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1000-62.-3-10
coo��o o PLANNING BOARD MEMBERS W = SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. y��0,( it ?�`� Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November. 19 , 1991 Richard F. Mullen, Jr. Mullen Motors Main Road Southold, New York 11971 Re: Amended Site Plan for Mullen Motors S/E/c Main Road and Cottage Place, Southold SCTM # 1000-62-3-20 Dear Mr. Mullen, Jr. : The following resolution was adopted by the Planning Board at its public meeting on November 18, 1991. BE IT RESOLVED, that pursuant to the Zoning Board of Appeals' decision of September 26, 1991 (Appeal No. 4050) the Planning Board hereby amends the approved site plan for Mullen Motors that was endorsed on October 31, 1988, by allowing the addition of two concrete pads between the front of the showroom and State Route 25 (Main Road) . The pads may be used only for the purpose of showcasing cars for sale. Please submit a revised copy of the site plan that shows the location of the two concrete pads for our files. If you have any further questions, please contact the office. Sincerely, Bennett Orlowski, 6r. °NS Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector .Vincent Wieczoreck, Ordinance Inspector Harvey Arnoff, Town Attorney Town Hall, 53095 Main Road L P.O. Box 1179 Southold,New York 1 19711 TELEPHONE (516)765-193 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Eric Bressler Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Mullen Motors SCTM #1000-62-3-20 Dear Mr. Bressler: The following actions were taken by the Southold Town Planning Board on Monday, October 31, 1988. RESOLVED that the Southold Town Planning Board approve the final map dated as amended September 28, 1988. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final map dated as amended September 28, 1988. If you have any questions please do not hesirtate to contact this office. Ve ruly yours n BENNETT ORLOWSRI,JR. CHAIRMAN enc. cc: Richard Mullen Building Department Assessor's jt • • sin✓ Pg Submission Without a Cover Letter Sender: PJC 3� HJ 14 ,c ZI� Subject: SCTM*: IOOO- C5- 03 2,2I / 6 a - 4D Late: y/2"'xl 4a Comments: D APR E 4 2� SbUftIdTam PLANNING BOARD MEMBERS �$o�OSUFFO(,I.coG y� Richard G. Ward, Chairman George Ritchie Latham,Jr. .y+- ' �= Town Hall,53095 Main Road Bennett Orlowski,Jr. G Wl P. O. Box 1179 Mark S. McDonald ?'? Southold, Newyork 11971 Kenneth L. Edwards ! : � Fax(516)765-3136 Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Thomas Fisher, Senior Building Inspector In Charge FROM: Richard G. Ward, Chairman 4 RE: Mullen Motors S/Ec Main Road and Cottage Place, Southold Zoning District: General Business (B) SCTM# 1000-62-3-20 DATE: March 28, 1995 It has been brought to this Board's attention that the variance granted by the Board of Appeals on September 26, 1994, permitting two concrete pads 7 ft. by 20 ft. for the display of two cars in the front yard has been violated. The entire front landscaped area has been recently paved over. Consequently, the site is in violation of its site plan as well. Your verification and enforcement of the above variance and site plan violations would be appreciated. cc: Gerard P. Goehringer, Chairman Board of Appeals APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman �� , Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. ' P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa 7 Fax(516)765-1823 Telephone(516)765-1809 _ ix -` Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. 4050: Application for RICHARD MJLLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C1, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zone and planning for existing uses) . WHEREAS, a public hearing was held on September 26, 1991 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is located in the General "B" Business Zoning District and is a 100' by 197' tract of improved land identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 20; (b) abuts other land of the applicant herein to ttie south which ha been the subject of prior Applications un (a) No. 3675 rendered November 18, 1987; (b) No. 3674 rendered November 18, 1987, (c) No. 3608 rendered April 2, 1987 and (c) No. 3634 rendered June 30, 1987; (c) is improved with a principal one-story building used for car sales and repairs, and two existing accessory buildings, all as shown on the site plan prepared June 15, 1987 Page 2 - Appl. No. q �su • r ,. Matter of RICHARD M LLEN, JR. Decision Rendered September 26, 1991 by Antonucci & Lawless of Yonkers, New York. 2. This application is concerning two concrete pads of a size 7 ft. wide,,x 20 ft. deep located in the northerly front yard area northerly of the existing principal building with new showroom addition. The concrete pads are at ground level and not higher than the level of the existing curbing along State Route 25 (see ZBA' s photographs submitted for the record) . This area is therefore not defined as "building area." The two concrete pads are within that area sectioned off for non-traffic purposes (restricted for off-street parking) . 3. All other structures/uses and amenities are as surveyed and depicted on the August 13, 1991 map prepared for Mullen Motors, Inc. by Peconic Surveyors, L.S. (ID #91-224) . 4. For the record, it is also noted: (a) that the front yard area under consideration has prior to the construction of the showroom addition been utilized as an open parking area for the traveling public; (b) that although the maps submitted under the previous applications did not depict the front (northerly) parking area, the Board Members know from personal knowledge that this area has been utilized for more than 25 years; (c) that the intent of Condition No. 2 of this Board' s decision rendered November 18, 1987 is to prohibit egress and ingress to this area for the traveling public (customers and employees included) , and to allow an open and unobstructed view for traffic traveling north on Cottage Place and turning onto the Main (state Route 25) Road; (d) that the allowance of two concrete pads and sales display for two vehicles will not be adverse or create a dangerous or adverse condition, and will not interfere with the movement of traffic; (e) that the aesthetics of the front yard area will not be changed since its use will be limited to landscaped, nontraffic areas and display for two vehicles only, rather than an accessible parking area as previously existed. 5. In considering this application, the Board also finds: ( a) that erelief, will not beadverse totheessentialocharacterlofnthedneighbor- hood; bthat the relief, as conditionally will not inturnbe adversetothe safety, health, welfare, Page 3 - Appl . No. 04 -7. 'rd 5"b Matter of RICHARD MULLEN , JR. Decision Rendered September 26 , 1991 comfort, convenience or order of the town, or be adverse to neighboring properties; cthe relief ot create a substantial increasein business euse nl orusell ndensity, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from the requirements is limited to an outside display area of approximately 280 sq. ft. (two 7 x 201 concrete pads) , which is minimal under the circumstances; (e) in considering all of the above factors, the interests of justice will be served by granting minimal relief, conditionally and as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for two 7 ft. by 20 ft. concrete (vehicle sales display) pads, TIONS: SUBJECT TO THE FOLLOWING CONDI- 1. That the concrete pads are limited to a number of two, one for each vehicle to be displayed for sale, and each pad to not exceed a size of 7 ft. x 20 ft. , as applied; 2. That each particular outside display pad shall be authorized for one unregistered vehicle, for a total of two. Grigoniiss, Dinlis;Eio, and and Thisrresolutiongwas dulynadopted. x * a lk ��'GERARD P. GOEHRINGER, CHA tiV COUNTY OF SUFFOLK PATRICK G. HALPIN ! 1 SUFFOLK COUNTY EXECUTIVE ' DEPARTMENT OF PLANNING --- --- -,.�_._.._.-._.__,--ARTIiUR H. KUNZ VIRECIOR Or P"MM October 16, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal Pile Number(s) Homayuni/Kapotes 4009 ellen, Richard Jr. 4050 Hands, Jr., William A. 4054 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner 1 GGN:mb VETERANS MEMORIAL MGMYAY MAUPPAUGIL LL NEW YORK 1176E 161 a 66rs6162 APPEALS BOARD MEMBERSJtFO( SCOTT L.HARRIS Gerard P.Goehringer,Chairman cl> �y� Supervisor Charles Grigonis,Jr. '" Town Hall,53095 Main Road Serge Doyen,Jr. c ? ? P.O.Box 1179 James Diniuo,Jr. Southold,New York 11971 Robert A.Villaa� a�! Fax(516)765-1823 Telephone(516)765-1809 �' Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 8, 1991 Eric J. Bressler, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 ��rc06'D Re: Appl. No. A!Zk- - Richard Mullen, Jr. (Appeal) Dear Mr. Bressler: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A-copy of this decision has simultaneously been transmitted to the Planning Board and Building Inspector this date for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Planning Board .Building Inspectors �gUfFO�,� PLANNING BOARD MEMBERS rn y Bennett Orlowski, Jr., Chairman a 0�� �0�� SCOTTTL. HoARRIS George Ritchie Latham, Jr. 1 Richard G. Ward Mark S. McDonald Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 3, 1993 Richard F. Mullen Mullen Motors Main Road Southold, NY 11971 RE: Amended Site Plan for Mullen Motors S/E/c Main Road and Cottage Place, Southold Zoning District: General Business (B) SCTM# 1000-62-3-20 Dear Mr. Mullen: The Planning Board has reviewed the Site Plan for the above referenced project. The Planning Board in its letter to you of August 4, 1992, had requested a revised Site Plan showing the location of the two concrete auto display pads that were not shown on the approved plan. ,. The Board will make the necessary changes to your plan on our file copy. This action on our part will close our file on this project. If you have any questions, or require further assistance, please contact staff member Robert Kassner at this office. Sincerely, Richard G:Ward �� Chairman cc: Victor Lessard, Principal Building Inspector o��gUFFO(kco PLANNING BOARD MEMBERS * V SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman A 'F Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 4, 1992 Richard F. Mullen, Jr. Mullen Motors Main Road Southold, NY 11971 RE: Amended Site Plan for Mullen Motors S/E/c Main Road and Cottage Place, Southold SCTM# 1000-62-3-20 Dear Mr. Mullen: This letter is in reference to the Board' s letter to you of November 19, 1991, (copy enclosed) , requesting a revised site plan that shows the location of the two concrete auto display pads. To date, the Board has not received the requested plans. If we can be of assistance to you, or if you have any questions, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 1516) 7651809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3674 Application Dated September 18 , 1987 TO: Mr . John Bertani , as Agent [Appellant (s) ] for RICHARD MULLEN , JR. 1380 Oakwood Drive Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on November 18, 1987 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [XI Request for Special Exception under the Zoning Ordinancr Article VII - , Sections100-70 and 100-71 [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of RICHARDMULLEN JR. for a Special Exception to the Zoning Ordinance , Artic a I , ectlon 00-70 (and 100-71 ) for permis- sion to construct addition for showroom use incidental to the existing car-sales business use in this "B-1 " General Business Zoning District . Location of Property : Corner of Main Road and the East Side of Cottage Place , Southold , NY ; 1000-62-3- 19 and 20. WHEREAS , a public hearing was held and concluded on Novem- ber 10 , 1987 in the Matter of the Application of RICHARD MULLEN JR . under Application No.- .3674 , and . WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning, and the surrounding areas ; and WHEREAS , the Board made the following Findings of Fact : 1 . The premises in question is located in the B-1 General Business . Zoning District and is a 100 ' by 197 ' parcel of improved land identi - fied on the Suffolk County Tax Maps as District 1000, Section 62 , Block 3 , Lot 20. Abutting this property along the south side is other land of the applicant herein which has -been the subject of prior Appeals No. 3608 rendered April 2 , 1987 and No . 3634 rendered June 30 , 1987 . 2 . The subject premises is improved with the principal one-story building used for car sales and repairs , and two existing accessory buildings , all as shown by site plan prepared (CONTINUED ON PAGE TWO) DATED! December 3 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) y y Page 2 - Appl . No . 3674-SE Matter of RICHARD MULLEN JR . Decision Rendered November 18 , 1987 June 15 , 1987 by Antonucci & Lawless , Yonkers , New York . 3. By this application , applicant requests a Special Exception under the Provisions of Article VII , Section 100-70 and 100-71 for permission to establish a car-showroom use in a proposed 19± feet by 29-ft. wide addition , which is to be used in conjunction with the existing car-sales business . 4 . The proposed building is to set back not less than 15 feet from the northeast corner of the addition. to the northerly front property line and approximately 20 feet at the northwesterly section . A 10-foot grass buffer area exists between the applicant ' s property line and the street line . The setback from the westerly front property line (along Cottage Place ) will not be reduced by this proposed project . 5 . In considering this application , the Board has deter- mined : (a) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (b ) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in adjacent use districts ; (c ) the safety , health , welfare , comfort , convenience , and order of the Town will not be adversely affected by the proposed use and its location; (d ) the use will be in harmony with and promote the general purposes and intent of the zonin ordinance . The Board has also considered items [a] through ?11 of Article XII , Section 100-121 (C ) [2] of the Zoning Code . Accordingly on motion by Mr . Douglass , seconded by Mr. Grigonis , it was RESOLVED , to GRANT the permit requested under Application No . 3674 in the Matter of the Application of RICHARD MULLEN JR. for the construction and use of a one-story , 19-foot addition as shown on the June 15 , 1987 Site Plan prepared by Antonucci & Lawless , Architects and Engineers , and SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That the setback at the closest points be not less than 14 feet from the front (north ) property line [as applied] ; 2 . No vehicles between the proposed addition and forward (to the north front property line) . Vote of-. the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent. ) This resolution was duly adopted. lk GERARD P . GOEHRINGER, AIRMAN December 3 , 1987 Page 2 - Appeal No . 3675 Decision Rendered November 18 , 1987 Southold Town Board of Appeals 3. By this application , appellant requests a variance from the provisions of Article VII , Section 100-71 , Bulk Schedule of the Zoning Code which requires a minimum front- yard setback at 35 feet. 4. The relief requested by this application is a reduction from the present 33 . 5 feet for a 19 ' by 29' wide addition , to a setback at not less than 15 feet at the northeast corner and with a setback of approximately 20 feet at the northwest corner from the northerly front property line (along the Main Road) . A 10-foot grass buffer area exists between the applicant ' s property line and the street line. The setback from the westerly front property line (along Cottage Place ) will not be reduced by this proposed project . 5. In viewing the immediate area , it is noted that principal buildings in the area are set back off the Main Road at a similar or lesser setback than that proposed herein . 6 . It is noted for the record that although provision has been made for the residential zoning district under Article III , Section 100-33 of the Zoning Code for similar circumstances , no provision has been added under the B-1 General Business District which would permit the average setback of existing structures within 300 feet on the same side of the street , same block , and same use district . 7. It is the opinion of this Board that the grant of this variance : (a ) will not cause a change in the character of this district ; (b) will not cause a substantial effect or detriment to adjoining properties ; (c ) is the minimal necessary and is not substantial in relation to those established in the immediate area ; (d) will be within the spirit of the zoning ordinance . 8 . It was further determined that : (a ) the circum- stances of the property are unique and are not personal in nature; (b) there is no other method feasible for appellant to pursue other than a �variance ; (c ) in view of all the above factors , the interests of justice will be served by granting the variance , as conditionally noted below . Accordingly , on motion by Mr. Douglass , seconded by Mr . Grigonis , it was RESOLVED , to GRANT the relief requested under Appeal No . 3675 in the Matter of the Application of RICHARD MULLEN , JR . for the construction of a one-story , 19-foot addition as shown on the June 15 , 1987 Site Plan prepared by Antonucci & Lawless , Architects and Engineers , and SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That the setback at the closest points be not less than 14 feet from the front (north ) property line [as applied] ; 2 . No vehicles between the proposed addition and forward (to the north front property line ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass .and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . A 1 k A 11 GERARD P . G It ING R , MAN December 2 , 1987 Board of Southold Town Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 7651809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3675 Application Dated September 18 , 1987 [Appellant (s) ] TO: Mr . John Bertani , as Agent for RICHARD MULLEN JR. 1380 Oakwood Drive Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on November 18 , 1987 , the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a_ [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article VII , Section 100-71 , Bulk Schedule [ ] Request for Application of RICHARD MULLEN JR. for a Variance to the Zoning Ordinance , Article V eRi 3n Bulk Schedule , for permission' to construct showroom addition with an insufficient frontyard setback from the north property line . Location of Property : Corner of Main Road and the East Side of Cottage Place , Southold , NY ; County Tax Map Parcel No . 1000-62-3-20 and 19 . WHEREAS , a public hearing was held and concluded on Novem- ber 10 , 1987 in the Matter of the Application of RICHARD MULLEN JR. under Application No. A75 ; and . WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question ; its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following Findings of Fact : 1 . The premises in question is located in the B-11Geoeral Business. Zoning District and is 100 ' by 197 ' parcel of improved land identified on the Suffolk County Tax Maps as District 1000 , Section 62 , Block 3 , Lot 20 . Abutting this property along the south side is other land of the applicant herein which has been the subject of prior Appeals No . 3608 rendered April 2 , 1987 and No . 3634 rendered June 30 , 1.987 . 2. The subject premises is improved with the principal . one-story building used for car sales and repairs , and two existing accessory buildings , all as shown by site plan prepared June 15 , 1987 by Antonucci & Lawless , Yonkers , New York. (CONTINUED ON PAGE TWO ) DATED: December 2 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) 4- Sad4cicE' LAW OFFICES Q WICKHAM, WICKHAM & DRESSLER, P.C. MAIN ROAD.P.O. BOX 1494 MATTITUCK,LONG ISLAND MORTGAGE OFFICE WILLIAM WICKHAM NEW YORK 11662 516466.5300 ERIC J.6KESSLEN TELEFAX No.516 4 6 6 2 012 A616AIL A.WICKHAM 516466.6353 DANIEL C,Rog TELEFAX NO. SI6466-6565 KAREN J.HA"N HUBERT F.SULLIVAN JOSEPH C.SAVINO May 8, 1991 Southold Town Planning Board P.O. Box 1179 Southold, N.Y. 11971 Attention: Bennett Orlowski, Jr. , Chairman Re: Mullen Motors SCTM No. 1000/62/3/20 Dear Mr. Orlowski: Regarding your correspondence of March 20, 1991 to Richard Mullen, Jr. , we intend to file an application on Mr. Mullen's behalf with the ZBA requesting the previously granted variance be amended to allow for the car pads at issue. If the ZSA grants our application we will apply to the Planning Board to amend the site plan. We would appreciate it if you would let us know if you object to our proceeding in that manner. V yours, l el DCR:vm MAY -9199( "' Qr,�FFOlKCO�� PLANNING BOARD MEMBERS N ', g SCOTT L. HARRIS � Supervisor Bennett Orlowski, Jr., Chairman O George Ritchie Latham, Jr. Y0��o1 �� Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED March 20, 1991 Richard Mullen Jr. Main Road Southold NY 11971 RE: Mullen Motors SCTM# 1000-62-3-20 Dear Mr. Mullen: This letter is in reference to the Planning Board' s letter of April 20, 1990, to Wickham, Wickham and Bressler, (copy enclosed) , requesting that the car pads in front of the new addition be removed to bring the site into conformance with the approved plan and the Zoning Board of Appeal' s variance. To date, this work has not been accomplished. If the Planning Board does not hear from you within two weeks from the date of this letter, the matter will be turned over to the Code Enforcement Officer for further action. If you have any questions, or require further assistance, please contact this office. Very truly yours, Be�twBennett skl, Jr. � Chairman Encl. cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Code Enforcement Officer Matthew Kiernan, Assistant Town Attorney Gerald P: Goehringer, Chairman, Zoning Board of Appeals Town Hall, 53095 Main Road =o �" _� SCOTT L. HARRIS P.O. Box 1179 Supervisor Southold, New York0� Fax(516) 765-1823 11971 1 _�� ^� Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD -• -April 20, 1990 Eric Bressler Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Mullen Motors SCTM# 1000-62-3-20 Dear Mr. Bressler: The Planning Board has made an inspection of the above mentioned premises and found it is not in conformance with the approved site plan of October 31, 1988. The two car pads in front of thefnew addition must be removed to bring the site into conformance with the approved plan. n If you have any questions, or require further assistance, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski Jr. Chairman cc: Richard Mullen Victor Lessard, Principal Buidling Inspector Harvey Arnoff, Town Attorney Thomas Wickham, Councilman 01fi' D� APPEALS BOARD MEMBERS SCL. HARRIS h' Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. ="�1f� Z. y�� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki k James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 765-1800 June 15, 1990 Karen Hagen, Esq. Wickham, Wickham &Bressler Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Appeal No. 3674 and 3675 Richard Mullen, Jr. Dear Ms. Hagen, In response to your letter dated May 23, 1990 regarding the above application, on which an interdepartmental memorandum was issued to Valerie Scopaz on September 19, 1988. This Board based its approval conditionally that, "No vehicles between proposed addition and forward (to the north front property line) ." Under this condition it prohibits any vehicle to be located between these two point, whether the vehicles are parked, stopped or for show. If you require any further assistance please contact this office at 765-1809. ,Yours very truly, Gerard P. Goehringer Chairman 2BA/df uw orrlces WICKHAM, WICKHAM & BRESSLER, P.C. dIY MAIN ROAD, P.O.BOX 1424 Q ' WILUAM WICKHAM MATTITUCK,LONG ISLAND I" ERICJ.BRESSLER NEW YORK 11952 FICC ABIGAILA.WICIIMAM 516-298.5300 DANIEL C.ROSS 516.298.8353 � TELEFAX NO.316.296-2012 KARCN J.HAOEN TELEFAX NO.516.298-6565 MUBERT F.SULLIVAN May 23, 1990 Southold Town Board of Appeals Town Hall - --` Main Road ..�-- - 1 Southold, New York 11971 Re: Appeal No. 3674 and 3675 Richard MulleN, Jr. Gentlemen: We would like some clarification on Appeal No. 3674 and 3675 on which a decision was issued on December 3, 1987, and on which interdepartmental memorandum was issued to Valerie Scopaz on September 19, 1988. Please clarify whether the condition concerning vehicles between the addition and front property line was to include pads for showing new cars. These pads are not used for parking, but solely to show cars. Thank you for your consideration. Very truly yours, Karen J. Hain F C 1 KJH:mjb 23 J� Town Hall, 53095 Maio Road ; ( SCOTT L. HARRIS P.O. Box 1179 Vo ; J upa-vi Southold, New York Fax (516) 765-1823 11971 �l `��O Telephone (516)765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 20, 1990 Eric Bressler Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Mullen Motors SCTM# 1000-62-3-20 Dear Mr. Bressler: The Planning Board has made an inspection of the above mentioned premises and found it is not in conformance with the approved site plan of October 31, 1988. The two car pads in front of the new addition must be removed to bring the site into conformance with the approved plan. If you have any questions, or require further assistance, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski Jr. Chairman cc: Richard Mullen Victor Lessard, Principal Buidling Inspector Harvey Arnoff , Town Attorney Thomas Wickham, Councilman Town Hall. 53095 Main Road P.O. Box 1179 Southold.New York 11971 TELEPHONE (516)76S-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD --eptember 21, 1989 Eric Bressler I ,4--ckbam, Wickham, Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Mullen Motors scTm# 1000-62-3-20 Dear Mr. Bressler: The Planning Board has made an inspection of the above mentioned premises and found it is not in conformance with the approved site plan of October 31, 1988. The two car pads in front of the new addition must be removed to bring the site into conformance with the approved plan. If you have any questions, or require further assistance, please do not hesitate to contact this office. y t zt'�];IZK r-e'-7� Bennett Orlowski Jr. CHAIRMAN --C: Richard Mullen Victor Lessard James A. Schondebare i /,Tmn Hall, 53095 Main Road P.O. Box 1179 S64thold,New York 11971 / TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RESOLVED, THAT THE PLANNING BOARD ` approve the site plan of Mullen Motors with the following r conditions: 1. The grassed area shall extend to the westerly property line. 2. The sidewalk which is shown as being 3 ' wide, but is scaled at 51shall be constructed at the 31 width. 3 . The grassed area between the sidewalk and the curb is shown as being 21 in depth fPshall be constructed so as to 4e tv.%k 4 n. -dw-+9-Q installed as per NYSDOT standards and specifications. 4r10. +rklsio 4-e. 4. The street trees shall be planted in accordance with the provisions of Section A108-41 of the Highway Specifications. 5. Any exterior lighting that may be added to the facade of the addition or to the existing structure in order to illuminate the facade of the addition shall be shielded so as not to throw light beyond the property boundaries, sr ' r, MEMORANDUM TO: '.:.FILE FROM: Valerie Scopaz, Town Planner . . DATE: at '&14� mss . �= p3 c�1FFQ(K Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS w 2 n M1m GERARD P. GOEHRINGER, CHAIRMAN [JW CHARLES GRIGONIS, JR. . ---- -^--,� SERGE DOYEN, JR. JOSEPH H. SAWICKI INTERDEPARTMENTAL MEMORANDUM TO: VMS. Valerie Scopaz, Town Planner Southold Town Planning Board Chairman and Members FROM: Board of Appeals DATE: September 19, 1 SUBJECT: Appeal No. 3675 - Richard Mullen, Jr. 1000-62-3-20 and 19 Please let this memorandum clarify for the records Condition No. 2 of this Board's decision rendered November 18, 1987, which reads: "No vehicles between the proposed addition and forward (to the north front property line) . " That Condition would prohibit parking or stopping of any vehicles directly between the new showroom addition and the property line along the Main Road of the proposed addition and is not intended to affect parking which may be continued immediately to the west of this area, along Cottage Place. The Board Members had indicated during deliberations that they would have no objection to a few occasional parking spaces along Cottage Place, provided sufficient visibility was not adversely affected and all elements under the site-plan review process were determined pursuant to law. lk PLANNING BOARD MEMBERS y 2 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman G .tC Supervisor George Ritchie Latham, Jr. Richard G. Ward l �a0 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED July 9, 1991 Richard Mullen, Jr. Main Road Southold, NY 11971 RE: Violation of Site Plan and Condition of Zoning Board of Appeals decision Mullen Motors Main Road, Southold Zone-General Business SCTM# 1000-62-3-20 Dear Mr. Mullen: This letter is in reference to the Planning Board's letter of March 20, 1991, requesting removal of the car pads in front of the new addition to your building. You had indicated in response to that letter that you were going to file an application with the Zoning Board of Appeals. To date this application has not been filed. Accordingly, this matter will now be turned over to the Town Attorney and the Ordinance Inspector for enforcement. If you have any questions, or require further assistance, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector Harvey A. Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Gerald P. Goehringer, Chairman, Zoning Board of Appeals i - ------ -- .._ 11C ..,��.� ----------------- 00, - --- -- - `. - 177 i i 1 FP&M 2E •. MuL[ie. I�tu�hv�- § 100-112 ZONING § 100-112 -p A4v/� '� two-family residence may count as one (1) parking space, ` .ZPJ4 7&zu fD other than on a corner lot. C. Size of spaces. Three hundred fifty (350) square feet shall be considered one (1) parking space (to provide room for (/ standing area and aisles for maneuvering). Entrance and exit lanes shall.not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be ten(10)feet and the minimum length shall be twenty (20) feet. > D. Access..Unobstructed access to and from a street shall be provided. Such access shall consist of at least one (1) ten- foot lane for parking areas with less than twenty (20) spaces,and at least two (2)ten-foot lanes for parking areas with twenty (20) spaces or more. No entrance or exit for any off-street parking area shall be located within fifty (50) feet of any street intersection. E. Drainage and surfacing. All open parking areas shall be properly drained within the premises and all such areas shall be provided with a dustless surface, except for C.� parking spaces accessory to a one-family or two-family residence. F. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more establishments,whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. G. Combined spaces. When any lot contains two (2) or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that { use. Where it can be conclusively demonstrated that one (1) or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement. H. Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same 10045 1 �_ Town Hall, 53095 Main Road o P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 John Bertani 1380 Oakwood Drive Southold, NY 11971 RE: Mullen Motors` SCTM #1000-62-3-10. 3,11,20 Dear Mr. Bertani: The following action was taken by the Southold Town Planning Board on Monday, August 15, 1988. RESOLVED that the Southold Town Planning Board set forth the following conditions to be satisfied before the final approval is granted: line. 1. The grassed area shall extend to the westerly property 2. the sidewalk which is shown as being 3 ' wide, but is scaled at 5' shall be constructed at the 3 ' width. 3. The grassed area between the sidewalk and the curb is shown as being 2 ' in depth. It shall be constructed so as to extend from the edge of the sidewalk to the curb, which is to be installed as per NYSDOT standards and specifications. 4. The street trees shall be planted in accordance with the provisions of Section A108-41 of the Highway Specifactions. 5. Any exterior lighting that may be added to the facade of th eaddition or to the existing structure in order to illuminate the facade of the addition shall be shielded so as not to throw light beyond the property boundaries. - 97) Y Vr\ X71 JAMES A.SCHONDEBARE �1 Town Hall, 53095 Main Road TOWN ATTORNEY P.O. Box 1179 .ff. Southold, New York 11971 ROBERT H.BERNTSSON T TELEPHONE ASSISTANT TOWN ATTORNEY (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD p � 9ROTR 0 IW25W ING BMD To: Planning Board From: Robert H. Berntsson, Assistant Town Attornery Date: Friday, November 25, 1988 Ref: Mullen Motors Article 78 For your information, we received a copy of the letter Eric Bressler sent to the Supreme Court discontinuing the Article 78 proceeding against the Planning Board. I have attached a copy of said letter. RHB:kjp Enclosure LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 MORTGAGE OFFICE ABIGAIL A.WICKHAM 516-29616300 DANIEL C.ROSS 516.298.6353 ! KAREN J.STRETZ HUBERT F.SULLIVAN November 15, 1988 Non. Judge Nand Justice - Supreme Court County Center Riverhead, New York 11901 Re: Nullen Motors, Inc. , and Richard F. Nullen, Jr. v. Planning Board of the Town of Southold - Index No. 88-16606 Dear Sir: Please be advised that the above referenced Action has been settled between the parties. The matter was on the calendar for November 18, 1988. Thank you for your courtesy. Very truly yours, Eric J. ressler EJB:vm cc: Robert Berntsson, Esq. tv5� c oar rc� d-A -- I� ( _ /yam_ `: r•2':. i s r_ ` is e� Y� p0. ,~� ��..��y _ .�ti� 4� fin. .r..'1-'�rT•{4'. av tl,� ..�' =V. �..��� � •..�A4h.Y.r�^ c�� mow\ Y� ` ,_�� � .� I h ,��¢��/ _.._.=.'�=` q'd*`i �` "r;�.-iaT.,,.�,/`�O',,iL iv.'-ei+;. � '�i��..�°�•' .�^csSiyC�93,?.. �'�=,•t � � e. 'w$ rT Al <ia�' SUPREME COURT:STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------X MULLEN MOTORS, INC. , and RICHARD F. MULLEN, JR. Petitioner NOTICE OF PETITION -against- INDEX # 88- PLANNING BOARD OF THE TOWN OF SOUTHOLD, Respondent ---------------------------------------X PLEASE TAKE NOTICE that upon the petition of Mullen Motors, Inc. and Richard F. Mullen, Jr. verified September 14, 1988 and the exhibits annexed thereto, an application will be made at a Special Term, Part II of this Court at the Courthouse, Griffing Avenue, Riverhead, NY on the 19th day of October, 1988 at 9:30 o'clock in the forenoon or as soon thereafter as counsel can be heard, for a judgment pursuant to Article 78 of the Civil Practice Law and Rules granting to the petitioner the following relief: vacating and annulling the decision of the Planning Board of the Town of Southold dated August 16, 1988 as arbitrary and capricious and an abuse of discretion and granting petitioner such other and further relief as is just and proper. Petitioner designates Suffolk County as the place of trial. Dated: Mattituck, NY Wickham, Wickham & Bressler, P.C. September 14, 1988 Attorneys for Petitioner Main Road, P.O. Box ,1424 To: Planning Board of the Mattituck, NY 11952 Town of Southold (516) 298-8353 ' Town Hall, 53095 Main Road w, P.O. Box 1179 s Southold, New York 11971 JUDITH T.TERRY �� '' TELEPHONE TOWN CLERK (516) 765.1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: JAMES A. SCHONDEBARE, TOWN ATTORNEY FROM: JUDITH T. TERRY, TOWN CLERK RE: CLAIM OF MULLEN MOTORS, INC. E RICHARD F. MULLEN, JR. DATE: SEPTEMBER 15, 1988 Transmitted herewith please find notice of petition, verified petition, and request for judicial intervention, and other relevant correspondence regarding the claim of Mullen Motors, Inc. and Richard F. Mullen, Jr.,', for a judgement pursuant to Article 78 of the Civil Practice Law and Rules, against the Planning Board of the Town of Southold. Please review and advise to whom copies of this claim should be referred to. Thank you. 0-0 h -s [ .EW ',6A o A-4 ' Iw SUPREME COURT:STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------X MULLEN MOTORS, INC. , and RICHARD F. MULLEN, JR. Petitioner VERIFIED PETITION -against- INDEX # gg- PLANNING BOARD OF THE TOWN OF SOUTHOLD, Respondent ---------------------------------------X Petitioners, Mullen Motors, Inc. and ',Richard F. Mullen, Jr. by their attorneys, Wickham, Wickham & Bressler, P.C. respectfully show to this Court and allege: I. Petitioner Mullen Motors, Inc, is a Now York corporation with principal place of business at Main Road, Southold, NY and the tenant of the premises desjcribed herein. Petitioner is in the business of selling and servicing automobiles. 2. Petitioner Richard F. Mullen, Jr. is a resident of the Town of Southold, County of Suffolk, NY and the owner of the premises described herein. 3 . Respondent Planning Board of the Town of Southold is a planning board organized and existing by virtue of Section 271 of the New York State Town Law. x, i a . in or about April 1987 pet tions applied for building permit to construct an addition to the automobile showroom and repair shop located on petitioners premises at Main Road, Southold, NY, more particularly described as SCTM #1000-62-3-10.3, 11, 20. 5. In or about June, 1987 pursuant to Southold Town building department instruction an application was made to Respondent for site plan approval of the proposed addition as required by law. 6. The application has been pending before the Respondent since on or about June, 1987 with no final approval given. 7. on August 15, 1988 Respondent by resolution determined that certain conditions be satisfies prior to final approval of the site plan. A-copy of this letter is annexed as Exhibit A. 8. The conditions set forth in the resolution of August 15, 1988 are arbitrary and capricious and an abuse of discretion in that: (a) Condition #1 requiring the grassed area to extend to the westerly property line would result in the as w Prapwfy loss of approximately six parking spaces �avc'. „y immediately adjacent to the West of the automobile © S �sc�- issue showroom. Not only are these pre-existing parking. spaces the most convenient for customers, butthe Q Z�Co+alitt ' loss of parking spaces at a time of expansion of ►'" the showroom and business area is completely O ti o foe os 's 9 .00 fn Weuu c. q irrational. The expansion of the showroom was necessitated in part by the approval of Mullen Motors, Inc. to receive from Chrysler Corp. a Jeep/Eagle franchise. .The added showroom space and resulting customer activity clearly mandates at the very least retention of existing parking. A copy of the proposed site plan is annexed as Exhibit B. (b) Conditions # 2 and #3 are arbitrary and capricious and contrary to law in that the sidewalk, curb, CO1 "r�1 +014.W? and grassed area between the sidewalk and curb are sa'W le will - required to be constructed on property not owned puld�lA (, S4wr.h_ rorty E t 0 , by petitioners. The proposed site plan clearly (fi-Vwd- k4:,t- Qqq:�&fl shows these items to be beyond the petitioner's K� L -- lot boundary lines. Respondent may not as a condition of site plan approval require improvements to property not owned by petitioners. (c) Condition #4 is arbitrary and capricious in that Q�Qyuuul�ovJ Si+ the planting of trees in front of the large showroom windows would defeat the purpose of ik of wi OW-5 constructing a large glass-front showroom for Theta.p yL �-- p/ S automobiles. Since siting of trees is within the discretion of the Town Engineer within', the 4--- A4- � , confines of the Town Law, the resolution of the gyp, a Planning Board could result in almost Complete ' obstruction of the showroom aVea. Such a result >> ;T +( -e.�ov` S Ge is arbitrary and capricious. 4n.�fcd t it`' Q D eem_ oao a, as P takvL. :i (d) The resolution as a whole is arbitrary and capricious in that upon intoe ton and belief no findings or conclusions were=,made on the record yi with respect respect to such violation. Petitioners have no other adequate remedy at law available for the relief sought and no prior application, for the relief sought herein .has been made. WHEREFORE, petitioners respectfully request that a judgment be entered pursuant to Article 78 of the Civil Practice Law and Rules in favor of Petitioners and against Respondent vacating and annulling the decision of Respondent contained in the resolution of August 15, 1988 with respect to conditions 1 through ,4 contained therein together with such other and further relief as is just and proper. Wickham, Wickham & Bressler, P.C. Atttserneys for Petitioner Main Road, P.O. Box 3424 Mattituck, NY 11952 (516) 298-8353 Y, �0c�1EF Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 . � TELEPHONE (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 John Bertani 1380 Oakwood Drive Southold, NY 11971 RE: Mullen Motors' Dear Mr. Bertani: SCTM #1000-62-3'10.3,11,20 The following action was taken by the Southold Town Planning Board on Monday, August 15, 1988. RESOLVED that the Southold Town Planning Board sot forth the following conditions to be satisfied before the final ',approval is granted: line. 1. The grassed area shall extend to the westerly property 2, the sidewalk which is shown as being 3 ' wide, but is scaled at 5 ' shall be constructed at the 3 ' width. 3. The grassed area between the sidewalk and the ourb is shown as being 2 ' in depth. It shall be constructed so as to extend from the edge of the sidewalk to thcurb, which is to be installed as per NYSDOT standards and specifications. 4• The street trees shall be •planted in accordance with the provisions of Section A108-41 of the Highway Specifactions. 5• Any exterior lighting that may be added to the facade of th eaddition or to the existing structure in order to illuminate the facade of the addition shall be shielded so as not to throw light beyond the property boundaries. If you have any questions, please do not hesitate to contact this office. Ver my yours, BENNETT ORLOWSRI,JR. CHAIRMAN it :t ID r reuci ; L , f rt w i r� t �) REIJKSEn AS Per[- PLWPIV44 PAOARDRE2VlEuJ i rt .4j.LLE K-1 M UTa7g 5 ITS Cl A LAW I CHITECTSA ENGUKMS '' ± • M �I1 - 0BROA13WAY • �I!�+I11 � Nil 4 n, ' Ll C 1 I 3 TJ j ui Ll.I osnt I&L. -46 4r7"454 W A4 V YA\JBO L-491 10.3. .. 1ULL61f fsbet ..t;tr . Q MJ(LOU 1 Sd L { -A"o ` , (moo c144 s' 6+r.! 41- Cu4To GX;ti� " titst.ES �.S�kJIc.�E �iLLK4 X10, 3 C04TomeP. � AV-10 �d � a taw ADDIT► CD1-{ JT4,A �Re - Is�rIL ( 14]9R� AICS ( Ell-I 1 046 ', • r V ►lL06k 'jj C 1- I� , Lo'� 20 i Lir L MULLed Kra( L' 4 bI He µ�19raa i co U" Gu�.ToMq� Li-4e 4(4 ,a y C"'sMWg 4'"W '"A TtL1LG H 6 M14LL6t1 — NSW cow . I. � 0 kilt i Rop� SITE f" LAi� MULL,Latj M070RS SI- F, co"J4, �STS of i.OT 321x,$ L G -T -.o Ai L LO j h L:A14-r A S d; Naw ►J �xGEP j FDP. n ± P �V 'I'. �7 !7 1� /r , i / _ c� 0 r.:-I rt 1 � _ 0 1 La � aPL'' No .r � •r o r s 4c'f r oda ,. r STM E OF YEW YORK.( ar1, 11' r tt 1, the undersigned, an attorney adtruticd to practice in the courts of New York State, 8 0 eemne — certify that the wnhm °ra,aa,.' has teen compared by me with the original and found to be a true and complete copy. Mian stale that 1 am n the attorney(s)of record for in the within action; I have read the foregoing and know the contents thereof;the same is true to my own knowledge,except as to the matters therein stated to be alleged on information and belief,and as to those matters I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statements are true, under the penalties of perjury. Dated: _.. ........................_ .,,,mu. TM norm� m0 must M ............. STATE OF NEW YORK,COUNTY OF 'p p"nts°h^^�� .:i►FFO:.K ss.: ' I' Richard Fv Yu i n beingy $ ❑ Individual in the within action;I have read the foregoingoral,sa : I am verification s and know the contents thereof;the same is true to my own knowledge,except as to y' vc°i,onate the do the matters therein stated to be alleged on information and belief,and as to those matters I believe it to be true. a Qua-President of Mullen trutorul. Ince ¥ New York corporation n a party in the within action; I have read the foregoing except as to theamatte s therein stated t and b alleged upon nformationand andthe belief,and as to those matters I believe it to be true.This verification is made by me because the above party is a corporation and I am an officer thereof. The grounds of my belief as to all matters.not stated upon my own knowledge are as follows: Hooks and records of the corporation. Sworn to before me on S��-/9 19 W �( �/1_ , J A�-AAL--/J� /` ---- kLTQM1nteQme�tllpTnegimusit iMlprintedMn heeu• Richard F. fuliou, III STATE OF NEW YORK,COUNT 1 3S^ (If both bora mchoked—irydicate Baer oma,type of reniee dad.) of age and reside at 0111 011 �* being sworn,say: I am not a party to the action, am over 18 years On g•1 19 I served the within servile• by depositing a true co thereof in a post-paid wrapper, in an official depository under the exclusive care and By Mad custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: S [� P—onel by delivering a true co thereof personally to each person named below at the address indicated. I knew each �a o..1 person served to be the person metioned and described in said papers as a party therein: u s:.t s' Sworn to befob� me on 19 ................... The nem elgned mWt W pnnM Mm.m Index No. Year I9 r:-Please take notice that the within is a(certified) le copy of a dy entered in the office of the clerk of the within ti :med court on 19 ' aced, tAf6LE11 F�TGiASr, -loo. Yours,etc., jacuu'1. 2tU.UNip Jx. ICKHAM, WICKHAM 8t BRESSLER,P.C. rrorneysfor YaliL105at¢ t` S s ice and Post Office Address �tRafIIat� MAIN ROAD,P.O.Box 1424 stwrnnscK,tuw voNK 11952 R AMING DOW 07 Ut TM yr S �` tt Y Xaspandent S Q S O :."4 a *y•1: ' � 4 uOrney(s)for u:-Please take notice that an order I\ f which the within is a true copy will be presented ,r settlement to the Hon. i , WICKHAM.WICKHAM&BRESSLER,P.C. Attorneysfor l ne of the judges of the within named Court, at Ojx and Post pee Address, Telephone MAIN ROAD,P.O.Box 1424 _ / \\p^1y�/'I"/I✓�' n - 19 MATrITU .NEW YORK 11952 t M. (516129"353 (� l )ated, Yours.etc., U ll(' HAM, WICKHAM&BRESSLER,P.C. To UUU f� ui .for Attomey(s)for Q(Jke and Post cipoe Address MAIN ROAD,P.O.BOX 1424 service of a copy of the within MATiTTUM New YORK t 1 oat - is hereby admitted. Dated, ............................... 'torney(s)to, Attorney(s)for -kS`-'eso (rev. Aug. 86) for Clerk Only 18DGt)i/T YM ILIAL INYiRYBWlIN SUPREME (COUNTY) COURTS SUFFOLK COUNTY Index No. Date Purchased IAS Entry Date FI1LL TITLE OF ACTION MULLEN MOTORS, INC. Now of Assigned and RICHARD F. MULLEN, Jr. Judge Petitioner against PLANNING BOARD OF THE TOWN OF SOUTHOLD, Date of Assignment Resnnndanr Issue joined (date ) (check it applicable) Hill of particulars served (check if applicable) -----------------------------»--»-»-»-----»---------»------------*--------------»» NATURE OF JUDICIAL INTERVENTION (check) Request for preliminary conference Note of issue and/or certificate of readiness Notice of. motion (return date ) Relief sought Order to show cause (return date ) Relief sought ( to be completed by Clerk ) _ Other " parte application V ate de isi n of Y NOCICO of petition (return date October 14. 1QJ8 Relief sought Ffinnine oar Notice of medical or dental malpractice action (specify which _) Statement of net worth Writ of habeas corpus Other (specify ) --------------------------------------------------- W. ----------«•• NATURE or ACTION OR PROCElDI)IG (ohsek) TORT 8PlCIAL PRDCEE 2= Motor vehicle _ Tax certiorari Medical or dental malpractice . _ Condemnation (specify which ) _ Foreclosure Seaman Incompetency or conservatorship Airline ` Other special procsedift* Other tort, including but not limited Including but not lioted to �y to personal injury, property damage, Article 75 (arbitration) , slander or libel Article 77 (express trusts) , (specify) Article 78 zonin���� OTHER ACTION (specify) Matrimonial (Contested) _ Contract x� Matrimonial (uncontested) _ Other (specify) ----•-- -------------•------ ---- --- ----•�»»-----•- ---•---•----•.» In the City of New York onlys 'n� _ The City of Now York is a party to this action. _ The Transit:Authority (or MASSTOA) is a party to alis action. i awe 1►ddssts , iCKHAM, WICKHAM & P. 0. Box 1424 516-298-8353 aSSLER, P.C. Mattituck, N.Y. 11952 i � Addaress ae „� ..uasoeE Gtslbi of aplicabls and available) 'FLA CASFs,_tif none, wilts 'fIGNE" belch) Natats of telatsb itle index 1 court Asirm �11C plMt� ,:jow aw -HERE ARE AND HAVE it," 110 m in 'IBIS he"= OR INTERVtmim PREVIOUSLY stm Dated:` 9/14/88 A WICIUfAM. & BRSSSLER, P.C. P t P.O. Box 1424, Mattituck, New York 11952 a IN mam Attaeb sides sMKs if 0040094my to provift sgeivA ieftrowum. A Miert' aA abba�sr�ui r tM '� ' It any patty is apf++atis4:, in t1Ys *tow" # • commrsum such petty is W Town Hall, 53095 Main Road P.O. Box 1179 O Southold,New York 11971 TELEPHONE (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 John Bertani 1380 Oakwood Drive Southold, NY 11971 RE: Mullen Motors` SCTM #1000-62- 3-10. 3,11,20 Dear Mr. Bertani: The following action was taken by the Southold Town Planning Board on Monday, August 15, 1988. RESOLVED that the Southold Town Planning Board pet forth the following conditions to be satisfied before the fina',l approval is granted: line. 1. The grassed area shall extend to the westerly property 2. the sidewalk which is shown as being 3 ' wide, but is scaled at 5 ' shall be constructed at the 3 ' width. 3. The grassed area between the sidewalk and the curb is shown as being 2' in depth. It shall be constructed so as to extend from the edge of the sidewalk to the curb, which is to be installed as per NYSDOT standards and specifications, 4. The street trees shall be planted in accorda ce with the provisions of Section A108-41 of the Highway Specifa tions. 5. Any exterior lighting that may be added to the facade of th eaddition or to the existing structure in order to illuminate the facade of the addition shall be shielded so as not to throw light beyond the property boundaries. - 4�. m If you have any questions, ple&Ae do not hesitate to contact this office. ve my yours, -Y.rf/�td� cY BHWETwr ORI.ON6SKI,JR. CHAIR1�fAN Jt �FFOLk P D T , < D S Y Southold, N.Y. 11971 (516) 765-1938 January 25, 1988 Mr. John Bertani 1380 Oakwood Drive Southold, NY 11971 Re: Mullen Motors Site Plan Dear Mr. Bertani: The following action was taken by the Southold Town Planning Board at the regular meeting of Monday, January 11, 1988. RESOLVED that the Southold Town Planning Board approve the site plan of Mullen Motors to construct an addition on the existing building to be used for a showroom located at Main Road, Southold, subject to sidewalk and curbing and reviewed by the Town and the State. If you have any questions, please don't hesitate to contact our office. Very truly yours, BLrK,AJ± is) ( .QD BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ,�1FF0L,� P T D S G .;.•� � Y Southold. N.Y. 11971 (516) 765-1938 January 7, 1988 Mr. John Bertani 1380 Oakwood Drive Southold, NY 11971 Re: Mullen Motors Site Plan Dear Mr. Bertani: The following action was taken by the Southold Town Planning Board, Monday, December 14, 1987. RESOLVED that the Southold Town Planning Board refer the site plan for Mullen Motors for construction of an addition on an existing car sales showroom located at Southold to the Building Department for certification. A variance and special exception was received from the Board of Zoning Appeals. Survey revised as per Planning Board review and dated June 15, 1987, received December 14, 1987. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD __, �. � � �� a!�e;cA. ..r� � . - IV�L µ 3. _. __ . _ . _. _ _ 04 P T D SL Y Southold, N.Y. 11971 (516) 765-1938 TO: Gerry Goehringer, Chairman, Board of Appeals FROM: Southold Town Planning Board Q-'P't� DATE: October 9, 1987 rf " RE: Mullen Motors Showroom Addition ::Proposal at East Side of Cottage Place, Southold In response to your memorandum of September 30, regarding the above mentioned site plan, the Planning Board has reviewed the matter and offers the following comments: The curb cut and driveway to the front-overhead door from the MainRoad should be clearly defined on the site. The parking spaces alongside the building on the east side of Cottage Place are probably adequate for the customer parking. The front yard area (around the proposed addition) should be landscaped with plantings. Parking should not be allowed between the addition.[and the driveway to the front overhead door. nt Ln . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI INTER-DEPARTMENTAL MEMORANDUM TO: Mrs . Valerie Scopaz , Town Planner Southold Town Plannevj Board _ FROM: Board of Appeals DATE : September 30 , 1987 SUBJECT :Mullen Motors Showroom Addition Proposal at the East Side of Cottage Place , Southold Your Memorandum dated August 30 , 1987 In reviewing the above proposal filed with our office on September 18 , 1987 , it is noted that there appears to be a deletion of some of the parking spaces in the front yard presently used by customers for the proposed showroom expansion . We request your Department ' s evaluation of these site-plan elements at this time , particularly the parking areas and egress/ingress . The public hearing on this matter is expected for our latter October Meeting , and the advertising deadline is Monday , October 19th . Thank you for your assistance in this matter. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 7651809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS . JOSEPH H. SAWICKI September 30 , 1987 M.• . John Bertani , Builder 1380 Oakwood Drive 59uthold , NY 11971 Re : Appl . Nos. 3674 and 3675 - Mullen Motors Dear John : This letter will.;,acknowledge receipt of your recent application before the Board of Appeals. The Board Members will be conducting reviews as required by State and local laws prior to advertising this matter for a public hearing . At this point in time , the Planning Board is expected to furnish a report evaluating the parking and egress / ingress areas which may or may not be affected by this project . We have asked that they submit their written comments no later than Monday , October 19th , in order that we may advertise this matter for a hearing shortly thereafter . A copy of the Legal Notice as published by our office in the Long Island Traveler-Watchman and Suffolk Times will be sent to you on or about October 20th as confirmation of the hearing date. Please feel free to call at any time if you have questions . Yours very truly , GERARD P. GOEHRINGER CH I RMAN cc : Planning Board `'B ' inda Kowals y L Kowalski • � CLr1 SMITH, NNHELSTEIN, LUNDBERG, ISLER AND YAKADOSKI SEP - ATTORNEYS AND COUNSELORS AT LAW 436 GRIFFING AVENUE,CORNER OF LINCOLN STREET P. O. BOX 389 HOWARD M.FINKELSTEIN PIERRE O.LUNDBERG RIVERHEAD, N.Y. 11901 FRANCIS J.YAKABOSKI FRANK A.ISLES (61G) 727-4100 REGINALD C.SMITH SUSAN POST ROGERS 1926-1980 August 31 , 1987 Victor Lessard, Building Inspector Town of Southold Town Hall Main Road Southold, New York 11971 Re: Dinizio and Mullen Motors Dear Victor: My correspondence is a bit behind, I wish to confirm that in connection with the matter of Diniz_io that the accessory structure will require a special exception hearing if it is sought as an expansion of the existing special exception and will most certainly require at least a variance for side and rear yard purposes . In connection with Mullen Motors. Again confirming our (hearing everal conversations and those with the Town Planner it is n my opinion that the structure on the Mullen Motors roperty may not be added to without a special exception and if there is to be expansion in the direction of he main highway thereby reducing the front yard, the pecial exception hearing will have to address a variance equest also to permit a reduced front yard. Very truly yours, L FRANCT J. Y KA OSKI FJY:knm MULLEN MOTORS ADDITION TO SHOW ROOM: June 18, 1987: Site plan for addition to existing showroom wassubmitted to Planning Board July 2, 1987f correspondence from Valerie Scopaz, Town Planner requesting eleva,#ion drawings and drainage calculations. July 10, 1987: drainagecalculations and elevation drawings submitted. July 17, 1987 : drainage calculations referred to Sidney Bowne and Son, Engineers, for review. July 24, 1987: Valerie Scopaz discussed proposal with Planning Board at work session. August 10, 1987: Valerie Scopaz and Diane Schultze met with Robert Brown::with regard to a status of reviews by the Effgineers. Mr. Brown stated that they had reviewed Mullen Motors site plan and appeared to be a problem with,hher:front yard set back. August 17, 1987: Received written response from R. Brown as he noted above. He stated that application will require a variance for::-.insufficient front yard set back. August 20, 1987 : Letter from Valerie Scopaz to the applicant advising as per Brown' s correspondence noted above. • • 4b c,UFFO(!( P ( D T LD S y Southold, N.Y. 11971 (516) 765-1938 ao August W, 1987 GLS Mr. John Bertani Builder Colonial Road Southold, NY 11971 Re: Mullen Motors site plan SCTM# 1000-62-3-10. 3; 62-3-11; and 62-3-20 Dear Mr. Bertani: It has been brought to our attention that before the Planning Board can consider site plan approval for the showroom addition on the Main Road, that you will have to first obtain a variance from the Board of Appeals to further reduce the currently non-comforming front yard set back. It issuggested that you contact the Building Department to obtain the necessary papers for filing such request with the Board of Appeals. The Planning Board will not continue to process this application unless you obtain this variance. Sincerely yours, Valerie Sco a Town Planner Cc: Victor Lessard, Executive Administrator Linda Kowalski, Board of Appeals Secretary SIDNEY a BOWNE a SON Sidney B.Bowne,P.E.,L.S. (� F Roland Ands.(192&1968) oD Roger L Cocchi Chester CKea W.My.P.E.,L.S. Alexandra W. 46 Manor Road Francis J.Lynch MKCII,P.E. Philip Schlotahauer Robert A.Stanton,P.E. Smithtown, N.Y. 11787 Joseph F.Stegman Robert W. Brown,.L.S. Paul F.Stevens Zabdiel A.Blackman,P.E., L.S. (616) 724-0611 - WilliamF. T. ens — pp tyne RECEIVEb BppYppp pp Richard B.Weher George A. ors,,P.E. $UOTHUb luY. fLleii r�;iU 1rU�Rl7 Jerry D.Almom,P.E. George L.Fagan,Jr.,Ph.D.,P.E. Frank Capoblanco,C.E. Thomas R.Pynchon,L.S. tl DAT IJUU August 14, 1987 Mr. Bennet Orlowski , Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Site Plan for Addition to Mullen Motors Town of Southold, N.Y. (SBB NO. 87142) Gentlemen: We have reviewed the above referenced site plan and we note that the new addition will result in a front setback of 15+ feet where the code requires 35 feet minimum. This proposal should be rejected as a code violation and forwarded to the Zoning Board of Appeals, if you see fit. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS Gttl�� VINCENT VM:clg xc: Ray Jacobs, Supt, of Hwys. Ray Dean (SBB) V. Lessard, Exec. Admin. Bldg. Dept. MINEOLA a SMITHTOWN a NEW YORK CITY a CLEARWATER An Equal Opportunity Employer WF/11 P r,�FFoil(r D T LD S Y Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son - Hauppague, NY 11787 Dear Mr. Brown: a – Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Applicat subdivision, minor subdivision, site pl Hamlety� �C MATERIAL SUBMITTED: File # Suffolk County Tax Map No. Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site—plan�� Final Map Other Dra'.na�p cts�c��ak c.uc Comments: ry truly yourrss,�/w,��`*���`I�� 3 BENNETT ORLOWSKI, JR. ,CHAIRMAA SOUTHOLD TOWN PLANNING BOARD JOHN BERTANI BUILDER INC. 1380 OADWOOD DRIVE SOUTHOLD' NY 11971 JULY 7, 1987 Ms, Valerie Scopaz Town Planner Town of Southold Main Road Southold, N. Y" 11971 Re: Mullen Motors Dear Ms" ScoPaz: As per vour request for additional information regarding the above addition to Mullen Motors enclosed l egar n9 , please find the elevation drawings for the addition to the existing building. The front area will be used for parking purposes. The addition will accomodate new cars" � The drainage calculations are as follows: ' 29 x 18 x . 167 = 87. 174 cu. ft, 87" 174 : 42^ 25 = 2. 06 vertical ft use 1 - 4 x R ring = 169 cu. ft. Thank you. Sincerely ,Cj , t � ~~~^ ` sot John A. Bertani President JAG: lb Enc. MAVII_-- ~ m A AM JOHN BERTANI BUILDER INC. 1380 OADWOOD DRIVE SOUTHOLD, NY 11971 JULY 7, 1987 Ms. Valerie Scopaz Town Planner Town of Southold Main Road Southold, N. Y. 11971 Re: Mullen Motors Dear Ms. Scopaz : As per your request for additional information regarding the above addition to Mullen Motors, enclosed please find the elevation drawings for the addition to the existing building. The front area will be used for Parking purposes. The addition will accomodate new cars.. The drainage calculations are as follows: 29 x 18 r . 167 = 87. 174 cu. ft. 87. 174 . 42. 25 = 2. 06 vertical it use 1 - 4 x 8 ring =' 169 cu. ft . Than[: You. Sincerely , John A. Bertani President JAB: lb Enc. 11� RECEIVED BY L861 p r inr JE 5416-4(91841 PROJECT I.D.NUMBER a r s NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only )JUN 3 1987 PART 1 Project information(To be completed by Applicant or Project sponsor) IY 2. Project 1. ADDl�ntfsponsor ,ltrXll 3. Prolett location: County Municipality O 4. Is roposed action: ❑ New Expans on ❑ Modificationfalterstion S. Describe project briefly 1z) ex i, 4in� �h�wroorr.J 6. Precise location(road intersections,prominent landmarks,etc.or provide map) 7. Amount of land affected: acres Initially acres Ultimately �-- 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes El—No If No.describe briefly 9. What is present land use in vicinity of projects El Parkland/open space ❑ Other -- �� ❑ Residential ❑ Industrial LTJ/Commercial ❑ Agriculture Describe: ». 10. Does action involve a p itfapproval,or funding.now qr ultimately,from any other governmental agency(Federal,state or local), ❑ Yes N If yes.list agency(s)and permit/approvals 11. Does any aspectof tie action have a currently valid permit or approval? El Yes a No If yes,list agency name and permit/approval type 12. As result of propospeaction will existing permiVapproval require modification, ❑ Yes o - - 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE �7 ApplicanUsponsor ndme: J ohs fLc (ll I Q Date: ! 7 Signature: C.A. 0/11 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 rhulltN � . ate: j' REQUIREMENTS FOR SITE PLAN. ELEMENTS & CERTIFICATION SECTION-BLOCK-LOT TAX MAP NUMBERS NAME_ & ADDRESS OF OWNER OF RECORD k NAME & ADDRESS OF PERSON PREPARING MAP 11 �r '' DATE, NORTH POINT AND WRITTEN & GRAPHIC SCALE \� (!, DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES V LOCATIONS,_ NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS 11 LOCATION &_OWNERS OF ALL ADJOINING LANDS, AS SHOWN ON TAX RECORDS " ' LOCATION_ & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS \v ( COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY EXISTING ZONING AREAS SUBJECT TO FLOODING OR STORM WATER OVERFLOWS — III', WATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE NNt lIANY BUILDING WITHIN 100 ' OF PROPERTY PAVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS EXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY \� FENCING LANDSCAPING AND SCREENING \v PROPOSED BUILDINGS OR STRUCTURAL IMPROVEMENTS N I OFF STREET PARKING AND LOADING AREAS ' OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS OUTDOOR SIGNS mer t.vDie.w��n 239K SIDEWALKS LOCATIONS WIDTHS: SIZE OF WATER AND SEWER LINES . 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