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Home My WebLink About1000-113.-7-19.2722-4144 November 23, 1988 Southold Town Planning Southold Town Hall Main Road Southold, NY 11971 Attn: Jill Board Re: Mohring Enterprises, Inc. Site Plan Approval n/w Coraer Cox Neck Rd & Rte 48 M C Enterprised at Mattituck Tax Map # p/o 1000-113-7-19.2 Dear Jill Enclosed as per our discussion is complete application for consideration of site plan, applicant affidavit, short environmental assessment form and check for $100. As you know, Tast & Clemency, architects for applicant, pursuant to th?~%~n~Board,s request,,~ubm~ted for review a site plan~an~ we understood that, f~e~d inspection was made and the application was discussed at the Board,s work session and an inspection report was issued via the Planning Board's letter of November 21, 1988. The architects are presently incorporating the requested recommendations contained in your letter of November 21, 1988 into their site plan~and you will be rece such proposed site lans wi .... ~v~ng six unaerstanding that ~"on ~_~h~n s~v~y~:.~. I~ lS our v a~ rece~p~^~ese site plans, the plans will be promptly reviewed by the Board and forwarded to the Building Department for certification. As discussed, I would appreciate your expediting the matter in view of all the circumstances. Sincerely PHILIP J. CARDINALE PJC/cmg APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK '-~J~ ~l~h~'~9 ~ ~ ~~ being dul swor ' ~nd says that he resides at 3,~7 ~ . _ Y n, deposes in ~e.S~ate of New York, an~ th:t ~3~°"c ~ ~ ~(L~ ~ ~ nnat Re is the V~ ~i~ ~ nQe.~wner of the above pr6~e~ ~ ~ ~ - -,T~~ ~ o~ t~ ~ o ~, ~ ~%~%L~ ~ ~W~is here~' _. (Speci{y whether ~rtnersh~ or 'Corporation) - Dy making application; that the Owner or his heirs, successors or assigns will, at his own expense, install the re~ired site improvements in accordance with Article XIII of the Code of the Town of Southold for the area stated herein and that there are no existing structures or improvements on the land which are not shown on the Site Plan; that title to the entire parcel, including all rights-of-way, have been clearly established and are shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with S~e; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Signed ~ ~4~.,~ ~ ~-~ ~'~ ~ (~', ~S '~-c ~ ~,~-~ ,~4J (Owner) Sworn to before me this - N - ( otar~ Public)~ f ~ - ~62~,2.-S--~ ~< ~~ Title) November 30, 1928 ,(]otne.tport; ?Cew ~)or$11947 Hr. Francis J. Murphy Town Supervisor Southold Town Hall Main Road Southold, NY 11971 Re: Amendment of the Southold Town Zoning Code Dear Mr. Murphy I write this letter on behalf of Mohring Enterprises, inc., my client, for your consideration prior to any vote of the Town Board to implement the pending amendment of the Southold Town Zoning Code and Zoning Map. In a last minute change to the proposed map received by the Town Clerk on August 3, 1988, a 3.6 acre parcel on the corner of /~Ieck Rd and Rte 48 (Sound Ave) in Mattituck is shown as ne~ from the LB (limited business) zoning accorded all of s6rrounding corners to AC (agricultural conservation) zoning (see map attached). As you know the parcel is presently zoned B1 (general business district). As will be confirmed by the Planning Board, my client in 1986 proposed development for residential use of a ~0 acre parcel owned by it, including the 3.6 acre parcel. The Planning Board specifically directed, however, that the business 3.6 acre corner parcel first be set off at the zone line before the residential subdivision could continue. At considerable exp~nse and delay to the residential project, this was done and completed in late 1987. In addition to Health Department approval, the Planning i~oard required that my client impose upon that corner parcel specific Covenants and Restrictions related to its business use. These Covenants and Restrictions are now recorded at the Suffolk County Clerk's office. In each of the proposed zoning maps prior to the final proposed map of August, 198~, continued business use of this and the adjoining corners was proposed and shown on the zoning map. The amendment of August 3, 1988 which proposes zoning this ~ 2 co~ Jr parcel AC, leaves undisturbed the limited busines zoning of ~ll surrounding parcels. Ab considerable expense, my clienb has had pending before the Planning Board, a site plan approval application for the business use of this corner. In light of the small size of this specifically set off parcel and its corner location, it appears clear that the purpose of the AC zoning as set forth in proposed section 100.30 of the proposed zoning amendment cannot be accomplished as it relates to its stated objectives "protection of open lands" and ~'large and contiguous prime agricultural soils~" It seems equally clear that none of the limited uses in AC zoning woul~ be ~ppropriate to this relatively .~mall corner parcel surrounded by LB zoning. The AC zoning essenbially condemns the property. Aside from the questionable biming and the fundamental unfairness to my client of this last minute change in the prooosed zoning map, it also a ~ ~ ppea.s that such change serves no purpose in light of the pronounced objectives of AC zoning. Clearly, this corner and the adjoining corners would be more appropriately developed for business, or at least limited business, use. I would request in view of the above facts (some of which were presumably not known to you at the time of the August change) that prior to any Town Board vote, the LB designation be reinstated in regard to the involved parcel. I respectfully submit that doing this is in the interest not only of fundamental fairness but in bhe inberest of good zoning as well. I would appreciate as. pec~f~c' ' response to the facts outlined above. Sincerely PHILIP J. C~RDINALE PJC/cmy pc Mohring Enterprises, Inc. Southold Town Planning Board .AC GEN ./ ---80 MATTITUCK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PUANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1988 Phil Cardinale Attorney at Law P.O. Box W Jamesport, NY 11947 RE: Preliminary Site Plan northwest corner Cox Neck and C.R. 48 SCTM #1000-113-7-19.2 Dear Mr. Cardinale: The at their Planning Board reviewed the above mentioned site plan work session. Please see the following comments. 1. A drainage and grading plan must be submitted for review by the Engineer. 2. Elevations for all four sides of the buildings must be submitted, along with an indication of the type of exterior construction. 3. The islands in the parking area should be expanded to a minimum of 10 (ten) feet, this will allow for easily maintained landscaping in the parking lot. 4. The location of the existing copper beech on Sound Avenue should be shown on the plan. 5. The location of existing pavement lines of the north and south sides of Sound Avenue within 200 feet of the property boundary line should be shown. 6. The lights should be a maximum of 12 feet high and be of the lantern type. 7. A Long Environmental Assessment form must be submitted for review. TAST + CLEMENCY MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS 11 VILLAGE SQUARE · GLEN COVE · NEW YORK · 11542 · 1516) 676-7272 September 2 Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Att: Mr. Bennett Orlowski, Jr., Chairman RE: Property N/W corner Sound Avenue & Cox Neck Road Mattituck, NY Mohring Enterprises Dear Mr. Orlowski, Enclosed please find 3 copies of site plan for the above site. Prior to final submission, I respectfully request an opportunity to review this site plan with you and/or Town Planner. Thank you. RCT:caJ cc: Mr. Richard Mohring truly yAur~, I]obert C. Tast, AiA TAST + CLEMI/NCY MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS 11 VILLAGE SQUARE · GLEN COVE * NEW YORK · 11542 · (516) 676-7272 _.x'.,,'P ~,--'xx, 1114 GENTLEMEN: WE ARE SENDrNG YOU [] Shop drawings ~ Copy of letter [~ Attached [] Prints ~ Change order [] Under separate cover via _the following items: [] Plans [] Samples [] Specifications [] I COPIE~S I DATE __ NO~ DESCRIPTION ~ ~ -~ - ~. ~.~ u , ~'"'~r~,~ ~11 OCT 51~_ I PLANNI~ BOARO THESE ARE TRANSMITTED as checked below: [] For approval /[~ For your use ~ As requested [] For review and comment E3 FOR BIDS DUE [] Approved as submitted [] Approved as noted [~ Returned for corrections [] 19 [] Resubmit [] Submit_, D Return_ copies for approval copies for distribution corrected prints [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO If enclosures are not as noted, kindly notify us at once. % b~, % b~,