Loading...
HomeMy WebLinkAbout1000-122.-6-30.1PART I NEW i:K STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA1 ION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only JUN Project Information (To be completed by Applicant or Project sponsor) ANDREW & WTT,T.TAN GOODAT,E Offic,~. Projectlocation: 7655 Main Road, Route 25, New York ~ New ~ Expansion ~ModJficat~onfalteration 5. Describeprojectbriefly: Relief from disapproval of the Building Inspector,.Articl III Section 100-31 of the Building Code, Town of Southold, in that variance required by action of the Zoning Board of Appeals: Bulk & Minimum habitable space is 850 square feet 6, Precise location (road intersections, prominent landmarks, etc. or provide map) Hamlet of Laurel, north side of New York Route 25, about 400' east of the intersection of Bray Avenue, frame and cinderblock structure 7, Amount of land affected: Initially i . 12 acres Ultimately c* =.~.w).e acres 8. Will proposed action comply with existing zoning or other existing land use restrictions, E~Yes No If No, describe briefly 9. What is present land use in vicinity of prelect? E~ Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other lIB_1" Zl~ne Describe: The vacant and existing land in the vicinity is zoned for commercial and General Business use. 10 Does action invotve a permit/approvaL or funding, now or ultimately, from any other governmental agency (Federal, state or local]? ~ Yes [] No If yes, list agency(s) and permitJapprovals Variance from the Southold Town Board of Zoning Appeals as indicated in question 5 11. Does any aspect oJ the action have a currently valid permit or approval? ~ Yes [] NO If yes, list agency name and permiL/approval type Certificate of Occupancy, resi- dential structure Applicant~sp ......... k Andrew & William Goodale, per Andrew Gooda~e:~ %~J~'~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.127 If yes, coordinate the review process and use the FULL/LONG FORM EAF f~e, C, Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handw itten, if legible) C1. Existing air quabty, surface or groundwater qualiW or quantity, noise levels, existing traffic patterns, solid waste production or disposal potenbai for e~os~cm drainage or flooding problemsf Explain briefly: C2. Historic, archeological visual or aesthetic or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain briefi C3. Vegetation or fauna, movement of fish or wildl fe species, sign f cant habitaLs or threatened or endangered species? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly C7 A change in use of either quantity or ypeof energyl Explain briefly PART [11 Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i,e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting docurnel~tat on, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, dnd on attachments as necessary, the reasons supportng this determination: Preparer's Signature/Title I I BENNETT ORLOWSKI, JR. Chairman ~ WILLIAM J. CREMERS ~ KENNETH L. EDWARDS ~ GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Edward Forrester, Director of Code Enforcement Robert G. Kassner, Site Plan Reviewer ~ Violations January 13, 1999 The following violations have come to the attention of the Planning Board: · Goodale used car lot Main Road, Mattituck SCTM# 1000-122-6-30· 1 Used cars being stored and sold on Jerome lot across the street. · Lucas Ford Hortons Lane, Southold SCTM# 1000-59-3-32.1 Used cars for saie on front landscaped area Please review for corrective action. 1050 YorOS A~., FO B~X 1210 S~utYold, New YO~< 11971 September 28, 1993 SOUTHOLD TOWN PLANNING BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Mattituck Auto Center, Rt. 25, Laurel, NY SCTM~ 1000-122-6-30.1 Inc · Gentlemen: I am in receipt of your letter to me dated September 3, 1993, wherein you indicate your intent to close my client's site plan application file with your office. Please be advised that there are two lawsuits pending in the Suffolk County Supreme Court regarding the denial by the ZBA of my client's Special Exception application and a declaratory judgment action against the Town of Southold to have the applicable section of the zoning ordinance ruled unconstitutional. In addition, my client is in the process of  filing a new Special Exception application for the leasing of vehicles at the subject premises. As a result of the foregoing, please keep this file open, so that we may return to you once the aforesaid issues have been resolved. · Ver September 28, 1993 SOUTHOLD TOWN PLANNING BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Mattituck Auto Center, Inc. Rt. 25, Laurel, NY SCTM~ 1000-122-6-30.1 Gentlemen: I am in receipt of your letter to me dated September 3, 1993, wherein you indicate your intent to close my client's site plan application file with your office. Please be advised that there are two lawsuits pending in the Suffolk County Supreme Court regarding the denial by the ZBA of my client's Special Exception application and a declaratory judgment action against the Town of Southold to have the applicable section of the zoning ordinance ruled unconstitutional. In addition, my client is in the process of filing a new Special Exception application for the leasing of vehicles at the subject premises. As a result of the foregoing, please keep this file open, so that we may return to you once the aforesaid issues have been resolved. Very APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Appl. No. 4120-v. BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TOWN OF SOUTHOLD Application in behalf of MATTITUCK AUTO CENTER, INC. and 'WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on July 22, 1993, at which time all those who desired to be heard were heard and their testimony recorded (see written transcript of' verbatim discussions during public hearing); and . WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and NOW, THEREFORE, the Board finds as follows: 1. This is an appeal of the June 23, 1992 Building Inspector's Notice of Disapproval concerning the requirement for a 25-ft. buffer zone in the front yard.,area as per Article XXI, Section 100-212B of the zoning regulations. 2. This. provision reads as follows: Section 100-212. Front landscaped area. A front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. As a minimum, in all non-residential districts...one (1) shade tree having a caliper of two (2) inches shall be planted within the front landscaped area for each forty (40) feet or fraction thereof of lot SEI I 5 Page 2 - Appl. No. 4 D Application of Mattituck Auto Center, Decision Rendered August 18, 1993 Inc. Tenant) frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view ... B. Nonresidential districts. In all nonresidential districts, there shall be a landscaped strip in the front yard area; in the ... General Business ...Districts, the strip shall be twenty-five (25) feet .... There shall also be a landscaped area five (5) feet wide abutting the front of the building in all nonresidential districts .... 2. The subject property is located in the "B" General Business Zone District in the Hamlet of Mattituck, To,~n of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with frontage of 120.0 feet along the north side of State Route 25 {Main Road}. The average depth of the parcel is 402+- feet. This parcel is presently improved with two buildings, each containing a nonconforming single-family residential use and built prior to April 23, 1957. These buildings are more particularly shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. to be 53+- feet from the southerly front property line. 4. Reference is also made to other requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy 9Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses other than the existing two single-family residences occupied the premises. (c) Years later, in 1991, was added, without town approvals, leasing business uses. a third new principal use for used-car sales and (d) On October 31, 1991, an application for a Special Exception was applied for under Appl. No. 4066 requesting a ~ ' ~age'3 - Appl. No. ~0 Application of Mattituck Auto Center, Decision Rendered August 18, 1993 Inc. (Tenant) permit to sale, store, display and park used cars and used vehicles. That Special Exception permit was denied on December 16, 1991 by the Board of Appeals for several reasons {please see specifics of determination filed with the Town Clerk on January 9, 1992}. At this time, area variances were necessary for this new use on this parcel. Also, it should be noted that proposed used car sales and leasing establishments are permitted only as an accessory use to a new car sales establishment or dealership -- which proof was not substantiated in the record. {e) Also, under Appl. No. 4093-SE, another Special Exception application was filed by Mattituck Auto Center and William Goodale for the sales, storage, display, and office related to new 'and used cars, which application was denied by the Board of Appeals on May 18, 1992. (f) On July 10, 1992, a subsequent Special Exception application was filed under Appl. No. 4119-SE for catalog sales of electric-car kits, and used cars, display, storage and office use related thereto. An interim decision was rendered by the Bdard of Appeals on October 15, 1992, remanding this matter for a final hearing to be held in July 1993. A final hearing was held on July 22, 1993, and the Board of Appeals denied the Special Exception on August 18, 1993. (g) At this point in time, a formal application has not been filed and processed by the Southold Town Planning Board, the Building Inspector's Office for an occupancy ~ertificate, County Health for septic and/or water approvals, or N.Y.S. Department of Transportation (as may be deemed appropriate by law). (h) Certificate" by the N.Y.S. 12/31/92. Also, it is noted that the "Official Business issued under the Vehicle and Traffic Law on 6/8/92 Department of Motor Vehicles has expired as of 5. The practical difficulties claimed by the applicant-tenant are noted as follows: (a) displaying vehicles at more than 25 feet from the front property line would, they claim, preclude the possibility of a successful operation; (b) displaying vehicles at more than 25 feet from the front property line, they claim, would prevent necessary exposure, and that the display of vehicles must be visible to the public for viewing and inspection; Tage 4 - Appl. No. 20 Application of Mattituck Auto Center, Decision Rendered August 18, 1993 Inc. (Tenant) (c) The property is already improved with buildings, lending to the limited area for outside vehicl~ displays. (d) Other businesses, they claim, do not rely too heavily upon public visibility for a successful business. 6. It is the position of this Board that the difficulties claimed are not sufficient to warrant the variance requested for the following reasons: (a) the front yard area {between the front of the existing principal dwelling and the front property line} is shown to be an open, cleared area of approximately 6413+- sq. ft., 53 deep feet by 121 feet wide. The amount of area which would be required for a landscape buffer along the front property line, excluding the egress and ingress areas, amounts to approximately 1950 sq. ft. (25 ft. deep by 78+- feet wide). The percentage of relief requested from the requirement requesting by applicant-tenant is 100 percent, or 1950+- sq. ft., in order that they may display up to eight (8) cars closer to the state highway. (b) There are alternatives available for appellant to pursue - particularly in light of the fact that there is land area available for this required ground cover {landscape} buffer. (c) The relief, as requested is not consistent with the essential character of the neighborhood - and the grant of this type will set a precedent for other new businesses to follow for little or no ground cover buffer. (d) the difficulties claimed are self-created and are not only related to uniqueness of the property; (e) the variance, if granted, to the safety, health, welfare, comfort, of the town and nearby properties; will in turn be adverse convenience and order (f) the amount of relief requested in relation to the requirements is substantial at 100 percent; (g) the land area:required to be placed with ground cover for a buffer does not entirely eliminate spaces for vehicle storage, display and/or parking since there are other areas, other than the front yard, on this site for this purpose; and (h) the code specifications for a 'buffer' is "ground cover" to "...enhance the appearance of the use on the lot but not to screen the use from view .... " (Emphasis added). A ~age'5 - Appl. No. 4120 Application of Mattituck Auto Center, Decision Rendered August 18, 1993 Inc. (Tenant) ~n~ ~over. 25 feet.~deep along th~ front property line will aln&y nou screen the use from view. Accordingly, Doyen,'~as on motion by MemberVilla, seconded by Member REsoLVED, that the relief requeste~nder Appl. No~ 4120 be and hereby is DENIED. Vote of the Board: Ayes: Mess~b. Villa, Doyen, Dinizio, Wilton, and,.Goehringer.~.This resolution was duly adopted. ~-] APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 19, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J. Kevin McLaughlin, 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Esq. Re: Appl. No. 4119 (Special Exception) - Mattituck Auto Center Dear Mr. McLaughlin: With reference to the above project, please find enclosed a copy of the Board's Findings and Determination rendered at our August 18, 1993 Regular Meeting. Copies of this determination have been transmitted to the Building Department, Planning Board, and Suffolk County Planning Commission (which governs projects within 500 feet of a State Highway). Very truly yours, GE~ P. CHAIRMAN Copies of Decision to: Building Department~ Planning Board u--~ Town Attorney's Office Suffolk County Department of Planning GOEHRINGER APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119-SE. FINAL DETERMINATION on the Application of MATTITUCK AUTO CENTER, INC. (as tenant) and WILLIAM GOODALE (as owner) in this request for approval of Special Exception under the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales-rental establishment as a principal use ; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale in conjunction with the new car sales-rental establishment; (d) accessory office use incidental to the new principal use as a new car sales establishment, and related accessory uses. Location of Property: 7655 Main Road (N.Y.S. Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. WHEREAS, an interim decision was rendered by this Board under this application, with fifteen (15) conditions, dated October 15, 1992; and WHEREAS, in that October 15, 1992 resolution, the Board of Appeals extended time (eight months minimum) for the applicant to submit adequate proof that the applicant, Mattituck Auto Center, Inc. is a new motor vehicle lot, intending to conduct, or actually conducting, as a principal use the on-site display, sales and rental of new cars, (even though only the sales and display of used cars has been conducted between 1991 and the present time); and WHEREAS, the Board of Appeals required a further hearing for a final determination to be rendered on or about July 1993, which includes review of the requisite proof, and necessary Board reviews as to whether this record, in its entirety, adequately fulfills the requirements and standards of zoning for the applicant, Mattituck Auto Center, Inc. and its proposed principal use, proposed accessory uses, as well as the percentages of business in relation to the new cars sales as well as the accessory use for sales of used cars; (Ref: Conditions #1 and #2 of the Board's October 15, 1992 determination; and WHEREAS, the applicant, Mattituck Auto Center, Inc. has been conducting on-site sales and display of used, second-hand cars since early 1991 to the present time (without proper zoning Page 2 - Appl. No.~19 (SE) Application of MATS~TUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 permits, certificates of occupancy and use, etc.), and during the eight-month extension of time, applicant confirms that he has not sold or displayed any electric-car assembly kits at this site; and WHEREAS, after due notice, a final public hearing was held on July 22, 1993 by the Southold Town Board of Appeals, and those who desired to be heard were heard and their testimony recorded (see separate transcript of verbatim discussions during public hearing); NOW, THEREFORE, the Board finds as follows: 1. The provision of the Southold Town Zoning Code under which this application is made reads as follows: Article X, Section 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not m~re than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. ,Page 3 - Appl. No. 19 (SE) Application of MATTI~fUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not be less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from the street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. 2. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a noncon- forming single-family residential use. The existing structures are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 4. By this application, a review and determination is requested to approve the on-site sales and display of used, second-hand cars as a principal use rather than as an accessory use. Applicant proposes: (a) outside, on-site sales, storage, parking and display of used cars and other used vehicles; (b) on-site sales, leasing, and business office use related to the primary use for the sales of used cars, and catalog sales of electric car kits. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence is limited to approximately 640 sq. ft. (the second floor only of the front building). 5. Subsection 12(b) of Section 100-101B provides by Special Exception from the Board of Appeals for the "...sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles .... " It is noted that applicant, Mattituck Auto Center, Inc. is not displaying or advertising new vehicles at the premises. In fact, it Page 4 - Appl. No.il9 (SE) Application of MATT~TUCK AUTO CENTER, Decision Rendered August 18, 1993 INC. is admitted that only used cars are displayed or advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site, either assembled, disassembled in kits, or otherwise. It is the position of this Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. (See copy of one-year limited agreement dated 6/10/92 between Robert A. Adams, Vice President of Solar Car Corporation of Melbourne, Florida, and the applicant, Mattituck Auto Center, Inc.) 6. For the record, it is noted that this parcel is also nonconforming as to the required lot size for the two or more principal residential uses. The total lot area of this parcel is 36,155 sq. ft., and the total lot area required under the current zoning code for each residential unit under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total requirement of 60,000 sq. ft. for two principal (primary) uses. The requirement for a third principal use is an additional 30,000 sq. ft., total 90,000 sq. ft. of land area (ref. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc.). 7. Also noted, as shown in the record, previous Special Exception applications of rendered by the Board of Appeals: are the following denials of the applicant herein as A) Denial of Application No. 4066 for a Special Exception to establish new use for outside, on-premises new and/or used motor vehicles sales and leasing rendered December 16, 1991; B) Denial of Application No. 4093 for a Special Exception requesting the sales of new and used motor vehicles. 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor sufficient documentation submitted, to show fulfillment of the standards and conditions set forth in the zoning code at Section 100-101B(12-b). NOW, THEREFORE, on motion by Member Villa Member Doyen , it was · seconded by RESOLVED, that it is hereby DETERMINED this Board is without authority to grant the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision (as enacted by the Town Board on January 10, 1989). VOTE OF THE BOARD: Soehringer. duly adopted. lk Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and This resolution was /~' GER3YRD P. GOEHRINGER~ CHAI~ APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 16, 1992 J. Kevin McLaughlin, 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Esq. Re: Appl. No. 4119 - William C. Goodale (Special Exception) Dear Mr. McLaughlin: Please find enclosed a copy of the board's action taken last night concerning the above application. The application has been remanded for a final hearing to be held on or about June 30, 1993 for the reasons noted therein. A copy has also been transmitted to the involved town departments for their update and information. Very truly yours, cc: GERARD P. GOEH~INGER CHAIRMAN Building Department (Attn: V. Lessard) Planning Board (Attn: B. Orlowski) Town Attorney's Office I 9 992 APPEALS BOARD MEMBERS 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 ACTION OF THE BOARD SCOTFL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119 (SE): Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously referred to as Lot 30). WHEREAS, after due notice, a public hearing was held on July 29, 1992 and September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously County Parcel Lot 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 {Main Road}. The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming Page 2 - Appl. No.I [19SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 single-family residential use--which structures were built prior to April 23, 1957 and are more particularly designated on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. The provision under which this application is made is Article X, Section 100-101B(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen 15) feet from any street or property line. Page 3 - Appl. No.~19SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 (g) (h) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 4. With reference to Section 100-101B, supra, the following are noted to show a breakdown in the type of use requested in the above-noted Special Exception category: (a) Public Garage use is not proposed; (b) Gasoline Service Station use is not proposed; (c) New motor vehicle lot is not proposed. (The subject lot will not be displaying new motor vehicles.) (d) Used motor vehicle lot accessory to the sale of new vehicles or boats IS proposed and is being considered.. No repair facilities are proposed. No servicing or major repairs of motor vehicles (e) (f) are proposed. (g) is proposed. (h) (i) No storage of gasoline or flammable oils in bulk No gasoline or fuel pumps or tanks are proposed. No gasoline service or repair shop or similar business is proposed. 5. Reference is also made by the Board for informational purposes to Section 100-10lC, subsections (1-4) of the General "B" Business zoning regulations which provide for other specific accessory uses also subject to site plan review. Used car sales and leasing and principal sales office uses are addressed in the Zoning Code as principal uses in this zone district. It should also be noted that these uses are not specifically listed in the zoning code as allowable accessory uses to any other principal uses, and applications requesting same have not been made until March 5, 1992 (see variance for multiple uses with insufficient land area under File No. 4092). Page 4 - Appl. No.~19SE Decision Rendered October 15, Matter of WILLI~ GOODALE 1992 6. By this Special Exception application, the applicant requests approval for: (a) proposed telephone or office sales, by catalog or brochure sales, for the shipping of solar-conversion cars from the Solar Car Corporation located in Melbourne, Florida to a location specified by a proposed purchaser -- the applicant is not proposing display of the solar cars on-site because of the company's requirements for purchase first, and the applicant, he says, would have to purchase the vehicle to display it on this property; (b) proposed on-site sales and display of approximately 13 used vehicles, plus additional parking for its customers and employee(s) related to said used-car sales; (c) proposed office use for leasing and related business office activities, conducted in the front building first-floor area of 662 sq. ft., in addition to the existing principal single-family residential use of this building, and separate existing single-family principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. of the second floor only (main front building). 7. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to the above-mentioend two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal Jags 5 - Appl. No.~19SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals or town permits, for used-car sales and leasing. The applicant has been since early 1991 to date operating a used-car sales establishment in conjunction with the two existing residences without substantiating sufficient proof that the establishment is an accessory to a new car sales establishment as required in the zoning code. Approvals for this newly added use are also necessary from and are pending before the Southold Town Planning Board under the site pla.n regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies. 8. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residentialunit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. additional. Combined, the total lot area requires 90,000 sq. ft. of land area for (any) three principal uses. The applicant's request to allow increased density on this 36,155 sq. ft. parcel was denied; however, alternative relief for the total lot area to accommodate two principal uses as a maximum was conditionally granted under 4092 on April 2, 1992. 9. To come into conformance with the conditions of the area variance under Appl. No. 4092, the applicant is to remove one of the existing (residential) principal uses in exchange for the proposed car sales establishment. 10. Certain adopted standards and criteria must be met before a Special Exception permit may be granted in the Town of Southold. Thus, proof must be submitted into the record to show that the proposed use will meet all the standards imposed by the zoning ordinance. Page 6 - Appl. No.~19SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 11. Compliance with the standards, intent and conditions of the ordinance must be determined. It is the position of the Board that the proof furnished thus far is not sufficient to comply with these requirements. No proof has been submitted to show the percentage of its business as a new car sales establishment, as compared to the percentage of its business as a used-car sales-leasing establishment. Additional proof must be furnished, and the time is being extended for the applicant to furnish that proof for an additional six (6) months from the date of this decision. 12. Accordingly, before passing upon this application with a final determination, the Board hereby extends the time for an additional six (6) months for the applicant-property owner to substantiate proof, testimony and/or other documentation as to compliance with the requirements of the zoning code for a new cars sales dealership, as well as proof as to the percentage of its business for an accessory used-car sales-leasing establishment. (The information furnished by the applicant is not sufficient to satisfy the standards and considerations for the grant of a Special Exception, including but not limited to Section 100-264, subsections A through P.) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to permit occupancy for new car sales at the site, with used-car sales as an accessory thereto, for an eight-month period, and that a FINAL PUBLIC HE~RING be and hereby is scheduled to be held on or about JUNE 30, 1993, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Reserving the right of the Zoning Board of Appeals to conduct a final hearing under this application for the purposes of reviewing proof that the applicant is a new car salesman and allowing the Board consideration of further proof for the purposes of adequately fulfilling the standards and criteria necessary before a Special Exception; AND 2) Reserving the right to the Zoning Board of Appeals to reconsider this eight-month (interim) authorization for the purposes of determining several issues, including but not limited to whether or not the additional proof to be submitted will or will not adequately fulfill the requirements and standards of the zoning laws for the proposed principal use as a new car establishment, the percentages of business in relation to the proposed new car establishment as well as the accessory sales of used cars; AND Page 7 - Appl. No. !19SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 3) That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 4) That the existing separate, detached residential cottage structure in the rear yard be converted to accessory (inactive) storage use, or be removed within three (3) years from the date of the filing of the variance determination under Appl. No. 4092; and 5) That the issuance of a Special Exception for a new car sales dealership is contingent upon a final hearing and final determination to be held on or about June 30, 1993 for the purposes of requesting the applicant finally to submit all up-to-date information and proof acquired during this eight-month time period for selling of new cars from the site, the percentage of its business in relation to both the accessory used-car sales-leasing and the principal new car dealership, and other standards and requirements necessary for the grant of a final Special Exception, and other town, state, and county regulations applicable for final approval (such as site plan review, etc.). 6) That Covenants and Restrictions shall be: (a) prepared in legal, recordable form executed by the property owner, outlining an agreement between the owner and the applicant-tenant, insuring compliance by the owner and tenant of all conditions and requirements; and (b) approved or modified as deemed necessary by the Town; (c) recorded by the owner in the Suffolk County Clerk's Office within 30 days of the filing of this decision with the Office of the Town Clerk, {before this approval may be effectuated}, and the Town Board of Appeals shall be furnished with proof of such county filing for the Town's permanent records; and 7) That there shall be no parking of vehicles in need of major repairs or servicing or those which are inoperable or dismantled; 8) That the processing of the site plan before the Town Planning Board may be held in abeyance by the applicant-property Page 8 - Appl. No. ~19SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE owner, with no substantially major or adverse alteration to the site, its egress/ingress area and parking areas, buildings, until such time as a final hearing on the Special Exception standards has been held and a final determination rendered by the Board of Appeals. 9) That the number of vehicles for sales display shall be limited to not more than ten (10) vehicles at any one time; and 10) That the total number of vehicles on the site, including vehicles for sales display, temporary transition parking, employee parking, shall not exceed 18 cars or vehicles at any one time, eight (8) of which must be parked in the rear of the "converted storage building at the rear of the premises" (now used as a cottage); 11) That all vehicles related to this Special Exception must be located so as to permit adequate maneuverability, safety at all times, proper and unobstructed ingress and egress; and 12) That all vehicles shall be placed and/or parked on site and shall not be placed any closer than 12 feet from the inside edge of the existing front sidewalk, or 10 feet from the front property line, whichever is greater. 13) That there shall be no banners, flags or similar types of cosmetic advertising; and all outdoor lighting must be for security purposes only, without glare or disturbance to traffic or neighboring properties; one ground or wall sign, if proposed, must be in accordance with all sign regulations. 14) That a buffered emergency~shall be placed ten (10) feet from the property line and twelve (12) feet from the front sidewalk, whichever is the greater distance. This can be accomplished by a single line of six (6) ft. "railroad ties" (or better as may be substituted by the ZBA), and shall be situated parallel with the property line along the Main Road. This provision shall not be deemed an approval of any specific setback and the Board reserves its right to make further adjustments of setbacks at the time of the final hearing. 15) That in the event code violations exist or are found which are contrary to other regulations of the Southold Town Code, or which are contrary to the conditions herein, this Page 9 - Appl. No.·19SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE interim determination shall not preclude any proceeding taken by the Town to enforce the same, now or in the future. Vote of the Board: Ayes: Messrs. (Abstained: Member Wilton, newly appointed 10/6/92). lk ×:J.GERARD P. GOEHR:INGER, ~IRMAN PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 From: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Gerard P. Goehringer, Chairman Zoning Board of Appeals Orlowski, Jr. Chairman i~tf~ Bennett William Goodale and Mattituck Auto Center, Inc. Route 25, Laurel SCTM# 1000-122-6-30.1 ZBA Appl. No. 4120 Date: July 24, 1992 Fax (516) 765q823 This is in response to your memorandum of July 14, 1992, requesting the Planning Board's comments on this appeal. The Planning Board is opposed to the requested variance from the zoning ordinance for relief from the twenty five (25) foot front yard landscaping provision of the Code. This site is in the entrance "corridor" of the Mattituck Business District and the Town, It has been identified as an area in need of visual improvement and upgrading. Both business neighbors, th~ Suffolk Times to the east and the Shopping Plaza to the west have front yard landscaped areas of 25' or more. In addition to the above noted sites,the follOwing nearby businesses have also followed or exceeded this standard: North Fork Bankcorporation, 40' Stype Insurance Company (proposed), Silkworth and Brisotti, 40' 35' · McDonalds (proposed), 140' We are aware that this proposal involves adapting an existing site to a new use. However, the nature of the new use should not dictate site design in violation of the zoning code. The last site plan for a new automobile dealership that was approved by this Board was Lucas Ford where setbacks of 145' for the building and 60' for front yard landscaping were observed. Here, the lot is of sufficient size to permit outside storage and display of cars without reducing the front yard setback of 25' Finally, we note that the business certificate from the State for the new and used car dealership expires in five months, (December 1992). Further, the dealership agreement between the Solar Car Corporation and the Mattituck Auto Center leaves unanswered the main question, which is, "Does this new car dealership constitute a primary use? The agreement does not indicate the number of solar cars that must be displayed or sold. The Zoning Code says that there must be a primary use of a new car dealership in order for there to be an accessory use of used car sales. Presumably this means that the new car business is the principal business relative to the used car business in terms of dollars in sales and volume. The evidence in your file as of this date does not show the new car dealership to be a primary use. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 29, 1992 J. Kevin McLaughlin, 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Esq. Re: Appl. No. 4093 - Special Exception (New and Used Cars) Dear Mr. McLaughlin: Please find attached a copy of the Board's determination rendered in the above matter. Copies of this determination have also been furnished this date to Planning Board the Building Department for their permanent records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Departme~ Southold Town Planning Board~ Suffolk County Department of Planning Town Attorney's Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. .lames Dinizio, .Ir. Robert A. Villa Telephone (516) 765-1809 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD I~tl Appl. No. 4093. S0UTHOLDf?,~ PLANNINGg~>t 3 Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of use vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on March 25, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the Pa~e 2 - Appl. No. O93-SE (Goodale) Decision Rendered May 18, 1992 side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. This is a variance application appealing the MARCH 2, 1992 Building Inspector's Notice of Disapproval concerning the lot area requirement for a proposed third principal use. The third use proposed will require a Special Exception from this Board, which is pending at this time under Application Number 4093, for: (a) proposed outside sales, storage, parking and display of used cars and other used vehicles; (b) proposed sales, leasing, and business office uses, to be located as a secondary principal use in the front building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy ~Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal P~ge 3 - Appl. No. 93-SE (Goodale) Decision Rendered 18, 1992 building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing. (e) On October 31, 1991, an application for a Special Exception was applied for under Appl. No. 4066 requesting a permit to sale, store, display and park used cars and used vehicles. That Special Exception permit was denied on Decem- ber 16, 1991 for several reasons (please see specifics of determination filed with the Town Clerk on January 9, 1992}. At this time, area variances were necessary for this new use on this parcel. Also, it should be noted that proposed used car sales and leasing establishments are permitted only as an accessory use to a new car sales establishment or dealership -- which proof was not substantiated in the record. (Approvals are also necessary by the Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies.~ 5. The provisions of the zoning code under which this application has been made is Article X, Section 100-101B(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and Page 4 - Appl. No. a~y 3-SE (Goodale) Decision Rendered M 18, 1992 trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of vehicles or boats. new (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet fro any street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. h) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 6. Section 100-101C, subsections (1-4) of the General "B" Business zoning regulations provide for specific uses which are Page 5 - Appl. No Decision Rendered ~3-SE (Goodale) 18, 1992 also permitted -- only as accessory uses and subject to site plan review. The used car sales and leasing and principal sales office use are uses addressed in the Zoning Code as accessory uses to a new car sales establishment or dealership. These uses are not permitted, of course, as an accessory to any residence or other principal uses. 7. At this point in time, the applicant/owner and/or tenant has not obtained an amended license by the State of New York or any other licensing or permit agencies to establish a new car establishment or dealership under the facility name "Mattituck Auto Center" or Richard W. Goodale. This documentation is necessary. The only documentation submitted is an (unreceipted) copy of an application to be filed for an amendment to the "used car sales license." Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Villa and Grigonis, it was RESOLVED, that the Special Exception be and hereby is DENIED for the above-stated reasons, without prejudice (to reapply by July 31, 1992). In the event an application is being re-filed for a Special Exception, the application must be filed by the owner and/or authorized tenant, or a person or corporation having a direct interest in the property. In order to comply with Condition No. 4 of the area variance for alternative relief under Appl. No. 4092, the application for a Special Exception permit must be filed, together with appropriate licensing documentation, not later than July 31, 1992 (which is "...120 days from the area variance determination"). Vote of the Board: Dinizio and Goehringer. margin). Ayes: Messrs. Villa, Doyen, Grigonis, This resolution was duly adopted (5 0 1050 ¥oungs Ave.~ ~0 Box 1210 $outhold, ~ew York 11971 765-6085 May 15, 1992 SOUTHOLD TOWN PLANNING BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: GOODALE AUTOMOBILE DEALERSHIP 7655 Main Road, Laurel Zoning District: General Business SCTM~ 1000-122-6-30.1 (B) Gentlemen: I have been given a copy of your May 8, 1992 letter to Garrett Strang. In the future, kindly send me a copy of all such correspondence, as I am the attorney of record for the applicant. It would seem appropriate at this time for the applicant and his representatives to meet directly with the Planning Board to discuss the proposed site plan and, in particular to attempt to resolve the issue of the front yard landscaped area. I believe that Section 100-254 of the Town Code provides for such a pre- submission conference and, although request therefore was made to you by my letter dated March 3, 1992, no such sit-down conference has been held. I would suggest that such a conference would be most appropriate at one of the Planning Board's work sessions, at which time all relevant issues could be explored in depth. Please advise me of the date of the work session for ~ich this matter will be scheduled. Ve ~y//~t ~u Garrett A. Strang PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman (~eorge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 7654938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWl' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Mr. Garrett A. Strang, Architect Main Road P.O. Box 1412 Southold NY 11971 May 8, 1992 RE: Used Car Business 800' West of Factory Ave. on Route 25, Laurel Zoning District: General Business (B) SCTM~ 1000-122-6-30.1 Dear Mr. Strang: This letter is in response to your request for Board review of an alternative parking arrangement for the front yard car display area. The sketch that you submitted shows a five foot front yard landscaped area. Town Code 100-212 B requires a twenty five foot front yard landscaped area in this General Business zone. This standard has been uniformly followed by the nearby businesses in this business district. 1. North Fork Bancorporation 2. Stype Insurance Company 3. Silkworth and Brisotti 4. McDonald's Restaurant 5. Suffolk Times Building 6. Sterling Idea Ventures (Shopping Center) In addition to the above, the Hobby House will landscape their front yard if they add a new use to the site. Enclosed for your~consideration is a sketch of an alternative front yard parking arrangement that respects the required setback and a tax map of the properties mentioned above. If you have any questions, or require further assistance, please contact this office. Very truly yours, nett Orlowski, Jr. ~'-- Chairman cc: Victor Lessard, Principal Building Inspector Enc. 4 / / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-I809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOnFI' L. HARRIS Superwsor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516~ 765-1800 April 27, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4092 (Area Variance) - William C. Goodale Dear Mr. McLaughlin: I am in receipt of your letter dated April 20, 1992 concerning Condition No. 2 of this Board's April 2, 1992 determination. Condition No. 2 does not prevent the property owner or his attorney-agent from filing applications in the future in the event the rear building is to be converted from accessory storage to another use. In the event no future applications are made to all agencies (Planning, Zoning, Building, County and/or State) involved for such conversion, then the building must be limited to an accessory storage building as restricted by the Code if it is not removed from the property. As of this date, the Special Exception application under Appl. No. 4093 has not been finalized, and we will keep you advised of developments. lk cc: Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Harvey A. Arnoff, _.Town Attorney Planning Board~,-'~ Building Inspectors ~(~%~K~X~'X~J~XR°X 1050 Youngs Ave., PO Box ~a~j~~ Southold, New York 11971 765-6085 1210 April 20, 1992 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn. Gerard P. Goehringer, Chairman RE: APPL. NO. 4092 - WILLIAM C. GOODALE (AREA VARIANCE) Dear Mr. Goehringer: I am in receipt of the findings and determination of the Board of Appeals in the above-referenced matter. We have no problem with the condition contained in paragraph numbered 2 on page 4, regarding the discontinuance of the existin~ rear residential use within three (3) years. The phrasing of the condition to only allow accessory storage or removal of the building is of concern. We would like to be able to use the rear building in conjunction with the motor vehicle sales for any use allowable under the zoning ordinance, subject to obtaining necessary approvals therefore. Restricting us solely to accessory storage would seem to prohibit the use of any portion of said building for additional office space in the future for instance. Please contact me review this letter, so cc: Richard Goodale after you have had the opportunity to that we may discuss this .issue~ Very ~1,~/~oq~r s, , '/. , ,/,/' i , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appl. No. 4092. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOT'FL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (.516) 765-1823 Telephone (516} 765-1800 SOUTFIOLD TOWN PLANNIN~ Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to ~ocate-a third~rinciq~al use or~-this 36,155 sq. ft. parcel. Third principal use is for the establishment of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on March 25, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6 Lot 30 1 (previously 30). ' ' 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north · Page 2 - Appl. No. 4092 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April i1, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. This is a variance application appealing the MARCH 2, 1992 Building Inspector's Notice of Disapproval concerning the lot area requirement for a proposed third principal use. The third use proposed will require a Special Exception from this Board, which is pending at this time under Applicanion Number 4093, for: {a) proposed outside sales, storage, parking and display of used cars and other used vehicles; (b) -proposed s~esT, leasing7 and business o~fice uses, to be tocaned as a secondary principal use in nne ~ront building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. Reference is made to the following requirements the zoning code and other zoning information relative to this project and premises: of (a) a Pre-1957 Certificate of Occupancy 9Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy %Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal building, without physical enlargement of the principal structure and without expansion of any nonconforming living P~ge 3 - Appl. No. 4092 Decision Rendered April 2, Matter of WILLI~,! GOODALE 1992 areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer,s office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. {d) Later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing, and for which a Special ExcepTion application has been requested and is separately Dending~ {~pProV~ls-are al~o necessary by the Tow~ Planning Bo~r~ under the site plan requlations of the zoning code, as well as the Town Building ~epartment, and other County and State governing agencies.} 5. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. Combined, the total lot area required for three principal uses is 90,000 sq. ft. of land area -- for which this variance has been requested. 6. Alternatively, the applicant has agreed to substitute one of the existing (residential) principal uses in exchange for the proposed new car sales establishment with incidental accessory uses. The lot area requirement will not be reduced from that as exists with two principal uses on this 36,155 sq. ft. nonconforming lot. 7. In considering the area variance standards for three uses on this 36,155 sq. ft. parcel, the Board finds: (a) that the practical difficulties claimed are not sufficient to grant the entire relief requested, and the practical difficulties claimed as a ground for this variance has been created by the owner/tenant -~ not uniquely related to the land as required by the standards set for such area variances; (b) that there is an alternative available for appellant to pursue, as noted below, to exchange one of the existing principal uses for the proposed new car sales; (c) that the grant of third use will essentially change the character of the neighborhood and will be incompatible with the overall plan and policy for development of Page ~ - Appl. No. 4092 Decision Rendered April 2, [4atter of WILLIAM GOODALE 1992 the town; conditions as such would be distinctly different from Chose existing in the locality by adding problems incident to an increase in density; (d) that the difficulties for a third use are self-created since the landowner is bound by the applicable provisions of the ordinance and by the facts and circumstances concerning the use of his property; (e) that the amount of relief requested for a third principal use is substantial in relation to the requirements -- increasing the nonconformance by approximately 80% over that which exists. (f) that the landowner is not deprived of a reasonable return on his land and is not prevented from using the land; (g) that proof has not been submitted as to actual dollars and cents which is necessary under the circumstances to show the extent of practical difficulties claimed to be suffered; (h) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the entire relief requested, but granting alternative relief as described below. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the entire relief as requested for a third principal use, and ALTERNATIVELY APPROVE relief to permit a total of two principal uses instead of three principal uses, as applies to the insufficient lot area of this parcel, SUBJECT TO THE FOLLOWING CONDITIONS AND PROVISIONS: 1. That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 2. That the existing rear residential cottage structure shall be converted to accessory storage use or removed within three (3) years from the date of the filing of this variance determination; and · Page 5 - Appl. No. Decision Rendered April 2, 1992 Matter of WILLIAM GOODALE 3. That this area variance is contingent upon receiving and meeting all other standards and requirements for a Special Exception, site plan, and other state/county regulations. 4. That Covenants and Restrictions shall be prepared in legal form, submitted to the Board of Appeals, for approval by town counsel, within 120 days of this determination, and recorded with the Suffolk County Clerk's Office before effectuating this approval; and 5. That all requirements must be met and final site plan approval be obtained in accordance with the site plan adopted by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Grigonis and Goehringer. Nay: Member Villa. This resolution was duly adopted. (4-t margin)~ _ ..... lk GERARD p. GOEHRINGER, CHAIP2fAN PLANNING BOARD MEMBERS Bennett Orlowski~ Jr.~ Chairman George Ritchie Latham, Jr. Richard G, Ward Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'UF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 .April 15, 1992 J. Kevin McLaughlin Attorney at Law 1050 Youngs Ave. P.O. Box 1210 Southold NY 11971 RE: Goodale used car dealership 7655 Main Road, Laurel Zoning district: General Business (B) SCTM# 1000-122-6-30.1 Dear Mr. McLaughlin: The Planning Board has received your letter dated March 3, 1992, requesting a pre-submission conference. This letter will confirm your meeting of April 1, 1992, with staff member Robert Kassner. The following changes are recommended to the above mentioned proposed site plan. Landscaping must be installed along and contiguous to the front lot line of the property, as per Town Code 100-212 B. (See enclosed sketch for concept). Suitable barriers must be placed between the parked cars and the landscaped area. 3. Drainage and drainage calculations for the paved areas. 4. Dumpster location must be shown. 5. Any proposed outdoor lighting must be shown. A sketch to scale, showing color, of any proposed out door sign. Sign may not be internally lit. In addition to the above, curb cut approval from the New York State Department of Transportation, and approval from Suffolk County Department of Health Services must be obtained. The above should not be considered as a complete listing of all elements of the site plan. Further comments may be forthcoming when the Board receives and reviews the actual site plan. The Board would like to know if any work on the cars will be conducted on the premises. If so, where will this work be done? If you require further information, or wish to meet with my staff to further clarify any of the above items, please contact this office. Enc. cc: Very truly yours, Bennett Orlowski, Jr. ~ Chairman Gerard P. Goehringer, Chairman Board of Appeals Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney ~)~0~X~ 1050 Youngs Ave., PO Box kg{~R~X~{~f~X Southold, new York 11971 765-6085 1210 March 31, 1992 Board Of Appeals Town Of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn. Gerard P. Goehringer, Chairman RE: William Goodale Proposed Car Sales at Mattituck Dear Mr. Goehringer: I am in receipt of your letter to me dated March 30, 1992. In order to clarify the record in this matter, I have enclosed a copy of my letter to the Southold Town Planning Board dated March 3, 1992, which was hand-delivered to said Board on that date, along with a copy of the site plan. As you can see, I requested a pre-submission conference with the Planning Board, pursuant to Section 100-254 of the Town Code, prior to the formal submission of a site plan application. To date, I have received absolutely no response from the Planning Board to my request. I have no problem with submitting a site plan application this matter. However, I had hoped that the pre-submission conference might clarify issues and, hopefully, expedite the review of the subject site plan. formal site plan cc: Southold Town At the request of the Board Of Appeals, I will now submit a application. ./')/ Very/tr l~y~0u s / Board Planning Southold Town Attorney ,:',PR- i SOUTHOLD TOWN PtANNING BOARD X~IiK~Q~XI(~4(~K]~.A%gKI~A 1050 Youngs Ave. PO Box 1210 X~Ii~)[~XX~w Southold, NY 11971 765-1410 March 3, 1992 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Goodale-new car dealership with accessory used car sales at 7655 Main Road, Laurel Gentlemen: I have enclosed a copy of the site plan map, which has been filed with the Board of Appeals regarding applications for a special exception and a variance. This site plan map is being filed with you pursuant to Section 100-254 of the Town Code and at the request of the Board of Appeals for a preliminary conference. Please advise me of the at your earliest convenience. date of the preliminary conference, Very tru rs ~ $OUTHOLD 1050 Youngs Ave., PO Box 1210 Southold, new York 11971 765-6085 March 31, 1992 Board Of Appeals Town Of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn. Gerard P. Goehringer, Chairman RE: William Goodale Proposed Car Sales at Mattituck Dear Mr. Goehringer: I am in receipt of your letter to me dated March 30, 1992. In order to clarify the record in this matter, I have enclosed a copy of my letter to the Southold Town Planning Board dated March 3, 1992, which was hand-delivered to said Board on that date, along with a copy of the site plan. As you can see, I requested a pre-submission conference with the Planning Board, pursuant to Section 100-254 of the Town Code, prior to the formal submission of a site plan application. To date, I have received absolutely no response from the Planning Board to my request. I have no problem with submitting a site plan application in this matter. However, I had hoped that the pre-submission conference might clarify issues and, hopefully, expedite the review of the subject site plan. At the request of the Board Of Appeals, formal cc: I will now submit site plan application. 'e~y/ Southold Town Planning Board Southold Town Attorney APR- i iI~NNNHOLO TOWN lNG BOARD X~iO~X~]~XK]~.Ii~X~!!~ 1050 YounGs Ave. PO Box 1210 X~I[~XX~ Southold, NY 11971 {~la~ k~X'k°~X 765-1410 March 3, 1992 Southold Town PlanninG Board Southold Town Hall Main Road Southold, New York 11971 Re: Goodale-new car dealership with accessory used car sales at 7655 Main Road, Laurel Gentlemen: I have enclosed a copy of the site plan map, which has been filed with the Board of Appeals regarding applications for a special exception and a variance. This site plan map is beinG filed with you pursuant to Section 100-254 of the Town Code and at the request of the Board of Appeals for a preliminary conference. Please advise me of the date of the preliminary conference, at your earliest convenience. ?~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD J. Kevin McLaughlin, P.O. Box 1210 Southold, NY 11971 Esq. March 30, 1992 ~LANNING BOARD Re: William Goodale Proposed Car Sales at Mattituck Dear Mr. McLaughlin: This letterxconfirm telephone communications from my office that today the Planning Boar~ office has reported that it has not received a completed application form for site plan approval. It is requested that the appropriate application forms supplement your submission to the Planning Board since the Planning Board office has not deemed the documents submitted by you on March 5, 1992 as an formal application. It will also be necessary for you to request a preliminary conference with the Planning Board members to discuss the layout of the site plan elements under their jurisdiction as well, before proceeding further under the Special Exception application. By way of a copy of this letter, we ask that the Planning/ Board please provide us with copies of all communications concerning this project as the application process develops. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board, Attn: V. Scopaz and R. Kassner Building Department 1050 Youngs Ave. PO Box 1210 Southold, NY 11971 765-1410 March 3, 1992 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Goodale-new car dealership with accessory used car sales at 7655 Main Road, Laurel Gentlemen: I have enclosed a copy of the site plan map, which has been filed with the Board of Appeals regarding applications for a special exception and a variance. This site plan map is being filed with you pursuant to Section 100-254 of the Town Code and at the request of the Board of Appeals for a preliminary conference. Please advise me of the date of the preliminary conference, at your earliest convenience. Very/tru~rS~ PLANN!NG Southold Town Board o£ Ap eals MAIN ROAD- STATE ROAD 25 SrlUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. James Dinizio, Jr. Robert A. Villa Appl. No. 4066. ACTION OF THE BOARD Application in behalf of WILLIAM GOODALE for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related business office, in conjunction with pre-existing nonconforming residential use. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. This parcel contains a lot area of 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-06-30.1 (or 30). WHEREAS, after due notice, a public hearing was held on November 21, 1991 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. ~he premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming Page 2 - Appl. 'o. 66 Application foi WIL~£AM GOODALE Decision Rendered December 16, 1991 single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April 1t, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. By this application, a review and determination is requested concerning the following proposed uses, requested to be authorized by Special Exception: (a) prQposed outside sales, storage, parking and display of used cars and other used vehicles; (b) proposed sales, leasing, and business office uses, to be located as a secondary principal use in the front building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. The provisions of the zoning code under which this application has been made is Article X, Section 100-101B(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten [10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale vehicles or boats. of new (c) Vehicle lifts or pits, dismantled autombiles, ?age 3 - Appl. NO~060% Application for WI~SIAM GOODALE Decision Rendered December %6, 1991 boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet fro any street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be ~estricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. (h) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 5. Reference is also made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy ~Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy 9Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory Page 4 - App]. 7. 56 Application fo£ WILL±AM GOODALE Decision Rendered December 16, 1991 home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Subsequently in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing, and for which this Special Exception is now being requested. {Approvals are also necessary by the Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies.~ 6. Section 100-101C, subsections (1-4) of the General Business zoning regulations provide for specific uses which are permitted as accessory uses and subject to site plan review. Used car sales and leasing and principal sales office use are uses addressed in the Zoning Code as principal office use, and are clearly not permitted as an accessory to any principal residence or other principal uses (with the exception of an established, on-site, new-car dealership with an area of not less than 30,000 sq. ft. applicable to each principal use). 7. For the record, it is noted that the parcel is nonconforming as to total area for the two principal residential uses. The total lot area of this parcel is 36,155 sq. ft., and the total lot area required under the current zoning code for each residential unit under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total requirement of 60,000 sq. ft. The requirement for a third principal use is the same, 30,000 sq. ft. Therefore, the total lot area required for three principal uses is 90,000 sq. ft. of land area -- which has not been made available in this application. Such a substantial increase in the degree of land nonconformance over the existing established residential nonconformities is not permitted as a matter of right and variances necessary (ref. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc.). ?age 5 - Appl. No.~6~ Application for WI~AM~OODALE Decision Rendered December 16, 1991 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor documentation submitted, to show full compliance with all those conditions and standards set forth in the Southold Town Zoning Code for such a Special Exception request. In fact, it is understood that the applicant/owner has not obtained authorization and is not licensed by the State of New York or any other licensing or permit agencies to sell new cars. Additionally, the zoning code requires a minimum of 30,000 sq. ft. per principal use in this business zone district, and accordingly, a minimum lot size of 90,000 sq. ft. is required before a third principal use may occupy the premises - whether it be by Special Exception or otherwise. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, that the Special Exception be and hereby is DENIED, as noted above and additionally noted below: 1. There is insufficient square footage on the site to support approval of a third primary or principal use; 2. The parking, service, repair and other activities related to new-car sales and used-car sales has not been provided on the plans and are areas of concern which normally affect on-site circulation, traffic flow onto the Main Highway, egress and ingress, noise levels, sanitation, pollution, and o~her environmental considerations; 3. Mixed residential and commercial activities are not permitted in this B General Business Zone District; 4. The lot area and premises are nonconforming as exist since two single-family residences are not permitted on less than 60,000 sq. ft. (30,000 sq. ft. per unit) of land area in this B General Business Zone District; 5. The applicant has not complied with the requirements and standards set forth in the Code for these proposed used-car sales and related commercial operations. Vote of the Board: Grigonis, Dinizio and Villa. (5 - 0 margin). Ayes: Messrs. Goehringer, Doyen, This resolution was duly adopted GERARD P. GOEHRINGER, ~AIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 31, 1991 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 Re: Application Requesting a Special Exception Premises of William Goodale at Main Road, Mattituck Dear Garrett: This letter will acknowledge receipt by our office of the above application requesting a determination as to whether or not this Special Exception request will meet all of the require- ments under the zoning code for this 36,155 sq. ft. "B-General" Business Zoned parcel for approval of a business office use, on-premises sales/lease of motor vehicles with on-premises display of vehicles, with pre-existing nonconforming residential use. The Pre-Certificate of Occupancy submitted with the ~pplication indicates "two nonconforming one-family dwellings," ne single-family dwelling use in each of two separate building structures). Unless requested by you, the processing of this application will continue, even though you have chosen not to request a preliminary review by or file at this time with the Planning Board for site plan approval under the site plan regulations. Therefore, the intended business uses will be, as you know, subject to a formal application to the Planning Board and subject to those conditions determined by the Planning Board. We would like to confirm at this time that the filing and processing of this application by the town does not waive any other determinations or reviews necessary by the Board of Appeals, and there is no acquiescence that the project would meet all other regulations until a full review has beer~__ _ _ completed, tID}~ ~ ~] / SOUIHO[O TOWN [[o: Garro"2t A. Si aI~7, R.A. Re: Willi~m Goo0.ale A~plication In the interim, please prepare and furnish to us a sketch showing the floor layout of all uses, and the amount of square footage to be used for the proposed business uses and preexisting residential areas, as is to be modified and different from that which preexisted zoning in 1957. A public hearing has been scheduled for Thursday, Novem- ber 2~, 1991, at approximately 7:45 p.m. and a copy of the Legal Notice as published by our office will be forwarded to you within the next few days. Please be aware that no postponements will be permitted, and the owner(s) should also be present to answer questions concerning the property and its uses. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 October 30, 1991 Mr. Richard Goodale 15 Fourth Street New Suffolk, NY 11956 RE: Used Car Business 800' West of Factory Ave. on Route 25, Laurel Zoning District: General Business (B) SCTM# 1000-122-6-30.1 Dear Mr. Goodale: This letter is in response to your request for Board approval of a lighting fixture attached to a utility pole. The Board is not in favor of this type of lighting, as the light cannot be shielded to your property. Accordingly the Board will not grant your request. If you have any questions, or require further information, please contact this office. Very truly yours, Bennett Orlowski, Jr. /'-'" Chairman cc: Victor Lessard, Principal Building Inspector SENDER: SUBJECT: SCTMg: COM}4ENTS: SUBMISSION WITHOUT COVER LETTER INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OF~CE OF BUILDING INSPECTOR TO%VN OF SOUTHOLD June 25, 1991 SCOTI' I.. HARRIS, Supervisor Southold Town Hall ' P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Robert Goodale 665 Stillwater Avenue Cutchogue, N.Y. 11935 Dear Sir: Your property on the Main Road in Laurel, Suffolk County Tax Map #1000-122-06-33 has set up a used car business without proper town approvals. This enterprise requires an approved site plan from Southold Town Planning Board. It also requires a Special Exception from the Town Zoning Board of Appeals. This is to be considered an Official Notice to immediately take the proper steps to correct this condition or face legal action. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Victor Lessard, Principal Building Inspector VL:gar cc to: Southold Planning Board/ Southold Zoning Board of Appeals SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 24, 1991 To: From: Re: Planning Department Zoning Board of Appeals Supervisor Scott L. Harris Attached correspondence I have forwarded to attached correspondence to you for your review and comments. Once I hear from you, I will respond. Thank you. 24¸ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~_O.~/J~ Used Car Business Route 25, Mattituck SCTM#1000-122-6-33 DATE: June 18, 1991 During an inspection of the above referenced property on June 1991, planning staff found a used car/truck sales business in operation. A used car business is a use that is permitted only by Special Exception from the Zoning Board of Appeals. The property owner, Robert Goodale of 665 Stillwater Avenue, Cutchogue, should be notified that he needs to apply for a Special Exception for this use. If the Appeals Board grants the Special Exception, the Planning Board will require that a site plan application be filed. cc: Vincent Wieczorek, Ordinance Inspector Gerard Goehringer, Chairman, Zoning Board of Appeals Matthew Kiernan, Assistant Town Attorney SENDER: SUBJECT: SCTM~: COMMENTS: SUBMISSION WITHOUT COVER LETTER CONSULT YOUR LAWYER BEFOI~E SIGN. lNG THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. PT.F. ASE DO NOT PUBLISH INDENTURE, ma& thc ~ . .day of Augu?t. , uinet~ hunted ~d eighty ~ree BE~N MATTITUCK AUTO BODY, a co-partnership having its principal place of business at MAIN ROAD, (no n,,mber) P.O. BOX 270 MATTITUCK, N~ YORK 11952 party of the first part, and ANDREW E. GOODALE, 4TH STREET, (no D.mher) NEW SUFFOLK, NEW YORK 11956 and WILLIAM CU. GOODALE, 4TH STREET, (no number) NEW SUFFOLK, NEW YORK 11956 as TENANTS IN COMMON AND NOT WITH THE RIGHT OF SURVIVORSHIP. patty of the ~ond part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto thc party of the second pa:t, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ilOMlat at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road distant 507.16 feet westerly as measured along the same, from the point on the northerly side of Main Road where the same is intersected by the westerly side of land now or formerly of the State of New York, said point being also the westerly side of land now or formerly of TMCK Associates; UNNIN~ THENCE along the northerly side of Main Road, South 51 degrees 58 minutes 50 seconds West 120.00 feet to the easterly si~e of land now or formerly of Sidney and Eleanor Packer; ~E along said lan~ the following two (2:) uourses and distances; 1. North 37 degrees 57 minutes 50 seconds West 100.00 feet, and 2. North 23 degrees 03 minutes 00 seconds West 316.82 feet; THF~NCE North 58 degrees 32 minutes 00 seconds East 39.12 feet to the westerly side of land now or formerly of TMCK Associates; and THENCE along said land South 37 degrees 54 minuted 20 seconds East ~ feet to the northerly side of Main Road to the point or place of BEGINNING. BEING AND INTENDED TO BE the same pre!see as those descr~ in Liber 9024 cp553 and recordnd in the Office of the Clerk, Suffolk County on J~ne 26, 1981. TOGETHER with all right, tide and interest, if any, of the party of the first part in and to any streets and roads abutting the above desedhed premires to the center lines thereof; TOGETHER with the ap~cee and all the estate and rights of the ~ of th~ first lc~rt ie and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second ~t, the heirs or successors and assigns Of the party of the second part forever. AND the party of the first Part covenants that the patty of the first ~-bus not d~ne or suffered anything whereby the said premises have beqn ~ in any w~y whatever, except as afoee~ifl. AND the ~ty ~o~ the first i~rt, in c°mvlience with Section 13 of the Lien law, covenants ther the patty of the first part w~l~e~V~t~_~= .i~_".~"'[his conveyance and will hold the risht to receive such consideration u a trust fu~..t.g~ ap~fi~q~d~ of paying the cost o~ the ittlplx}ve.qlent a~l will apply the same first to the pd~ii~ll~td~l~ e~l~ ~n~llSl, ltllla~ before u~ing any pert of the totsd of the ? for any other purpme. The word "patty"~ll111 II~O~sttued as i~ it reed "patties" wheneves tile sense o~ thru indantm'e so eequires. IN ~VITNE.q~ WHE~IvOF, the party of the first part has duly executed this deed the day and year first above written. MATTI~FJCK AUTO BCD] ~, a co-partnership by: REAL ESTATE AU~ 24Lq83 TRANSFER TAX 19 83, before STATE OF NE~W YORK, COUNTY OF On the day of August pcrmnally came Harvey Bagshaw and Terr~ Woodhull ~o me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that theyexecuted the ~me, on behalf of MATTITUCK AUTO BODY, a co-partnership with the principal place of business at Notary_ Public STATE OF NEW YORK, (~OUNTY OF 4: On thc day of 19 , before ~ personally came to me known, who, being by me duly sworn, did depose lad say that he resides at No. that he is the of , the corporation de~rlbed in and which executed the foregoing in*trument; tim he knows the seal of said ¢orpotmtinn that the ~ affixt~:l to mid instrument is suCh ?rpomte se~l; that it was so ~ by order of the board of dtl'ect0r~ of ~id corpor~tina, md t~t he signed h name thereto by like order. ~ATE OF NEW YORK, C~OUNTY OF On the day of personally came 19 , before me to me known to he the individual described in and who executed the foregoing instrument, and acknowledged that $TATI OF Nl~f YORK~ COUNTY OF #: On the d~y of 19 , before me ~x:tso~lly c~me t~ su~ibing wit~ to the fore~?g instm~nt, with who~ I ~ ~ly ~u~ ~, ~g ~ me d~y ~om, d~d de~ and ~y t~t ~ r~id~ at ~o.. thet ~ to ~ tbe ~dividual d~i~.in md w~ e~tM the fo~8 imtmment; t~t ~:~ t~t ~, ~d w~, at tbe ~e ti~ ~b~ri~ h na~ as wit~ BARGAIN. AND SALE DEED WITH COVENANT AGAINST GRANTOR'$ ACT~ TITLE NO. R-959 558 S MATTITUCK AUTO BODY TO ANDREW E. GOODALEL& WILLIAM C. GOOD.ALE RCOt~EALTH LAND TITLE INgHRANCE COMPANY District 1000 S~CT~ON 122.00 atoc~ 06.00 u~ 030.001 COUNTY OR TOWN Reco?ded at Request of COMMOlX0WEALTH LAND TITLE INSURANCE COMPANY Andrew E. Goodale Main Road, BOx 15-A Mattituck, New York 11952 Zip No. ~J T LD Southold, N.Y. 11971 (516) 765-1938 December 12, 1986 Mr. Andrew Goodale Attorney at Law 7655 Main Raod Laurel, NY 11948 Re: Site Plan Application Andrew and William Goodale Dear Mr. G@odale: The Planning Board has made a review of your site plan application. The following information must be on the survey pursuant to Section 100-134 of the Code: 1. Drainage and calculations 2. Landscaping - including the type of street trees 3. existing utilities 4. type of paving for the driveway and parking area. 5. handicap access 6. Ingress and egress must be approved by the State Department of Transportation. If two driveways are not approved, the Board suggests one, with parking as noted on the enclosure. 7. Sidewalks and curbs~ 8. Outdoor lighting and outdoor signs Upon receipt of an amended survey stamped by a licensed surveyor, engineer, etc. we will schedule this matter on the next available agenda. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary eno. Southold, N.Y, 11971 (516) 765-1935 November 24, 1986 Mr. Andrew Goodale Attorney at Law 7655 Main Road Laurel, NY 11948 Re: Site Plan application Andrew and William Goodale Dear Mr. Goodale: Please let this confirm that the Town Planner has made a review of the site plan which you submitted. It was requested that you incorporate the missing site plan elements on a proper site. Please refer to Section 100- 134 of the Southold Town Code. If you have any questions, our office. please d6n't hesitate to contact Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~an~e ' M~, Secretary Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN,~R. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 12, 1986 Andrew Goodale, Esq. Mr. William Goodale 15 Fourth Street, Box New Suffolk, NY 11956 146 Re: Appeal No. 3521 (Variance) Dear Messrs. Goodale: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you ~roceed with the [X ] Planning Board [ ] N.Y.S.D.E.C. [ ] in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear- ing date. If the above document(s) are submitted by late June, it is expected that the public hearing would be held about the middle part of July. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel.free to call at any time if you have any questions. Yours very truly, CC: Planning BoardV/ GERARD P. GOEHRINGER CHAIRMAN V~.y Linda Kowalski AUI 18 1986 Southold Town Board o£Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 352] Application Dated June 4, ]986 TO: Andrew Goodale, Esq. Mr. William Goodale 15 Fourth Street, Box 146 New Suffolk, NY 11956 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 3], ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for variance Due'to Lack. of Access to Property New York Town Law, Section 28b-a~ [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3l, Bulk Schedule [ ] Request for Application of ANDREW AND WILLIAM GOODALE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reduce living area in preexisting, nonconforming dwelling unit in th%~ "B-']" General Business Zoning District, to less than 850 sq. ft. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-30.1 (or 30). WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of ANDREW AND WILLIAM GOODALE under Appeal No. 3521; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance of the provisions of Article III, Section 100-31, Bulk Schedul~ of the Zoning Code, as referred ir the Notice of Disappro~,ai dated March 28, 1985 of the Building Inspector, for permission to reduce the living area of this preexisting, nonconforming dwelling unit to 767 sq. ft. (on the second level), in order to add office area to the first floor for a total floor area for the business use of 662 sq. ft. 2. The premises in question is located along the north side of the Main Road (State Route 25) in the Hamlet of Matti- tuck (near Laurel), and is identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (30):'~ (CONTINUED ON PAGE TWO) DATED: August 15, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD ?age 2 - Appeal No. 3521 Matter of ANDREW AND WILLIAM GOODALE Decision Rendered July 31, 1986 .,~>. I'i~e subject premises contains a total lot area of 1.12± acres~ with a frontage along the Main Road of 120 feet. Existing upon the as noted and Certi by sketch and sketc subject p District. involve t time and to expand for a sep subject premises are two single-family dwelling structures by Certificate of Occupancy #Z10885 dated March 1, 1982, ficate of Occupancy #Z12534, and more particularly shown prepared by Anthony Lewandowski stamped April 11, 1986, h prepared by Penny Lumber dated July 18, 1986. The remises is located in the "B-I" General Business Zoning It is the understanding that this application does not he enlarging of either of the existing buildings at this is an alteration of the first-floor to add office area the present professional-business office use and not arate business occupancy. 4. It is noted that one of the effects of the granting of this variance is to reduce the nonconformity of the dwelling unit in this structure, which is within the spirit of the zoning ordi- nance. iF~ considering this appeal, the board finds and determines: (a) that the relief requested is not substantial in relation to the zoning requirements for this business zoning district; (b) ~here will be no substantial change in the character of the immediate area; (c) the circumstances are unique; (d) the practical difficulties are sufficient to warrant the granting of this variance; (e) there is no other method feasible for appellant to pursue other than to enlarge the existing building [which is not feasible for appellant at this time]; (f) in view of the manner in which the difficulties arose and in considering all the above factors~ the interests of justice will best be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki~ it was RESOLVED, that a Variance as requested under Appeal No. ~3521 in the Matter of the Application of ANDREW AND WILLIAM GOODALE for permission to reduce nonconforming livable floor a~-o'--f preexisting dwelling unit to 767 sq. ft., BE AND HEREBY iS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Douglass and Grigonis were absent.) This resolution was duly adopted. lk ~I~RARI~ P-.-'I~OEI~R~'NGER, C~iRMAN August 16, 1986 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..................... 19. . File No ................................ To ...~.....~....~. ~.. ;...~.. ?. ~ · ./..~...~.....~........~..::? ......... .~.~. .~. j.b~.,. ~..~. ... . / / ?.~.~. . for permit to construct...t~.~ ~.....-~.'... ~.A'~.~..~: ~...A~.~,'...~..~..~ ..... at Location of Property . .3.~ ~.. ~ ~. ~ ........... ~ ~ ~.~. ~ ................ Hou~ No. St~t Ham/et Co..tv ~ ~ap ~o. ]0oo s~ctio..../.~ ~ ..... moc~ .... O.G ....... ~t .~9.'. 9.qJ .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following g~ounds.....~., i~...~.. ~. ~. ~ ' ..... · Building Inspector RV 1/80 ~ ( X ) ';~:: ( X ) (x) (x) (x) (v~ ( x ) X ) X) x) x) x) x) x) x) x) (x) (x) SITE PLAN ELEMENTS §100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Suffolk County 1000-122-06-30.1 Name and address of the owner of record ~a~dre~ &,william ~oodale ~ e an~ anqre~ ot t~eper~on p~aring the ~ap Surveyoy anthony ~ewanaows , Plot p±an w/office by Penny Lumbc Date, North arrow and written and ~raphic scale 1" - 50' April 11, 1986; North on Ke~ Map re~erence; Scale - Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing wi~h of a4~ace~ s.trect~s, and curblines See plot plan, Route 25, ~nclua~ng s~wa£K ~s ~u The Iocation and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use withinor adjoining property. None A complete outline of existing deed restrictions or covenants applying to theproperty None Existing zoning "B-l" General Business District Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Noted on Survey Approximate boundaries of any areas subject to flooding or stormwater overflc Not applicable Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and o£her siMnificant~existing features. See plot plan, trees & wooGe~ ar~as no~e~. Other features N.A. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. N.A. vacant land adjoining Paved areas, sidewalks, and wehicular access between the site and public S~reets See plot plan, sidewalk and parking area noted Locations, dimensions, grades and flow direction of existing sewers, culvert% and waterlines as well as other underground and above ground utilities within and adjacent to the property. Survey or plot plan so noted Other existing development, including fences, landscaping a~d screening ~ee~plo~ plain, tree~, screening of shubbery as exmstmng ine ±ocatlon oi proposee buildings or structural improvement The location and design ofall uses not requiring structures such as off street parking and loading areas. ~ee~plot pla~, so noted for sufficient off street parking ine ±ocatlon, Glrection, power and time of use of any proposed outdoor lighting or public address systems. N.A. The location of, and plans for, any outdoor signs ~,No~e contemplated at present ine location an~ arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of. water and sewer lines. Circular access to & from premzses OVER... ~ite plan elements cont. (§100-134) (X (X X X X Any proposed grading, screening and other landscaping including types and locations of proposed street trees. As existing on plot plan The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate mean~ of wager s~pply and sewage disposal and treatment. NO proposed private aeve±opment An outline of any proposed deed retrictions and/or covenants. Previousl answered, N.A. Any contemplted public improvements on or adjoining the property. ~e ~i~ntemp±ated e developmenl plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment.N.A. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. N.A. for the variance to office use PENNY' LUMBER MAIN ROAD -BOX 67 GREENPORT, N.Y. ! 1 ~,4 LO~ ~LO0~ T~L~H ( ) ( ) ( ) SITE PLAN ELEMENTS §100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record ~ Name and address of the person preparing the ma~ Date, North arrow and written and graphic scale Sufficient description or information to precisely define the boundarie~ of the property. Ail distances shall be in feet and tenths of a foot. Ail angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing width of adjacent streets and curblin: The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, set~ reservations, and areas dedicated to public use withinor adjoining prop~ A complete outline of existing deed restrictions or covenants applying theproperty Existing zoning Existing contours at intervals of five or less, referred to a datum~ satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks, and w~hicular access between the site and publi streets Locations, dimensions, grades and flow direction of existing sewers, cu and waterlines as well as other underground and above ground utilities within and adjacent to the property. -Other existing development, i~cluding fences, landscaping and screening The location of proposed buildings or structural improvement The location and design ofall uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas~rofiles indicatin grading and cross sections showing width of roadway,~location and width of sidewalks and lcoation and size of water and sewer lines. Site plan elements cont. (§100-134) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan With the intent and regulations of this chapter.