254, sub-section H, is actively petitioning for a public hearing on the Cofam Realty Co. application for a proposed Burger King Restaurant. 1. Due to the extremely sensitive and controversial nature of this type of business locating in the Town of Southold for the first time,the Council finds that a requirement of covenants and restrictions in regard to the permanent exclusion of any drive-in window and/or playground should be in writing prior to the issuance of final site plan approval. 2. Solid waste handling methods should be detailed in writing. A copy of the contract with the applicant's carter shoufd be filed with the final site approval. Additionally,the applicant should be held responsible in writing for all off-site garbage and litter as well as on-site. The off- site garbage and litter will be easy to identify as "belonging" to Burger King due to distinctive standardized industry packaging. 3. Lastly, the public as well as the applicant has rights. The right to be heard is provided for in the Southold Town . Code. The Town Code allows at your discretion for a public hearing on this site plan. Due to the considerable public interest and controversy generated by this application you .owe the citizens of Southold Town the opportunity to be heard in a public forum. Sincerely, VwIL of ~ Linda L. Fletcher . FED 4 1994 ee: Charles R. Cuddy a non.proflt organization for the preservation of land, sea, air and quality of Iffe . printed on 100% recycled paper . , ~Aa;;- ;1b ~ 350 Aborn Lane Cutchogue, N.Y. 11935 Planning Board Town of Southold Southold, New York 11971 Dear Members of the Planning Board: The object of this letter is to inform you that we are vehemently opposed to the construction and operation of a Burger King restaurant on the Main Road in Mattituck. In addition to the dangerous traffic problems this oper- ation would cause, our main objection is the inevitable incursion of other fast food restaurants. We, along with an overwhelming majority of Southold residents, correctly believe that a fast food restaurant of this type would downgrade and cheapen the appearance of the main road leading into our community. We hope that you will consider our objections when you make your decision about fast food in Southold Town. The rural charm of our community is at stake. James and Fay Small ~tl4fIb fl- 7d: AW10P !/ 1171fC --.1 ,"; , JAN 2 6,j994 " ,) ..""""'-.. A / .'\ . JOnie Wacker ) 1'c.Lt....~ LU~/~r--.....". Id""-~"{d ?/<L""';"'7 ~"4..I'<<' '(/)'-'--~..{ < (l/.y It 9 ? ( ) llL.JL.. ~... W~ ( 2455 Nassau Point I Cutchogue, NY 119 516-734-6883 C;fL."....."-'( e2.cJ.. tf 9 <( -lc\iI i t:~ ~ 0 ~ ~"t Y ? l:. () pi ~ ~ '1-0 l..u" ~... ~ e CJ ,.., "'- e ....,..,~. 4...iJ. ,,,_ ~l.<..JL7~ {f.'......, 4-flf>t.\C!.'-.'I,\.r,., ~ 6~({ ~ }U-../il<J.< ~ ~ ''It-.' i-~'- ~J- ~ f72.' ~ ex.... ~, I~ ~ f:j::>(d....,..... ...-,? ;Yo~. ..k, &..".(' f' '-<-.tJ {.' ~ ~L~ eo" -;-tz~ ~"""l LCL v:- ~b ~"""L2 J , '-'--l>p~".J'~ :. 'f''''' .....'t--""--"" ~ ~ ~D~'~ ~ ~ -t-<'4...: '" { '7 ci.s. t: 6 ~ ~\D-' S' 6L l....t:.( j)j ~ ~ Se'-'-..A,E.. ~ f'e.o,.tl (or 'I/Z.:.~.~,? ~ j~ 6~_,O "-14..,-,<-~}' - tel!:. pr-.o oS p ~<>... \. ~ <:L j 4..~ Y j d.(t 1) b ~ ~ 'k,o ....... "<.<.....b '7 /(: E h. ........ I c.. '> cI.t. '-<......1; S7 "'-k : ?c. ....- .- "22">... i' J - "-'L ~~. (/::"1, V' I"r\ : "tt.' '" 1 J- '<..J:t( J >A ~ N I d.e.. /7"~...",,",.'.... '- ILt..L <I;"LQ...z<,\~" 7 ......,CA<l(..... ~ cJ. bJ ~ to (j>1A<.. ~.... ~ /tf..~c..OtJlri: .J- u...."'1 e. ';tou... ~ "0>1 tt'......s L. ~V-6 {,~ LL~ 6~/C<r-~ h4..0 d~ f?2.EA- d..<:!..I~ J)'L<:!-~...~{." - K..",,..,,'.s WL.2.f.L...... V-e, '1~} <<L ~.€...v . . jd;fJ~ Pb ~ TIMES / REVIEW NEWSPAPERS 7785 r,1,," ROiHI PO Box 1500 r.~ol1lll1r.k flY 11952. ',16298 J200 January 11, 1994 Richard Ward, Chairman Southo1d Town Planning Board Southo1d Town Hall Southold, NY 11971 Dear Dick: Can you believe it? I'm writing again about the Burger King. I understand from Ruth Jernick that the applicant has gone back to Plan A, insofar as Main Road access is concerned. This is good. The purpose of this latest note is to request that some form of public hearing be held before final approval is given to this project. The people must be heard, even if the project advances because the Planning Board has no choice but to approve it. Thank you. Sincerely, T~on Executive Editor & Co-Publisher ~ 1319S' (he joffolk iimes. [he Nnus.1Rruinu , . RIchard G. Ward. Chalnnan George Ritchie Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edward. .:-,;-' "(lYi:"'~"~)~~ . ,77) :- ~,. "~,, :"-' :; .~... .H /$ .""t'~'-,:/' :?J , -.,~ ~1 ' -; SCOTfL,HARRlS Supervisor PLANNING BOARD MEMBERS Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Te~phone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTIIOLD Fax (516) 765 - 1823 MEMORANDUM '['0: James Richter. Engineering Inspector Robert G. Kassner, Site Plan Reviewer~ FROM: RE: Review of drainage calculations for Site plan for Burger King Restaurant Route 25, Mattituck SCTM# 1000-122-7-3.1 DATE: January 13, 1994 Please review the attached Site Plan drainage calculations. If you have any questions, please contact me at 765-1938. Enc. cc: Raymond Jacobs, Highway Superintendent . . RAYMOND L. JACOBS SUPERINTENDENT.. SOUTHOLD TOWN HIGHWAY DEPARTMENT JAMES A. RICHTER, ENGINEERING INSPECTOR Fax (516)-765-1750 (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD January 18, 1994 Richard G. Chairman - Town Hall, Southold, Ward Planning Board 53095 Main Road New York 11971 Re: Proposed Burger King Restaurant Site Plan Drainage Calculations Main Road, Rte. 25, Mattituck SCTM # 1000-122-7-3.1 Dear Mr. Ward: As per your request, I have reviewed the recent submission for the above referenced project, dated 3/26/93 as prepared by Donald A. Dennis, with regard to storm water runoff. The drainage calculations provided and the proposed drainage syst em desi gn shown is adequat e for t he proposed proj ect and is considered to meet the minimum requirements of the Town. If you have any additional questions or require any additional information concerning this matter, please contact my office. . "'."{Ji2k James A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) JAN I 9 . - /~ ~ . ~} cfwan Colla e < 2250 .Ell!. r7l . (7) r "'----- e ./erome.J)a 7l. J C, C."'h"'lue JU: (j I r. ~ , ew Cfork 1/935 1<1~ ()f~ (J" 11 ,. --- -, ;q 1'''' /(N /It-~ pJ~ e~ I f(~ 1J(j~~ T~ 1 f~~' O~ /1 fi/ w~ /)J~ ;u'14~ #jtvJ"r r;:....r '" It< ti,c- ~ .6.-<-- jd/ /J.- #- ~fh. '3 fl- I"'7Jr~ f7~5 f-- A f)t<offr, h .f! S fr 6 !tI.t--/ ~ Jt wilt ./u~ . s , RK. {?~~ ~97- !f;~14~> r~ " JAN 2 , 1~~4 . t s:au PI3 ~ 3735 Vanston Road Cutchogue, New York 11935 January 20, 1994 Richard Ward, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Ward: We respectfully request that you arrange to hold a public hearing on the proposed construction of a Burger King in Mattituck. A hearing would afford an excellent opportunity for town residents to express opinions and concerns regarding this controversial structure. Your consideration is appreciated. Very truly yours, ~~~J ~L~ - ~ Craig and Susan Lehmann . , :)v.hC fb ~ \ January 21, 1994 To: planning Board I would like to you take under consideration a public hearing regarding the Burger King Application. Thank you for your attention to this request. Sincerely, , \ I \.i__~){r'l LL \t-ICZ~ L-L_ \...) [r---- ;\...lZt__V"---Y""-L- Johanna Northam P.O. Box 1053 southo1d N. Y. 11971 765-5971 ",;? 7 "1,-_ . tj,). -r( 1f ,5ld>f/ Jz~'VI dJ ~v~-UJ fJ~~~,,~;;fK- 0u>-t:<: CJz:nA/Vl c7<i--a--Lf &r7~~-J) C}v!; If Of71 Joz/zC /{J,gU.' 1 (' aft ~ '.Je~ ~/ltL"'" v... -rf'~fYU.t- --g--', J- Y1 ,/ l 4'1vz~U/ tlY! vw I 'Y-<<(L /- 4 ~~T:,,~. ~-vzt (;L ~t u:- &x-~&~t..- a.~ J ~t- .--!-L-'t.- ~J Katberioe Lascelle . Box 1012 0( tituck, NY 11952 ~U~ _;nt.e<~r ff ",c-v-e r'-P I~../ ~>-v - ~~r f a-L-/v 1/-U- .~ IC:A~~ ~-<-all1z JAN24 . , :F <;2, ~i ~I f\Jl j, \ ': I I Ii j . f l: ~ ~ J , "! I '1 ! (1, I' "l ' j i! i ~. i I', ' r : I It M 11. [\ ~ ! \ I i'l \\.i ~, , ' ~ j7 I' 1,.1 ~ \ I . II i t I ~ ~ 1\' I:' I I ; WI' ;, t>\ ~ I j r.JI1 ~~ n I hi Ii, . I ~ \ I I I . I f I Ilk ~ I,! l! li 11 II ' tIll 411' I I ' I I I i I II . . I II \'1 I I .\ . .\1111 I I l . I I I I I I I I I " - ~ .~ I I -_. - - ~ ,.~ .,~ . . /' ~FILe f6 eK-. CHARLES R. CUDDY ATTORNEY AT LAW 180 OLD COUNTRY ROAD (RTE. 58) P. O. BOX 1547 RIVERHEAD. NY 11901 ADJACENT TO MOTOR VEHICLE DEPARTMENT TEL: UH6) 369-B200 FAX: t~161 369-9080 January 28, 1994 Town of Southold Planning Board 53095 Main Road, Post Office Box 1179 southold, New York 11971 ,fIN 3 I Gentlemen: I am aware that representatives of the North Fork Environmental Council have presented a petition with approximately 150 names requesting a public hearing in connection with the application for the Burger King site. No particular reason is advanced for this request, and I submit that none exists. SUbmitting a petition with 150 names on it in a town with 8,500 households is not only unimpressive but is an attempt by a few to control the planning process so that their discontent may again be voiced to Planning Board Members. This applicant has undergone extraordinary scrutiny in connection with every phase of its application. It has virtually gone through the entire process twice. There have been public hearings before the Zoning Board of Appeals, and as recently as November 1993 there was a public hearing in connection with the Board's SEQRA determination. The objection to having a Burger King restaurant has been uniformly the same and that is that those opposed simply do not want any fast food establishment in the Town of Southold. There has recently been a half-hearted attempt to mask total rejection of so-called fast food establishments by suggesting that such facilities be placed in another zoning district; this effectively would prohibit the present applicant from using this site and under the best of circumstances will deter and prevent all but minimal fast food operations; this is a weak attempt to avoid the legal infirmity an outright ban would invoke. Another public hearing would simply provide a forum to reiterate a position which is already well known both through the vocal efforts of the opposition as well as through written material presented to the Board. The site conforms with the requirements of the Town Code; it has received approval from the Department of Health; this Board has indicated on several occasions that there is nothing more to add or subtract from the plan; and holding a hearing would serve only to delay the process of approval. Unfortunately, the manipulation of the site plan approval process and protracting final approval is ...J ~ . . Town of Southold Planning Board - 2 - January 28, 1994 apparently a primary goal of those seeking a hearing. However, when there is no reason given for requesting a public hearing, and none in fact exists, then the site plan process becomes perverted by simply allowing delay. I submit that the Planning Board of the Town of Southold should not be used by any group to further its own ends and to manipulate the time frame for approval of a site plan. After years of review, approval from the Health Department, certification by the Building Inspector, and conceptual approval by the state Department of Transportation, the applicant should not be thwarted and the process prolonged by an all too transparent request for a pUblic hearing. Very truly yours, CJ..-t 4' CYV" Charles R. CUdd;() CRC: jme . Southold Town Planning Board 11 . January 31, 1994 Mr. McDonald: If you want to know, you can call during the day and ask for Bob and say, "Hey, what's happening?", and he'll be happy to tell you what's transpired. Wes Ruroede: Thank you. Mr. Ward: Anybody else like to address the Board before we go into a wor', session? ********************************************** Linda Fletcher -- NFEC: Do I give these to you? Mr. McDonald: Just for the record, do you want to read what it is? Mr. Ward: Due to the extremely sensitive nature of the proposed Burger King on the Main Road in MattituCk, we, the undersigned urgently request the Southold Town Planning Board to hold a public hearing on the Cofam Realty application, pursuant to Southold Town Code, Section 100--254, Sub-. section H. And there are three sheets of 11 signatures. Anything else? I guess the motions in order, and it's been seconded. All in favor? Ayes: Mr. McDonald. Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. ********************************************** There being no further business to corne before the Board, the meeting was adjourned at 7:50 P.M. Respectfully Submitted, ~J~1U~ Martha Jones, Secretary Richard G. Ward, Chairman .1"; .' .;.. . ~ NOllCIlIS HJlM8V GIVEN IhlIl ........... lDScclio\l p4o( dle Town lIN#..~,d1j"... _ he held by .he .. ........IloiInI... dle 1iioI!i\1all. MIIIIoO_ SoIdoId. Newylllt ..laid Town.. dle 7th day of '.fljidi; Mol... dle..... of dle .f~Ii(.~llioariacfor"" proposed !I1OrJOr KIat __ in MlIlIi1l<k. ill .... Town of Southoll!. CGlIIlly ofSolfo\t. _ of New Voolt. Suffolk.Co.nry Tu"Map Number 1000-122.7.3.1. The propcT!Y I'. bonIcRcI nn .he nortb by 5_1t...1:25;...........by ..... _.or ror.dy of IIriaoal alId 5.......... Jae' .... _ JIOW or for. ....J of fl. ~ Gotdm~; ... dle _ by tlII Mil!' It....: Ilid ......._by..........orror.dy Mcot- ~f:!j,.... .......w or ~dfl'liai.. .. I'i1!'Y _ ......lObo_... ....--........'.............. jjnIe....p1-~ ~ -..ry7.1994 .V_OFnIE IlM'IIOU>TOWN ~BO"'RD ItidunI G. Ward ::':'-:~~ " ,i~~.j . .111 :Wt~7~'\'", STATE OF .YORKI ISS: OF SUFFOLK) . . of Mattituck, in said County, being duly .wom, saya; that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, hu been regular- ly pubnshed in said Newspaper once each week for , weeks successively, j"opmenclng on the I 0 day of .K.b. 19ft. CHRISTINA VOUNSKI "L _ . NoIsty Public, SlBte of N_ YaItt t,U'" No. 600<1881 W OuBllfied in Suffolk County Principal Clerk (IYiiJ;;r1l/7dffiim SwomJP./hfore me this fb dayofll Jl~9~ FEB I 4 199L1 . -' . c NTY OF SUFro' ss: s,. , 'T 01' NEW YORK LEGAL NanCE Notice of Public Hearing NOT.lCE IS HEREBY GIVEN that pursuant to Sec- tion 276 of the, .Thwn Law, a pUblic hearing will be held by the Sollthold hn Planning Board, at the Thwo Hall, Main Road, Sollthpld, New York in said Thwn on t!le 7th day of March, ~. on the question of the following: 7:30 P.M. Public hearing for the proposed Burger King Ri lbranfm Milttituclt, in Ihe Thwo of SouthOld, County pf S!1ffplk, State of New Vprk. SUffolk County Thx Map Nu~l/U1OOO-l22-7-3.1. . Th....,J,lI' "'~"'.'.."', ty~.',.bo, roered on ~"'~RDad2S; on t* wea; " '1aiJd now or fiinnerlY' Of Brisotti and Silk worth, Inc., and land now or 'for~rly of E. Murphy GanIeft"Center; on the south by Old Main Roac); and on the west by lalid now or formerly of Cofam Really Cl). and land now or fpl'lllerly of Fliss. Any person desiring to be hear<! on the above matter shouldap~ at Ihe time and plachbove;;speclf!ed. Dated: Febrwiry'''', Imh BY. ORDER OF. THE SOUTHOLl> roWN "LANNING' BOARD Richard G. Ward Chairman IX.2110/94 P,tricia Wood, being duly sworn, says that she is the [eLtJl, of THE LONG ISLAND TRAVELER-WATCHMAN, a rublic newspaper printed at Southold, in Suffolk County; al,,1 that the notice of which the annexed is a printed copV, 1-,'" heen .published in saiel Long Island Trav~er-W"tchl:"ll1 ()llC'~ l'.lCh week lor. , . . , , . . . . . . . . , . . . . . . . . , . .. weeks / ,!I--r~ surcr~~sively, cornmcncing on the. . . . . , . . . . . . . . . . . . , . . , "',~,~~ ,,?f C:J &~--;;. . . . . . . . . .L-.~~----~., ... , . /. . '? <7;.. dal' of r_ "'('~~'Il In before me Ihis . . . . . . . . . . . :tb:~ ,19 /.'1. ~a~~,.~ ............................... . NOI,ary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St,te 01 New York No. 4806346 Q"lilicd in Suffolk County Commission Expires et~1 /~'1 II I FEB I A 1994 , SUBMISSION WITHOUT COVER LETTER DATE: 311lw SENDER: SUBJECT: SCTM# : GhQ/\1{ 5 Uuld Y (3 Wl}"- lei Vl;r- 122- 1-)./ COMMENTS: f,\(.va.J\Ofl tJ-ra>>Jif\t' -. . ~~ MAR 7 1994 ~ ..... . ----- -'~ - ~--. ..,- . . OOE TO TIlE ElITREMELY SENSITIVE NAnJRt OF TIlE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MA'ITITUCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST 'IHE SOUlliOLD TCMN PlANNING BOARD TO HOLD A PUBLIC HEARING ON TIlE COFAM REALlY APPLICATION PqRSUANr TO SOurnOLD TCMN CODE, SECTION 100-254, SUB SECTION H. NAME . ,(;f~~/-/J .~ C~ ;(~ ',~....... '.Y- ~14t ;;- ,,( "'/ A~ . . /;/ ~--. ..AAo :/ /0/ I' '. lx'au-" hCG/J C~.~.~~~ \ ,r.: .. \ j1 , !J //,i,l ,~~~'1""-" . '~-!"" / .t:t.. (,.~,1 <- / \ , ,," 1 ~,,:_:'... ! ADDRESS PHONE NO. L;y &T~d tf~ ,.- i),. I ,....-:". f..,J r-.J S y,_..~~..-- - -:~lf~ I) L1;;; ~-:( (- 0\ -; t) .." ../ y.. '-i; r ) , fic~/~~ dviZZA , CU:tc Leo 1 ~ " 0') q +-f ;1- LlC- ~ ldirt . l , ,i. ) jltV~ I 'J,/I t ' I Ii.., ':> ".:;.; -,'? y't: <--/t:, ,--,.J<---> / , ~."'., .. -,,,~ J~ ~~~,,/J;. tf:VJJ ~)If h< r [/ ~ - IJrwkfte/G- ~~ ~ ~-H, +"< ~ )( .. \Itlk ~~ 1-1 ~ f I> / "'t' k 2?J'-O/7' 72 L" g7~o ~Me5 jP2Ir+- , )1~ .. J\S~ ~ ---' C" . . DUE 1'0 TIlE EXTREMELY SENSITIVE NAWRE OF ,TIlE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MA'ITIIDCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST 'IHE SOurnOLD TCMN PlANNING BOARD 1'0 HOLD A PUBLIC HEARING ON TIlE COFAM REALTY APPLICATION PqRSUANT 1'0 SOurnOLD TCMN CODE, SECTION 100-254, SUB SECTION H. ~hmmo~~Jr-'(~)~ B~S~{lI)d La, <<t{";\thL:o~ I. t{ QV1 h C'/517~ NAME --7 Cl ^ou {' f: L~ X/ ~, . / ' ./ .". ~,....-# v.:: '- wL4':-....--~- 0 /-<---- '. tl^.1/o1 ~~v~ .?2!-4,/'1.7!''0 , '/, // { '. ~(~\-\" ~, c!t (); ; ADDRESS PHONE NO. er,g - &c><J- 970 If !II!", IV",<;; /f.,1 . }Yfr - 7)16 ,(;ll('.Y - V,. y y 7/ I~; . /- !(( V }c./?- j '7-r ( {():-';, i / I , 7'::>cJ~~/ _~/l---=/I,y.,-,:. / ") 5" v. " ..~ ';>- 0\ () .l /' -' ,..) ~f\l\ J I' U\.. -Rcl. '{\\ ~, J... J .. L_/}.~~cr C-:k~h-/. /( /" ~ O,k'~ll kl u,.-ldc ~ (':~- J. , I ttt1Ajl/t4~ . ej /2L;&! '-:,C'lQ ~:L.(i. ~..... dUO i!,lr.1 ti.1 ~. '-I . :'V)_w--() :}(~1,' S\.. (\ :z l-{A-rTI1l"U:' 74S- ~33,/ "--' 2 t; j' . i 1 . <.- II z. ;: ~- go( cg:' " . . OOE TO TIlE EXTREMELY SENSITIVE NA1't.m: OF.TIIE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MA'ITIlUCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST 'lliE SOUl'HOLD TOWN PLANNING BOARD TO HOLD A PUBliC HEARING ON THE COFAM REALTY APPLICATION PQRSUANT TO SOurnOLD TOWN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS . ~UJ:' ,_yi/IL"..~~,,) Lr ~ k ,1Jtr;4 elZ pOf~/Cf<~ . ft~-Lr(;;tZ;:;;'P-:-71 '/ , f9. Dof lfo~(.. lW\-\4\tvc.....t-.. ~. l\q~-.}.- . ;./tf~ ,";;~r f': ,/- :.qto (~/ ,.1ltJ.{ ~7 '. ? :, ~\V\'\vvV~ t'P. ~ ~'tl rN:.",,\vC.. ~ .\6 f I~.)c( l'i\tMi~,( oj ~t:~~-, ~fl- t' --U 2p51. f .1!ktflC.-.- ,;)riY7fV<-<.. 3&0 j,.~ I! a(f /.1 .~~~f~:At 29ls hup& lJr Jv~ ~ r ~" ~ , . ;).d~ul Y-1!;r/1MJr/I;;r; /[fltJih\ laM [JuliA 4t~t t1t'SttlD-J .~~ 1iJ~~ PHONE NO. 027 J? - 5: ,;r{p rj , &,S-:'S4-JI j. f? - 52.7,'/ J.tjg - 35"03 ~')~ . d.~l(, )tro{ 1...1'1";,; If I) - tl i?? ) A C{ y- s ')<(1 2 '-I !I. S' cA:"S 21f-S1Y( ?CfK' - LfLl Z~ c21 f. q 3PLf- . . I I,' '.1, OOE TO 'lliE ElITREMELY SENSITIVE NATIJRE OF,,'lliE PROPOSED BURGER KING ON 'lliE MAIN ROAD IN MATIIlUCK, WE, 'lliE UNDERSIGNED URGENTLY REQUEST 'ill!': SOurnOLD 'ID-JN PlANNI~ BOARD TO HOLD A PUBLIC HEARI~ ON THE: COFAM REALlY APPLICATION PQRSUANT TO SOurnOLD'ID-JN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. L1~t:A- ol. F\$\'C.~ ~ ;=Jq I kIelAl SU1"'Fc:s..L.IC:.- IlqSfo '::f-34- Co 1:~ 0-~~ -~)'L}' ? '{)%Y) j1t~ tL (fr-1 (([1;/1 r(!t vuf___ ~~ 'C~J )JfydrJ./ Ib CD> <?sj ~/ ,~ !f)i1' ( J^~^ l. \(-JJ , '~?~ ~ 757 ~ b 3')( \ 7 q . --pC' (iY\.,\c i I tis/? 7(p )', 3&.)'~- 7 Ie) Bcx 2 7/ ~7h?!/?( /f171/ ~2 rco~ 1 f\ Path Jh; tJi,jjd ~~ LJ 1(\( / /171 . tG:-<'-<).<io/ g(o ?'f' -SJ7.(; S-, 0 - ?i?,j- 35?c; 7-2- 7$/-5'11';/ , 3J33fG,r:. f1 I ( 111%V liLt 12L~ l::1-e.. \~ 2b!: ~>>"( Ii/tv,;: N L. AI ,...----'1 0U3A"-l ,1 t' I iI/ .' . I l.:."C/'-Io: b/ ','-- c<~ r'-" / ' rn\~\ \.\ .\/IN 1>o~ 37-2 urtd\ocl,{f 'Ny 11115 . . . ill' ,i.1, '.1, OOE 10 TIlE ElITREMELY SENSITIVE NATIJRE OF,.'IHE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MATTIlUCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST WE sournOLD 1UoJN PlANNING BOARD 10 HOLD A PUBUC HEARING ON TIlE COFAM REALTY APPUCATION PqRSUANT 10 SOurnOLD 1UoJN CODE, SECTION 100-254, SUB SECTION H. NAME AlDRESS PHONE NO. ~Q ~ ~ \\ ~ )J QN) \\~ h, ~ ) ~ u tA..--t ~old <] ~~ -if I J'-. iY!cfJIIJhf8t( (;/1,) }!/c-,1/0RY/JtJ5 ~()I.NJtC;UJ 76~/~~S- 2Ja~f2 ~~~ ~<t1'~ //~~ 54/~~~5J 8!:' ;;7 /1/ 7//_g:/ n ~i/ ~ /1 / -'/ c-- ~~ 7$~X ~;~~5(/ /'-. _~:'#J /;/J - S Y( r ~~6ct<C8 ~-Z- ~ ~/F~cx770J-szrll ,~Wm,~~ ;iAUA^-.~ ~ 1i/J1!l/llfJf;(ac~~ /~ ~fJ-i aJt; VC'"t y-.... I / ( ../"1(Zll /l}IhUAJIV/JT ~U A1I/lf?/ J6S-;'Y/?? [;m ~ 6j~j{ if IlfAJ' 75;/-&7::'/ rf)/L-t-:dd'f tVv~J~A '1Jt&/LtL~?7 Y / 17' J'?- Z J'p -- y, 2 '2. v / I 11 p ( ) +7'1-IGI~ 3d?? -~~r . . OOE TO TIlE EXTREMELY SENSITIVE NATURE OF ,TIlE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MATTIWCK, WE, TIlE UNDERSIGNED URGENI'LY REQUEST TIlE SOurnOLD'lOON PlANNING BOARD TO HOLD A PUBLIC HEARING ON TIlE COFAM REALTY APPLICATION PqRSUANT TO SOurnOLD'lOON CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. sitJ-7 ' yr>T ;2;}.;X) '?l (\ h fU 0'\, ( LAC','\ cy iJ L ~. r;:;00 ~ ~ ~~D<t ^ ^'" :5~"" ""(1:><'..." L.n ,"5^~",lr1? r ;j~~k-~ ,. 'f{~(j/~~' '. (1;1-b~) ~t1-U A1~ .1f~ ~ 7~~~L?~ .~<-, 'S~<~ I .~)~ %\ckJ)~u dJ. {,S-/~cl3 BI. &. ~1J1Cl/lAn-' &0 ~. (lj, ;JffL7U~1 ~(, ,~. oL.u, TJd /17)J 6i7-l{ kJ~~ <j- ~ //?t{tj 22i) S-~ D~ s (jU~~ a)~ Sh:jwaJ/\ S~)f .j~ C>".... ; ~ ltJ <<-~"-u.. ,~~ , .~J~p- 01 '-( rr /'-14... oS .t...~ r 7::. ~ J (-l u... l~'" 'yt' ~ lm' 502-'1 ISO lltkeVIM ~t'_ ~i1lttTIO}\. \LLll'" 7'-1/'0 6(~~ S':rtcct~11~11 . . ! I ~', ,J. : I , '. I, WE TO WE EXTREMELY SENSlTIVE NATURE OLWE PROPOSED BURGER KING ON WE MAIN ROAD IN MATTITUCK, WE, WE UNDERSIGNED URGENTLY REQUEST WE SOurHOLD 'IDtJN PlANNING BOARD TO HOLD A PUBliC HEARING ON WE COFAM REALTY APPLICATION PqRSUANT TO SOU'lllOLD 'IDtJN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. c;- t)/~I/(IH ,~/;ft14 t~ 11M 101 1m:. oI~ '.r- !~ _!J}~ ~J{,'bpJ1 - \! 0ra1rJg, AMM~ ~ lo;).?V\~t\.H C9f)oP?'i- //q~Aj - ~4~ & ~ L_ ;/~ /Zar iLfrt? -7" !J iW4 IV ~rw fffJ G.-*4 } 3'f - 6 8" ~-3 ~wtJ~ II I' r( . I~ ....~ :,) ~ _ v/)v~/1- /r:-c{ CDC(~Ce.~ L '-' 715-:)Y.;-0 ~ ,.-g~~ ~ ~ d-1~~~'1(~ rYnoJJ 6()K lf3b SOuTHOlJJ jJf 765 ~ / q 73 >-/9 i'P'P'<'1udj p tf &tfP 'f 777 7b 7~ .31!D~~ ~,t /l1{1/ 146 51)-:}) 0l/i;;15nl1ff2- [4- 11-1r~~ //fJss:' Itj\\ ~cJf.P)rffA. . (:Pu<j/;j~ tifT! 1 // \~ .-- . , . . ~ i (1 , 'I OOE TO TIlE ElITREMELY SENSITIVE NATURE OF;,TIIE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MATIIlUCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST TIlE SOUI'HOLD TIMN PlANNING BOARD TO HOLD A PUBUC HEARING ON TIlE COFAM REALlY APPLICATION PqRSUANT TO SOUlHOLD TIMN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. -::fd\N OLSSo~ SoI..A..-\\\olO 1 65-l0i2- 5 Ct/ JC-ij IJ(i Vb- ?J Y- 6'ft'rf PHr/ g OIJW'StJ~ .12: tOO p.~ KEtz-'1Z.. \ ot>...::J 0Jlci40DUC. 7"Z-2- - S 7<00 t 1Ift:l-~LC< ~ .(1~ '--A-TI <~.... ~ L b ,l,..~- U.... 3 ; . ~ .~ \1))" V\I.- ~ {/ () Is)' ~rJ R~d, '~'1 llr6 E~\c 3111 K~~ J fauif rfW >'-ijCro vI.::- 73cl_ 7.3/(5 134-~6~ 1J1- t)fj - . C v{~~ C/A ;;/ch~vU-( (lUTe l. 0 rlA...-<L o '73-'-/- &979 c ~( ~"\oC--\J.Q f34~ iSqU 13t!~ ~i eU{~1v9j{0 I < . . ,ill, OOE 1'0 THE ElITREMELY SENSITIVE NATURE OF"THE PROPOSED BURGER KING - ON THE MAIN ROAD IN MATTI'illCK, WE, THE UNDERSIGNED URGENTLY REQUEST THE SOurnOLD TaoJN PLANNING BOARD 1'0 HOLD A PUBUC HEARING ON THE COFAM REALlY APPUCATION PqRSUANT 1'0 SOUlliOLD TaoJN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. ~~~r(f~- 7J;dh~~c~ 0. WtltfTJ J RJc: liDlck <?(Q~, ~ c~,fd -, o/<1r- 3PcVO ~ c;- ---L<., ~ (j/cx-.J X ~ Q -c \'\~S~ ~ rl)C0.1 Jd~- -J;;~. d~ '\--- , ~J~yL ~rL.-iif!~? ~ ~~V/,~ ~ G.Jz:.(~ ~'K r -UbJt 1f.d- -)J 1f-7J96 --p~ '-\ I ) Gt.G:, 73l/ -55.3 i/ 7Z? - 'Iq if'] fJ~ ~(Q L /fow- ~f7I/L Cu Atv r.-- d - 7 '-; V 77/7 r 73yC-,;)sY9 , /3~_~?3/ , , ~~.nfl, /:YJ/~ '1) c.f- ~~ I} -~- Y-'/)/P . . OOE TO 'lHE ElITREMELY SENSITIVE NATURE OF..'lHE PROPOSED BURGER KING ON 'lHE MAIN ROAD IN MATIITUCK, WE, 1HE UNDERSIGNED URGENTLY REQUEST llIE SOUlHOLD JU.JN PlANNING BOARD TO HOLD A PUBliC HEARING ON 1HE COFAM REALlY APPLICATION PqRSUANT TO SOurnOLD JU.JN CODE, SECTION 100-254, SUB SECTION H. NAME . JQA/ ~4-,.fk '.J! Ih~k/ :. fC 04~'<'/(J~ [,) :. {\, Lo ~~ , I", _"" "-1',' '. ,r:'; \ 0. i..... .)'\.. ! '" \, ; .- . 11- K4/I9.5.tJlk ~{, C~~~~ ADDRESS PHONE NO. b't7)- /3S CEI'1'C~Q'2.I<G<e ;:> y~ -.s-yJS- t:7 & /< 77 i ,,/ r';),-r:td rK 73 t/-- 6(j-6) / !lox 1/ tit C41--rI,.l. ocw- 1.Jv s-<;97 , Cf'{S &e.... e1 ' CdvWJ4tfJlI 7,i~(,1{ ~s- (; ), I u1',j) #,;', )~ i) _' i' _ ,I r' ./ ~ t..I 1 G ~$)\ t" .\.1 .,:. "'t 3-l ~s U~h5e/!/&- ~.I-d&'le ~Y 7~'f-70/7 r'3:) ). C'~ Cu.XC~_119SS- !f~{ fk C! ~ ~~~ ~( ~~1rC~h .If5S~ " r. /~ .tJ9!J 6f~P~~~ LJ~1wL J'7)~ .K,.A tm (~ '1 K1'11~ . j~ t J~l Jt~. )Je>O SrJJ fL ~ ) len ( . Jrv10At1 '7JP2 ~~~, ~r 5t{fYJAUltJJ ~, (!cDM~f (f )'!i~ . &1!JcM 7?dJ",-,,~ (7C,~,,!~. OM<Ik0-€j/95J- ~3, '1~l4-~U~~_ (JD,~ 147 ~~o_ ,. . . . OOE 1D THE EXTREMELY SENSITIVE NATURE OF.THE PROPOSED BURGER KING ON THE MAIN ROAD IN MATTITUCK, WE, THE UNDERSIGNED URGENILY REQUEST TIlE SOUIHOLD'lOON PlANNING BOARD 1D HOLD A PUBLIC HEARING ON THE COFAM REALTY APPLICATION PQRSUANT 1D SOurnOLD 'lOON CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. d-.9'P- S-d--(. Y ~7Z;;/J P 9 / MdI~ ~~ Pi ct!, YJ ~ ~ '"d-- " 1\/ '. 7 ,/.(L{?pC?w-' J /U~A/ ~ ~U#-~ A v ~ < . /J~'-- lYr.v/~---./ -$ c l:- ., I~ ({ ;"-y'vvt \..- ~ 13'1--t:, 7/0 /7>> 1/1> I /1' ct ~!I ")'. {r, ,.(,t /l/?t-6{~ 7tu' 71 /1. l! ) Ci.1t1. /..foe, tr f f !II- ,v. -- 73'-/- "Ill '{-3 1-1 ~.[ f.-! \;l m ?i -fr/~hul \ /vl/ ( I ..- ,3y~- !:71:,), , .. . . DUE TO TIlE EXTREMELY SENSITIVE NAWRE OF TIlE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MA'ITIIDCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST llIE SOUTHOLD lOON PlANNING BOARD TO HOLD A PUBUC HEARING ON TIlE COFAM REALTY APPUCATION PQRSUANT TO SOUTHOLD lOON CODE, SECTION 100-254, SUB SECTION H. NAME t& :;r w J}7:: -,.- / .......... J / . -// . .r_~ ._)-...-' ''''''\,;''- -- '. '. M,e)11+f.iL '"BOil fl-c, 1// G.Ah j) v// 0- --i~d / / U , I ,-, f I I) t' rIA_ .~ 'if ,',(.{(C ~ ;it~ ..... ) ~ 1l--r1-,{.- /J ' ~ '-r .L_ /) V,--r,v (1 ADDRESS PHONE NO. f6 ~o~ hrJJ J " ( I ~ ~ cr J ~ V 1'6 ) L, L- ,'-;r ,.. L .. . y7 - .~- ....; /''';/ "6'b ),. , -, C" '/F --.J~~ ;;O\{ J-'I L( {AJ-J ^ ~ r- - if ;)r;--r (~D( mftfb:b&[e- m~?s:r(5 /1l.JtC ry6 fO(~qb~). ((0 8-01(. ~'JJJ ~. ,;l1-g~Jj!i70 )~Lk. ,~51~-- ~ '/-i I( -{ i /J cj..-.. .' /1U'7W' //,1, f/ :f,'- <'__ I L,f<; / I; !-_ I r' , - "7 ,. .-, - /. --f- _JO-C2.. M 1.1) ~ 7t7(' ~?_~p rcJ}o '-/.57':.-, fnll-<-r-;!u<,r<, rCIf-ffl Y . ' ". . \(~ 'or, ~)~ y . (."t /J'/ ~' DUE TO TIlE EXTREMELY SENSITIVE NAlURE OF ,TIlE PROPOSED BURGER KING , ON TIlE MAIN ROAD IN MATIITIJCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST THE SOUlliOLD TOON PLANNING BOARD TO HOLD A PUBLIC HEARING ON TIlE COFAM REALlY APPLICATION PQRSUANT TO SOurnOLD TOON CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. Lu:U ".'.~ ~, ~IL &ft~ U~*fr .~\.\~ ..~6 .~cd~ .{PtI ~ . J()h,J lo~! K.1e..~/oJ LA-. C::.pi. , pox f7 Ti' HIt71//ldK AJ Y <:::t'55-L~~ ~ vf\JI,"\~"'(.\L . 't l~ OJ,rr 540 ORCt-fr/f2t;) sr AlEwS()Fro~ /JY u#t...lsT J'lf Ilrr A-~ J {I'r Mt &u,l L- /(J-v f~ ~ (/dvi'4( . . Wj/;/ t/ Iv L, !J- /6 . ~rA {i99 ~a~h~S--" ~kck ;)1C(-9bO; OP~ ~~ /C' -' /'J J JV18 '..iJ l 1.4 JJ c7QG--t,(y) <'.:':C , i iT 'tUC1L1 .y, ~~ ~ !~r~of(f-( :j)A, OOE Af2b tt:/ /1) 7? /:LT t qQ-- . . . , .1;', . i ',' 1 . \f , DUE TO TIlE ElITREMELY SENSITIVE NATURE OF"TIIE PROPOSED BURGER KING ON TIlE MAIN ROAD IN MAITI'lUCK, WE, THE UNDERSIGNED URGENTLY REQUEST TIlE SOurnOLD 1U.-JN PlANNING BOARD TO HOLD A PUBLIC HEARING ON THE COFAM REALTY APPLICATION PqRSUANT TO SOurnOLD 1U.-JN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. Y\1l ~ J.lDI,t,~ {' ~~A.1lI ~~~ to .. .. /tJ.~ !(,,( C2uT~~ 1'1' t' / ?3'3 f6~& ~-d1 It'~) ~~ l U( --7 Cl l ' ..r-.1P;~ (L,- ~ ~~~ -~~ ~A-~~ (ItJ I r- ~. n d;C ~ /1 Mp~ \~111(~ /?O'&k. 1/1 &Jt.v&/I?/~# MV ~gol) ~ ~U tt,.f-t~C ;t19:,- 5/p/k> . . ! 'I ; ~, . i ',' 1 , \1.. DUE TO THE EXTREMELY SENSITIVE NATURE OF"THE PROPOSED BURGER KING . ON THE MAIN ROAD IN MATII1UCK, WE, THE UNDERSIGNED URGENl'LY REQUEST WE SOUlliOLD TCMN PlANNING BOARD TO HOLD A PUBLIC HEARING ON THE COFAM REALTY APPLICATION PQRSUANr TO SOUTI-lOLD TCMN CODE, SECTION 100-254, SUB SECTION H. NAME (jy~n4ur~ ) 0", IA~HI' 1u(Jjj~A Y ... . .-- ADDRESS PHONE NO. th_, ;";fiIi7 io /It.IJG )//.r { .. . . ------ --~ -.. . .. Qv-c~J., ~. ~oJ1\~u~K, ._1~~.~~.?_~ \ \^ .---( 1"3~-cJ(" lJ , .. (\ '- ~ K ~ \)L~')q-'v~uo-'1 So_~~.t.Q iu/;M/t__7/!~_9JiJL ~~ ! ~. --- n~j hu~ _u~~ / 'j~nH 7 0!;~ )"1'23 ...(~ 1tL.dkd 'kw. L.J1m 73tj-t(P'1f~ _om . n.... / jJ' ~f[ ('~ ~t. ~~ {T" .. .. .. i/So () c)f?dT 4;<- 04 ,;/// Ll 4n: p,/'7l.(?([z ~ _ li.::J.G Ill!'], ::r (jJ tEe.rJ rI' t~ j. fl --I f3 (;D p a 4:: c j7( "':1:: . ~ c1l JorrlJ2@~ v Q_APor~ ~_ Z('~~ ~~ --""J' ~- .:;7"........ IJ . . , . I ; ~ . i ',I I , '. I , DUE TO 'lliE EXTREMELY SENSITIVE NATURE OF,,'lliE PROPOSED BURGER KING ON 'lliE MAIN ROAD IN MATIIWCK, WE, 'I1iE UNDERSIGNED URGENTLY REQUEST 'lliE SOUlliOLD TOWN PIANNING BOARD TO HOLD A PUBLIC HEARING ON 'I1iE COFAM REALTY APPLICATION PQRSUANT TO SOUlliOLD TOWN CODE, SECTION 100-254, SUB SECTION H. o NAME n ADDRESS "f:A1M~ J J1co A\/""" '301) WlMJ1 1/1 Ja~ / 13 Lj -' 1 f( 1 ~ . - r' ~) 1----~---GuJt'~- ____nun. . - v l\ / \h f K ,("IJ tJ fJ.:t e J 1" :J-q/ /' )y~ J {5~'C~m- ~-- V\Ui{u\Ju.Q.;-iJ11\1L~;t/- D?f 5 -;,-~ . 1Ju\:k~~~~;:~~~~J~ j,~ ...... '..M\Wfl' T--my .... - IT un ------- -. 'v PHONE NO. .~.~ ~~~ /fl a (} - '" .Ill.. V. ____ I . 7 J ~ - bt:l~_ 5"r1'(tA.J~~T2..~"'- O~r/b - V/(/ c:..-/7~ /~ ~~/ ~ /- /~ --- 71 -__~7\- ..-----------:-- _n_______ n . - ___ - u_ - . -i/~JL~-~~U. ISlIcl.~ ~~t!:2)3 tI {m@~ f6~5~ f Q;.A~~ g~/J'r~_B,'_/.2// 0!~~e0,6:zYl/N . . 11(\ ,j '," ,"', DUE TO THE EXTREMELY SENSITIVE NA'lURE OF"TIlE PROPOSED BURGER KING. ON THE MAIN ROAD IN MA'ITITUCK, WE, THE UNDERSIGNED URGENTLY REQUEST TIlE SOurnOLD 'IDtJN PlANNING BOARD TO HOLD A PUBLIC HEARING ON THE COFAM REALTY APPLICATION PQRSUANT TO SOurnOLD'IDtJN CODE, SECTION 100-254, SUB SECTION H. ~-~ / / --.... ;k'a 'yT./, tOm ~~5aJ ADDRESS PHONE NO. 37 ~931 ~&vs I .. .. 1/ .. f J 'ff/J (!Ll.t.;t~.t? 11/;/ tl/ 2./30 PI Nt . (r<1Ce ~ ~. 'l:?i-P -/'5?re - / 728"- tJ')?? . '731/ ~ Sd.o:; ~ ~q, ~nl- t&5CJr-z:-L___~o.h woad. CiJT'ch _ 73 f--G7f~-j _ (J . .. . ~hc.rlefl:J)eAfl'ie/tJ_~~/~'<I1fl4 JI1l'ie /II SJ!clk '13,/-7P-93 ___un -.... ... . ./ -. -J . . . . . _~(,~.~._~5/'_~ 3'-1S-~~nf/ l~FJ!l'- . ....J ft!.~~~ffo!k 7 3L/ - ),fCJ_2. _ ~ ~ ~,;zJ>- ~a. ~ -t77-1_a._9'V' -If" .. -i---- --T------------- , -~~L._.AJIf~~~_~_C~f_d~~~ .. U/ --- U 0 1::J-----.. J~ r~tJr~.._.\D (D53 So(j~(d 7s'i-(Pg~3 1i~M . -- . -1--.nuT- $&L~ (l e//)~ -.. ( - .. 1[, Y"" If./. (r l'c/kk;v'L --- , 7 c:, 5' - 'S'c; 7/ 7 ") ~ - c, 't. <;-C 1/6) 1ltIRb SI. /~ .1,,;:,ct7Ck 731- t9()3 ~., ... . . 1/,6 fIG StubP!U .. I . ! .I( \, ,j"" I I ,-\/. _: DUE TO WE ElITREMELY SENSITIVE NATURE OF, ,WE PROPOSED BURGER KING . ON WE MAIN ROAD IN MA'ITIWCK, WE, WE UNDERSIGNED URGENTLY REQUEST 'illE SOUlliOLD TCMN PLANNING BOARD TO HOLD A PUBLIC HEARING ON WE COFAM REAL'IY APPLICATION PQRSUANT TO SOUlliOLD lUWN CODE, SECTION 100-254, SUB SECTION H. FEB ~ NAME . I)r/'~ r.Ue CLUj fJ2MIr !;'i) fA ) ADDRESS PHONE NO. } .~ 'f - .s1-'f'Y I ~ ~ r- )'frvv.k~-tl 3JJ ~OtLbl(. :s d)' of4'o Ll. /JP. J1\O N~~ ,j /j~ ;)05 OtiLlrf 15 0 ~{)~,,;s,p),j LA ? r 't - t:J~?Y- 1070 ~~.-'hQ:.H.tu.ck f0u c3-q~- 'foe. ~I- \ ~ c/./Vo (J~- (1 - 7M707t/ 1\ ~IV fJ So~ '."'''IF: , . . , . " . I 'II \ , ,i 'I ,~.I, ." '.. OOE TO 'mE ElITREMELY SENSITIVE NATURE OF..'mE PROPOSED BURGER KING . ON 'mE MAIN ROAD IN MA'ITI1UCK, WE, 'mE UNDERSIGNED URGENTLY REQ!.JFST WE SOlIDlOLD TCJ.oJN PlANNING BOARD TO HOLD A PUBLIC HEARING ON WE COFAM REALlY APPLICATION PQRSUANT TO SOlIDlOLD TCJ.oJN CODE, SECTION 100-254, SUB SECTION H. PHONE NO. NAME ADDRESS ..3?,3 - ~L M43n;~/i~ 1fj:/..tvt [0. (JJ~ yo gai S-6 \YrCOt0/c N~ V~ ~~ [Je-rt ~c-'~_ f!N~ I f,j '{ !JJ)----- rI ;I~ j)Y-I t> 54"<L/lrr/_lJrvE t!u-f(l";#~ 7'1"1- :S's-.f3 _.~ 73)'..- 77Y1 ,"<::22...\~ 73L-/ -tt L(<( fr-:d~ I ~ ( ~ a K ?~ rLryA< . rtl.~ 00",,- CG~'t,~~~ . ~.6t)0ltl d~{.d ~v.t /-()",( c,,"i(l-I-(~,€,J.:U' 7S't, ~-~-(j-t.J 02. res Lv . j) I II ! ~ Hoc ~ I H rdf I ,J Y .. C).. q r- - It (' 'j ~ t1- ~<-i6 Y ~ I:; L.j F- 51' f\JII..J ~Itfsu. ~3lf-7\{'f?!"- f,o .6.y 7) lwSifrf~ 7-3Y-{'J~) 1\,~ /l&y- CdJ~ y 11(~. f?A--l/1} . . ,', . . 1 '1\', ' i",:1 ,-\/. " . OOE 10 TIlE EXrREMELY SENSITIVE NAWRE OF"TIlE PROPOSED BURGER KING . ON TIlE MAIN ROAD IN MA'ITIWCK, WE, TIlE UNDERSIGNED URGENl'LY REQUEST TIlE SOtmlOLD 'l.UtJN PlANNING BOARD 10 HOLD A PUBLIC HEARING ON TIlE COFAM RFALlY APPLICATION PQRSUANT 10 SOtmlOLD 'l.UtJN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. (AM;kCl--v-v -t ~.""{ 35- ~ ~. ~ ) ~ Y bO t U I r/' _rh/YJ,,"d ~~~MT-n '-)L<)()~//W1J ~;.,~ .29~-.~S-~ ~ ~_-..-.- "5 'I,4L ;C/R/r ? l'f Y?''i' 5 ;:.;r;;,~,,-- t!&S- C;k~./$ ~:8Y-,7f/71 ~ ,~ PC) jJt:rtbIfS''!.ia UY (,<r~)C(~ ~ IDJ~ ~~ C~t<-P j{i 73175rcJ /J :h Jrul V1f-rr~ L\\\I~~~ ~J~~ 1---") <--. PcrJLQ~ Jntd4L~ 2f/- f7u ~l)\S ~Alll \R>e.~ ~J reAct J{'~' 7 3lf -<(()Y[) '" . . ~Fite /b //C ; ill , I, DUE TO THE EXTREMELY SENSITIVE NATURE OF;,THE PROPOSED BURGER KING ON THE MAIN ROAD IN MATIITUCK, WE, THE UNDERSIGNED URGENTLY REQUEST 'IHE SOUIHOLD TOWN PLANNING BOARD TO HOLD A PUBLIC HEARING ON THE COFAM REALTY APPLICATION PQRSUANT TO SOurnOLD TOWN CODE, SECTION 100-254, SUB SECTION H. FEB 8 I99A NAME ADDRESS Cl,J,~ ~l(L~ 1'0 ~630 ~. rp() 8,0 PHONE NO. f\')~>1t1 ' Y'l-1...'((:' Ie IV ( . ~CA.A h;/1 cV)' Po fSr:-.\(2Cf?\ ~ b6SfA.1 I1/L( .:~T;tJ~~ !qs ,)~~m~ /\ J /1/1 ~/ tl". 1/"/1 -J.;)/l _ . . n . \ f/_JI8-1u~ ~)Il~ f::. "iM-L~ 71~/L~Jn~ d47~Cul (~y 71~-lidur)~ . ~ohl\ RqbKetlk/~ ,P'O. 1301' 9'dO( /%-#:7/(../ . /1a.J-hrJfltl ~~uJ~t. ? 0 t30v 'PO ;/cuM./u~ '73- ? . z:;;/C(W ~; 1(~ Ao'/.5/3 /t) t0~ t)6 :-j----- -~-~.------- ., r . . ,', , ,I -II': ' I ',' I . \f . ' ; .,., . DUE TO TIlE ElITREMELY SENSITIVE NATURE OLTIlE PROPOSED BURGER KING . ON TIlE MAIN ROAD IN MATIITUCK, WE, TIlE UNDERSIGNED URGENTLY 1HE SOUlliOLD'IDtJN PlANNING BOARD TO HOLD A PUBLIC HEARING ON COFAM REALTY APPLICATION PqRSUANT TO SOUlliOLD 'IDtJN CODE, SE 100-254, SUB SECTION H. -.. J ~IIIIIIMJ FEB 2 5 1994 LD TOWN PlANNING BOARO NAME ADDRESS PHONE NO. n:4n ;, L;c;-fhcfrn~~iiiI ,fbd'lffn7J )7! - 'j / ~I (, . Q'l!1.u'(/ fuMJih) 1fi1 t!~1 e;;,,~ k IlTi'''^1''' /3Y-.,-J<,a ~~~ -.. .. j Uri~c 60ve tit /2 <;'<Lt.....i. t,c j/~ " tu..S-t}L~ . '" 73'f -7Vj\ So "7 ~- =r v-...J....:.. tv .<2.. ..t.. to.. '-' (~<=... .' ... . ~.~.t--; >"9. I h~ \"'" l> ~ .,- 1<2>~C.lln :j)Q<r,~'" ~~~t 1?:,)m\ zCf2 3~) _ ~~/J~d y~ , . .~ ~ / )l/~~-J~ .--{'lL.) tL JY)CljLI;~0 2oqgl) M:M1 ~d ({,(}ctw~ ~,- 87 /6-L-L k--'< '2'. ~. ~ PC) ee,y q/7 M a.-$Iduck C~""L. vVrp't ~1D'; :;';1k~ ~ Cf rg~",.r-/ 1~V -&~l'1 ..29~Y~Yj' ;::Jfr -<;{8 32. :< <t.?) -d.l&f r . . , .1\' :' ,I ',' I ,-',I, ' : .,'". OOE TO TIlE ElITREMELY SENSITIVE NATURE OF"TIIE PROPOSED BURGER KING " ON TIlE MAIN ROAD IN MATrI'IUCK, WE, TIlE UNDERSIGNED URGENTLY RE;QUf.S.T" WE sournoLD w..JN PlANNING BOARD TO HOlD A PUBLIC HEARING ON 1HE COFAM REALlY APPLICATION PqRSUANT TO SOUlliOlD w..JN CODE, SECTION - " 100-254, SUB SECTION H. NAME ADDRESS " PHONE NO. 1/7 ~ J.I-.w.n )tTtJl 0 /} PcttI. ~J 1 ~- t/ 3JCt or- t18/'11/1f ;!XI- 198-f.f"lra " II " " /I II /' }j () ;2 /,r;~ . / un I ( ..~~ ~/7'05~ ~:"k ;;C7'5'-7'53/ G~~ po Bot ('i 7 ~ c~ ~~~~~ ~5 ~(1~~~_ ~~ '~I~"2- z4.u.h}p aJ~i{, 915 NuU~ml/(/lrJ. ma!l-Ik(l!c z '1~-505Cj ?!nUl" ,!lh " 2v/!~ I~- ~ /(J ~, ~ 2$~~ ..-----"J ~ "-:;;> , (). =c-x Z(;. b' '--"--' (; fJs-o /)~ ~ 2..7''2/ ~?i ,/ l' 3c;..B " ~ , ~'~-.-----' - " I' . . " , ,. '1\'" ,1"" 1 , \1 , , . . , . . DUE TO 'lliE ElITREMELY SENSITIVE NAUlRE OF;,'lliE PROPOSED BURGER KING . ON 'lliE MAIN ROAD IN MATTIWCK, WE, 'lliE UNDERSIGNED URGENn.Y REQUEST lliE SOurnoLD TOIJN PlANNING BOARD TO HOLD A PUBLIC HEARING ON 'lliE COFAM REALTY APPLICATION PQRSUANT TO SOUlliOLD TOIJN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. ~Q / J01f;~ 1/(aLtb/ ,7?8'...sy05 ~ - ~ l3o/Ut' 3/90 fl~ (kJ/!a/!;/;d 529tf~6Z6p ~~ _ ~ti\AA \)o)C \'2&5 ~o:i:M.~L )..Ci'e) t6ly j R0()s?1L Y:Zel/JJ,l1L ql~ ;;k;125(?5~Oe DIC. c'urJ...o{#J~ 73c!706() ~ ~ \ \)~\~ ~~~~~\ ~~~\'z \~~ ''''''''-\j' ~ \ \ .~ .~....1b9'j)~ ~ )NQA.0 ~~ 1~ J,.j-f/~N"L/ & Jlr#LA . ~ /ck r; ~+J'O~'Q'V~ ff:Jo.~~ ~ ~_~~~-::~ :l~~ ,,1,B3t '7 ]'f-(, () 4-~ ~/r/ J'Cz ~ ~~-"" ~ \\. ~~ I . ~f~v~U ~,R~ ,~ IY. (l. +J;;r Nif 7~15J. c; <' f;rrt Lf 7 ~ lu cdfJ-/c ;Vi{ p-t(f5' ~y r ec?l l{7 '1 ~ tvl ).-qk~~'-II ,. ~h;'&.\- . II. '1'{.-1 ~.', , . . I l ~ . . . I"" I , ., -' , DUE TO 'lliE ElITREMELY SENSITIVE NATURE OF,,'lliE PROPOSED BURGER KING . ON'lliE MAIN ROAD IN MATII'IUCK, WE, TIlE UNDERSIGNED URGENTLY REQUEST TI-lE SOurnOLD ':f(J.oJN PLANNING BOARD TO HOLD A PUBliC HEARING ON TIlE COFAM REALTY APPLICATION PjJ,RSUANT TO SOurnOLD ':f(J.oJN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. f1'CII.1f:J,. pOv'1l61/'~,J no L"vdM\( 29"f' - <('0' ~ , ~~flAJ , --,~ (jJ~<1.U 7. ?4-SQQ? ~')\:'<:v~ TJ'rL,-~ (L~<-", <;rv1 .,c'T t:rra <<--I'-- 3t;,o',37Y t~~ a~lrl (j, h- '(j(} _\\vI-~ ~ ....&'\ ~~ ,~ /f1J~ ,;27Y7~9~ IN\.. C{, ~ ~J( Z,,?f'z'.,l7f t/C7&~;I y~~ y~~ - ~J hH/f' r CI /; j)\ \\M ~P\C--\.-\V\ ~{?~ 11 I L' - ( litJ-) J: [i/UJ...v /0, &x .2:- 'I.? - t:/b (/9' ~ Z9'6- ~'B\I tA5/A//lr . ;7#rrl/t/dC ('fl(Zb~ f).y 325=..//86 dCj ?< C (C0--r ;l.9ticr' t2J 7 31- 7'fr~ AM-TlfruC k. . . Ii': ,i 'I ,\1. " " ' . OOE TO 'llIE ElITREMELY SENSITIVE NAWRE OL'mE PROPOSED BURGER KING . ON 'llIE MAIN ROAD IN MATII'illCK, WE, 'mE UNDERSIGNED URGENTLY REQUEST TI-lE SOlITHOLD 'l"(MN PlANNING BOARD TO HOLD A PUBLIC HEARING ON 'llIE COFAM REALTY APPLICATION PQRSUANT TO SOUTI-lOLD 'l"(MN CODE, SECTION 100-254, SUB SECTION H. NAME 111h~ ~L;;:-_ . .. /f" u fJt j(f-e ;~ , .~~ _1 UVJs0 - .-.. -.'\,/ /:1ftMiY--fA 1M, ~~ L.~ J. ... { I .. }:)PIl1 J [jj -1 ! r f;Q{f7'I-1 , , . {;.l- )>'Il de ,..~) in ,fl./,/. . I -',' ;... / t-. (J# \ u.. '~c1. )/-{k (CL0rf,r ~ ~ y~ >_/JvrtW~,J V , -, ADDRESS J ~C.?7/J ~~ MaId;;;h '-1:101/ 405 SaA--{q,'.,<- bJc1 IlWf, -hAd), IV g [ )Jl cLUJu..J . /JIftv-,JJL //llv~! 'J- r / r.C<cC j , . , KT7! 1vc'( j1A Q fliJ-vc r -.2 ~ /. ,Lu 1(( f"'~1 / , PHONE NO. ,+9.5/--9-) ~.7 . ~g'2- SO 32- ~g - ::WS5" ~-gc(39 ;;Jge~(13;;3 87?-SC5S-V , 2-98 -57G~ (-~rt?r'?S )frf-- Y7?/ d ~~-627{]y ~ 9f - 5 ).. 7Y , . . . I{' ,i ,I ,'.f, OOE 1U nIE EJcrREMELY SENSITIVE NATURE OF;,nIE PROPOSED BURGER KING . ON nIE MAIN ROAD IN MATrITUCK, WE, nIE UNDERSIGNED URGENTLY REQUEST 1BE SOUTHOlD 1.'CMN PlANNING BOARD 1U HOlD A PUBLIC HEARING ON 1BE COFAM REALlY APPLICATION PqRSUANT 1U SOUTHOlD 1.'CMN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. /(vIL~do~ . /M'i' WlcLIwtNt,.. I1A1JTr.lclL. . 2.,t-Z2-3S ni)t1la f))tll ~1/ ______jj;{.d/. ..... U' ~~~~ PD~ \5;;;+ti-k~ -.- I ------- , __'~{1Av'2 r).~~ (; 14j( '; T - mIJ-T,' It; , c- - -- _~tf~Jk'~ Hod!ikcl //\, 5~~rY~ ~tdu dJ4aek ~ek !lIMn ;:'~_~_lKJ~ .... ~~~:r~ ~9\/ c2fg - y' wit L~) 2 ~ 1- 3020 'l-13'f2- A 98-::</ s:? .2 f 8- ij7S'r ,f~ti-, 7& -;;-hn<hl_~?vm ,(ry)ud Q. hztld;:cl ~ 9,;; 'sY~ I , .:/~~.vdt- ----- v r, ^ 5'1-:- fl. ,0 '/l 1\ _.~-j~ - _~I '- o I~ Jrde. ~ .,' M'L+I-I fvc..k 2!-1 J' -d/71 ~ ?--=::.. 6~ {b1,;,7 h"b ~l,~A~ il4~l1J.1A t '2-<;9 -i7'\~ tlif!;eJ.. ~c.lro..dt- 177 .<;cul"d Bvz {'{'{\),ti:'tL~. B8&dlqj /~/A$oJtL-IL /b~l~C5MCfr [lar0/kJ6-d7 73f-7!:'7~- -Aj/ l ~vtd --::/\-t-4--<'~. ~A 9JicU~ ~~ ~~cu-..,,^- \f\,\.<) ~ c , ,,-. ,_ (\1\ ~~ '\ w<C '<- (~~a.~-L_iJ)'v\'a ~\Ck-4~c[( 9,u; fn1CJ ~ Cdc!A~~ () A . I ~{ /Jt11. rtd f c~ Va )' (, -..( ',' ," . . .' ." . . .ff-,/j~~ CZ'1 (5 ~ y<J.. f~ ~ C\. 't - ~'i ~ ( . . .---..-- ?qf_LFf~~ 151-4(7(.4 1..J J.j: ___ If f) t Y " . . . " ,'.; ,'"'... . . ~'.. . . I, . . 9Jd/~- 16 fli-' ,1\': ',i 'I , \f, OOE TO WE ElITREMELY SENSITIVE NATURE OF"WE PROPOSED BURGER KING . ON WE MAIN ROAD IN MATfITUCK, WE, WE UNDERSIGNED URGENrLY REQUEST '!HE SOlffilOLD 'l.UNN PlANNING BOARD TO HOLD A PUBLIC HEARING ON THE . COFAM REALTY APPLICATION PQRSUANT TO SOUTHOLD 'l.UNN CODE, SECTION 100-254, SUB SECTION H. ~ fEB4199A NAME ADDRESS PHONELNO~:~- ... \ ldA/4 (;j,()Vg 't/ ,SJ'TIN ;gr' 32ft ~~v;? &.ker VI(\{>f''I<;\ \J\I1~) c-)ri\[>-. cu "7 <::c-I --6:s..Dh / P~9; /' r; "'-;," ), /d /~ V e).j (2 )''c"c/ {. ," '7 ~ 'y -3=/>'9 q}5 U /L'IDC'-'!+-, ~ .sOu7,f<L0 7b~--- 2060 ~ 2?Z -1 b:~~ 73y- 7 iJ(J .!J5 ~~ -o/a- - &dJ1~ 73tfL/OF . . 11\'. ,l '." ,"'.I. .: ,,"., , WE '10 TIlE ElITREMELY SENSITIVE NATURE OF,.TIlE PROPOSED BURGER KING . ON TIlE MAIN ROAD IN MATIITUCK, WE, THE UNDERSIGNED URGENl'LY REQUEST TI-lE SO\Jl1-l0LD 'IlJNN PlANNING BOARD '10 HOLD A PUBLIC HEARING ON THE COFAM REALlY APPLICATION pqRSUANT TO SO\Jl1-l0LD 'IlJNN CODE, SECTION 100-254, SUB SECTION H. PHONE NO. L~~t~ MlC 13L/-7637 3~~ 70S: eLtf'HC 73lj-7t '" fkJL 31 tMl'l'ghY rlv k/Mflt.-,'&r '[;J-gt -UC(~ r5ox/ttp rtJ<ffcFvct tV (- 2-fl ~~7~) 3({ fJ,S. fJ Wi~ 73~ - (st) ?o ~ ~(~~vV~' 13~-l~\~ .f{Y1wo~~~ ~~ ~ 7o\{-CoZ2'Y: d 7f'~ ~LI2~ l. C1:\12-L ~ r.;~\icY1-i'fL- l SGO \A1v)~tOJI d2tf)fCaCJ~CCtJ.C l*{i{((L" . . . . . . . ,II' ,i"". \.1. j, ',. OOE TO 'lliE ElITREMELY SENSITIVE NATURE OF,,'lliE PROPOSED BURGER KING . ON 'lliE MAIN ROAD IN MATII'lUCK, WE, 'lliE UNDERSIGNED URGENl'LY REQUEST WE SOurnOLD 'J.U.oJN PLANNING BOARD TO HOLD A PUBliC HEARING ON 1HE COFAM REALlY APPLICATION P!J,RSUANr TO SOurnOLD 'J.U.oJN CODE, SECTION 100-254, SUB SECTION H. (/~L 'fJ~ Cq>4kl Rq~5'1 ~~ ~( lP/^1/4^~011~ ~'-' ci;dL lew-~ ir1~ ~G-J~ I~ . P,~.l3o~i6t RL~--: 134 -fo191 . ~..~ <V':"t~ f 0 (',(t (,? S) w~, 'Ii.'( . ~'J1\~~0~~ \.-,~"A~ ~ bvcs' ~"'l ~ () ~'^) I{~. . NAME I. I. ~~ i/ t?-fA-~ ~ I /.);")0' 'i u t rfhrn LZP::7L ADDRESS PHONE NO. a&7L0 (~ll.ti &O'tcf . I ':k'1. '0 -~9 3i.(. :)3Y-~7r9' '\ ~Sc> t-Jz.s-'( c_fl,,~,n'z 73"1~C'-tc) ~~ ~ 2D () ) j l'Ieh Lq/'t' 11 f!..j '73 '/- 7fS'1 {.; ~ IIpt 1&1. S/Jlidl- ;U'~ l." It (r 00 c) Za?? t:/},-f liDO JI II Lrnc- Ce1aic 7 -~:t -{; 70/ . OrJiMDio tb5lD31 VI/!!It 66-rAfS --.-0 /vvL~~ ~,C1~- '6G/-~Y" ," " . . . il\ WE TO 'lliE EXTREMELY SENSITIVE NATURE OL'lliE PROPOSED BURGER KING . ON 'lliE MAIN ROAD IN MATIITUCK, WE, 'lliE UNDERSIGNED URGENl'LY REQUEST THE SOurnOLD T<MN PLANNING BOARD TO HOLD A PUBLIC HEARING ON 'lliE COFAM REALTY APPLICATION PqRSUANT TO SOurnOLD T<MN CODE, SECTION 100-254, SUB SECTION H. NAME ADDRESS PHONE NO. L T2~ (far-- I' . /k jfvUf4 Sf 0 b/4J.) thJ:i tV! A77;7ZC-L 1341/;{~ AO'L IZjt?/lfJJCr ~&t ZtL1V . 71tzt7Z7;~.4' ~" I' ~ &#'tUM.- o ( /" If (~ 1. c. ( ii, r " ~ ..' /'1~;J.J.v L </<1'" -<'57: w J J:::; j;~) O--rJ~ J c_ L-/tlZ-'l /A;/U..?o vtA-1I,- t~~ ~C~ ~~~h +-~ /J~ rJ~ 31''0 II ~ Y--<, /17, cilJ~A &-:~n~E-4?-h. , C-ur tAke. e..,...v <L.- J~ ~ !S~j,--/. 1ft ~~ ",( ") ~iJ() ~ I~. ~ fu8o~ -S""0,b /jJf~ LJ~~. (~. 1 ", ~ {' 'v'vI 1vv\iiJ...n-( ( C\. R Q P7VY /'-(3'-( ~~( NR..W~ ~ ~ X /\{~? Ma A'~ ,7 /\A 'S.- /lId ~ 1MRJ/1PA~ . . SUBMISSION WITHOUT COVER LETTER DATE: 2. {22-lcrLf SENDER: CJVLr le..s CwJ.1J. t SUBJECT: gWL~ ~'~t SCTM#: 12.2.-7-3./ COMMENTS: 4- pllJfi\s S Ub~, R~ fD) mOl1lmfR} Ul] FEe 2 21994 IJlj SllUTHOLD TOWN PlANNING BOARD ..... . . CHARLES R. CUDDY ATTORNEY AT LAW 180 OLD COUNTRY ROAD (RTE. 58) P. O. BOX 1~47 RlVERHEAD, NY 11901 ADJACENT TO MOTOR VEHICLE DEPARTMENT TEL: (&16) 369-6200 FAX: (1516) 369-9080 February 16, 1994 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Cofram Realty (Burger King) Gentlemen: This is to confirm the position that I have taken before the Board at its work sessions as follows: 1. My client is entitled to final approval of its application. It has received Health Department approval, certification from the building inspector, and has received, from this Board, a conditional negative declaration under SEQRA. Any additional permits or approvals, such as New York Department of Transportation, will be submitted to the building inspector. It is the building inspector who has the authority to issue the building permit based upon receipt of such approvals. 2. There is no basis for a public hearing with respect to this site plan. Actually nothing has been presented to the Board to justify the hearing except petitions from a handful of opponents. If this is the basis for a discretionary hearing then in the future you will be bound to recognize any group's upset with any site plan application and hold a hearing or series of hearings (this applicant has already u~dergone several public hearings) in order to satisfy the whims of the opposition. Factually the site plan is ripe for approval and should be approved. Legally there is no basis for holding a public hearing and such a hearing is contrary to law. 3. I urge you to promptly give approval to the site plan before you and not encourage further delays in this process. Very truly yours, (!~ i-T (2..a. Charles R. cuddy) Ix-. CRC:ejc o WI ~ FEB 2 2 1994 INO lION!{) Sl!~~, ~ KK m . . Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards ;" ") PLANNING BOARD MEMBERS l;~ (I')' \ :.; .'). . "'.~ .. ,~.....~ '..-~,{ 1 .J Town Hall, 53095 Main Road P. O. Box 1179 South old, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 --.---.",/ -------,--, PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 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 resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 14, 1994: BE IT RESOLVED that the Southold Town Planning Board set Monday, March 7, 1994 at 7:30 P.M. for a final public hearing on the maps dated December 21, 1993. Sf;::; 4 1/J Richard G. Ward "'1:5 Chairman . . ..:itI!JP'I "E:' Pi:; I!JC... TIMES / REVIEW NEW SPA PER S 7785 MolIl Roo[j PO Bux 1500 Mottltllck NY 11952.5162983200 January 5, 1994 Richard Ward, Chairman Southold Town Planning Board Southold Town Hall Southold, NY 11971 Dear Dick: Season's greetings (again). Hope your holidays were pleasant. I'm writing again about the proposed Burger King because I understand the 3D-day comment period expires this Friday, Jan. 8. This time my concern has to do with the revised traffic flow plan disclosed at your most recent meeting. My understanding is that the Planning Board's negative declaration includes two references to the original DOT plan, which called for the creation of a left-turn lane for westward bound traffic. Now, I understand, the plan has been revised, at the request of the applicant, to call for widening the shoulder on the north side of the Main Road to allow westbound traffic to pass on the right cars making left-hand turns into Burger King. As the owner of the business on the north side of the Main Road, directly across from the proposed Burger King, I find this alternative unacceptable. We have a serious traffic situation already, with left-hand turns out of The Suffolk Times parking lot presenting a major hazard a good part of the day. In fact, one member of our staff, Sue Miller, suffered severe injuries in an accident at this very site, and it was caused by a car traveling on the westbound shoulder. Under the revised DOT plan, this hazard would be exacerbated with a significant increase in the number of cars driving on the shoulder. Additional accidents are inevitable under this alternative. Our first choice, of course, is no Burger King whatsoever. But if you do allow one to come to town, please make it under the condition that the company meets all requirements -- including adherence to the original conditions set forth in the Nov. 9 'lht jnffolk 'limes. IDtr NfUls.lruirw JAN 6 . . letter from DOT to Burger King's engineering consultants. Burger King can afford to do the right thing, and the employees of The Suffolk Times and The News-Review (and others traveling on Route 25 in Mattituck) can't afford more accidents. Thank you for taking our concerns into consideration. Thank you. Sincerely, Troy G stavson Execut've Editor & Co-Publisher PS: If, in the future, the Planning Board allows development of the three parcels to the east of The Suffolk Times, I hope you will consider the installation of some form of common access driveway parallel to the Main Road, with one or two curb cuts for all four parcels. Particularly if you allow Burger King to come to town, four curb cuts opposite a Main Road fast-food restaurant would have disastrous implications, too. If necessary, we would be willing to abandon our access to Route 25, or share the existing curb cut with our neighbors to the east, particularly if it means improving safety on this stretch of highway. Thanks. . BO~49 Sailor's Needle Rd. Mattituck, New York 11952 January 1, 1994 S/A.8Fit.&" P6 ~~ Richard Ward, Chairman Soucholo Town Planning Board 'i'own Hall Southold, New York 11971 JAN 6 Dear Mr. Ward: As long-time residents and ~axpayers of the hamlet of Mattituck, Town of Southold, we once again petition the Planning Board. We ask that you fullfil your duties to protect the character of the Town and its quality of life on which the townspeople's economic viability depends. Your recent action, i.e., the negative declaration with regard to the siting of a fast food establishment (now Burger King, yesterday McDonalds, tomorruw i'i j completely disregards t..he heal ttl and economic well-being of the residents of Mattituck and sets dangerous precedents for the en"tire Town of Southold. We ask that you rescind the Neg. Dec. and undertake a full environmental impact assessment to ascertain that this proposed action will not adversely affect our health (increased traffic and carbon monoxide, increased burden toSround ane surface waters, etc.) safe"ty (traffic, crime, etc.) economic well-being (impact on property values, tourist economy, etc.) We ask you to take a hard look at other areas where fast food establishments have contributed to the degradation of a neighborhooQ and recognize that once the North Fork tiecomes another Rocky Point, the tourist economy and property values will disintegrate. We also ask that you recognize that environmental impact assessments and the public hearings that are part of che State Environmental Quality Review Act are not to be taken lightly. They are for the purpose of investigating effects on the overall environment (not just spotted sala- manc:i.ers and spartina). Based on "the hiscory of Long Island, it is our opinion that the ;1amlet of Matdtuck, an.d indeed, the entire Town of Southold, will be forever changed by your ne9~tive declaration. By that action, you tell ~he people of Mattituck thac their health and economic well-being mean nothing to you and the Town government you represent. If th~s ~s not the case, we ask that you, and the Board engage in some long-range planning to help restore that part of Mattituck that has become a dumping ground. With your vision and departmental expertise, the entrance to Southold Town could be restored to its former scenic beauty and truly be a fitting ga..:eway to the Town. As for your concerns regarding a law sui~, legal precedent in the State of New York ensures your right to protect our health and welfare. We en"treat you "to ensure "tha t sound planning prevails. Call for tne SEQRA process and full EIS on "the Bu;:-ger King proposal. And then, use your office to petition the new ~own Board to make sure that this cannot happen aqain. c.c. Southold Town Board Sincere~~ $.R. ~'".iner~, Ef.=> ~:.~ eanne P. Marriner ------~._.._- r~~w:~J~\! lhursday, November 18, 1993 'nlfld 'if/ages oj" (;/"I'mHU"" Burger King Back on The Front Burp R Board Atffon Revives Project '* *' " ~ ~ SOUTHOLD - The Planning Board Monday set the stage for final approval of the town's first fast-food restaurant, over the protest of about 40 residents. As lead agency for Burger King's application to construct a restaurant on the site formerly proposed for a McDonald's in Mattituck, the Plann- ing Board declared that the project would not have a significant impact on the environment. The decision means that a lengthy environmental study will not be required of the ap- plicant, Cofam Realty, which owns the Main Road property. Two years ago, the Board of Ap- peals approved McDonald's ap- plicaton for a special exception use to operate a fast-food restaurant but I denied its request for a drive-through I window. Burger King has no plans to '_. operate a drive-through window, and the Appeals Board has ruled that its approval for the fast-food restaurant "runs with the land;' Some had hoped that the Planning Board would require an-indepth review of the project to open up the process for public hearings. North Fork Environmental Counci I spokesperson Linda Fletcher said the board's decision "cut off any further review" and would "open the doors for other fast-food chains. cc:::;: -+,o....ntc...,.......::J"'oo'T1 ~D t::~ ~~;.ggt::~o n'-' ~ - ~ 0 (;l .-+ n ~- ~ C:?::1 V> ~ n -+'::r: ~ ..., 0 rO ::::I t:: ..., 0 n 8- ~_ 5' ""~O-" ::l:l~~g-+,::J'" 0." _(JQ ~ -+, n -' V> ::::I 0 -+, p.l::J'" l'r;) ~~ p.l' ~ n V> _ n 0 ~ 6' 5. 'Vo- ~ cc ::J'" tJ '" 3 p.l 0...., -... ao Vl.... 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'/' p.lo.- ~ :::l"" ~ 0 -..., 0:::' n ~ _. , ;;;;;" n ~ r; cr - ~ f'D 8 : p.l ;:; ~. ::J'" n ~ _ ~ ,............,... fJ] Vi ~~ 'J1 0.- t.:I tJ r.n 0 (") ~ ::!... ~ c 0.:::- 0. 0 0.. C ~ 0.. 0 ~ :::l 0 ..-: '< ..., C ..... p.; 0 -- 0.. p 3 ::l "d (JQ 3.. 0 c.. 5- ...... nl n::::l ~ 6.;:g o ~ '2.;' :; ....., ~ ~ 0 p.. g . :: .-+ qq :::;. (i 0.. n. -..::: ....... & .., ::;' p:: S, n::;' ::J ~ Jg "d 'Jl- e;. "d ::;:: /1l 5. ~ .:; g 3 a ~ .... o ~ o. 0 0 "0 (JQ 0.. -+, n t.:I p.l {JO 0 r;:g::::ln,<og,<CC~f'D:::l ~ ~ ;:!. ~. ~ g fi- -::. ::J'" S ~ :;;A:l ~ ; r; p;. n Vl;;;!l ~ ~ <': ~ V> (S. 0, u .fj - a:€ p.. -< 0 0::J ~. ...... - ~.o. --~ ~ f'D..., ~ 0 < ~ 000 7:::l 5-oo.~rpa..o..~a.. ::::IF@ Others Follow? "Get ready for Pizza Hut, Taco Bell, Roy Rogers, and Wendy's;' said Fletcher. "Get ready to look like Route 58. "This was a crucial decision for the towl1.,md there are a lot of people that are goiIlg to be very upset about this;' fi.nl5-~o.. onoa'~~;~.n~ i n..::: ~ 0 .... ~ 0 fJl _, .., 0 _ ~~.aUt::~~~~!~p..~.o.-~~ '" _. a'::r'.., (1) '" 0.' '" no.. ro '9 t.:I< Y'_ :€ .... < (;) n """'\ ~ ... '< _. ..-:..., _ 0::r't1l, n~:::l_",_o~p.l....o..fJl -+, n a'::r 0 :g f'D p.l .., 0 ii!' -.:::l ::r' 'l> ~ C t:: - u 0.. ~ ('0 ~ "'i g 0. /1l p.l _, ::: a' -.:::l 0 :::::-:::- 0...0 n P _ ..... 0.: 0.. " 0 -o.qq :::l n V> t:: n P u t.:I ~ _ -- ~ ~ n 0 0 :;::0 0 ;=:-' p.l - ~ -"":::l:€~::::lPp.lV>':jn(1) ...,::JPi' "'p..qq......,.....t::"d-pp.l:::l p.l(1)..., ~- ~ ~::::l '" :n~ n -- p.l 3 :=;- t.:I :€ 3 a' 0.. f'D ~ ~ p..Q ~::r:::l V> 0'< n t.:I /1l 0 . "d:::':~~(;) 3(JQii!'0.::J"'~V>C:;t.:I I jii-p.l",p.. OP.l"'~P.lO::::l"'a. ;:Jt:J'" ~'" ..,t:J~(pp..t:JofJl r-v>op..~....... rop..v> ~(tl....o~ ''''! :€V>~.., <.n "':r ~n p.l e: ;y !_ := ~ 0 ~ ijQ- (1) ~ ::r:€ :- <.n = .., a' P. cr' 8" .... ~_ t:J "'d = ~ ::+.::r" a' ......J...... (tl (tl ::r'(JQ ~ _('0 (JQ ::r ro 0 S ::r(JQ p.l ;;: p.l = qq ~ 0 n _. t:: .. (tl 5-p..p.l t:J P::I t:: '" ::s ':"!::l ....."0 o.o~ -CI'>::I-' 00. ~ a ::+. 5- ~::+. ~ ~ ~ s- 0 ::r::::+- ~ """'0 =:I,v>(JQ,::r '<(b,qq.....,(tlV>-, \"\, - - - 4 Suf:F1 t..E P.i> ~ December 30, 1993 Mr. Rlchard Ward Chalrman, South old Town Plannlng Board 53095 Main Road Southold, N.Y. 11971 Dear Slr: It has come to our attention that Burger Klng 1. currentlJ .eeklng to acqulre the property ln Mattltuck that McDonald. was lnterested In. We would 11ke to requelt that a publlc hearlng be held to call the attentlon ot our people to Sectlon 100-254 Subsectlon H ot the Southold Town Code, and a tull BEQHA reylew ot the lmpalrment on the pre.ent area. A McDonald. ln Mattltuck could verJ well be the harbinger ot a prollteratlon ot the .ame tJpe ot eaterle. ln our town. The generatlon ot large amount. ot garbage plus the 11ttering ot our .treet., e.peclally in the .ummer tlme, should be con.ldered. It 1. our pOlltlon that the eaterle. we already haye ln Bouthold town are more than .uttlclent to take care ot the need. ot the people ot Southold and .ummer vll1tors. We hope somethlng can be done about a publlc hearlng on thls matter in the near tuture, Your. truly. ~:/~ 6 . ., ~p 16 teIG January 6, 1994 Southold Town Planning Board Main Road S'Jlthold, N.Y. 11971 Dear Members of the Board: In reference to the Cofaro Realty application for a proposed Burger King on the Main Road Ln Mattituck, I urgently request a public hearing. Thank You. Sincerely, 'i~(t4I:t 'CeL..II~~ Barbara Hofer ,\i~ I !99/ . . PLANNING BOARD MEMBERS . 'I. ~;.~. il.'i,!..~l '."~.". '<~', l.' '".~ ,.'. "., r-,.. ~...... .'. . .,' ... '~';; · ~;'..~SC' ,~~v :::> ;'.::1 ;;'';1 Richard G. Ward. Chalrman George Ritchte Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOrD TO: Thomas Fisher, Building Inspector In Charge Plan Reviewer .~ FROM: Robert G. Kassner, Site RE: Proposed Site Plan for Main Road, Cutchogue SCTM#1000-122-7-3.1 Burger King Restaurant DATE: January 6, 1994 Please review the attached for certification. SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Ron.d P. O. Box 1179 Southold. New York 11971 Fax (516) 765 . 1823 . . ORIENT ASSOCIATION ;:)u.6,:i cE Rot<- fb BOX 282 ORIENT NY 11957 January 3, 1994 Richard Ward, Chairman Southold Town Planning Board Town Hall Southold, New York Dear Mr.Ward, The board of the Orient Association respectfully urges you to hold a pUblic hearing on the proposed Burger King establishment. You have the right to do so under Southold Code Section 100-2554, Sub.H, and we believe that the extraordinarily significant and potentially transforming move of creating the first fast food/franchise in Southold Town warrants, at the very least, your using your discretion in calling a meeting to discuss its implications and hear the public's views and concerns. We believe that questions of possible impairment of the existing community character and of related long-term, short-term and crucial effects of this action should have warranted a positive SEQRA declaration and public review. At his inauguration, Supervisor Wickham particularly stressed the importance of public input in arriving at GOOD decisions. In this new, enlightened era of open government, it would be a real p~ty if a cruciatlV imp~rtant decision such as this were made w1thout concern for,~d knowledge Of, the public W~tt. ~~lY~,-- Freddie Wachsberger, Secretary Anne Hopkins Joel Lauber Susan Madigan Ruth Tuthill JAN 6 . . 50 Oaklawn Avenue Southold, NY 11971 ~HLE Ib .eJ::- December 30, 1993 Mr. Richard Ward, Chairman Southold Town Planning Board Town Hall Nain Road Southold, NY 11971 Dear J'lr. 't'iard, ~ith regard to the application of Burger King in fllattituck for the building of a "fast Food" restaurant, we request that the Ne~ative condition declaration be changed to Positive since this change would require the full SEQRA review which would include a full public hearing. The hard look which should be taken goes well beyond studies of architecture and traffic safety. To be hard enough, the hard look shJuld include a study of the effect that permitting this building and its type of business would have on the neighborhood, the community as a whole- in fact/the entire town. We are informed that the Southold Town Code 100-254 Section H also relquires a public hearing on this site plan. Obviously, a large organization like Burger King and its parent corporation will be a potent component "any community - in our opinion it and other such that might wish, almost certainly will wish, to follow are far too large a mouthful for a little town. There are plenty of th*ir sort a few miles west. Very truly your~.. ^ (,:....#n-i @;Q.1V.. ~'1 c;l'~"Blyt~ Halsey fjf/tAJldF t!? IJll "&zI?vdI ~iY.{;b~th C. McCahill .. 6 . . {~' ol8; If9.3 1dd.~ri COCL1 ct cJ,au",_ ~ct7Jw..., 1'/~9 ~ s..] () 9'0- 1lJ~ /4Jad C' ~d" 17} //91/ . . Pe: (1u,J'Uk'-u;; ~ /!)-fCvL- ~. ) W>u-<UL?dt.Ile!/kJh:'~,d~:t~ (Pk/L, "-' ~ kvu., ~~ ~~d~W<>i ~ ::;:n . ~~~/brk~~~ w-" ~ ~ J UH9<</d, kve", -%ltaLo~ad &n -r.Itu Jy~ &-u~, $ W6<Jd k ~ &,v ~~ a- rMu.f.~ ~tU '1""'~C:r~~w.w7<)U!e ftave- _Lj~ ~ -& b<<v ~ ~ -<UL wid ~ Ga.v k ~ w3' !vi ~W.e ~~nAl~,,- ~ :;I:qt'j)~ ~Al.E 1'6 I!.Ic:-- / /<{d.. A /~ }7l~ IIffa-.v JAN 6. . -~ . . "f/t3 ~F A'K-. CHARLES R. CUDDY ATTORNEY AT LAW 180 OLD COUNTRY ROAD (RTE. 58) P. O. BOX 1547 RIVERHEAD. NY 11901 ADJACENT TO MOTOR VEHICLE DEPARTMENT TEL: (516) 369-8200 FAX: (fUel 369-9080 January 10, 1994 Town of Southold Planning Board 53095 Main Road, Post Office Box 1179 Southold, New York 11971 JAN I I 199: Gentlemen: Re: Application of Cofam Realty Co. (Burger King) - correspondence dated 12/20/93 from the North Fork Environmental Council Once again the North Fork Environmental Council, through Linda Fletcher, has expressed opposition to the above application and in particular to the SEQRA determination made by this Board. As the Board is aware, the present application is for the same use at the same site for which this Board previously granted a conditional negative declaration and determination of non- significance. This Board again referred this matter to its environmental consultant and has painstakingly reviewed every facet of the application. The resulting conditioned negative declaration is a careful and reasoned elaboration of the environmental significance of this application. Throughout this entire proceeding, including the public hearing, nothing new has been added to the objections voiced by the North Fork Environmental Council. Their opposition is without substance. Reference to solid waste is without basis since the applicant has indicated that solid waste is to be transported out of town. Their continuing reference to impairment of the character of the neighborhood begs the questions since this is not new zoning; the use is permitted by special exception under the zoning code. Implicit in this permitted use is that the Town has considered the character of the neighborhood in the zoning plan. The special exception has been granted; the only pertinent question is whether the site plan meets the requirements of the Town Code. with particular reference to the state Environmental Quality Review Act the stated basis to set aside or rescind the conditioned negative declaration is if it is determined that a project modification causes a significant environmentally effect or there exists a change of circumstance not previously addressed, 6 NYCRR 617.6 (i). This point is not even seriously pursued by the North Fork Environmental Council. Passing reference to the Department of .. . . Town of Southold Planning Board January 10, 1994 Page 2 Transportation's requirements is not germane since the applicant has indicated it will adhere to the terms of the DOT's letter of November 9, 1993. There is no basis to change the determination of the Planning Board made on November 15, 1993, granting a determination of non-significance and a Conditioned Negative Declaration to this applicant. It is apparent that the NFEC has lost sight of the purpose of SEQRA. "...it is the intention of these regulations that a suitable balance of social, economic and environmental factors be incorporated in the planning and decision-making processes of state, regional and local agencies. It is not the intention of SEQRA that environmental factors be the sole consideration in decision-making." 6 NYCRR 617.1 (d). This applicant has twice been through the SEQRA process and is prepared to take whatever steps are necessary to support the recommendation of the environmental consultant and the determination of the Planning Board. Very truly yours, ~~~~ Charles R. Cuddy () CRC/pc . ~" ~, --'" 7" ) ':' .. '; '{' ! /~,/: '-Ul tlrA J ,z>(~-l~ f',. ):..;,} A/7 ".I " '" '"t- / i, _'.? ",'"t.--4" l- / .,.,/ .' ?' '/'" I / - I;, " ..~ ~ l_-' 'j / ' :)uI>fJt..6' f;1/r, l1~trpV Pj) ~ ' lY// ,p-i? Wi' , " , /J..L " '~" LA~/ /L/7U:L-c..2,. I ) Uv4~~CMI;' ,: (I .-r,A~ ' n ~r f4-i- Cll ~fLt:::l/J::::Z ~ i;"J~b %~ tt "- ~~ _ J,/ -0, '" fi,4 -?-kL ijc (!,e~ /, ~~ ~ "7 _ / /' ,? - . _I';> Mi/4-- ~ /?-n7 ~~~ .-J;/iT{ C{.-{,.- /)17~ V'fZ' ,'_ / 'I J ~/ ~~ ,---:- V. {~~<</-r ~t;At. r , / ~ Il, t j p , ,~11~' 4/~~ Jtuv-t- CL0 f>L-UA~~,-, ::'I.,&L,:rr_ f 7J~ ,A--<~, / Co - j.,)?t- ~ _ A2Rdt~ H f.fl~ .JI~d.lL- ~ G.de, ~ /4-r lzLu-1L. fdL J'E C; RA ('l/'e~<< /h4~4d.~ ~.-/~ ~. h~, LY/,/~ ~~ JAH 6 . . January 5, 1994 Richard Ward, Chairman Planning Board Town Hall Southold, NY 11971 Dear Mr. Ward: We thought we had fought the good fight when we let the Town Board, planning Board and zoning Board know a few years back that we didn't want McDonalds or any other fast food chain in the Town of Southold. Evidently the message was lost somewhere along the way because now we are presented with the fact that Burger King is trying to build in the same spot...the only difference being that they say they will not have a drive-in window. We already have all the fast food chains anyone would need up on Route 58 in Riverhead. In case Riverhead doesn't look bad enough to you, drive up to Selden or Coram. Is this what we want on the North Fork. Unfortunately, it seems that once one of these chains corne in, the rest soon follow. We must put rules, stops, and legislature in place right now if we don't want the North Fork to look like every other town on Long Island which grew so haphazardly without proper planning and zoning. We request that you rescind the negative declaration on Burger King and do a complete SEQUA process on this matter. CertainlY, the environment, traffic pattern, garbage problem noise problem, etc. will be adversely affected if Burger King comes to town. Sincerely, cc: Town Board /O..v-, ;:;-jJ , .9-' ~ AA r () '~:o~;-~~intz~l -.--~ P.O. Box 572 Peconic Bay Boulevard' Mattituck, N.Y. ,?- " "1 JAM I 0 1994 \...0. ,pa r: PI!; Af.. . . P8 ~~ I?,l( CHARLES R. CUDDY ATTORNEY AT LAW 180 OLD COUNTRY ROAD (RTE. 58) P. O. HOX 11547 RIVEHHEAD, NY 11901 ADJACENT TO MOTOR VEHICLE DEPARTMENT TEL: Cl'Ha. 369*8200 FAX: U5161 369-9080 January 6, 1994 Mr. Robert Kassner Town of Southo1d Planning Board 53095 Main Road, Post Office Box 1179 Southo1d, New York 11971 Dear Mr. Kassner: Re: Application of Cofam Realty Co. (Burger King) Enclosed are two copies of the site plan with the Suffolk County Department of Health Services' endorsement approving that plan. Would you please submit this site plan to the building inspector for certification. In the conditional negative declaration (notice of determina- tion non-significant) dated 11/15/93, condition number one indicates that impacts which result from the present lack of turning lanes are to be addressed by the applicant and refers to the State Department of Transportation's 11/9/93 letter. While the applicant and the DOT have agreed upon a different method of addressing the State's concerns, the applicant has agreed to proceed in accordance with the State's letter of 11/9/93 and install a turning lane for westbound traffic. Therefore, it will not be necessary to reconsider this condition. The Board has indicated on several occasions that the site plan meets its requirements and under the circumstances, upon certification, the applicant should receive final site plan approval from the Board. The Town Code S100.253A specifically indicates that the Board is to approve the site plan and then submit it to the building inspector who issues a building permit when all other approvals and permits required are submitted to him. The applicant is entitled to final approval and to have the approved site plan forwarded to the building inspector. I request that you confirm that this will now be accomplished. Very truly yours, Ch~~C:;r IN 7 199~ . . January 5, 1994 Richard Ward, Chainnan Southold Town Planning Board 53095 Main Rd. Southold, N.Y. 11971 Re: Burger King, Mattituck Dear Mr. Ward and Members of the Board: In reference to the Cofam Realty application to build a Burger King resturant on the Main Road in Mattituck, I urgently request the Planning Board to take the required " hard look ". A hard look goes beyond the architectural design of a building. Impainnent of the existing corrrnunity character, related short tenn, long tenn and cumulative effects rrust also be taken into consideration. Sincerely, u~~ J r~~ Elaine T. Villano if IN 7 \99L1 ~fP. I'tJ ,(j(.. Richard G. Ward. Chalnnan George Ritchie Latham. Jr. Bennett Orlowski. Jr. Mark 5. McDonald Kenneth L. Edwards '~..irn"I.;( .-, .? '., f 'j:---',t' ~,..., 1 J\ "~\ '~" '\ ." ,.,., "~ -~~ ~.J.~ ~ "'J~h ~., - ~--,J)~- " . 'J >~~,,",_~~jJ- , . PLANNING BOARD MEMBERS SCO'IT L. HARRIS SU pervtsor Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 11971 ":0.' ,- . Telephone (516) 765-1938 '';''''''''..,;.11;' ~~';"',e PLANNING BOARD OFFICE TOWN OF SOlITHOLD Fax (516) 765 - 1823 December 29, 1993 John P. Brisotti Daniel V. Brisotti Brisotti & Silkworth Insurance P.O. Box 1448 Mattituck, NY 11952 Re: Burger King Restaurant - Mattituck Gentlemen: The Suuthold Town Planning Board is responsible for the site plan review and approval of commercial property development, incl~ding the current Burger King application. The use of "fast food" restaurants in the specific business zone proposed for Mattituck.is a zoning use issue which is controlled by the Town Board, not the Planning Board. The Planning Board has suggested that "fast food" restaurants in Southold Town be limited to shopping centers and hamlet business zones. A copy of your letter will be forwarded to the Town Board for their consideration. Thank you for your interest and comments. '1?~erelY , ~~~ Chairman RGW:mj ce: Town Board . . PLANNING BOARD MEMBERS ,::,}/ ;"'~ - ':' 5'5 'J ;;.J ,:i~' ~ I!,... ) t'"'i"~......'~0:. . "'<i ~ '\n. ~ ..~~;, ..,0,' ~ /, lo ;,..". ..', -:'(~~? !;~- ';:>'~~~" SCOTrL.HARRIS SUpeJVtSOT RIchard o. Ward, Chairman George Ritchie Latham. Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town HaD. 53095 Main Road P. O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD Fax (516) 765 - 1823 December 29, 1993 Paul E. Hale 5132 North Bayview Road Southold, NY 1197 Re: Burger King Restaurant - Mattituck Dear Mr. Hale: The Southold Town Planning Board is responsible for the site plan review and approval of commercial property development, including the current Burger King application. The use of "fast food" restaurants in the specific business zone proposed for Mattituck is a zoning use issue which is controlled by the Town Board, not the Planning Board. The Planning Board has suggested that "fast food" restaurants in Southold Town be limited to shopping centers and hamlet business zones. A copy of your letter will be forwarded to the Town Board for their consideration. Thank you for your interest and comments. Richard G. Chairman RGW:mj cc: Town Board -- . . Richard G. Ward. Chairman George Rltchte Latham. Jr. Bennett Orlowsld.. Jr. Mark S. McDonald Kenneth L. Edwards :';':L,/ ~t~fi.(' J~.".~.....~ .,... .1'" s. P". ~.,..,..... '~#'1 :~;o.~..'\: U _;/ 'I .';j'" ,I SCQ'ITL.HARRIS superv1sor PLANNING BOARD MEMBERS Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 pLANNING BOARD OFFICE TOWN OF SOurHOLD Fax (516) 765 - 1823 December 29, 1993 Michael A. LoGrande 63 Pinedale Road Hauppauge, NY 11788 Re: Burger King - Mattituck Dear Mike, Thank you for your letter of December 2, 1993 regarding "fast food" restaurants in Southold Town. The planning Board agrees with your comments and has suggested to the Town Board to limit "fast food" restaurants to existing shopping centers and hamlet business zones. We are forwarding a copy of your letter to the Town Board for their consideration. Thank you for your interest and comments. V ry truly yours, l Richard G. Ward Chairman RGW:mj cc: Town Board ~ . . .$tttFiUi ;J~ 1f.I< 5132 North Bayview Road Southold, NY 11971 December 23, 1993 Mr. Richard Ward Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Dear Mr. Ward: I understand from an article in The Suffolk Times (copy enclosed) that the Southold Town Planning Board has ruled that the proposed Burger King fast food outlet for the Main Road in Mattituck "would have no environmental impact on the surrounding community". While this may not be the only necessary requirement towards approval of this facility, your board's ruling is a serious step in that direction. And that direction, to this resident and to many others, is an inappropriate one for Southold Town. As an opponent of the MacDonald's franchise a few years ago, and as a supporter of the proposition that Southold must not become another Smithtown (or pick almost any other town west of Southold), I believe that a national fast food franchise such as Burger King has no place in our town. On the fact of the matter, it most certainly would have an environmental impact, including a build-up of traffic, trash and noise which would be significantly increased over what exists presently. The business district of Mattituck has gotten pretty developed, but it is still not Riverhead. A national fast food franchise would not have an environmental impact there, but it would in Mattituck. Anyone who lives in Southold can understand the difference, and it should hardly even require an environmental impact study to conclude this. Therefore, the Board's actions are both mystifying and maddening. Beyond the narrow issue of environmental impact is the symbolic and practical nature of the issue. Unchecked commercial development rolls like a wave. What is allowed to become acceptable in Mattituck opens the doors to further acceptance in less developed communities further east. The argument is familiar: " If it's okay there, then why not here?", and, in a more defeatest tone, "You can't stop progress." Well, progress needs to be arrested if it is not good for the town or its people. And there are a majority of our citizens who do believe that Southold's great asset is its semi-rural nature, that it is different from communities throughout the rest of Long Island. Just ask the departing administration whether they've heard that message clearly enough. DEe 2 7 i9g::~ ,.,,' . . Mr. Richard Ward December 23, 1993 Page 2 I urge you to communicate this message to your Board and to hear and act upon the will of the people. Thank you. Sincerely yours, ?r~ Paul E. Hale cc: Editor, The Suffolk Times T. ;"fRlI lsrJIf8ft\'1-III1~s ~/Ml':efuml1l!'~3 . ~ NFEC Urges Planning Bd.Letter-Driv~l Environmental group calls for 3D-day roasting of Burger King impact ruling By Ruth .Jemlck MAITITUCK-The North Fork En- vironmental Council ibis week called upon town residents opposed to con- , struction of a Burger King restaurant on ibe Main Road in Mattituck to make ibeir feelings known in letters to ibe town Planning Board. NFEC officials were angered when. planners ruled Nov. 15 ibat the pro- posed fast-food outlet - which is to be built on land approved two years ago for construction of a McDonald'~ franchise - would have no envltOn- mental impact on ibe sUrfoiintling community. At ibe time, NFEC coor- dinator Linda Levy disputed Planning Board chairman Dick Ward's con- tention ibat Burger King principals had adequately addressed all planning concerns. And Ms. Levy also an- nounced that local environmentalists are considering a lawsuit to block ibe hamburger chain's incursion into Souibold Town. In asking fast-food opponents to step forward this week, ibe NFEC re- minded citizens ibat ibere is a manda- IThere Is a public comment period, and we are asking the public to do Just that - comment.' . --'LInda Levy, NFEG coordiriiilbr". tory 30-day comment period following ibe issuance of a conditional negative declaration before site-plan approval can be granted an applicant. "There is a public comment period, and we are asking the public to do just that - comment," said Ms. Levy. "We are hoping ibat people will take this opportunity to tell the Planning Board that ibey need to take a harder look at ibis project." Noting that ibe 30-day comment pe- riod does not begin until official noti- fication is published in a Department of Environmental Conservation bul- letin, environmental activist Linda Fletcher said ibis week that more ihan 30 days remain for pBjllic commeilt. ,0 "We don't know if ib~ Planning Board ,Is aware that ibe collunenl period is . required, or if they know the clock hasn't starti:d ronning even now," said Ms. Fletcher. "We plan to, take full advantage of ibe law and malee sure ibe public is heard." At ihe same time, fast-food propo- nent Frank Carlin, a Laurel farmer, addressed ibe Town Board at lengib . last Tuesday to applaud ihe Planning Board action. Mr. Carlin has supported ' bom ibe McDonald's and Burger King applications on ibe grounds that at least one fast-food restaurant, Sub- way, already has located in Mattituck. He also voiced ibe opinion ibat senior, citizens, tourists and young people should have an opportunity ~ CI!l. i'! ibe restaurant of ibeir choice without having to leave Souibold Town. Mr. Ward responded to environmen- talists' statements yesterday by assUr- / ing town residents that the Plaltlling;' , Board does not intend to ignore#' mandatory 30-day comment pef, I . ~ "In terms of timing, I don't ibe time frame. beingcridcal';:-Iie ,BlIid; ''The final site plan ilritot up for a board decision yet. It hasn't been submitted by ibe applicanL .. ------ , . . / .5l1Bf1if !Z? CHARLES R. CUDDY ATTORNEY AT LAW 180 OLD COUNTRY ROAD (RTE. 58) P. Q. BOX 1347 RIVERHEAD, NY 11901 TEL: (1!'>16) 369--6200 FAX: (~161 369-9080 ADJACENT TO MOTOR VEHICLE DEPARTMENT December 22, 1993 Mr. Robert G. Kassner Town of southold planning Board 53095 Main Road, Post Office Box 1179 southold, New York 11971 Dear Mr. Kassner: Re: Application of Cofam Realty Co. I am enclosing the revised site plan and ask that you confirm this now meets with the Board's approval so that we may have appropriate approval endorsed on it. Very truly yours, (!)J vf ~/ Charles R. cuddy (} Enclosures -''''"-'''''' " ;.;'"~ ff! ",) ;..; ii ,0-"'-' DEe 2 3 1993 BRISOTTI & SILK RTH INSURANCE 8400 MAIN ROAD. PO BOX 1 . MAITITUCK. NEW YORK. 11952-0925 VOICE (516) 298-4747 FAX (516) 298-5496 B SI SvbFic.& Ph R_!t::... December 20, 1993 Southold Town Planning Board Southold Town Hall Southold, NY 11971 Attention: Mr. Riichard Ward, Chairman Dear Mr. Ward: We are writing to express our views concerning the proposed Burger King restaurant to be constructed on the property adjoining ours on the Main Road in Mattituck. As fellow businessmen and property owners we are in agreement with the views expressed by Troy Gustavson in his open letter to you published recently in the Suffolk Times that a fast food restaurant on this property will, indeed, have an adverse environmental impact. Our building, presently surrounded by The Suffolk Times, North Fork Bancorp, and GNS, is located in an area that has a potentia! to be a professional business district of which the Town can be proud. The proposed Burger King would permanently mar this image. In addition to concerns regarding traffic and trash that have already been expressed, we have our own persona! worry: vandalism. Though it is only our second year in our building, we have unfortunately experienced a number of acts of vandalism. In the most recent episode, most of our back windows were smashed. We can only assume that a fast food operation that attracts a transient, late night clientele can only increase our exposure. We have made an investment here in Southold in our future. We like to think we have also helped preserve and improve a town that we love. We urge you and your fellow planners to consider all the ramifications that the construction of a fast food restaurant will have. This is a unique opportunity for the Planning Board to exercise good judgement and forethought for the good of businessowners and the Town as a whole. We urge you to do so. ,Sfncerely / "- , nre 2 , 1993 Insurance & Financial Services Mattituck (516) 298-4747 Sag Harhor (516) 725-3013 Shelter Island (516) 749-1674 . 107J jf- J",.__ . Jf?L ~~ s~ BFru O~ p Y Pb / R..L- /i1..f)rl&I'f'1J I!.U.-tM&J &0<-<--f et"-<-(. I J,-CC~f /.P~ j'j'ifO-A.,f? /_~ /./. /'J/? K<--(Y DEe I 6 SffL.-t>t-u-Id' --1/,Y j/?'?! / .1)('",,- /t?- w P-A-cf: j~:' ~ t-J-o-tL "f~/,,/,~,>;r- ~ d;> ph t/Z-~~ ;?~ /0--.-,1' l-r-7' It< ,.2:tA -u, c-,4... v c:L. ""--'" ~ c c; ~ {)""'-"k.R d" "- .t:.. ~ 'l'- JL t:.-<c.P >' ""'-:?..-h ~. .J',,'"<<- (z e>-&( ~ ~ Lr (1 ~ O</U) d.-<< of' ~ ~ Dell h ~"JJ pa"<-o .f,.J - ~ ~t.-jo J ?~J ~c~ e... J!.< ~ pJLe...:f fEo-vcf -'1..4 r ~~ S<A-~ C"-O Jlu.n.r Jc;,r'/l.<..J _ w~ d ~ (L ~ "'6' ~ tf'~7 ~q7 OLJ"- _~. vv--e ~"'-1 4-u..e '/ULef /A ~ VJ--<' tt /SCV't.'}-"-L I~) ?~/.~ ~ (~~~ ~~~ /Z.. c-( C<A. cfl Po/ 7 . . $tdP1LE f6-r R.K - ,v1-' December 14, 1993 Dunn Engineering Associates 66 Main Street Westhampton Beach, New York 11978 Attention: Mr. Vincent Corrado Dear Mr. Corrado: / Our Case No. 90-393 Buraer Kina Restaurant Route 25. Mattituck Your December 2. 1993 Submission We have reviewed your proposal to widen and provide traffic bearing shoulder pavement on the north side of Route 25 opposite the entrance to the proposed Burger King Restaurant. This plan was developed as an alternative to the previously requested development of a westbound left turn lane on Route 25 into the Burger King site. Based on the project data and information presented at the November 24th meeting between yourself, the property owner and members of my staff, we can accept your alternate proposal for 300' of shoulder reconstruction in lieu of the left turn lane. Kindly submit 10 copies of your roadway improvement and site development plans for our review. Upon approval of these plans, we can issue a Highway Work Permit. Send these plans to Mr. Vito Lena, our Regional Permit Engineer, at the above address. Refer to our case number in all correspondence. Very truly y~urs, Original Signed By JAMES o. FREIN JAMES O. FREIN Regiona~raffic cc: ~. Valerie Engineer Scopaz, Town of Southo1d DEe I 5 1993 I .... . . Richard O. Ward. Chalnnan George Ritchie Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards SC01TL.HARRIS Supervisor PLANNING BOARD MEMBERS Town Hall. 53095 Main Road p. o. Box] 179 Southold. New York 11971 Telephone (5] 6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD Fax (5]6) 765 - 1823 December 14, 1993 Charles R. Cuddy .lI.ttorney at Law 180 Old Country Road (Rte. 58) P.O. Box 1547 Riverhead, NY 11901 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 and Mr. Dennis at its work session of December 13, 1993. The following was discussed: 1. Granite block will be used for curbing in place of concrete. 2. Additional landscaping will be added after the site is constructed upon request by the Planning Board Board. 3. Ground cover will be placed on the slope to the Fliss property located on the West boundary. 4. Pavers or evergreens will be used in place of wood Chips. .- -# ,... . . If you have any questions, or require additional information, please contact this office. ,Blej[ /f i (Jb~1n: :assne~ Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge -- . . CHARLES R. CUDDY ATTORNEY AT LAW 180 OLD COUNTRY ROAD (RTE. 58) Po O. BOX 1547 RIVERHEAD. NY 11901 ;P.bfiw flfJ R-~ ADJAOENT TO MOTOR VEHICLE DEPARTMENT TEL: 1151.6) 369-8200 FAX: (~16) 369-9080 December 9, 1993 Town of Southold Planning Board 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Attention: Mr. Robert Kassner Gentlemen: Re: proposed site Plan for Burger King Restaurant Enclosed is an amended copy of a Van Tuyl map of the subject parcel and adjoining parcel Showing contour lines along the adjoining parcel now or formerly of Fliss. Please include this with the revised maps. Very truly yours, ~lf r2J1v Charles R. C~;dY 0 Enclosure DEG I 3 )993 . . APPEALS BOARD MEMBERS '-;\~::.;-:f l...-'~"='-. ,,).:pJ......ll') ..~ ",:y' "'"' .~, ~ ':...w '. """"_<i"" -~...~ ','-.1:,'- '. 4~ : =:> ,,j[ . t". -<'" :}, ~ . C"'; ~-~ :}:~~i ~ ,Y \ 0 ~l,.:i"" ~ IV . ~</;1.^.-.:.,,:.:~.._;.:;~vrY '.'- '~1.l.", ":\;) r[l.Y ~-.:;:..,. _.;{J :.:)J ~..L;::.::J-)J-' SCaTI' L. HARRIS Supervisor Gerard P. 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 Fax (516) 765-1823 Telephone (516) 765-1800 March 30, 1993 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Stanley Cohen, Cofaro Realty (OWner) Proposed Fast Food Restaurant at Mattituck 1000-122-7.3.1 (2.99 acres) Dear Mr. CUddy: This will confirm that the footprint for the proposed fast-food restaurant, without drive-thru facilities, as shown on the latest plan (prepared by Donald A. Denis received March 29, 1993) is acceptable and the plan is found to be primarily (90-95%) in conformance with the Special Exception permit issued to the owner (Cofaro Realty) and original plan approved thereunder. Based on this map, a new Special Exception permit will not be required. . The property owner will, of course, be required to proceed in Obtaining final site plan approval from the Southold Town Planning Board, as well as obtaining approvals from the County Health Department, N.Y.S. Department of Transportation, and Town Building Department. ve~:z;~~ GERARD P. GOEHRINGER v CHAIRMAN o. . . .5tu!3Fi t..E P6 "eK Ililllh' ~r~ MORTH FORK EMVIROMWEMTAL COUMCIL Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516.298.8880 To: Southold Town Planning Board . From: North Fork Environmental Council/Linda Fletcher ~ ~ Date: December 20, 1993 Re: The SEQRA determination of The Southold Town Planning Board for the application of COFAM REALTY for the proposed Fast Food Restaurant (Burger King, Inc.) on Main Road (State Route 25), Mattituck Since early August The North Fork Environmental Council has repeatedly insisted that the requisite "hard look" be given to the above referenced application. Instead, the Southold Town Planning Board issued a Determination of Non-significance on November 15,1993. Once again during this public comment period pursuant to SEQRA the Council is aSking that this Board commit itself to a full SEQRA review for the following reasons. 6 NYCRR Part 617.7 (h) (2) (i). On page 2 of the Determination immediately following the heading "Reasons Supporting this Determination" is the fOllowing text. "This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environ- mental Assessment Form Parts I, II, and III, and the following specific reasons:" (Emphasis added). A review of this section will show that nowhere are the following criteria considered as stated in the Introductory Paragraph. (See above). The following criteria are contained in 6 NYCRR Part 617.11. "Part 617.11 (a) (1) a substantial adverse change in solid waste production... (5; the impairment of the character or quality of existing community or neighborhood character; (9) the creation of a material demand for other actions which would result in one of the above consequences;". '" . . Environmental Conservation Law (ECL) also mandates that "the lead agency must consider reasonably related long-term, short term and cumulative effects, including other simultaneous or subsequent actions which are likely to be undertaken as a result thereof"; 6 NYCRR Part 617.11 (b). Subsection (c), (1) through (7) of Part 617.11 also applies. The document prepared by the Southold Town Planning Board is deficient in these aspects in that there is no consideration of the above sections. Part 617.6 (g) (1) of 6 NYCRR requires that an EIS be filed for a proposed unlisted action if the proposed unlisted action "may include the potential for at least one significant environmental effect." This Board cannot be considered to have fulfilled its legal obligations under SEQRA when it continues to overlook stated criteria that "include the potential for at least one significant environmental effect." Id. New York State decisional law has continuously supported the position taken by The North Fork Environmental Council. See Chinese Staff and Workers Association et al.. ~ City of New York,68 N.Y.2d~9 (1986); Berenson v. Town of New Castle,38 N.Y.2d 102 (1975); Tehan v. Scrivani~9 A.D.2d 769, 468 N.Y.2d 402 (1983); Cohalan ~ Carey,88 A.D.2d 77, 452 N.Y.2d 639 (1982). Returning again to the text of the Determination of Non- Significance it is asserted by this Board that "full consideration" was given to "criteria...contained in the Long Environmental Assessment Form Parts I, II, and III,..." (Emphasis added). Questions #18 and #19 pose the-critical inquiries here. The responses to both, prepared by this Board's consultants, underscore the importance of a full SEQRA review. Additionally, the Board's consultants indicate that "solid waste handling methods should be specified"; a condition that is not even mentioned much less spelled out in the Conditioned Negative Declaration. (See attached, page"). Since the Southold Town Planning Board issued the Conditioned Negative Declaration for this application, it has come to the attention of the North Fork Environmental Council that one of the two conditions has been substantially modified by the applicant. This change invalidates the Conditioned Negative Declaration. The change is a substantial one relating to the necessity of a westbound left turn lane. The "left turn lane", a condition of this Board's Declaration, has been eliminated by the applicant and the NYSDOT and transformed into a mere "300' shoulder reconstruction." The Council finds this change unacceptable and a violation of the intention of the Conditioned Negative Declaration. In conclusion, The North Fork Environmental Council has: 1) consistently presented to this Board the importance of a full SEQRA review in this matter together with supporting statutory and decisional documentation; . . 2) consulted with legal counsel concerning the defects present in this Board's review; 3) and is prepared to take action necessary to assure full compliance with the law. cc Local Newspapers /..'.'.... .' , . . . .. .. IMPACT ON GROWTH AND CHARACTER . OF COMMUNIJ19't~_I:IGHBORHOOD ,," -, .' _,."WlIt'~8.._iW_-~*~~.i""~i:t__ ' . ... .' 01'10 .,. " ExAmples thAt would Apply to column 2 . The permAnent populAtion of the city, town or villaae in which the project is lOCAted is likely to arow by more than 5%. . The municipAl bud,et for upitAI expenditures or operAtin, services will Incruse by more tNin 5" per year AS a result of this project. . Proposed ACtion will conflict with officially adopted plAns or ,oAIs. . Proposed Action will CAUse A chanae in the density of land use. . Proposed Action will replace or eliminate existina facilities, structures or Areas of historic importance to the community. . Development will create a demand for additional community services (e.,. schools, police and fire, etc.) . Proposed Action will set an important precedent for future projects. . Proposed Action will create or eliminate employment. ~\other i,mpaCb: S'UI) lW4toi~ d.iANl21ii~:)i#.l.~~~ II. ji~'/#j'J'iA1'..~ . SP';l'Afhliilb. 1 2 3 Small to Potential Can Impact a. Moderate Large MItigated By Impact Impact Project Change 0 0 oVes 01'10 0 0 DVes 01'10 0 0 DVes DNo ~ 0 DVes 01'10 0 0 oVes 01'10 , X 0 DVes 01'10 0 0 DYes 01'10 0 0 DVes 01'10 )( 0 oVes 01'10 ~19. '~:;:~li~\;~;2~~I~~~e~~I~~::~~c .cont'Ove~ort~~ If Any Action In Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of lead Aaency Part 3 must be prepared if one or more Impact(s) is considered to be potentially Iarae, even if the imp"ct(s) mllY be mltlpted. hlltructions Discuss the followina for each impact identified in Column 2 of Part 2: ,. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitiaated or reduced to a small to moderate impact by project chanae(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is importllnt. To answer the question of importance, consider: . The probability of the impact occurrina . The duration of the impact . Its irreversibility, including permanently lost resources of value . Whether the impact can or will be controlled . The realonal consequence of the impact . Its potential diveraence from local needs and goals . Whether known objections to the project relate to this impact. (Continue on attachments) ~3" 4 ~ . . , . . ~ING BOARD MEMBERS '\'~ ~; , '- . . '.., I "~ .~ _ ') ",;' . ,"""". '.:..'~. .:..", j' '/ " '<'~.,'. ~t .~l' '~:) ;; ': ";;~<.-~' '0~{ ':;';-'-;>::::,;:;;'..::s>.,~ SCOITL.HARRIS Su pervtsor lchard O. Ward, ChaJnnan Ceorge RUehle Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD Fax (516) 765 - 1823 -,'.. ,;'''.: . ~ . ';'-' "" This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action descrioed below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SCTM#: 1000-122-7.-3.1 Location: , South side of Main Road, 800 feet west of the intersection of Main Road and Old Main Road, Mattituck SEQR Status: Type I Unlisted ( ) ( X ) Conditioned Negative Declaration: Yes (X No ( Description of Action: Proposed 3,000 square foot restaurant with 86 seats on 2.98 acres for Burger King Restaurant page.. s--: . . . . ...........:lIII& ., #l Page 2 SEQRA Conditional Negative Declaration - Burger King Restaurant November 15, 1993 Conditions for Burger King Restaurant 1. The impacts that will result from the present lack of turning lanes shall be addressed by the installation <;>f road~y ..ID()di. gS~~. ,i"9P.~..,,t8~l'!. -~<!',1!~.. ~q.u. ..,~~..4. ,5:,..~S"i!;:8~CI,.i.ne.4, ..~n the '>t.il:~!:SJ~..~.ltiU;.1;meAti9-f.tT.r,i~Jlspor,tat~Qn' sNovember< 9 " 1993, letter to Mr. Vincent Corrado, Dunn Engineering "Associates. 2. The applicant shall provide a means of minimizing potential erosion of all slope areas with particular emphasis on the majority of the slopes which are in the 12-18% range as well as those 30% or more. The pitch of the land and proximity to Main Road cause concern for sediment transport during construction activities. The site plan should indicate a means of avoiding this situation. .. -~~1UO".__"'~1fI.,*""~ 1. Subject property is zoned B (Business). The zoned use ,is permissible in accordance with a special exception previously approved. The project has been compared to the bulk and dimensional requirements of the zoning district and is found to be in conformance with these requirements. 2. .The Long EAF Part I indicates nitrogen waste water discharge of less than 900 gallons per day. Article 6 limits on-site discharge of nitrogen waste water to 900 gallons per day, therefore the discharge of nitrogen bearing waste of less than 900 gallons per day is within the sanitary discharge limitation in Groundwater Management Zone IV, when public water water is not available. The scope of the project is consistent with groundwater management guidelines as outlined in Suffolk County's Sanitary Code (Article 6). page. It:> L . SUBMISSION WITHOUT COVER LETTER DATE: 1J.-lq!Q3 SENDER: Chcule.s Cu..dtdy SUBJECT: BUJ(~ V( K i n1' SCTM#: PJ.- 7- s.; COMMENTS: F; pa-peJl prll'Yb - ~ . . , ,''\ f" :'1 i lj I t~:; " '; , ! J ,~ !''''', ",.,,,. .. ' #'tfi /if- DEe 9 _...-..._,..."~'." ......-lli'-.-.~ k~ ~~ · ~ ~iL/1/CJ~ ~^i PRJu~ tL +2-.\ leO ti~' 1- ~./~ IN kffrq)(, i101 'i ,i?\ i 1..:::::> = ~,lsio D ~ S~& ~;:r ~W(Z - a -t 'Ls 1(<-. -to tl +- 'Lo [10 IIsyfP.;;><. _ 130i SIS' l~ ~ ~/Ltj K i10 ~ " c' DEe 9 i993 i I ..~>,.._<^~, . . 4t+S@O...dt4 ~~7?YJ/'33S 'h~ ~J"v~ c4a4-t:rA-. Saidrrf'/ ~, ~~ ~~d{//~/ck# 5owt/~.(J'J1 / "g '7 ( 1)-,,~ .~ rv~f a......I ~:ld~ .0 "-'<d ~ ~ ~ (f'''rr':'- ~ d ,vI' ec ~ ~ ~ ~ ~-tJ"<< .A<~~~!4.., ~ ~~ "- ~ fv:t ~-....,.. -<.. -J,,~~~ ~ -'<i."'"7 ,,~. . J~-rk~~&"~/-4~~~a! ~~ A..,. h.~-L C^-r~~ ~ 5~;t/'~~. ~ ",-71." d.<,r<>~ ~Lr-~ ~ 'If .J-~ A<>dt ~d'-'~ ~1!:;::;gf '-<~) ""~h hYC;..iU{,.. ~ :::.3.. --4.4 ~~"~L'(---'_; "-<< ~ zI.-"............~ "3,",,~ .. <4 ~ ~.-&-r .., ~---.J.. <.I- ~ ""'r, t C_.-rt,~ ~ ~ d/~ ff4>&,r. .4; c-. /- _ ~ ~ ~ ~~&.;. .AU...I_ kiU.t".~/U'~_c;_~~ .d.y ~iI' g'~..bhJ g--'~ 40.,., -d..-. at' .?fd/.-el A#.aoe. ~4 .A-d~ C4L /~ay, ~~ d__~~ ~uz/ i- ~"'tfcr.f? rre~ AoCZI.-4Jt ~ ~/<4.f a...t,./d.-t> -r~/1P<~~-4-<'<dr.4. ~J~ dm.:t~-,~-4.. ~"-f.d(,~ . dl_ f-.t ~ "" "~..g .AR~~ ~..-..,.. ~~ 4 d. ~ cdC,t /d&."t ~ n.;,. 1: -c ~J7{<f-lg'" ~*"7 Af.r- ~c__ ./1.4' ..h k... :1%., "" a.JZA-,,1, ~.... 4, "<< ~ ~ Ir""-o. ~ ~~/=k."-~-fe !J'44~~ ~___...... 4 ~;",... ~""d-.. ~~ t "'-< ~ ~'~4. . . ~~'i&.-.fk.,-- ~<. r~~~ ~~ 4.ec~ ~ -4t:g .-ea.I:~,~~c~ ... ~ M~ ~~ "-4.A";U7r" . ~k · ~1r-f r~~r2>(~d <-1:/4..... <9. ~ ~~/JJ.~A 4'-f'~~.t",-r.-~*~~..~;.~,~JI- ~ ~"'~.;:..r-.ft,.,/ ~ ~ :I~ ~-ttl ,'J" ~FJlEf PbR;c:. DEe 8 .-d-A.R-4~_ /&- /~tF-~~~. ~ ~,~,1?'" e~->.- /C. .d ;'trdJ i5 d k'elLy ~~ .~ ;24 /4Jez...:r ---1:;. <27zTLdt ~~- 12!--..kt.-r- c~:.t-!L1r'z.... L'~&-4~A'JA~, d /~ -r-...~.tl ~~ ~'3-P ~c:. Jk-c~.A~ /t~...4'J ~t ?.&-C~~ cd~t'-'""'-~ ~ C4.-, ~o~c1 5~-i......fY ~~-rr- .----6-e<'~ "ok -~ ~e{J~-'k~ ~ f~ 7f ~ ~~&4A{ tJtL~L . . v8~ 1 /?fd ~FIL6 fJe> /(,1' )()~ ~, *~ ~,~ ~~ YF ~ ~~ ~ dZ- ~ ~ r ~~ ' /' < :J~ p0 --AA{ / ~ ,)611- ~~ ~ ~ ~ 14 ~ ;z6/. ~~~~ ~~~ . ~W1 6~~4~~ 1~~~, ' ','.__' ".~.. _,c'"."" 0.\ , DEe 8 1900 -Pf, ~ :Sl.<.e l=~lM ~ .~ ( w~-~ 15I/p/C;~ '\ . \J! ~ ~ lu_.u-~~ d ~~ tJ--;t..d. vl1Z.J-U ~h___ 'fP/~#.<.. ~} i'd----7~1/ . ~~q~~~ j c ~ L~fi(;((1 , 7/Vt.-. ~ ~. /~~r '1oLd~~ -~ t< 7~~k, '1L111f.5;d- . - - . Michael A. ~rande 63 Pinedale Road Hauppauge, New York 11788 (516) 563-0219 ~~lLcr P8 RI<. December 2, 1993 Richard Ward, Chairman Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Burger King. Mattituck Dear Dick, I am writing to you in hopes that the Planning Board will consider the proposed Burger King to have a serious positive environmental impact on the Town of Southold. As you are aware, the precedent of a free standing fast food establishment will have traffic generation factors, peaking, and visual quality impacts never before experienced in the Town of Southold. In addition, the nature of fast food competitive characteristics will result in additional applications that will have a cumulative affect on already overburdened arterial roads, as well as increase the incidence of accidents with the corresponding increase in property damage and personal injuries. The cumulative affects are clearly evidenced in two nearby strips in our County, Route 58 in Riverhead and New York State Route 25 in Coram east of New York State Route 112. Both of these strips started with the location of one fast food restaurant. In both these areas frequent curb cuts and higher than normal traffic generation has resulted in increased accidents that have imperiled pedestrians and vehicle occupants alike. Contemporary planning nationwide now encourages probable cumulative impacts as the only valid analysis even when dealing with one application on one particular site. This appears to be the case with Burger King. I therefore strongly urge the Planning Board to adopt a "positive declaration" giving the community the opportunity to hear reasonable arguments on the actual impacts of such a proposal. DEe 7 iC:J'o3 h '..I' . . Mr. Richard Ward December 2, 1993 One personal note Dick, you will recall that the Town of Islip did extensive research on fast food restaurants and revised the town's zoning ordinances such that fast food facilities are only permitted in existing shopping centers which have controlled access and adequate capacities for parking, circulation, and coverage. As a certified planneJ; I have assembled substantial research information that would give a very different view of the Burger King application. This would only be possible if the Planning Board would reconsider its stance and require a full environmental impact statement. The issue is so important to the quality of life in Southold that the Planning Board would be acting responsibly if a positive declaration were issued. Michael A. LoGrande .' . SU66u3' (J~ R-L- ~ /;,f. / _ f PO'l,/]_ L 0/-j J flfJ/'ll\;/ t/t/J ,'2 ~ I - I (_V ('it" ) ... '-c. / / '~) / // /:) II E/L)F J'f/1-./ NL) /::n-f7)'C/L Jr; /~7 0,1 /h, I /1/) r u;::' '. E'5n~. 6/; 5 /uJ/ E..v-:- /1: .h u / h J I,,! 72-.I\.-V I / I . '. l/U t! ,7 L c: k) tC L I t.(',,-=: -;-} , ,~), - /-7':- /~cS, c) /'- / , ~ L- [l /V"I / S / '" A ,( ..J /" ./ t. ,....-- ., \/( If Fico.. r11 r,v / . / '7 - .'----- (jIL/t-1vi OEC 6 - .. -- , - ,~---,--. "'11~:> ~, -'''''- -- ... ~ ~ ~,..... ---- - - .......... ~ . 3J.ePiLif . ~'t6- d?obe~t <W. ~dtf, PB 995 <WilLi. CueG. l])'tlve R.J- ~"ttitucG., dVew <Jjo& n952 /;;2/:J..-j r;j ..~8~ LY~ 9"Md a. ~ ~J > ~ ~ ~ 6f-, ailvw (L fc5?J!-~~ ~ CJ-k-; ~ iJ..-Z}U/L, Y AA ..., - ~. / ~. ~r i l ~- - ~ LY 0zPi---x. ~~)J{ ~~ ~ "ih- Cu.-( ~ uJ ~~ 0- ~ C<-u... L~ ~ ~l-R.- ~ ~ q;~ ?u~~ ;{S C~ 'I) . C,j/1~ f/YIAL~\?iZTv.~ 0 , '\.. J II J <-j--~ ~ J2L~ ..Lf~ ~~ ~fr~ .xf~M-{ ~~_ ~~ DEe 6 . . . .P3 ~nr..E: 0771rr TIMES / REVIEW NEW SPA PER S 7785 r,1alll Roan PO Box 1500 ~1allltuck NY 11952.5162983200 December 1, 1993 Richard Ward, Southold Town Southold Town Southold, NY Chairman Planning Board Hall 1971 Olcle-- Dear Mr. I am writing in connection with the Planning Board's recent conclusion that a new Burger King fast-food restaurant on the Main Road in Mattituck will have no significant adverse environmental impact. I must respectfully disagree. As the co-owner of a business that has invested close to $1 million to erect an office on that particular stretch of Route 25, I believe such an operation will irrevocably change the face of the area between the Times/Review Newspapers office and the North Fork Bancorp headquarters. Beginning with the bank, and continuing with our building and, most recently, with the Brisotti & Silkworth insurance building on the south side of the highway, three neighboring businesses have made a substantive commitment to upgrading the Route 25 business corridor in Mattituck. For many visitors to our area, their first sense of Southold Town is the business strip that runs from the railroad overpass east to Love Lane. Due to past zoning and planning inadequacies, a significant portion of this strip is indistinguishable from commercial strip zoning elsewhere on Long Island, most immediately on Route 58 in Riverhead. Among the few exceptions, in my opinion, are the three aforementioned buildings. A fast-food restaurant in their midst (no matter how ~traditional" its design) is bound to stall, or perhaps even reverse, that trend. Fast-food inevitably means traffic and litter, neither of which will enhance one of the primary commercial corridors in our town. The Planning Board is to be commended for the leadership role it has played in recent years in defining Southold as a community that cares deeply about its physical appearance and environmental resources. Now, when we need you most, I urge you and your fellow planners not to lessen your resolve simply because just about everyone else on Long Island seems to have done so. 'lhe ,inffotk 'limes. [hr Nrws.:&uirw DEe 2 1993 , ...,_........ ...... ~ t SOUHf)LO ~,:;', .,.j l I PL.......,,' ,-,-, '" J " i'~""!!~''',,1 ,)\),,<;\..1 ._~, .. .........._r."_'_.~ . . . The fight to protect and preserve Southold Town is worth fighting, Mr. Ward. And if the Planning Board won't fight it for those of us who live and work here, who will? Sincerely, I~ Troy Gus Executi & Co-Publisher / ":""''''' ,,~ \!lOO' "IIlOL,," ;,;". '. .. A Planning 'Boost for Bur'ger King Main Road proposal cleared on impact; . NFEC threatens suit By Ruth .Jemlck SOUTHOLD-The town Planning Board knocked down one of the last remaining obstacles blocking Burger King's plan to locate a restaurant on the Main Road in Mattituck when it ruled Monday night that the fast-food chain's planned construction will have no envi- ronmental impact on the community. That action angered representatives of both the North Fork Environmental Council and the USIUK Stewardship Task Force, who appeared at the meet- ing along with more than 50 town resi- dents to protest the hamburger chain's proposed incursion into Southold Town. And NFEC spokeswoman Linda Levy announced on Tuesday that local environmentalists now are considering a lawsuit to stop the project. "In issuing a negative declaration, the Planning Board did not adequately address the impact it would have on community character," said Ms. Levy. ''The Planning Board is telling us Burger King will have no impact on the charac- ter of our town, yet we don't have any fast-food restaurants. The first time any- thing is located here it has to have an impact. _ "We're also concerned that more trasl\, ,."' will be produced, especially in light 0 the new garbage law," Ms. Levy contin ued. "Burger King has said that they will . cart their garbage out of town, but we're concerned about the additional trash people will leave the restau- rant with and take home. That's going to end up some- where... We're not sure what we're going to do next. We're going to explore our legal options." Task force subcommittee chairman Greg Palast also was unsuccessful in asking Planning Board members to hold off on a decision until the Town Board and the task force complete an ongoing review of the planning process in Southold Town. The task force already has recommended that fast food restau- rants be limited to Hamlet-Business dis- tricts, Mr. Palast noted. (The proposed site, on which McDonald's first souaht to build a restaurant in 1991, lies within a general Business zone.) --::.....,.;..'. ir votes unanimously in ve declaration, Planning rs contended that they potential impact upon com- munity charac- ter, but dis- counted any perceived threat because the proposed restaurant will more closely resemble a house than a 'The environmental issues to be dealt with were addressed by the applicant to our satisfaction.' -Dick Ward, Planning Board chairman commercial eatery. "The environmental issues to be dealt with were addressed by the applicant to our satisfaction," Planning Board chair- man Dick Ward said yesterday. "The use of the property as a restaurant is allowed. They have a special exception from the Zoning Board of Appeals, with the caveat that there be no drive-through window. Other issues - such as traffic, noise, lighting and signage - have been ., , thoroughly addressed by this applicant more carefully than any applicant we've had. "We had previously given a negative declaration to McDonald's, which was a little larger and a little more intense use," Mr. Ward continued. "We've heard the people's concerns. Our prob- lem is that we have to deal with the code as it is." Planning Board members Mark McDonald and Ben Orlowski also sug- gested at the Monday night meeting that NFEC andlor task force representatives should have gone before the Town Board to seek a change to the Town Code limiting or banning the location of fast-food restaurants, if they are opposed tothem. . "We were so angry when they said that," said Ms. Levy. "We have, in fact, repeatedly gone to the Town Board ask- ing for that, and they haven't reacted to us." (On the advice of town attorney Harvey Arnoff, who believes that ban- ning anyone specific business' category would be unconstitutional, Supervisor Scott Harris last year abandoned plans for zoning out fast-fonrl resta --- 4 See Burger, page 33 November 113,' ~993'. Th'e'Suff6/k Times. j Burger King... Continued from page 3 Supervisor-elect Tom Wickham has said that he would "not have a problem" with a fast-food outlet being huilt in Southold, provided it conforms with planning and zoning requirements.) Burger King principals next must obtain sire-plan approval from the Planning Board, but that is expected to pose little problem since building plans already approved for McDonald's have been slightly altered and resubmiued on behalf of Burger King. Attorney Charles Cuddy, who represents the applicants, could not be reached for comment prior to presstime. ~ / -. . ~ ,)Ftt!l ,:,~ PLANNING BOARD MEMBERS ,.", :.~) ;...... '" , t'.~ ;;,'J SCO'ITL.HARRlS Supervisor Richard G. Ward. Chalnnan Oeorge Ritchie Latham. Jr. Bennett Orlowski, Jr. Mark s. McDonald Kenneth L. Edwards ..;,/,.o,f ".'<,"", , <.f Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Telephone (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765.1823 November 29, 1993 Charles R. Cuddy Attorney at Law 180 Old Country Road (Rte. 58) P.O. Box 1547 Riverhead, NY 11901 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: Following is a partial listing of the items that were discussed with you and Mr. Denis at the Board's work session on Monday November 22, 1993, regarding the above referenced project: 1. Show contours of adjoining Fiss property and proposed regrading and landscaping. 2. Street trees do not meet specifications in code. 3. Land bank or relocate four parking spaces on the northwest side of the property. 4. Stagger street trees along main road. 5. Provide path to dumpster. 6. Review crosswalk and wood chips in median. 7. Shrubs required next to parking area on east side of bUilding. 8. Review need to reduce grade in front yard five or six feet as proposed. 9. Additional landscaping required in front yard area 10. Provide sketch to scale Showing color and details of ." . . wall signs. 11. One way sign and no exit and entry signs should be provided. 12. Fire access at rear needs to be clear of obstacles and base indicated. 13. The grading of the Brisotti & Silkworth property to the east should be shown. 14. How will the five landbanked spaces in the rear be accessed? 15. Granite block instead of concrete curbing is recommended. The issue of a joint fire well was discussed and you had indicated you would review this suggestion by the fire district. have any questions, or require further information, ntact this office. Encl. cc: Thomas Fisher, Building Inspector In Charge " :22 / / . DR~AGE STRUCTURES . .~'--o" ~-_CAST IRON GRATE r '~' A T SPECIFIED ELE\ n l'c~:- 1<---- PRECAST COLLAR ./ 2"1 / / / / ~ /' /' ~~2' ~. '- TRAFFic TOP SI .. 7 ~~ 2S ~:JNTERCONNECT W/ ADJACENT DRAINAGE RINGS W/ 12"CP REINFORCED CONCRETE PIPE (TYP) -----------.-- -----.------ PRECA: DRAINA RINGS (HEIGWr SEE SC - /' / // Off "(1:\ \. \~C. ~f(J..\(:':p (J..""i...... - ~./'~O ~\... 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(Il ~ ~ I \ \ \ \ \ j /// I \ ~/- \ -,' ...../. " < .t;).~ fiO . '" ~. ~"'>. "cS> CP. ~O. ~ ;" ~._-------'- -- , ~ IMPOR.TANT >> File Nu.mbe:r: N1-473800-00885 Use the above number in all correspondence about this action! To the Lead Agency: The above information confirms that filings on the described Negative Declaration were officiallY received by, and entered in the SEOR Repository on the daters) shown in the box headed DATE RECEIVED above. The date and time in the second line show when this document was printed. Please check the information above carefullY. For corrections or questions contact Charles Lockrow. (518)457-2224, or" write to: SEQR Repository NYSDEC Division of Regulatory Affairs 50 Wolf Road, Room 514 AlbanY, NY 12233 Town of SOUTHOL_D Planning Boar"d 53095 Main Road-P.O. Box 1179 Southold. NY 11971 ", t: q \'11 [~ I ,;;:';", .1. _,.,;;:.L~~,~~<~- n i \ ' ~\ 'q I DEe 31993 [LJi I i 'SOJT.i1iYCD1'5ih! J 1 f12J:~::ill'lLlfill5f.o . . Mrs. James H. Rich.m: 555 Reydon Drive SOUlhold, N.Y. 11971 , ~ 5..1.~ . t November 22, 1993 Mr. Richard Ward Plannill9 Board Chaitrnan Southold Town Southold, New York 11971 Dear Sir: We wish to express our support of your board's decision allowing a Burger King to be built in Mattituck. This will provide a place for families with children to enjoy reasonably priced meals. The argu~ents about take-out food seem a little silly when there are so many pizza parlors and Chinese food take-out restaurants as well as a Subway in Mattituck, along with the many delis that now sell take- out breakfasts and lunches. Again we commend you on your couragElous decision and we hope your board won't allow itself to be coerced into any further harassment of the proposed Burger King. Very truly yours, J(l;;Jt: ~ James H. Rich III and Teresa L. Rich cc Suffolk Times t' NOV 2 9/993 Southold Town Planni~Board 10 November . 15, 199J Mr. Ward: Mattituck-Laurel Veterinary Hospital - This site plan is for a 4,598 square foot Veterinary Hospital on 1.377 acres located on Rt. 25 in Laurel. SCTM# 1000-127-2-5.1 What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated September 30, 1993. All conditions of final approval have been met. Mr. McDonald: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. (CHAIRMAN ENDORSED SURVEYS) *********************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Burqer Kinq Restaurant - This proposed site plan is for a 3,000 square foot fast food restaurant on a vacant 3 acre parcel on Route 25 in Mattituck. SCTM# 1000-122-7-3.1 I assume that some of you here or maybe all of you are here to address the Board on this issue. I didn't see anybody leave yet because of the other issues, so at this point I leave the floor open to anybody that would like to address the Board. We are looking tonight at the possibility of a passing on the environmental review. That is a step in the process of doing a site plan. If the Board makes a determination tonight on the SEQRA process, the process would extend into a review of the site plan. Before a determination is made, a final site plan would have to be approved by the Planning Board. So the floor is open if anybody would like to address the Board on this issue tonight, please address by giving your name. Greg Palast: I'm a member of the Southold Town Stewardship Task Force. Our Chairman, Tom Samuels, couldn't be here tonight. He's preparing for our own public hearings on this Thursday, which we hope you'll have the opportunity to attend, to discuss the recommendations which I just handed out to you, which I'm sure you've all seen before, but r wanted to make sure you had a copy. Tom couldn't make it tonight, but I thought it would be appropriate for me to come in - he's asked me to. As you know, the Southold Town Task Force has issued 34 recommendations after a year of work. 34 preliminary recommendations to the Town, after much long deliberation. One of our recommendations, in specific, is that there be no fast food establishment outside the hamlet centers. I'm looking for the specific number in here. Maybe you thought we were kidding, Southold Town Plannin~Board 11 November . 15, 1993 but we really have given a lot of thought to this matter. It almost doesn't matter what number it is in here, I could find it for you. What's important that it's part of a general overall very thoughtfully, carefully considered program that we have, which is aimed towards placing development within the hamlet centers. It is part of the overall program of the Task Force to determine ways to maintain the rural character of Southold. Specifically, keep in mind that, like your Board we are an appointed agency of the Town Board. Our jurisdiction and our mandate is under resolution to consider the code and zoning map and to conform it to the Master Plan and the precepts of the US/UK report as adopted by the Town. What we'd like to do is make sure that we work together so that we aren't working at cross purposes. I understand that the law requires that any EIS, or in this case an LEAF, consider the character of a Town, in our case a rural character. That concern has been designated to be reviewed by the Town Task Force. We've given it a lot of thought. My understanding is that it's not been addressed in the LEAF presented for Burger King here. One of the problems being that this cannot be ignored. We've given this a lot of thought. Maybe you can disagree with the Task Force's findings or maybe you have alternatives that you'd like to present to us or discuss with us, but I think its always been a problem that we've had that these proposals have not given due concern. That there has been no hard look given to the matter of rural character. And I think that before there is some Negative Declaration here, that the applicant, with the Planning Board, give very careful concern and consideration, take a very hard look at whether this application fits in with the rural character of the Town. And it's been the finding of the Town's Task Force that it would not be within the rural character of this Town. We are not targeting Burger King nor even fast food establishments. We're trying to aim, as you know, development within the hamlet centers. We have a particular recommendation as to fast food. We, in addition to failing to look at the question of rural character, would hope all applications will now begin to address rural character as required by law. And the Task Force is trying to give some guidance on a format to do that. But, we would ask the Planning Board to consider the entire Planning process. And we understand under the law that there is no delay considered in speedily reviewing an application if we are in the midst of a careful review of the Planning process. We are far down the line. After one year, we have given this 16 page set of recommendations. They will be, in many cases, filled out by (inaudible). Some of these have multi-paged details which go behind each paragraph of the 34 recommendations. What we're hoping is that in coordination with the Planning Board we can make sure that your decisions dovetail with ours, and the Town Board's decisions. Southold Town Planni~Board 12 November 15, 1993 . In consideration, the entire planning process, which is to reform the code and bring it in line with the Master Plan - and keep in mind that the applicant's been aware that we've been in this process for one full year, so it's not like they have not been on notice that this matter should be addressed. We would hope that the Task Force and the Planning Board could work together, not only as to matters such as this application, but the entire process so that we're not at cross-purposes and that your actions can dovetail with ours. And we can also make sure that the code is corrected so that can be no disparity in our actions. So, once again, we would hope that you would have the opportunity to join us this Thursday on the 18th and go over the entire planning process. This is one recommendation, to not have fast food establishments outside the hamlet centers. I think that therefore, the failure of applicant to take a look at this matter, which is required by law, and especially in light of the recently released findings of the Task Force would mean that there has to be a second hard look taken at this application. Thanks for your time. See you Thursday. Any questions? Mr. Ward: character? Just that, in your opinion, what do you say is rural What do you mean by that? Mr. palast: Well, we have a beautiful description, I hope you'll come Thursday. But, Southold is unique. Southold is unique. I've been allover the country, as many of our Task Force members, and what you see in every town is a Jiffy Lube, a MCDonalds, and neon signs, etc. You see them in every town, but you don't see them in our town. Now, it is not our purpose to create absolute prohibitions. And, in fact, what we are trying to do is direct development, as you are. In fact, we share 50\ of the time of Valerie Scopaz is dedicated to your efforts, and 50% to our efforts. So we have a lot in common, including our great experienced help. So, when we talk about rural character, we are talking about maintaining open space, and maintaining growth within small town hamlets. So by rural character we mean no sprawl. We mean no businesses, in the ideal world, no businesses spread across like a broken smile across the North Road and across the Main Road and just willy nilly pock marks upon the open vistas. And so what we're trying to do is consolidate businesses into these central areas. And in particular, certain types of businesses, we have determined in fact by consensus of all 16 members, we actually have a statement which we agreed on that fast food establishments are not within the character of Southold Town, period. However, what we have determined is that in light of our total program, that there would be a way if such an application came forward, to integrate them into a hamlet development plan. And we're not talking about a big delay here. We're not talking about holding people up forever. We're talking about a program that we are completing now working that we, like I say, presented Southold Town Planni4itBoard 13 November . 15, 1993 as you know to the Town Board already. And we expect it to be acted on pretty quickly. So, no sprawl, no businesses willy nilly across the Main Road or North Road, maintenance of the open vistas and in particular encouraging businesses which have traditionally have been here, because there will be harm. We have made a determination which is our scope, under our authority (inaudible) that there will be harm if you have businesses which are not within the character of the Town. And the harm comes from the fact that, not only do we like it this way, but we live and die by tourism and by maintaining the beautiful vistas. That's what we have to sell. We lose that - we lose the small town character, and we are out of business. So that's where we find harm. 'Cause this is as much a business proposal for the Town as it is something just to keep it nice. Any other questions? Mr. McDonald: You've said that, if I understand it, that they haven't addressed the specific problem of maintaining rural character. Is that correct? Mr. Palast: Yes. Mr. McDonald: And that's why the environmental form is not complete? The environmental review is not complete? Mr. Palast: Well, my understandings that the character of a locale must be taken into consideration. In specific, what we've determined through Task Force, is that we have a rural character. This is not a big leap of research for us, obviously we have a rural character. Once you make that determination that we have a certain type of character which is characterized by small towns within our towns, which we call the hamlets, and open spaces, which basically would exclude such things as fast food establishments between hamlets, and would be out of character. There are certain types of businesses which we do not allow, even now, to some extent we discourage. We are trying to tighten up the rules to make sure that rules which should discourage these things are a little bit clearer. I'm not sure that these types of establishments are necessarily allowed under current law. But we want to clarify that code. And because this was not addressed - 70U know some EIS's and LEAF's look at questions of like "Are we going to lose an endangered species?" - well our concern is not maintaining whether the spotted alligator is safe here. The species that could be extinct is the Southolder. The small town person. And that must be addressed. It's not a question - frankly, it's not a question of whether it would be a good idea to address this matter, it is required. An as far as I know...I must admit I haven't seen the latest papers presented today, maybe they do fully address this matter, so I could be wrong on that, but... Southold Town Planni~Board 14 November . 15, 1993 Mr. McDonald: I'm still confused about what'it is that they're supposed to address. Mr. Palast: They're supposed to address rural (change tape). They are required to address the character of the community. And in this case, the Task Force has determined that the character is rural. Mr. McDonald: What specific things would they do, in your mind, to address the rural character of the area. What are the elements that they would do in their review that would allow them to address this question? Mr. Palast: Well, we would determine for example, whether...that's a good question in and of itself, and I'm not going to claim to be exhaustive on this. In fact, as you know, the Task Force has its own attorney, Michael Simon, who is looking at this very issue, and I hope that you would have an opportunity to speak with him on it. He is researching this very issue of fast food, etc. And so I hate to preempt him. He's the lawyer, I'm not, I'm an economist... Mr. McDonald: Well, traditionally the elements would be things like appearance of the building, the appearance of the signage, the nature of the lighting, the location of the building, the amount of grading on the site, the amount of landscaping and the placement of the landscaping. What are the elements that you have in mind that he would address. I shouldn't say he because I don't even know that - but the applicant would address to answer this question in your mind. Mr. Palast: We have Bob Bayley also from the Task Force here, who is an architect and looking at these matters. We also, have to look at the traffic, we are looking at issues such as advertisement of off-brand items through signage that would be prohibited, we would have to look at such things as whether tnere would be a lot of traffic in and out, whether this is mainly a take out establishment or eat in establishment and we do not have dedicated take out establishments. We do not want them between the hamlets. The question is whether ...I'm not quite sure, frankly, that this applicant can immunerate (?) the problems. Mr. McDonald: Those elements that you just mentioned were all answers. Would that be sufficient? . , Mr. palast: Again, I don't want to say that I would know it's sufficient. I would want to talk to both the Task Force people and our attorney. In fact, Bob Bayley probably would have more to say on this than I do, on specifics of what we would look at. So it's more than look. One of the things we're trying to do frankly is to move these businesses, especially with heavy traffic, especially where they may be dedicated to take out food, into the hamlet centers and if it's going to be a business dedicated to take out, or mostly by dollar volume or traffic Southold Town Planni4ltBoard 15 November 15, 1993 . volume by take out, then we may have a serious problem with it. Can we ameliorate it and keep it at the site? That I don't know. Has it been addressed through architectural amelioration? I don't know. Has it been fully addressed I can't tell you right off hand myself. Also, we want to know if it affects the businesses in town and whether it would take away business from the hamlet centers so that we end up with more vacancies and sprawl by removing businesses from the hamlet centers. So it's not an exhaustive list. I can't tell you right off hand. Any other questions. That's the answer. there's a long list its elements and we We'd like to sit down and go over, like I say about what is rural character and what are still have some way to go, but thank you. Tom Flater: From Mattituck. I was just curious what Mr. Palast defined as the hamlet center for Mattituck. Mr. palast: That's a good question. What we are doing is - come to the meeting on the 18th - we are going to hold a meeting for every hamlet, for every school district. The people who attend will be asked to, in fact, draw a line to define their hamlet. As you know, in the code their are certain definitions, for example 1/2 mile, a mile from the post office. We have certain areas that are designated hamlet business zones. So we have certain definitions on the zoning maps right now, but we are actually working on that question to...part of the the mandate given to us by the Town is to try to correct the zoning map so that we have a very good idea what we mean by hamlet center, so come the 18th. And I should let everyone know we are going to have hamlet by hamlet meetings, asking people to actually draw their lines and say, this is what we consider the center and we're we'd like to see development, as we understand it. Mr. Flater: OK, thank you. Mr. Ward: Is there anyone else that would like to address the Board as this point? Linda Levy: I'm the Southold coordinator for the North Fork Environmental Council. I'm speaking tonight on behalf of the North Fork Environmental Council and this is, I think, the third time that we have addressed you on the issue of the Burger Kinq. As you probably are aware, we believe that there should be a Positive Declaration on this proposal, because we believe that it requires an Environmental Impact Statement before a decision can be made. We have two specific reasons for that, that I wanted to go over with you tonight. The first, which may seem minor, but the more you think about it the less minor it seems, has to do with our new garbage law. Up until now, for example back when McDonalds came in, we were worried about how was the establishment itself going to get rid of it's own garbage. And that has been addressed I understand in Southold Town Planni4ltBoard 16 November . 15, 1993 the documents that have been provided, that Burger King is going to ship out their garbage and it's going to be out of town. But, our concern is about the trash that is going to be littered on the streets and there is a big difference now between now and when McDonalds' application came in about what the impact might be on our community in terms of the garbage. And the difference, of course, is that we now have a fee for garbage. Now, if somebody goes to the Burger King and picks up their hamburger and their french fries, and takes it into their car to drive and eat on their way to the ferry, for example, they can't just stop at a garbage can and throw the stuff away. They have to somehow locate a yellow plastic bag with the Town logo, shortly, to make sure that it's disposed of properly. I thin that one of the concerns that we've all had about the new garbage law has been illegal dumping in the town, and I think that the fact that we have this law is going to increase trash and garbage on our streets in all cases, and in particular in something like a fast food restaurant. Just because they don't have a drive through window doesn't mean that people are going to be eating in the establishment. For example, in New York City, in Manhattan, there are no drive through windows at any of the fast food restaurants, but people don't sit and eat in the restaurant, you find trash allover the street. And they don't have to pay for their garbage to be removed. So we feel that in light of the change in our Town Code regarding how we dispose of our garbage, this is an issue that should have been addressed in looking at this application. More importantly is the question as to whether or not the public has had an opportunity to really address this. The controversy that's generated by the building of a Burger King in Mattituck _ and I think the number of people here tonight is witness to the fact that there is a controversy - is not unexpected and I don't think that it's unexpected to you and I don't think it's unexpected to the developer. Only two years ago, the public outcry against the McDonalds was so great that our own Town Supervisor, on record, in the newspaper, stated that he was going to do whatever he could to re-write the Town Code to prevent fast food restaurants from being in the Town of Southold. Now, as you just heard the US/UK Stewardship Task Force, which is an official committee of the Southold Town Board, has recommended that the code be changed so that these types of businesses would only be permitted in the hamlet business zone. And as you know, is currently zoned general business in the location that this would go up. c This concept that we want this, both businesses and high density residential units, to be in the hamlet centers has been endorsed by all of our elected officials, as well as, I believe, you yourselves, the Planning Board. The proposed development of the Burger King flies in the face of this planning concept and of this recommendation. The impact of this unplanned use on our community character has to be assessed under SEQRA law. In determining the significance of unlisted actions, the SEQRA law Southold Town Plannii Board 17 November . 15, 1993 states a whole list of criteria of what has to be looked at and one of them is the impairment of the character or quality of existing community or neighborhood character. Now Mark asked before, how would you measure this, what would they check other than does it look nice or is it a garish sign or a pretty sign or...I think that unfortunately, and one of the reasons that we need an Environmental Impact Statement so that we can thoroughly look at this question, is that it isn't something that can be measured just by whether or not it goes along with the architectural design of the rest of the town. It's something that's somewhat intangible but I think that we all have a sense of what we mean when we say that Southold has a certain character and that a fast food restaurant may not necessarily conform with that character. We would like to see this addressed, and thus far the issue specifically about the community character has not been addressed. We feel, at the NFEC, that by issuing a Negative Declaration what you're telling us because there is not even one single comment in either the Environmental Assessment Form or in your own consultant's report about the impact on this community character, ,we feel that what you're telling us is that there isn't any impact. But in fact, we don't have any fast food restaurants in Southold right now, so to say that having the first fast food restaurant in the history of this town, 353 years, that that will have no impact on our character seems to me to be a rather ingenuous statement. I don't think that you believe that and I would like to see it addressed. I believe that there has not been a hard look taken at the issue of the impact on our community character. In light of that, we believe that if you were to issue a Negative Declaration at this time, it would be in violation of SEQRA. We have to take a hard look at these issues, there will be trash on the streets, and our community character will be affected. Only the Environmental Impact Statement can adequately assess to what extent this will be affected. We can't answer tonight what those issues are, that's the whole purpose of the Environmental Impact Statement. SEQRA requires that any agency that declares itself lead agency make every reasonable effort to involve applicants, other agencies and the public in the SEQRA process. In this case, we believe that that mandate can only be carried out by issuing a Positive Declaration. Thanks. Mr. Ward: Would anybody else like to address the Board? before the applicant. Anybody .. Linda Fletcher: I'm here tonight~also on behalf of the North Fork Environmental Council. It appears that the core issue here is the community character of the Town of Southold and I would like to expand a little bit on what Linda said as regards that. First of all this issue of the community character is of paramount importance to me and to hundreds of other residents in this community. And it directly relates to the Burger King application which is before you. I'm going to try to refer to, as much as I can, to issues and to facts and things that are Southold Town Plannii Board 18 November . 15, 1993 stated within the SEQRA law and other documents that you have at your hand, that you're able to get a hold of. A stated purpose of SEQRA is to involve the public in the SEQRA process. And Linda just said this, that agencies are charged to initiate communication early on in the process to identify areas of controversy relating to environmental issues requiring indepth analysis in an EIS. If you issued a Negative Declaration for this application that would effectively subvert this process by removing the opportunity for public concern and identification of relative issues and public scrutiny. Secondly, the determination of significance of an unlisted action is made by application of stated criteria in State regulations. Several of those criteria are relevant to this application. Now, on August 5th I presented to your Board a memo that stated the criteria taken out of NYCR Part 617 that I know you are familiar with, and I took out about 4 or 5 of the criteria that I felt were relevant to this application. I would only like to talk about the impairment of the character of the existing community, at this time. But there are others, and I provided you Board with a copy of this and there were pictures that went with it and I hope that it was sent to Cramer and Voorhis. I don't know. Anyway, that business about the community character, which is in part of that list, that criteria, is certainly relevant here because there exists no major chain fast food restaurant in this town. And, if the presence of this type of business appears, we all know that it would alter the face of this community forever. And yet nowhere in the Cramer and Voorhis report and review of this application is this factor mentioned. And this is a factor which is part and parcel of the SEQRA review, but it's never mentioned there. So I 'thin~ this is inadequate. I don't think this report is comprehensive enough. Also, I'd like to remind you, and it's also in my report, that the failure of the lead agency to consider whether the character of a community would be altered by a proposed action, was held to be arbitrary and propitious by the New York State Board of Appeals. So, that is an important consideration for your Board to look at. Finally, I would like to direct your attention to the LEAF for this project - Part 2 and question number 19 which is found on the last page of the LEAF. I would like for you to note that your chosen consultants, Cramer and Voorhis, have answered yes to the question of the actual existence or likelihood of public controversy related to potential adverse environmental impacts of this application. They said yes, there is public controversy. But once again, it was never addressed in their review. They don't say anything about it. They say there's controversy and they just let it go. This Board is required by law to take a hard look before issuing a determination. The North Fork Environmental Council calls for your Board to do exactly this. You can do no less and no more, than what the law requires. To do otherwise would constitute a failure to comply with the intent of the State Environmental Quality Review Act. And in the interest of good government and Southold Town Planni4ltBoard 19 November 15, 1993 . prudent planning, we trust this Board to do the right thing. Thank you very much. Ronnie Wacker: I'm from Cutchogue and I'm a member of the North Fork Planning Conference. I have a distinct feeling of deja vue here tonight. It was only two years ago that we were up here talking to you about McDonalds and we were promised at that time that the Town would see to it that there would be some limits placed on fast food operations and nothing was done of course. Well now we have a new administration, brand new that's coming in January and we all have been busy in the last couple of weeks filling our the Task Force questionnaire to see what people in Southold Town really want the future of Southold Town to be. I propose that we wait until the questionnaire's have been tabulated and the new administration has had a chance to assess them and to act on them. Let's not be hasty, by any means at all. I hope that whatever action you take, you will wait until after we have our new group in place and in any event I do think that we have to have a Positive Declaration, whether its done now or later or whenever, because there are a number of questions that have not been answered to date. So I hope that you will postpone action. Thank you. Mr. Ward: Anyone else like to address the Board? Jean Mariner: I live in Mattituck and Mattituck is the gateway to the Southold Town and as such it should be kept in such a manner that our major economy - tourists and the second homeowners - have the ambiance that they want and that's why they're coming here. And by allowing this strip zoning to have continued in Mattituck, you are destroying the gateway to Southold Town, destroying the character of the town and there is nothing wrong with taking some time out. The Town's of Oyster Bay (inaudible) there's legal precedent for just taking time out. You'll be upheld in court. You can just put this in abeyance for a short while until the people of the town have spoken through the planning process with the US/UK recommendations and I urge you to think on that and please don't destroy the character of Mattituck anymore. It's already been fairly well destroyed. Maybe we can turn it around and think that this is the gateway to the Town of Southold - one of the last great places in the western hemisphere - and perhaps we could all work towards keeping it that way. Thank you. ~ Linda Miselborski: I'm seventeenfyears old. I'm in favor of Burger King. I don't eat meat and chances are you won't find me in that place. But I feel that it would be great because it will produce jobs for us kids maybe, and maybe get off the streets where you go and eat. It will be good economically. As far as the problem with the trash, I called Burger King in Riverhead and I called McDonalds in Riverhead and they say they have garbage around their place of business but they take care of it. They have people who go out there and take care of the trash. I called Riverhead Town about their trash problem and they said Southold Town Planni4ltBoard 20 November . 15, 1993 it's not as bad because they have people who go around taking the trash. They have kids, older families go around communities and take the trash, pick it up, dispose of it and he said - Joe Janoski, I talked to - he said it was basically kids were willing to pick up after the trash and get rid of it. (CHANGE TAPE) I'm sure we could have people help pick up the trash. People are concerned about the environment now, I mean there are some people who litter, but I'm sure a lot of people have stopped littering. I know people who littered and they don't litter anymore becaqse of the environment. I just think it would be a good idea to have a Burger King. Thank you. Mr. Ward: Is there anybody who has not addressed the Board yet who would like to talk? Bruce Isaacs: I have one very specific concern about this application. Maybe it's been addressed, I don't know, but somewhere along the North Road there is going to be a sign, or two signs, one from the east and one from the west, directing people to turn south to the Main Road to come and get their Whopper, or whatever. The poor unfortunate lane or street where this sign is directed is going to change dramatically, particularly in the summer and particularly at times when the ferry comes in. Living on Alvahs Lane, I certainly do not want that direction to come down Alvahs Lane, because I don't want my street to be turned into a thoroughfare. I was wondering has anybody looked into this aspect of the application? Mr. Cuddy: I'll address that. Mark McDonald: Do you want to wait until the very end and do all of it? Mr. Ward: Yes. Is there anybody else that would like to address the Board before the applicant addresses the Board? OK, Mr. Cuddy, I guess we're ready. Mr. Cuddy: I first want to thank the young lady who got up and spoke. I go to a lot of meetings and I'm the sole speaker. I want to address the gentleman that just spoke. You indicated some fear and apprehension, I guess, about signs being posted. The owner has indicated to me, and I state here on the record, before all of you, and into the tape, that there will be no signs posted on the North Road, there will be no advertising signs for Burger King. If you want to knowc- you asked - that's the answer. No. I would like to go through a little bit factually, before I get to the law. Factually, I think there are some errors that are being made and I think that maybe some people in the audience have been misled. First, let's take a look at what we're talking about as far as that particular area. To the west of this location is a gasoline service station. Across the road is the Southold Town Planni4ltBoard 21 November . 15, 1993 Suffolk Times and right next to the Suffolk Times is a used car lot. Audience: Illegal used car lot. Mr. Cuddy: It hasn't been illegal yet. It's been there for a year. Right next door is an insurance agency; right after that is GNS. Across the road from that is the North Fork Bank. This is hardly a non-commercial area. And I think factually, we should recognize what it is. But I think more importantly, let's take a look a little bit at the law. Unfortunately, we don't really address the right Board; and I've said this before and Mr. McDonald has commented on it before. What you're asking tonight is this Board to take the speculation from the Stewardship Task Force and convert it into zoning. That can't be done. It can't be done here, and it's not done. It may be done someday. I don't know if it will ever be done, and neither do you, quite frankly. But what we're looking at is zoning that's business zoning. We're looking at a business zone that permits this type of use. We're looking at a three acre lot and I think three acres is a good size business lot. We're looking at a piece of property that's going to have a building 140 feet back from the road and there's no fast food restaurant that's 140 feet back from the road. You can look anyplace you want, it just isn't done. But here it is going to be done. There's going to be 3,000 square feet, which is relatively small. It's smaller, in fact, than McDonalds. But this applicant has been before this Town for close to two years. The applicant is a real estate partnership, and that real estate partnership has owned this land for years and years and years. And the only difference is that there's now a Burger King instead of a McDonalds. Burger King is before the Board the same way McDonalds was before the Board. McDonalds received from you a Negative Declaration and there's no reason that this application shouldn't. To talk about the impairment of the character of the community is quite surprising to me, because we have done everything that we can to make this a decent building and a decent operation in this particular location. I've been through the facts before, and this is an area that's appropriate to have it. The Town has zoned this property this way. You can't undo zoning. And wh~~ you're here tonight asking them to do is NOT consider the zoning. The zoning is there and I think these people, after two yeafs, are entitled to have a Negative Declaration. They have addressed every concern that the consultant has brought before you. They have addressed every concern that this Board has asked for to be addressed. And I would ask you to approve the Negative Declaration. I think they are entitled to it and I think the time is correct. I think this is the time to do it. I'd be pleased to answer any questions that you have. Mr. Ward: Does the Board have any questions for the applicant? Southold Town Planning Board . 22 November 15, 1993 . Are there any other questions or concerns from the audience at this point? Debbie Sidlaukis: I live in Mattituck. I would just like to comment on Mr. Cuddy's remarks about the other businesses that are in the area. You do need a gas station. These are all necessary things. You need a gas station. You need a bank. The newspaper is a local business and has been for years. The only thing we don't use is that stupid used car lot. We don't need and we don't want fast food franchises on our Main Roads. I think this was made quite evident back when McDonalds was trying to get in. Unfortunately, we had a Board that obviously didn't care about what the majority of the citizens of this Town want. I hope you will give this more consideration because it will change the character. It will change the character of our Town. I'm not saying that the Main Road in Mattituck is heaven on earth, there certainly could be a lot done. But what is there are necessary for everyday daily living and I don't think a fast food franchise fits into the same category. Mr. Ward: I don't want to limit conversation, but if they're issues that have been addressed by either side at this point, I'd like to limit it at this point to anything new to be brought up to the Board for consideration. Linda Fletcher: I'd just like to ask one question of Mr. Cuddy when he mentions that the owner is ready to certify that there will be no signage. Who is the owner? Mr. Cuddy: Cofam Realty is the applicant. Mr. Ward: I'm going to have trouble with this conversation on the tape. If we're going to have a back and forth, I'd rather have it addressed to the Board, and Mr. Cuddy if you would stand at the microphone, if you're going to have to answer a couple of questions, let's make sure it's on the tape. Linda Fletcher: Realty will own property? So therefore, is it to be understood that Cofam the Burger King, or do they just own the Mr. Cuddy: Cofam Realty owns the property it will have also an interest in the Burger King. I represent the applicant. The applicant is Cofam Realty. It is g01ng to have a Burger King franchise. I have said before when we talked about the signs, that there will not be signs. I spoke for Burger King and I spoke for Cofam. I speak for them now. For both. So there should be no mistake. Linda Fletcher: I didn't understand who the owner was. I think that's important to clarify that. Mr. Cuddy: Well that's who the owner is. The owner has been the same person since... Southold Town Planni4ltBoard 23 November 15, 1993 . Linda Fletcher: I know that, but Burger Kings are often franchised out to other people who maybe it is their contract on this property to sell it to a contract vendee. Mr. Cuddy: No. I didn't say there was. Linda Fletcher: No, I know you didn't say there was. asking if there was. I was Mr. Cuddy: May I add just one line, if I could just have a minute. There was concern about fast foods in this town, and I find that an odd concern when we have 7-11's and delis but more importantly, I didn't go far enough west. Perhaps Subway isn't well enough known, but Subway is sitting in Mattituck, in the shopping center, and it's a fast food chain. Mr. McDonald: Mr. Cuddy, I want to make sure I understood. There is going to be no off site signage. Mr. Cuddy: That's right. Linda Fletcher: I have just one more point that I wanted to make. In the report that I gave you, I would like to emphasize that although Mr. Cuddy was emphasizing one side of the application, the North Fork Environmental Council here is asking for a harder look for a Positive Declaration to take a closer look at this application. We are not asking for a ban on fast food restaurants. I would like to make that very very clear. We want more scrutiny. And to that end, another part of the regulations says that the lead agency must consider reasonably related long term, short term and cumulative effects. I think this is something that hasn't come up tonight, but it's in the law again. Cumulative effects of this action are devastating. We know what it means and it was to that point that I included pictures in my report which I don't have to include. You can all take a drive to Riverhead for cumulative effects on Rt. 58. We all know what they are, and the lead agencies are charged with looking at that in making their determination. So I think we need a harder look. Thank you. Jim Small: putting up offensive, Friendlys, follow. From Cutchogue. Even if you were to succeed in a nice cozy little Burger King, something not within five years I know we would have Wendys, Pizza Hut, McDonalds. It's obvious this trend would , , Bruce Isaacs: I'm not a lawyer. He said that they won't put up a sign but how is that enforced? What if they change their mind six months down the road. What guarantee is there that this would last in perpetuity, as they say? Mr. McDonald: He's on the record. It's part of the SEQRA process. If he violates it, he's in violation of the site plan ordinance. Southold Town Planni~Board 24 November . 15, 1993 Bruce Isaacs: And what's the penalty? Mr. McDonald: That's a good question. The Building Inspector would... Bruce Isaacs: Yeah, but that doesn't help Alvahs Lane for instance as far as the sign. Our street is ruined at that point, or whatever the lane happens to be. Mr. Cuddy: Just for the record, if I may Mr. Chairman. This type of operation requires three acre lots because of the Health Department concerns. You have to also be in the right zone. I believe in this Town looking at the zoning. There probably are less than three other places that could contain any possible fast food operation at any time, and they're not all together. So when somebody says that there are going to be a myriad of fast food places here, it's just not zoned that way. It couldn't happen. Tom Flater: I'll be quick. A little bit of repetition. All I'm asking is, after listening, particularly to the North Fork Environmental Council, there are obviously some concerns about properly addressing some of the SEQRA requirements and guidelines. We just want to make sure we take some time here. There's obviously some controversy. We either maybe want to see a postponement of your declaration; a better case would be a Positive Declaration. Let the town speak for what they want. And in addition, Mr. Cuddy had mentioned, that for McDonalds there was a Negative Declaration, is that correct? Mr. Ward: Yes. Tom Flater: Just because two years ago McDonalds got negative, I don't think that's got any impact whatsoever on this. Things change over time. So I really think that's got very little to do with it. Thank you. Mr. Cuddy: In light of the postponement, it is simply to give in to a group from the North FOrk Environmental Council. To delay is precisely what people wish when they want to obstruct. This isn't a question of entitlement in zoning. We have the right zone. This isn't a question of coming before you in the last few weeks. This application by itself has been pending for month after month after month. The same application essentially occurred before. This is an application that has gone before the Zoning Board of Appeals. It was approved before the Zoning Board of Appeals. This is an application that has had an infinite number of hearings. And whether this hearing is correct tonight, and I have some doubt that there is this type of hearing, but we've had it and everybody has been democratically allowed to talk, which is fine. But it's wrong for any applicant, whether it's Burger King or anybody else in this town, to be delayed inordinately because some people feel that this shouldn't exist. That's all that's really being said. We don't like this Southold Town PlanniiltBoard 25 November . 15, 1993 application. But the zoning is for this application and it's been for this application for years, and it's wrong to do anything but to have it approved tonight. Barbara Volper: I live in Mattituck. I am involved with no organization. I am not a member of the North Fork Environmental Council. I am here as a tax payer; as a person who cares about the town. I had no idea of getting up and talking. I have to address Mr. Cuddy and a few members. First of all, the seventeen year old girl who is here, I give her a lot of credit for getting up and speaking her mind. Especially knowing that she was amongst a lot of opposition. As far as Burger King getting kids off the street, if they got the kids off the street, if they got the kids off the street there wouldn't be help wanted signs in every single fast food store that you pass, especially in Riverhead. As far as being a kids hangout, I don't think anybody wants that. The businesses that are surrounding the Burger King property, none of them promote excess traffic with the exception of possibly the gas station. Burger King will definitely promote traffic. You are not going to be able to get kids to work there. They don't want to work for minimum wage. I have three children, the youngest is 15, she does not work for minimum wage. I really don't think too many kids will today. The impairment of the character of this town is...you've got to keep the character of the the town the way it is. That's why people come here. I worked in one of the larger vineyards, approximately 3 years ago, and I worked there for four years. And all the people who came to that vineyard, not once did they say to me, "Gee Barb, where's there a fast food restaurant?" They asked me where there was a cozy quaint little restaurant. They come here because they want cozy and quaint. You put in Burger King, you're going to have McDonalds, you're going to have everything else. There goes cozy, there goes quaint. There's nothing left, we can all go to East Marion. Thank you. Carrie Zenkowski: I'm seventeen years old and I live in East Marion. There is absolutely nothing there. There's nothing from Orient to Southold. I may seem lucky, but when I go and hang out with my friends, I don't like to see them drinking, sitting along the side of the road near a beach somewhere, passed out. I'd rather see them at a Burger King or a McDonalds. It may seem ridiculous, but when you proceed to sit here and say our rural construction of our town and this and that, no matter where you go there is going to be something rural about it. There is absolutely nothing in Orient. I worked at Terry's Farm Stand, that's, at the minimum, blast of the Island. There's nothing there. People come by and say what's to Orient Town? There's nothing to Orient Town but a little deli, a little antique store, a church. There's nothing there. When people want to come to our town and say oh Orient is such a great place, it's because it's just houses and a little community. There's nothing there for kids. Kids from Orient have to travel all the way to Mattituck to visit their friends. If there's someplace between Orient and Mattituck, sure kids are going to find a place to stay Southold Town Planni4itBoard 26 November 15, 1993 . and hang out anywhere. But it's kind of ridiculous to be sitting here arguing about fast food restaurants, when you're subdividing land and property that isn't even being developed. There's property across from Porky's Restaurant in Greenport that's been sitting there for I don't know many years, and it's supposed to be a mini mall, but you don't see that being built. I don't see any small businesses being put in there. There's places across from North Fork Deli and Bagels Plus and Davals. Those businesses went out, they're all closed up. There's a billiards place, kids used to go down and play pool, now there's nothing at all. I go and I hang out in Riverhead, now there's a Taco Bell opening up. You'll see the majority of Greenport, Southold and Mattituck students going there to hang out with friends that they meet from other places because there is other stuff to do on the south fork and up the Island. Mr. Ward: I would like to just take a minute, for those that are present, for Bob Kassner, the Site Plan Reviewer, just to go through the...there are a number of issues that did arise and the applicant did address, and I thought at least for the record tonight that, Bob if you would, just run through those particular issues that were addressed by the environmental review and the Planning Board and others in terms of what has been done by the applicant. Mr. Kassner: As you all know, we did a coordinated review on this. So all the involved agents had input and we sent it to our environmental consultants for their recommendations. The environmental consultants came back to us after due consideration of all the inputs, including a cumulative traffic study, and stated that a Negative Declaration was in order, with the following provisions and extra data. And what they asked for was sign details. As we all know, the standard Burger King sign is a very large, plastic, internally lit sign. The proposed sign that Burger King intends to present is a wood carved sign with flood lighting. Not the standard plastic Burger King sign. We had some concerns, and they had some concerns about garbage disposal. We have a letter from the applicant stating that all garbage will be trucked out of the site, not going to the transfer station at the landfill. We had some architectural concerns about the building. It has four doghouses; it's very colonial. Recently, we asked for double hung windows to give it a more colonial, more architecturaly significant compatible facade, and that was incorporated into the plan. We had some concerns about the slope. As you all know, if you've gone by this, there's a very steep slope in the front. And we were concerned about some of the erosion into the Main Rd., that is State Rt. 25. The applicant has provided ground cover and has reduced the slope and other types of mitigation measures to Southold Town Planni~Board 27 November 15, 1993 . reduce this, and during construction will put hay bales and other types of things to prevent the erosion into the Main Rd. Our environmental consultants had some concerns about the number of trips in the traffic study. And incidentally, it was brought out before, we did a cumulative traffic impact study. We not only included Burger King, but we included Dunkin Donuts and we included North Fork Bank in this cumulative traffic study, to see what the total impact would be on Rt. 25, and that was considered. The major thing was that the 86 seats in this restaurant, there was some controversy whether that was used in the traffic study, and it was. We had some concerns about lighting. All lighting is going to be colonial lantern type lighting on 12 foot stanchions and the signs will be lit by floodlights, not internal lighting. So these were some of the concerns that the environmental consultants presented to us and I presented to the applicant and received, what I think, was satisfactory input. Mr. Ward: Bob mentioned a little bit about the architecture and the architect is here,I don't know Mr. Cuddy if you want him to address any of these issues while he's here. Donald Denis: My office is in Aquebogue. I don't know if you're familiar with my office, but it's in character with the community of Aquebogue. And I'm also conscious of what the people in the community are talking about. We've done everything possible within the confines of the site to make the building appropriate for the area. It's a very small building, I think some of you people may live in a house that's bigger than the building. It's 3,000 square feet. It's not a large structure, it's one story. It has a pitched roof, it has the doghouses in the front, which are colonial. It has double hung windows which was insisted upon by the Board here, with transoms, they're all divided into millions. There is no drive-in facility. It's a three acre site and a 3,000 square foot building. I think what you're comparing in character is places like Syosset and Huntington which are building fast food places on 100 foot wide lots. This lot is three acres. This is a large piece of property and it's set back, as Mr. Cuddy said, 140 feet from the road. I don't think that you can find a fast food restaurant anywhere that's set back this distance from the highway. I know there's none on Long Island that! know of. It's set back an almost inordinate distance from the road. It's set back to a point where I think it puts the applicant at a disadvantage of trying to have a commercial installation there that will be noticed by the people going by. (CHANGE TAPE). The signage has been reduced to the minimum size. It is not, as Mr. Cuddy said, the typical plastic Burger King fast food sign. It's an attractive wood carved sign which will be lit from the ground by floodlights, not be neon. Southold Town PlannieBoard 28 November . 15, 1993 So, I think we've done architecturally, everything that's possible. I think to categorize the restaurant as fast food, and say that that necessarily makes it bad is not fair to the applicant. I think we all have occasions when we want to stop to have something to eat and we stop in a place and we don't spend much time. I think the fast food is in the preparation, not in the time of eating. If you want to go into Burger King and sit there and have your dinner or have your lunch, and spend a half hour, I don't think it's any different than going into any other restaurant in the community. You can also point out the fact that delis, none of their food that I know of is eaten on the premises, it's all taken off the premises. So I don't really see how this is going to change the character of your community. I'd be glad to try to answer any questions that you may have that address itself to the architecture, but we have made a concerted effort to try to mitigate the restaurant. It really is just a restaurant and to call if fast food I think is very unfair. Are there any questions? Ann Lowry: I'm speaking for both the North Fork Environmental Council and the Task Force. I'd like to speak to what Mr. Cuddy said about you people or a few people, because I think the number of people involved in this are far greater than even the quite full house that we have here tonight. There were enough people so that we were promised, two years ago, that this issue would be addressed by code changes. That was because there was a recognition that a large number, a significant number of people in the town did not want this kind of establishment here. We come here with our frustration, unfortunately we bring it to you, though you are not the ones that broke the promise. But we are here with that frustration, nonetheless. I think it is a question of what the town really wants. And to that point, the Task Force survey did address that in one of its questions and we will be tabulating that in another six weeks, I suppose. And I should think that you would want to have as much in your hands about what the people want, as you could have. Thank you. Mike Commando: I just have a question to proceed my statements. I want to ask you how long do you think it would take after you approve the Burger King, before you would start getting petitions from all these other fast food restaurants and what leg would you have to stand on at that point, after the precedent has been set, to deny them? Mr. Cuddy already used his illustration which was that there is a Subway. So, because there is a Subway here already, you must allow us in here. And then you allow them in there and McDonalds will come and say well you have a Burger King and you have a Subway how can you deny us? This has already been said, I understand. I'm a local business person. I represent no organized group. I'm not affiliated with any group. Corporate American is appealing to your sense of fairness, while small town America appeals to your common sense. It doesn't take long for entrepreneurs to seize hold of an opportunity. This is an opportunity for a business, without a doubt. What your dealing with is an intangible asset - the Burger King logo. What the Southold Town Planni~Board 29 November . 15, 1993 North Fork is dealing with is another intangible asset and that's the serenity and the pristine nature of the environment. It's a trade off that I'm not willing to make, and I hope you're not either. Mr. Ward: Is there anybody that hasn't addressed the Board that would like to address the Board? If not, is there anyone else that, before we make any of our decisions, would like to address the Board? Ronnie Wacker: From Cutchogue. I have just one question, and maybe it's been addressed, but I'm not aware of it. Mr. Cuddy spoke about the Subway in Mattituck, in the mall there. That seems to me to be an appropriate place for a fast food restaurant, and I wonder why Burger King has not decided to locate in such a situation or in another mall area in Cutchogue, or wherever. Because I think people would be more accepting of it, if it is within the hamlet district. Mr. Cuddy: Can I answer that? Again, I think the problem is, and I first of all want to say that the reason that I referred to Subway is because it was so emphatically said that there was no fast food restaurant. But, more importantly, to answer your question, Burger King has had, through the owner, an opportunity through zoning, to go into this locale. When property is zoned, you can use if for a purpose. What you're saying is, don't use it the way it is zoned; let's speculate on what might happen in two months, or four months, or sometime when the Stewardship Task Force gets through with what it's doing, then perhaps we'll have a change, and perhaps we won't have a change. But let's just put it off and let's not recognize zoning. Zoning is the right that everyone of us has in this room to use property in a certain way. The applicant has that right, now, to use the property. And I am surprised at all the adults here, not the youngsters, but the adults, who keep saying don't think about zoning. Zoning is what the law is. I have to abide by it. You have to abide by it. All of us have to abide by it. The property is legally zoned this way. The reason they want to use the property is because this is the place that they believe is appropriate for their particular type of operation. They haven't found any other place. They've been doing this, through the owner, for close to two years. They have a right to do it. There's nothing we should apologize for. There's nothing I should apologize for. This is what zoning allows us to do. 'This is what local government allows us to do. Someday you may change that. But when it's not changed, I would ask all of you to at least recognize it for what it is, and that is the right to use your own property. That should never be taken away. Unidentified person: That doesn't answer the question. Mr. Cuddy: Now, if you'don't think I've answered the question, tell me how you would like me to answer the question. Southold Town Planni4ltBoard 30 November . 15, 1993 Unidentified person: Burger King go into a place? The question simply sir is why doesn't shopping mall like the other fast food Mr. Cuddy: Because it thinks this is an appropriate place and that's what I just said, for it's operation, as opposed to that type of locale. It believes it will economically do better in that particular locale. It believes it can build a building that will be attractive and will be useful to it. That's why it's there. And it's allowed to do that. Believe it or not, it's allowed. Ronnie Wacker: Well, in one of the malls around, I think you would have more traffic than what you would have on the Main Rd. because you would have people who would be going in the mall for other purposes and they decide, oh I'll stop and get a bite. So, what my question was, was had Burger King thought about moving into the mall because there's certainly enough empty stores in the mall. Mr. Cuddy: There's one other big problem with restaurants going into any mall and that is that the Health Department requirements are onerous. That's the reason that we have three acres of land. Three acres of land is used to put in all the facilities that we need to satisfy the Health Department. We can't do that if we go to the shopping mall. Ronnie Wacker: Well how would Subway be able to handle that? They must have the same problems. Mr. Cuddy: We may be able to get one...no, not necessarily, because first of all their size is much smaller, number one, and number two, you can, in some places get in with a smaller number of pools and other things. You couldn't do that if you put two or three of them in Mattituck shopping center. That just couldn't happen, if that's what your idea is. It'll never happen. Ronnie Wacker: Well, alright, that answer seems reasonable. But it seems to me that if this were to be approved, or if it were to receive a Negative Declaration, that the applicant would be taking advantage of the problems in zoning that we have had in this town in the last four or six years, I guess. We are aware now, we did something about it a couple of years ago. We brought in some people from England and parts of the United States to look over our situation to tell us what was wrong. And we found out and the Town at that time, the administration, agreed that we should follow these recommendations. Of course, in the interim now nothing has been done. And we were all very hopeful at the time. But here we are at the point where some people who have been studying these problems and who are quite reasonable and knowledgeable, have said that they are very concerned about the US/UK recommendations, we have a task to do something that will be constructive to the town. And I hate to see a recommendation that would be brought down now, when we have, just in two months, Southold Town Planni~Board 31 November . 15, 1993 a whole new administration that may change our future. So I hope you'll keep that in mind. Thanks. Linda Levy: I just wanted to reiterate for one minute, that the point is not that we're saying that the zoning right now does not allow fast food and that we don't want a fast food. The reason that everyone is here and is so concerned, and the reason that the Task Force has made this recommendation is because it is not in keeping with the character of the town to have this fast food restaurant in this particular location, and that is why we are saying that the only way for an adequate understanding of what the implications of this fast food restaurant might be would be to give a Positive Declaration to this project, so that a full environmental impact statement that will take into account all of these issues, will be developed. I cannot refute the fact that it is zoned for fast food right now. Maybe it won't be zoned that way in the future, but even if it is, regardless of whether they change the zoning or not, I would still believe that we would need to have a Positive Declaration and a full environmental impact statement before approving this type of establishment in Southold. Mr. Ward: Is there anyone else tonight? Anybody that hasn't spoken, we really don't want to go back and forth over the same issues. Linda Fletcher: I would like to ask you all a question. It's been my experience that as you drive through these alleys, that Burger King has a really nice thing that they offer to families that is often set up in the front of the restaurant. I think it's called a playground and they put all these toys out there so the kids can play in it. Now, they keep going on and on about how far back from the road this particular restaurant is being set; in fact the architect has mentioned that its almost a detriment how far back from the road it's being set. I'm wondering, what do they have planned next year for that big space on the road, and can there be any conditions, like they've been so willing to sign things like they're not going to keep any garbage in this town, that they're not going to put signs up on the streets of this town. How about no playground? I wonder about that. I can site you court cases in other states where they have gone in and demanded these things. Once they get there they say, yeah, we'll do what you want, we're real happy to do what you want, and a year later they're back in; they want the drive through, they want this, they want that. And you talk about law suits, that's when they start to get nasty. It's on the record, it's documented and I'd just like to know can you say something...I mean if you're accepting things about the garbage and signage, what about the playground? Mr. Ward: Well, if there was a playground, it would have to show on a site plan. Linda Fletcher: Right now? Southold Town Plannii Board 32 November . 15, 1993 Mr. Ward: It hasn't shown. I can't say whether they're going to amend an application ten years from now or five years from now, and decide to do something else, which any applicant can do. But, it's subject to this Board's approval. Linda Fletcher: But then how can you...if you can demand no signage or get from them right now, no signage on other pieces of property, why can't you ask the same thing about the playground right now and the drive through, I mean I know the drive through is.. . Mr. Ward: Well, basically right now, the drive through is a moot issue because the Zoning Board has given them a special exception for this restaurant, less a drive through. Linda Fletcher: Right. I'm just asking, could you do that? Are you empowered to ask for that kind of a condition - no playground - or not? Mr. Ward: It can be if they offer to give us a condition of that sort it could be part of site plan approval. Linda Fletcher: It seems to me that when you talk about community character, that would really do it. Mr. Ward: Anyone else? Bruce Isaacs: I assume that because of the promise of no signs, that you do not investigate, the worse case situation is that they would violate the promise, and what would be the effect on the north/south streets. Am I correct that you did not investigate that? Mr. Ward: That's correct. Mark McDonald: We do not investigate the possibility of every violation on any application. I can't promise you he won't turn his site into an airport, illegally. We can't examine the possibility of him violating things that are illegal in the town, because there are so many, that we could never do it. Do you know what I'm saying? Bruce Isaacs: But isn't it easy for an applicant to come here and agree to everything, knowing ful~well that the penalty is so slight that if go against their promise later on, why not promise anything at this point. I mean big deal, what are you going to do slap their hand later? But yet, as I keep saying, it will ruin a side street if they direct the traffic down one of these north/south streets. I'm concerned, because I live on that street and I don't want to turn it into a through street. I think you can probably understand my concern, if you lived on one of those streets. Southold Town Planni...Board 33 No v4liber 15, 1993 Maryann Huntington: I live in Cutchogue. I'd like to know from the Burger King representative whether a giant inflatable hamburger is considered signage? Mr. Ward: No. Maryann Huntington: That means they can have a giant inflatable... Mr. Ward: No, that is not considered signage. Mark McDonald: Under the current code, they can't even have a flag that says Burger King on it. Mr. Cuddy: All things you're talking about that we'd do, under the Town code, we'd have to come back to you. I can't speculate on everything that's going to happen in three or four years. I've told you what I know. I don't expect they're going to do any of these things. If it happens, they're going to have to be back here asking for permission to do it. But we don't intend to do those things. Mr. Ward: Anyone else like to address the Board this evening? If not, what's the pleasure of the Board? Mark McDonald: I'd like to make a comment. There's a feeling that the Board almost always has when there's a number of people that show up, that simply out of consideration to them you should delay the hearing and put it off one hearing to consider their comments. And that's been traditional I think of many of the Board's. I know that we have generally done that. However, in all honesty, in this case, all I see is myself dragging you back here to another meeting. Because although whatever sympathies I may feel for the problems you talk about, general zoning in the town, I don't see how that has any bearing on this particular case. The applicant has met the conditions of SEQRA, as best as I can make them out. I'm sure litigation might prove otherwise, because I don't pretend to be a judge or a lawyer, but we've given it a very hard look as far as the way it conforms to the community. It looks like a house. It's set back farther than any house in the town is set back. They've done almost everything we've asked, through every hoop. In fact, they've done more than the McDonalds application in front of them, which we gave a Negative Declaration to as well. If we were to put every application through its paces that this one's been through, you could be sure that the applicants would never question about the thoroughness of a SEQRA review in the Town of Southold. It's been intense. I'm not much inclined to go and drag everyone back to another meeting when I believe strongly...I already know how I must vote on this. It has nothing to do with my personal feelings. It's got to do with what applicants are entitled to under the law in front of me. I don't control zoning in this town. That's not my job as a member of the Planning Board. I don't do any of that stuff. At site plans, my charge is very Southold Town Planni~Board 34 Nov4l5ber 15, 1993 clear. Here's the list that the Town Board gives me to check against. The applicant comes in, I check it against that list; there's some personal decisions, in this case we exercised them, about the look of the building, the extra set-back in it, the landscaping, the run-off, a number of items that we used our personal judgement on. But I really don't see what more we could ask this applicant about the character of the town, other than not going on this site. And that's not one of the alternatives for me as a member of the Planning Board. Now, every other Tuesday, six people meet in this room who can help you. But they're not the five people who sit here. My job is to process these applications. And at a certain point, if I don't process them, I get sued. And when I get sued, you're getting sued. Now, if there's cause for the lawsuit, bring it on. But if there's no cause, all I'm doing is running up the tab for the taxpayers, for nothing. And I don't see it in this case. I really just cannot see it. We've been over it top to bottom. There's nothing left. They're going to cart the garbage away, anything we said, they'll do it. They've been very cooperative. My personal opinion is, I'd like to read the resolution and grant a Negative Declaration, but I don't know if I have the support for that, so if you want, I'll read the resolution and we'll see if I get a second. Or, if you prefer, we can discuss it. Mr. Ward: Let's read it in. Mr. McDonald: I'd like to make a motion that BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establish itself as lead agency and as lead agency makes a determination of non-significance (CHANGE TAPE) and grants a conditional Negative Declaration. Mr. Ward: I'd just like to make a statement also, and concur with what Mark has said and that we as a Board have labored over this particular situation, even up to the present, a week ago, asking for revised elevations on the buildings, and trying to make this small building as compatible as possible with the spirit and nature of the facility. We all, and personally, I have some mixed feelings about fast food coming to Southold, but as the spirit of the law allows, it does allow for it at the present time. If we're going to disallow it in the future, we're going to have to change our cOde,cand change where we're at with it. I think Mr. Denis, as the architect on this project, has done a fine job with what he's been presented and what's presented to the town. Along with this, we have the conditions of garbage and traffic. The conditions of this resolution will include five or six comments from the State Highway Department, which is going to require certain improvements in the road, which is a coordinated review which they have done throughout the Mattituck area, which are going to be improvements made to the Southold Town Planninq Board . 35 November 15, 1993 . whole road system. To that extent then, if there's anybody else who would like to speak. Mr. Orlowski: Well, I would just to support both Mr. Ward and Mr. McDonald. I mean, I've been here a long time, and this was originally a Friendlys that walked away, and then it was going to be a McDonalds and they walked away and most of you people were here. Unfortunately it was the wrong Board and it's the eleventh hour. I mean, it was two years ago and at that time the Planning Board, I think as a whole, we talked about what to do with fast food restaurants. We realize that, that something should be done. Except nobody listened to us, so we have to move on and do the job that's in front of us with the rules that are in front of us. But, I think that if all of you here sat in front of the Town Board every week, that two years ago we probably wouldn't be here today. Like Mark says, there's only so much we can do with the rules that we have. I'll second it. Mr. Ward: OK. Motion's been seconded. All in favor? Ayes: Mr. McDonald, Mr. OrlowSki, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. **************************************** ~- W9R /~ Mr. Ward: Lorraine S. Terry - Approved 4 lot SUb~~ion on the north side f Main Road. SCTM# 1000-18-5718.3, ~~~~' 18.5 & 18.6. What' the pleasure of the Board? Mr. McDonald: I 1 make a motion. BE IT RESOLVED that e Southold Tow lanning Board eliminate the condition that was equired as art of the final approval of the minor subdivision fo S. Terry. The condition that has been that "No building permits be issued until the i well has been installed by the developer and accepted by he Or1 nt Fire District." The Orient Fire District, in a let r dated 0 ober 25, 1993, recommended that the fire well re irement be e11 inated as the subdivision is covered by an ad uate water supply or emergency purposes. The Planning Boar Concurs with tne reco endation of the fire district. Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Mr. Edwards: Second Mr. Ward Motion made and seconded. M . Ward: Opposed? Motion carried , a ,-.~:,: I , "_.,~I , "', ,I /) ~~/' t119"'--'~~\ 'fJ \t,;:~, ~. _:?, ~~:~.~~T~'" - '. /:r; , t) -"1'7. - '''),'' ,( > - t PLANNING BOARD MEMBERS Richard G. Ward. Chalnnan George Ritchie Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards SCO'ITL.HARRlS SupeIVisor ,l Town Hall. 53095 Main Road p. O. Box 1179 Southold. New York 11971 - 7:-:-...', Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765 - 1823 November 16, 1993 Charles R. Cuddy Attorney at Law 180 Old Country Rd. (Rt. 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 resolution was adopted by the Southo1d Town Planning Board at a meeting held on Monday, November 15, 1993: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a conditional Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. /.- 03Sincer/el~y , / ," . -//,' ~. /q!4<A /:1 ,*/tJ~ Richard G. Ward Chairman enc. ... .- . . RIchard G. Ward. Chalrman George Ritchie Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards " LtJ'~~"~~~" 0'),\' "'_ '~::J "~~,,_ __.~..:~: ~ t;; ~ "/~,,-', - - - --0'" "f'), --:>- ) SCOTT L. HARRIS Supervisor PLANNING BOARD MEMBERS Town Hall, 53095 Main Road P. O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765 - 1823 State Environmental Quality Review CONDITIONAL NEGATIVE DECLARATION Notice of Determination Non-Significant November 15, 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Burger King Restaurant Mattituck SCTM# : 1000-122-7-3.1 Location: South side of Main Road, 800 feet west of the intersection of Main Road and Old Main Road, Mattituck SEQR Status: Type I Unlisted ( ) ( X ) Conditioned Negative Declaration: Yes No ( X ) ( ) Description of Action: Proposed 3,000 square foot restaurant with 86 seats on 2.98 acres for Burger King Restaurant 6 . . Page 2 SEQRA Conditional Negative Declaration - Burger King Restaurant November 15, 1993 Conditions for Burger King Restaurant 1. The impacts that will result from the present lack of turning lanes shall be addressed by the installation of roadway modifications to State Route 25 as contained in the State Department of Transportation's November 9, 1993, letter to Mr. Vincent Corrado, Dunn Engineering Associates. 2. The applicant shall provide a means of minimizing potential erosion of all slope areas with particular emphasis on the majority of the slopes which are in the 12-18% range as well as those 30% or more. The pitch of the land and proximity to Main Road cause concern for sediment transport during construction activities. The site plan should indicate a means of avoiding this situation. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in Article 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I, II, and III, and the following specific reasons: 1. Subject property is zoned B (Business). The zoned use is permissible in accordance with a special exception previously approved. The project has been compared to the bulk and dimensional requirements of the zoning district and is found to be in conformance with these requirements. 2. The Long EAF Part I indicates nitrogen waste water discharge of less than 900 gallons per day. Article 6 limits on-site discharge of nitrogen waste water to 900 gallons per day, therefore the discharge of nitrogen bearing waste of less than 900 gallons per day is within the sanitary discharge limitation in Groundwater Management Zone IV, when public water water is not available. The scope of the project is consistent with groundwater management guidelines as outlined in Suffolk County's Sanitary Code (Article 6). . . Page 3 SEQRA Conditional Negative Declaration - Burger King Restaurant November 15, 1993 3. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply. Design and flow specification, subsurface soil conditions, and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. 4. The site is mostly devoid of native vegetation. It is being recolonized by herbaceous weed. The site was not found to contain any unique species of vegetation or wildlife. 5. The applicant has supplied architectural elevations in order to identify the "style" of the structure. Review of these elevations finds that the project is in con- formance with general architectural style of the area. 6. The applicant has completed a Traffic Impact Study which demonstrates that the project is not likely to have an undue burden on the road transportation system of the immediate area. The quantified traffic impacts can be mitigated by the installation of roadway modifications such as, but not limited to, turning lanes, strengthened shoulders, and a deceleration lane. As contained in the New York State Department of Transportation letter of November 9, 1993, to Mr. Vincent Corrado of Dunn Engineering Associates. 7. The building has been set back 140 feet from the road. Further, the site design provides for "landbanking" of parking stalls in order to maintain natural areas. Landscaping has been proposed around the perimeter of the site in order to improve visual aesthetics, and provide a buffer for neighboring residentially zoned properties. 8. The project calls for a use that is in conformance with the Board of Zoning Appeals Special Exception allowing the construction of a fast-food restaurant on the subject site. The proposed use excludes a drive-in window that was included in the prior application for the site. This is consistent with the Board of Zoning Appeals decision. '''~~'''''''\-''~"''''''';' '.'" ~--" . . Page 4 SEQRA Conditional Negative Declaration - Burger King Restaurant November 15, 1993 For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Thomas Jorling, DEC Albany Suffolk County Planning Commission Suffolk County Dept. of Health Services Judith Terry, Town Clerk Building Dept. Board of Trustees Applicant NYSDOT Zoning Board of Appeals -LASER FICHE FORM - Planning Board Site Plans and Amended Site Plans SCANNED SPFile Tvpe: Approved APR 2 4 2006 Proiect Tvpe: Site Plans Status: Final Approval Records Management SCTM #: 1000 - 122.-7-3.1 Proiect Name: Burqer Kinq Address: south side of NYS Rt. 25. east of Brav Ave.. in Mattituck Hamlet: Mattituck Applicant Name: COFAM Realtv Company Owner Name: COFAM Realtv 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 Brav Ave.. in Mattituck SC Filinq Date: C and R's : Home Assoc: Rand M Aqreement: SCAN Date: