HomeMy WebLinkAbout1000-62.-3-20 & 22.1 ( N. Y. $. Rte£~ ) o~ ~ ~"~
MAIN ROAD ~d¢--Z - ~ ut,~N 85.3roo' E
MULLEN REAL TY j .. '. ' ~ , ' /~ 2 ~ ~ ; ~ .P/O ~000-62-03-221
~ 39 CARS (EXISTING) ~ 18,271sq. ft. -
' ~'1 ' ' PARCEL
~ ~ '' -' ~ ',' ~ RWM' ENTERPRISES, INC,
~ ~ cO,C. ',:~ . ~' 1000 ' 62 - 03 - 22.1 4o.4'
LOT COVERAGE (EX/STING)
LOT# LOT AREA BUILDING SO. FT. COVERAGE
/9 17430 sq./t. 0 sq. ft. . .... O~
20' 18271 sq. fl. 90'50 Fq. fl. 4.9.5%
22.1 29806 sq. fl. 6397 sq. ft. 2/.5%
24./ 54595 sq. ll. 55 sq. fE-'-- ~
P/O 22.1 44152 10903 sq.#. . 25~%
LOT, ".OVERAGE
LOT AREA
4415~ sq. ll.
21555 sq. fL
24595 sq. lh
LOT#
PARCEL
19~20 &
fp¢oPosEp)
BUILDING SQ. FT. COVERAGE
14,287 sq. ft. I
4556 sq. ft. [_ ~1%
55 sq. ff. }~0.~%
PARCEL 'II P/O B~.~
PARCEL III ~4.1
200.'~ SUBJECT TAX MAPS AFTER LOT LINE CHANGF
N/O/F
).00'
AKSTEN
64¢'~ sq. ft. , . '~ ,' ~ . I STY. F~.
,, ,r .* / ~ pR'
~ :,i , p 0 51 , , ~.~ ~l~ ' '
,,,',, ;"?, ,,, _: ~ 6~,: Bp ,~ , '
~ ~ o~S
~ ~EALTY LP 81- SP~ "sq.~t'
~uLLEN
/ONING r~l,c TRiF r B
OWNER5 000 62 - OZ 19 ~ 20
MULLEN REAL 7 Y LP
~.0. BO), '408
$QUTHOLD, N.Y 11971
,~REA = :~5,?01 sq. fl
OWNERS I000 -62 - 03 22.1 ~ 2~.1
RWM ENTERPRISES
P. O0 BOX ¢4
%OUTHOLD, N.Y 11971
'~REA = 54,401 sq.l/
¢ARCEL '000 62-03-19,20, P/O / ,
AREA 44/52
PARCEL fi '000-62-0~- P/O
2/,355
'°AR("~I U LH)O 62~03-24.1
~REA= 24~595 sq, H
SUR VE Y FOR
L 0 T LINE CHANGE
MULLEN MO TORS IN~
A T $OUTHOLD
TO WN OF SOUTHOLD
S'UFFOLK COUNTY N Y
Scale 1" - 20~
lune 9. 2004
/uly 30, 2004 (additions)
Feb 2 2005 (revisions)
APPROVED
PLAN[',
TOWN OF
u,~ JUN 15
ANY AL TERA T/ON OR ADDITION TO THIS SURVEY IS A VIOLA 770N
LOT ?~ 19 17,430 s~,fl.
LOT # ~0 1B~271 ~q, ff,
PARI OF LOT 22.1 8451
JUN - 7 2005
iGg.6
( 6g.9, 0660
sZ. oZESN¥
jANiC'E J'
" /om
PF?OPOSE£ ADO/T/ON
TO TAt AREA
90, 102 sq ft.
LIC. NO. 49618
~ 31) 765 - 1797
123~) TI ~ REET
SOUTHOLD~ NZ7. 11971
MAILING ADDRESS:
'r PLANNING BOARD MEMBE&a'I ��F SO(/jy P.O. Box 1179
JERILYN B.WOODHOUSE �QV' ��� Southold,NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L.EDWARDS �� 54375 State Route 25
MARTIN H.SIDOR Oly (cor.Main Rd. &Youngs Ave.)
GEORGE D.SOLOMON CQUIY I,i� Southold, NY
Telephone: 631765-1938
Fax: 631765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 10, 2005
Richard Lark, Esq.
Lark and Folts
P.O. Box 973
Cutchogue, NY 11935
Re: Proposed Lot Line Change for Mullen Motors
Located on the s/w corner of NYS Route 25 and Locust Avenue, approximately 330'
w/o Town Harbor Lane, in Southold
SCTM#1000-6X3-19, 20, 22.1 & 24.1 Zone: B, General Business District
Dear Mr. Lark:
The following resolution was adopted at a meeting of the Southold Town Planning
Board on Monday, May 9, 2005:
WHEREAS, this proposal is for a lot line change which will transfer 8,551 sq. ft. from
SCTM#1000-62-3-22.1 to SCTM#1000-62-3-20 and merge SCTM#1000-62-3-19 with
SCTM#1000-62-3-20; and
WHEREAS, following the transfer and merger, SCTM#1000-62-3-22.1 will equal 21,355
sq. ft. and SCTM#1000-62-3-20 will equal 44,152 sq. ft; 'and
WHEREAS, the Southold Town Planning Board, acting under the State Environmental
Quality Review Act, made a determination of non-significance and granted a Negative
Declaration on January 10, 2005 for the proposed action; and
WHEREAS, the Southold Town Planning Board waived the public hearing for this
project on January 10, 2005; and
WHEREAS, the Southold Town Planning Board issued conditional final approval on
January 10, 2005, upon the map prepared by Peconic Surveyors, PC, dated June 9,
2004 and last revised July 30, 2004; and
WHEREAS, the applicant has submitted a revised map and copies of the recorded deed
in accordance with the conditions of conditional final approval; be it therefore
Mullen Motors - Paqe Two - 5/10/05
RESOLVED, that the Southold Town Planning Board grant final approval upon the map
prepared by Peconic Surveyors, PC, dated June 9, 2004 and last revised February 2,
2005, and authorize the Chairperson to endorse the final surveys.
Enclosed please find a copy of the map that was endorsed by the Chairperson. Please
contact this office if you have any questions regarding the above.
Very truly yours,
/_/Jerilyn B. Woodhouse
Chairperson
encl.
cc: Tax Assessors
Building Dept.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-~938
Fax: 631 765-3136
Januaw 11,2005
Richard Lark, Esq.
Lark and Folts
28785 State Route 25
Cutchogue, NY 11935
Re:
Proposed Lot Line Change for Mullen Motors, Inc.
Located on the south side of SR 25 and the east side of Cottage Place in
Southold
SCTM#1000-62-3-19, 20, 22.1 & 24.1 Zoning District: B
Dear Mr. Lark:
The Southold Town Planning Board, at a meeting held on Monday, January 10, 2005,
adopted the following resolutions:
WHEREAS, this proposal is for a lot line change which will transfer 8,551 sq. ft. from
SCTM#1000-62-3-22.1 to SCTM#1000-62-3-20 and merge SCTM#1000-62-3-19 with
SCTM#1000-62-3-20; and
WHEREAS, following the transfer and merger, SCTM#1000-62-3-22.1 will equal 21,255
sq. ft. and SCTM#1000-62-3-20 will equal 44,252 sq. ft; and
WHEREAS, the proposed action requires variances from the Zoning Board of Appeals
before the Planning Board is able to review the application and render a decision; and
WHEREAS, the Zoning Board of Appeals granted the requested variances pursuant to
their determination, dated November 4, 2004 (ZBA Ref. 5598 and 5599); and
WHEREAS, the applicant has requested a waiver of the public hearing in a letter to the
Planning Board, dated December 27, 2004; therefore
BE IT RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, does an uncoordinated review of this Unlisted
Action. The Planning Board establishes itself as lead agency, and as lead agency,
makes a determination of non-significance and grants a Negative Declaration; and be it
further
Mullen Motors - Paqe Two - 1/11/05
RESOLVED, that the subject parcels are under the same ownership and the Southold
Town Planning Board hereby waives the public hearing upon this application; and be it
further
RESOLVED, that the Southold Town Planning Board grant conditional final approval on
the survey, prepared by Peconic Surveyors, PC, dated June 9, 2004 and last revised
July 30, 2004, subject to the following conditions:
1. Submission of a revised map that shows the correct proposed lot areas to be
21,255 sq. ft. for Parcel il and 44,252 sq. ft. for Parcel I.
2. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to
the lot line change and, upon filing, submission of a copy to this office.
Enclosed please find a copy of the Negative Declaration for your records.
The conditions must be met and the final maps submitted to the Planning Board within
six (6) months of the resolution unless an extension of time is requested by the
applicant and granted by the Planning Board. UP0~i fulfillment of the conditions and
submission of the final maps, the Planning Board Will issue final approval and authorize
the Chairperson to endorse the final surveys.
Very truly yours,
~×Jerilyn B. Woodhouse
Chairperson
encl.
THIS LOT LINE CHANGE BETWEEN
IS LOCATED ON
IN. SCTM# 1000-
[ LOT LINE CHANGE
AND
Complete application received
Application reviewed at work session
Applicant advised of necessary revisions
Revised submission received
Lead Agency Coordination
SEQRA determination
Sent to County Planning Commission
Review of SCPC report
Draft Covenants and Restrictions received
Draft Covenants and Restrictions reviewed
Filed Covenants and Restrictions received
Final Public Hearing
Approval of Lot Line -with conditions
Endorsement of Lot Line
ms 1/1/90
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM g. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOVfN OF SOUTHOLD
Subdivision Application Form
Name of SubdMsion: Lot-line change for Mullen Motors, Inc.
Suffolk County Tax Map # 1000- 6 2- 3-20 and 22.1
Type of Subdivision: Mejo~ Mim>r 8et-Off Lot-Line
Cluster Subdivision:
No
Hamlet: Southold
Street Location: Main Road (N.Y.S. Rte. 25) and Cottage Place
Acreage: Parcel I -18,271 sq. ft.; Parcel II - 29,806 sq. ft.
Number of Lots:
Two existing tax lots
Zoning District: General Business District
Date: 8/13/04
Please list name, mailing address, and phone number for the people below:
Applicant: Mullen Realty, L.P. and RWM Enterprises, Inc.
P.O. Box 1408~ Southold~ NY 11971
(631) 765-3564
Agent handling the application:
(Contact Person)
Richard F. Lark, Esq. of Lark & Folts, Esqs.
P.O. Box 973~ Cutchogue~ NY 11935
(631) 734-6807
Mullen Realty, L.P. (Tax Lots 19 and 20)
P.O. Box 1408~ Southold, NY 11971
(631) 765-3564
Property Owner(s):
RWM Enterprises, Inc. (Tax Lots 22.1 and 24.1)
P.O. Box 1408, Southold, NY 11971
(631) 765-3564
Surveyor:
Peconic Surveyors, P.C.
P.O. Box 909, Southold, NY 11971
(631) 765-5020
Engineer: N/A
Attorney:
Richard F. Lark, Esq. of Lark & Folts, Esqs.
P.O. Box 973, Cutchogue, NY 11935
(63i) 734-6807
Other Agent(s):
Thomas McCarthy of McCarthy Management, Inc.
46520 Route 48, Southold, NY 11971
(631) 765-5815
Has this property had a previous application to the Planning Board?
Has this property previously received a SEQRA review?
Have you had any pre-submission conferences with the Planning Board?
Does this application have variances fi.om the Zoning Board of Appeals?
Appl. No. Date
Is this property adjacent to any bodies of water? -¥~s No
Are there any wetlands on the property? ¥~s No
Are there public water mains in an adjacent street? Yes No
Is public water proposed for the subdivision? Y-es No
Is the majority of the property forested? Y-es- No
Is any part of the property in active agricultural use? -¥ev No
Is there an existing or proposed sale of development rights on the property?
Is there a mortgage on the property? Yes
Does the owner own any adjacent properties? Yc~ No
Are there any building permits currently pending on this property?
MULLEN REALTY, L. P. ~k
Signature of Preparer
BYRi~hard F. Mullen, Jr., G
RWM ENTERPRISES, INC.
By ~L~'~x~,~ ~ Date
Richard F.'~Mullen, III, President
Yes ~
Yes
Yes ~
Yes No
(See attached sheet)
Yes No
Tax Lots 22.1 & 24.1
No
Date 8/13/04
Partner
ATTACHMENT TO APPLICATION FOR LOT-LINE CHANGE FOR MULLEN MOTORS,
INC.
Appl.
252
679
743
1766
1767
3608
3634
3674
3675
4050
No.
(SPECIAL EXCEPTION)
SPECIAL EXCEPTION)
SPECIAL EXCEPTION)
VARIANCE)
SPECIAL EXCEPTION)
VARIANCE)
VARIANCE)
SPECIAL EXCEPTION)
VARIANCE)
VARIANCE)
(Copies are attached hereto)
Date
February 5, 1960
June 25, 1964
February 4, 1965
May 24, 1973
May 24, 1973
April 2, 1987
June 30, 1987
November 18, 1987
November 18, 1987
September 26, 1991
ACTION OF THE ZONRq~ BOARD OF APPEALS OF .TOWN OF SOUTHOLD ' ' '
w~ ~nsida~d a~ the o~n J.~cOt~ bel~ was ~ on ~ur
( ) ~,far,~e~:~'tO ack'of ~cce~s'to pr~ · ,
1. :=SPEdI^L'Ex~'PTION: i3~',~l~tian~ o~ t~e BOard it .w~ defermin~d that a ,specio! ex~ep.~n .....
paragraph ............... of the ~ning, Ordinance. and the c~ec:isJofi of the ~)
2. VA~I.~NCE. Dy resbluti~n of the
(a) Strict c~plicatlon o~'. ~h~
(b) 'The hardsh~ cre~ted {~s) (is hbt)
alike in the immediat& vicinity of this
(c) The variance (does){dces r~) ~s
change ~e character' 6f' the district becc
zrd ,it was determine~ that
(w~lc~) (would not) produce undue hardship bec4:use
r~ique and (woulcD (would not~ be shbred by all properties
,operry and in the some use district .b~cause
rve the spirit of the Ordinance and (would) (would not)
~nd tl~?efore, it was Turthe~. dete~in, I tha~ the requested vo~i~nce ( ) be gr~s~ted ( ) be denied
WN 'OF SOUTIIOLD, NEW YORK
ACTION OF TIII~ ZONING BO~IED 'OF APPEALS
Appeal No. 679 Dated June 10, ].964
ACT.~ON OF THeE ~N~ ~ OF APP~ OF THE TOW~ OF ~U~O~
Mullen Motor Sales
~ a~d & cot~e e~ace
~ou~o~d, ~ York
DATE June 25, 1964
Appellant
at a mecth, g ol the Zaning Board of Appeals on Thursday, Jt~le 95,
was considered and ~ zctlon Indicated below was taken on your
· , ) Request for variance due to lack of access to prope~fly
iX) Request for a specLa/ exception under the Zoning Oldinance
( ) l~quesl, for a variaz~ce to the Zo~h~g Ordh~ance
1964
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
g~ntad ( ) be denied pu~'zuant to Article .............................. Section ............................. Subsection ................ paragraph
....................... of t, he Zoning Ordinance, and the deci~len o£ the Dullding Inspector ( ) be ~eYer.%~d ( ) be
confirmed because
8,30 P.M. (B.D.S.T.), upon application o~ Richard F. Mullen,
Mullen Motor Sales, Main Road, and Cottage Place, Southold, New
York, for a special exception In accordance with the zonlng ordinance,
Article ltl, Section 400, Subsection 9, for permission to install
a new and used car lot. Location o£ property~ south west cornea
Main Road and Cottage Place, Southold, Hew York, bounded north by
Main Road, east by Cottage Place,. south by M. Aksten, west by
R. Swemeyo
e · t
2. VARIANCK By' resolution of the Board It was deterralned that
ia) Si,riot application of t~he Ordlnano~ (would) (would not)produce practical difficulties or unnec-
essary hardship because
ih) Tlae ~.ard~hip created (is) (is not) unique and (would) (woulcl not) be shaved by all properties
alike in the hnmediate vicinity of this prope,rty and In the same use district because
(c) Thf var.~anca (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the chsxac~r of the dist. rlct because
BBB RBVERSB
, /
detenniued tila~ /abe requested varia~me (.) ,be gran~i ~ ) be denied
and
therefore
It
further
was
and that the pr~wtous declslel~ of blue Building Ir~pectar ( ) ~be confirmed ( ) be reversed.
FORM ZB4
After inv~stigation and inspection the Board £~nds that
Mullen Motor Sales wishes to operate a new and used car .lot,
Due to an ~ncrease ~n business this lot is necessary for the
display of cars for sale, The Board £~nds that this car lot
~11 be clean and orderly, sl~e Mullen Motor Sales has a
separate Junk yard for wrecks.
The Board finds, that the public convenience and welfare and
Justice will be served and the legally established or ~tted
use of neig~rhood p~rty and adjoining use ~e~r~cto w~11 not
be ~nently or subs~t~ally injured and ~e spirit of ~e
Ordnance w~ll ~ ~se~ed,
Thege£ore, it was I~SOLV~D that Richard F. Mullen~ Mullen Motor
Sales, Main Road, and Cottage Place, Southold, He~' Yo~k, 'be'~rant~
pem~ssio~ to Install a new and used car lot on property located
south west co~ner Main Road end Cottage Place, subject to ~he
following conditions:
1. No major repa2~ work shall .be performed in the open.
2. No automobiles, or ~utomoblle parts, dismantled or damaged
vehicles and similar articles shall be stored, in the open and no
parking of M~hicles other than those being serviced shall be
pemltted,
'3. Signs to be in n~cordance with Article IV, Section 408,
o£ the Build~.q Zone Ordinance, of the Town of Southold,
....... of the Z~v. lng Ord~'mnce, a~d tile decision of f,h~. ]~ulldtn8 l~apectot ( ) t~ z,~eraed ( ) be
STATE OF NE',B/ ~ORK I '
Jmm,~ q~AA~ Imm mmmmm~ amd ~ ~ m4~mm~A&mbm~ ~mm pmmmA~
mbpm mm ~mh,e ~ ~ m~O~ mm of mufJm ~ m
oeo
Southold Town Board of Appeals -~- May 2~, 1973
TB~ CHAIR34AN: ~ of them are 750 sq. ft, Today's minimum
requirement is 850 sq. ft.
MRS. Z~EGLER: Thetis when you cons~r~ct, not when you ~e
selling an existing house. We have Multiple zoni~.
MR. BERGEN: YoU are doing away with that when you divide
it up into homes.
'f~ CHAIRMAN: I think we will have to investigate this
further with the Town Attorney. I think there is a point.
Pep~le who want to buy these~ want to buy them as double homes.
MR. ZIEGLER: One particular w~man who comes out every
s,,m~er wants to live in one and rent one. Brokers come to me
and say they can sell them. Tou %w~uld be tea~in~ out a full
kitchen, full bathroom~ heatin~ unit.., everything.
TH~ CHAIPJ~_N: A lot of things have changed. I will look
into it a~ain and we will meet a~ain in t~ weeks. I don't
know what we can do. I think we would be exceedi~ our authority
u~-less we have le~al advice.
MR. ZI~G~,~.R: I may lose a customer.
T~ C~_AIRMAN: Anyone who gets anything like this would
be getting something that is not permitted in the Town of
Southoldo We have never run into anything exactly like this
before andy apparently~ our To~nAttorney misunderstood our
presentation.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED THAT DEcISIoN on Appeal No. 1757 be postponed
to Thursday, June 7, 1973.
Vote of the Board: Ayes:- Messrs: Gillispie.~ Bergen, Hulse,
Grigonis.
application of Richard F. Mulle~'~'~, 1535 Mill Creek Drive West,
Southold, New ~ork~ for a v~ianoe in accordance ~h the Zoni~
Ord~n~ce~ ~iole III, Section 301 ~d the ~k Sohed~e~ for
pe~ssion to cdivide ~roperSy ~th less th~ red. red ~
~ca$ion of proPer~ ~est side ~ Road ~ north Side Ko~
Ro~ Southold~ ~ded north by ~in Ro~d~ eas~ by ~b~t Road;
south ~ Eo~ Road~. and west by M~len~ ~sten~ Zeb~s~, North
Fork ~a~ ~ ~st Oo.~ ~ton and Albers. Fee paid $1~.00.
' $outhold Tow~ ~ard ef Appeals -~-
May 24, 1973
The Chairman opened the he,ring by reading the application
for a variance, legal ~tice of hearing, affidavit attesting
to its publication in.the official newspapers, and notice to
the applicant.
'i'~ CHAIRMAN: The application is acoompam~ted by a s~ey
indicating that the two proposed lo~s to be created on Hobart
Road would be 21,62~.sq. ft. and 22,435 sq. ft.~ either of which
is larger than the majority of the surrounding lots.
T~E CHAIR}L~N: Is there ~nyone present who wishes to speak
for this application?
~. C~TT~I~B J. ~CE~ES: In keeping with the S~zr~o~mding
area, I believe it is only fair that the variance he granted.'
MRS. ~-~AN T~EDEE: I live on Hobart Road a~d I am co~fused
by the advertising because it says =west side" of Hobart Road.
It should be "east side". How did it happen ~hat it came out
wrong in the legal notice? ..
T~ CHAIRMAN: I think we shall have to rule on whether
that makes it a defective legal notice or not. I believe that
as the legal notice states that the property is located on the
north side of ~orn Road, e_nd as everyone in Southold ~crumws where
it is, the notice is suffioient to locate the property.
On motion by Mr. Gillispie, seconded by Mr. Grigonis~ it ~s
R~SOLVED that the legal notice describing the location of
property of Richard F~ Mullen, Jr., $outhold, New York, is a
sufficient description. ·
Vote of the Board: Ayes:. Messrs: Gillispie, Bergen, Hutse,
Grigonis.
For the Record: The property of Richard F. }BAllon, Jr.,
Appeal Ho. 1766 should be described as to location as "east"
side of Hobart Road.
HRS. TIEDE~: 'w~uat does Mr. Mullen intend to do with those
three lots?
MR, RIC~ARD F. MULLEN~ ~'R,: They will be residential lots.
'A'~CP~_i-RMA.N: Are there any other questions? (There w~s no
response.)
TR~ C~aTI~MAH: Is there anyone present who wishes to spea~
against this application?
There w~s no response.)
Southold Town Board of Appeals
-6- May 24, 1973
After investigation and inspection the Board finds that
applicant requests permission to diw~lde property with less
th~n required a~ea on premises located on the east side of
Hobart Road and north side of KornRoad, $outhold. T~xe
findings of the Board are that applicant proposes to create
two one half acre lots in an area where m~ny of the lots are
considerably smaller both to the west and to the south. The
Board finds that it would be an unusual hardship to deny this
application, and agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardshipj
the hardship created is unique and would be not shared by all
properties alike in the immediate vicinity of this property and
in the same use districtj and the variance will not cha-~ge the
character of the neighborhood, and will observe the spirit ef
the Ordinance.
On motion by b~. Grigon~s, seconded by Mr. Bergen, it was
R~SOLV~D Richard F. kullen, Jr., 1835 ~Ltll Creek Drive West,
Southold, be GP~/~TED permission to divide property with less
than required area located on the east side of Ho~t Road
and the north side of Korn Road, Southold~ New York, as applied
for.
Vote of the ~oard: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC ~E~/~ING: Appeal N~. 176~8:00 P.M. (E.S.T.),
upon application of RiChard F.~n, Jr., 1835 ~4ill Creek
Drive'West., Southold, New Tork, for a special exception in
acc*rdance ~th the Zo~ng OrdiD-~oe, Article ~I~ Sectien
700 B, Subsection 4, for pe~ission to exp~d a new ~d used
c~ lot. ~oation of propertyt south s~de ~n Road~ eas~ side
Hob~t Road~ Southold~ bonded north by ~in Road~ east b~ M~len
a~ o~hers~ south by M~len~ west by Hob~t Road. Fee paid
$15.00.
The Chairman opened the hea~ingby readingthe application
for a special exception, legal notice of hearing: ~ffidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
-rn~ Ct~AIRMA~Ts This property was ~oned "B" some years
ago. The application is aooompa~ied by
e~lain~ ~. ~len~
accordin~ to She
~. ~C~D ~. ~EN~ ~.~ (~. M~len pointed out the
Southold Tow~ Board of Appeals -7-
May 2~, 1973
THE C~IPJ~AN: Is there anyone present who wishes to spe~k
for this application?
~. P~ICHA_RD F. MULLEN, JR.: I am here to speak for my
application.
MRS. JEAN TIEDKE: Will access come between two private
homes?
MR. MULLEN: No, we dontt pla~ that.
THE CHAIRMAN: Would there be an objection to the B~ard
inserting a condition that there bT no access from Hobart
Road to the p~rking lot?
MR. MULLEN: I would object to that because in ten or
fifteen years I might want to sell.
T~ OW^TRM~: It might be better from the standpoint of
traffic.
MR. ~LEN: Tou will notice that there are c~rs all over
the street.
~.S. T~IED~.: It's a very dangerous corner.
MR. MULLE~: We ~re trying to remedy that.
MR. GOTTFR~D J. NICKLES: I would like to say, with the
esteem that the general area has had for Mm~llen Motors, it is
necessary to expand.
THE CHAIP~MAN: This is a permitted use. The Boand is
required to take certain things into consideration in co~ection
with granting. 0noel the most important things is traffic.
I believe it might complicate the problem to ask you r~t to use
the Hobart Road exit.
MR. NICHES: It's a one-~y street.
MRS. ?/EDKE: oUr house which is Just a block below this
has 100~ frontage~ They are varied in that s. rea. I don~t know
-whether the outlet from his parking lot would improve it or not.
They may put a traffic light up, ~nd they m~y m-~e it two-way.
I don't know how this would interact. I thought ~z~r. Mullen
meant it when he said he was going to keep this strip cf trees.
Trim CHAIRMAn: It's his property.
~S. TIEDE~: Might I suggest.that you request that
Mullen leave a s~eld of trees.
$outhold Town Board of Appeals -8-
May 24, 1973
'£'nm C~ATRMAN: We can ask M~. Mullah, as a good neighbor,
if he would be willing to guarantee that the lOt strip of trees
he maintained on the southerly border of Lot No. i in the
interest of creating a buffer between the residential area and
the business area.
MR. MULLEN: (Referring to map) On that piece there hut not
on the existing piece,
T~ CHAT~LMA_N: Maybe you~uld w~nt to do it anyway as a good
neighbor, i don't think it will cost you anything.
MRS. T!~I7~: The Planning Board requested a certain width
of trees be left at the Mattituck Shopping Center. I understand
the Board of. Appeals reduced that. I think you are completely
within your rights to request this kind of buffer.
THE CHAIRMAN: The Board is empowered to apply reasonable
conditions. This may also have to go to the Planning Board for
site plan approval.
MR. H0~ARD ~RRY, Building Inspector: 0nly if there is a
building on the property. The building is gOmno to be removed.
~. NICKLES: The building is there but it is not sold.
(The Chairman read the portion of the Ordinance concerned
with public garages.)
'£~us C~AT~_~L42~: The Ordinance states that no motor vehicle
sales~ used car lots, gasoline service or repair shops shall he
witlLtn 300 feet of any residence district. ~e already have
situations in all of the old town here where most of these t~es
ef places ~e adjacent to residences. ~s would have to be
subject to site pl~ approval.
~/~. TIEDI~E: ~nis means his existing parking lot is legal
because it is pre-existing but the new one sho~tld he 300 feet
from a residential area.
THE CHAI_W~IA_N: There would be no w~y to use the business
area of Southold.
MRS. TIEDIEE: I w~uld like to see it protected from residences
on either side of that driveway.
'rku~ C~: I think that is a reasonable request if
Mullah is agreeable. You understand, My. ~len~ t~t you ~e
subject to ~ee in the 0rdi~c9 ~ver~ the use of property.
I ~d ~ ~o~ ~th a 10 foot ~de strip as a b~fer on the
south side entr~ce to Hob~t Road but I don~t t~ a 10 foot
strip can reaso~bly be required on the adJoi~ p~perty.
MRS. TIE~KE: I think the general appearance of the Town is
improved by buffers wherever you can have them, a~d I~
he shoed ~ve one on the westerly side of the road.
Southold Town ~oard of Appeals -9-
buffers should he required. Per instance, the lot where the
little old house is has a lot of trees. There is ~ther row
of trees between that house ~nd Smith's. I don~t see why they
a/1 have to be demolished.
· rn~ CHAIRMAN: I think you should be aware Mrs. Tiedke that
the existing.parkin~lot does not have a buffer zone.
cHAiR.MA_N: Are there any other questions?
After investigation and inspection the Boamd finds that
a~plicant requests perm/ssion to expand a new ~ used c~ lot
on presses located on the south side of ~iu Road, Southold,
New York. ~e ~ard ~ees ~th the reaso~ of the applic~t
subject to site pl~ approval of the Southold To~ Planning
The Board finds that the public convenience amd welfare and
Justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will
not be permanently or substantially injured and the spirit 'of the
0rdins_nce will be observed.
On motion by Mr. Gillispie, seconded by Mr. ~ulse, it was
RESOLVED, Richard F. Mullen, Jr., 1835 Mill Creek Drive
West, Southold~ New York, he GR~_~"I~D permission to expand a new
~nd used c~r lot located on the south side of Main Road, Southold~
as applied for, subject to the following conditions:
1. That on the southerly boundary of Let No.~, a buffer[
strip of 10 feet of presently maintained trees be maintained.~_
2. Subject to site plan approval of the Southold Town
Pl-~ing Board.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
GTtgonis.
PUBLIC ~ARING: Appeal No. 177o - 8:15 P~ (E~S~T,),
upon application o~Lorraine ~. D~y~ 138-71st Street, Apt,~ D-7.
Brooklyn, New York, ~or a variance in ~ccOrd~nCe with %he Zoning-
0fdA.hanes, .A~ticle II~, Section 301 ~nd~the Bulk Schedule, for
PS~ssion ~o divide l~s with less than~equired area, Location
of property. Lots 22 and~23, Map of Matti~ck Estates, Mattituck,
New York. Fee paid S15.O*~ . .~.
The Ch~Lrm~nopened the ~arin~hy readi~ the application
for a variance, %egal notice offspring, affida~tsatteetin~ to
its ~ublic.ation m.n the official n~e~spapers~ ~uad ~tlce to the
appllcant.' - ' ~
APpeBant
¢ )
the appeal
................. of the Y'~tnS Ordfnance and the decision of ~e Bu~ I~tor ( ) be rev~ ( ) be
(~d not)
Southold Town Board
of'
'ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3608
Application Dated 0anuary 20, ]987
'TO: 'J. Kevin Mckaughlin, Esq.
as Attorney for MR. RICHARD
828 Front Street, P~. Box
Greenport, NY 11944
F. MULLEN, JR.
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on April 2, ~98~,
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
IX] Request for Variance to the Zoning Ordinance
/~rticle XI, Section ]00-l]2(I)
[ ] Request for x
Application of'RICHARD F. MULLEN, JR. for a Variance to the Zoning
Ordinance, Article X-I-~, 'sec'ti~on"l'O-(]L-~-l~for permission to utilize
subject premises for a paved parking area for.the employees of Mullen
Motors, an established business abutting this parcel along the north
side. Zone Districts: Partly "A" Residential and Agricultural and
"B-l" General Business. Location'of Property: East Side of Cottage
Place, Southold, NY; County Tax Map District lO00, Section 62, Block
~, ,Lot 19.
WHEREAS, a public hearing was held and concluded on. March 5,
1987 in the Matter of the Application of RICHARD F. MULLEN;' JR.
under Appeal No. 3608; 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 pe?sonally 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. By this application, appellant requests a Variance from
the ~rovisions of A~ticle X~, Section 1DO-ll2(I) for permission
to use premises located partly in the "B-l" General Business and
partly in the "A" Residential and Agricultural Zoning Districts
as a paved parking area for the employees~of Mullen Motors, an
established business located on the adjacent property immediately
to the north.
2. The premises in question is lo~ated along the east side
of Coftage Place, Southold, with frontage of 104.60 feet, and
is identified on t~he Suffolk County Ta~ Maps as District~ 1000,
Section 62, Block 3,~Lot 19.
3. The subject premises is presently vacant.
..(CO.NTIN~ED ON PAGE-TwOI
DATED: April 2,1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, 'SOUTHOLD TOWN:ZONING BOARD
OF APPEALS
X
Page 2 - Appeal No. 3608
Decision Rendered April 2, 1987
Matter of RICHARD F. MULLEN, J~.~
4. Article XI, Section lO0-112, Subsection (I) of the Zoning
Code prohibits such parking spaces on a lot in any residence dis-
trict, unless the use to which they are accessory is permitted in
such district or upon approval of the Board of Appeals.
5. The Site Plan prepared December ll, 1986 by Peconic
Surveyors and Engineers, P.C. depicts a proposed parking area of
12,930 sq. ft., grass area of 3,800 sq. ft., and a total of
.26 parking spaces, two of which are located in the "B-I" Zone
District. The total square footage of the lot in question is
17,409 sq. ft. Also proposed is a six-foot high chainlink fence
encompassing the borders of the north, east and south property
lines. A variance as to the restricted four-foot height requ.ire-
ments along the front yard areas has not been appropriately
applied for and accordingly is not a part of this application.
6. Article XI, Section lO0-112 Subsection (K) of the Zoning
Code and the relief granted hereunder requires continued mainte-
nance and appropriate screening from adjoining residential lots
and from the view of lands across the street from other residen-
tial properties, by a substantial wall, fence or thick hedge
approved by the PI.arming Board, generally at a height of not
less than three ~eet.
7. It is the understanding of this Board that this property
will not at any time be used for vehicles sales, vehicle repairs,
storage of equipment or vehicles or related items, and will be
used solely as an accessory use to permit parking by employees
of Mullen Motors, Inc., the e~tablished business on the lot
immediately adjacent to the north~
In considering this appeal, the board finds and determines:
(a) that the use proposed is not inconsistent with the general
purposes of the intent of zoning; (b) the circumstances are
unique; (c) the accessory use applied for will not alter the
essential character of the neighborhood; (d) the use will not
prevent the orderly and reasonable use of this district or
adjacent use districts; (e) the safety, health, welfare,
comfort,.convenience and order of the town will not be ad-
versely affected by this use; (f) the interests of justice
will be served by allowing the variance, as conditionally noted
below.
Accordingly, on motion by Mr. Sawicki, secended by
Mr. Doyen, it was
RESOLVED, to GRANT the relief requested under Appeal~
No. 3608 in the Matter of the Application of RICHARD F. MULLEN,
JR. for employee parking of Mullen Motors only-'~--~-BJECT TO~
THE FOLLOWING CONDITIONS:
maximum height of four feet along the front yard property
lines, unless application is made separately for additional
relief.
2. The approved parking area is restricted only to
the residentially zoned portion..
3. Planning Board site plan approval (including' surfacing,
screening, drainage, egress, ingress, etc. as per Section
lO0-112(K), et seq. of the Zoning Code).
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Doyen and Sawicki. (Member Grigonis abstained.) This .
resolution waslk duly adopted. ,~ , ,
GERARD P. GOE~~MAN
,I
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3634
Application Dated May ]5, 1987
TO:
J. Kevin McLau§hl~.n, Esq.
as Attorney for RICHARD P. M~LLEN__,, JR~
828 Front Street, Box 803
Greenport, NY 11944
[Appellant(s)]
At a MeetLng of the Zoning Board of Appeals held on June 3D~ ]9~7,
the above appeal was considered, and the action indicated below was taken
on ~our [ ] R~qu~st for Variance Due to Lack of Access tel Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ×] Request for Variance to the Zoning Ordinance
Article XI , Section 100-119.l (A)
[ ]
Request for
Application of RICHARD P. MULLEN, JR. Variance to the Z6ning
Ordinance, Article XI, Section lO0-1.19.1(A) for permi~sion to e~ect
fencing in the frontyard area with e maximum height of slx feet:
Location of Property: East Side of Cottage Plece, Southold, NY,
Coun%y Tax Map District ]000, Section 62, Block 3, Lot 19.
WHEREAS, a public hearing was held and concluded on JunellS,
1987 in the Matter o4 the Application ~f RICHARD F. MULLEN, JR. iunder
Application No. 36343 and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimonA recprded; and
]~WHEREA~,' the ~oar~ has carefully considered all testimony
and documentation' submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and ar~
familiar with the premises in question, its present zo~in§,
~nd the surrounding areas;
WHEREAS, the Board ~ade the following findings of fact:
1. By this application, appel'lant requests a Variance
f~om the Provisions of Article XI, Section lO0-119.1, sub-
paragraph. !A) for permission to exten~ hei§bt of proposed
fenqjng along the frontyard areas to a maximum of six feet
.for protection of.vehicles for the employees of Mull~:Motors.
2. The premise~ in ~uestion i'~l-~cated elo~ the east
side of Cottag~ Plade, &ou%~old, with frontage of 104.60 feet,
contains an area. of approximately 18,000 sq. ft.~ and is more
particularly designated on the Suff61k County Tax Maps as
District 1.O00, S~tion 62, Block .3, !et 19.
3. For the record i~ is note~: '(a) that the ~ubject
premises is~p~esently vDcant, and (b) a conditional variaDce
· was granted concerning these premises April 2, 1987 under
Appeal No. 3608 for use of the property for employee parking
-of Mullen Motors only~' and (c) the premises is located
D~XD: Oun~ 3~? 1987::'
Form Z~4 (rev. L2~81)
CHAIPd~AN, SOUTHOLD TOWN ZONING[ BOARD
Page 2 - Appeal N~..3634
Matter of RICHARD F. MULLEN, J~.
:Decision .Rendered June 30, 1987
partly in the "A" Residential and Agricultural, and "B-l"
General Business Zoning D~str!cts. ..
4. The Site Plan prepared December ll, 1986 by Peconic
Surveyors and Engineers, 'P.C. depiCt$oasPrOposed parking area
of 12,930 sq. ft.~ 'gra'ss'~r~ of 3,80 q ~t., and ~ ~otal
of 2.6 parking spacqs, to~ther.~i'~h a p~p~sed six-foot high
'.chainlink..f~nce ~urfoundi.ng the ~ntSre p~emises The portion
~f the 'fe~f~g'Feqetr~ng t~lief ~nder thi~ va. riance'a~plica-
tion is~.that portioh wkich en~qmpasses Yhe front yerd,.within
~ fee~'~from .~]he '~ront '~ro~rt~]j_ine. .. --
5. Article X), 'Se~'ion. IlO'O-liB.1 end Section lO0-119
permits fencing .~long.the fron~.yaKd property line,
exceedih~ four feet in hei.~ht. .
6~ '-It is th~ opinion of the Board that l~ consider-
ing the character of the immediate area and the proposed
limited use of the.~re~ises, as noted above, the extension
of the propoq~d chainlink fencing from four feet ~o six
feet iq.no~ unreaso~able.a~d is.necessary for security purposes.
In considering'~his appeal, the Board also finds and
determines:
(al the percentage of relief requested is substantial
at 50% in relation to t~e zqning requirements;
(b) the circumstances 6~ t~ property are unique;
(c) there will not be a s'ubs~n~i-al j detrimental
change in the character of the neighborhood;
(d) there is no Other method feasible for appellant
to pursue other than a variance;
(el the grant of this variance will not affect
governmental fa~ilitieq of any increased populati, on;
(fl i~ view of the manner in which the difficulties
arose and in view o~ all the above factors, the interests of
justice will be served by granting relief, as conditionally
.noted belqw.
Accordingly, on motign by Mr. Goehringer, seconded by
Mr. Sawicki, it ~as
RESOLVED, tO GRANT a Variance to permi~ the extension
in height ~rom four ~e~--to six feet of the proposed chainlink
fence ~ithin the frontyard area, as ap~l'ied, in the. ApplicQtion
of RICHARD F. MULLEN, JR. under Appeal )!o. 3634, SUBJECT TO THE
FOLLOWING CONDITIONS:
1~ Pi~ntings' to be placed along the resi'dentially-zoned
abutting properties for eppcopriate screening; .
~. All lighting=~ust be shielded to the ground;
3. P~an£ings within the' fron~yard area m~y not exceed
a height o~.1.8 inches for the fi[st 20 feet (for visibility).
from a poiDt commenciog at thq front (we. st) Rroperty li.~e..
Vot~ of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. '(Member Doyen of Fis. hers Island was
absent.) This resolution~was duly adopted.
~ERARD P. GOEH~INGE~ ~AIRM~N
Southold Town Board of Appeals -39- November 18, 1987 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3674~SE:
Application of RICHARD MULLEN, JR. for a'Special Exception to' the
Zoning Ordinance, Article VII, Section 100-70 (and 100-71) for. permis-
sion to construct addition for showroom use incidental to t~e existing
car-sales business use in this "B-l" GeneP~l 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.
The Board deliberated and took the following action:
WHEREAS~ a public hearing was held and concluded on Novemq
ber lO, 1987 in the. Matter of the Application of RICHARD MULLEN
JR. under Application No. 3674 (S.E.); 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 vi. ewed 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 locatej in the B-1 Gen. Business
Zoning District and is a lO0' 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 sou~h side is
other land of the applicant herein which has been the subject of
prior Appeals No. 3608 rendered April 2, 1987 and No. ~34 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
June 15, 1987 by Antonu~ci & Lawless, Yonkers, New York.
3. By thi's, a'pplication, applicant requests a Special
Exception under the ProvisiOns of Article VII, Sect--T~ .....
Southold Town Board of Appeals -40- November 18, 1987 Special Meeting
(Appl. No. 3674SE - MULLEN decision, continued:)
100-70 and lO0-?l 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 lO-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 w. ill 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 zonin9 ordinance. The Board has also considered items
[a] through [1] of Article XII, Section lO0-121(C)[2] of the
Zoning Code.
Accordingly on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief 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.
Southold Town Board of Appeals -41- November 18, 1987 Special Meeting
DELIBERATIONS/DECISION: Appeal No. 3675:
Application of RICHARD MULLEN JR. for a Variance to the Zoning
Ordinance, Article VII, Section 100-71, 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.
The Board deliberated and took the following action:
WHEREAS~ a public hearing was held and concluded on Novem-
ber 10, 1987 in the Matter of the Application of RICHARD MULLEN,
under Application No. 8675; and
JR.
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 vi. ewed 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 locateJ in the B-1 General Business
Zoning District and is a 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 ha~ 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 June 15, 1987 by Antonucci & Lawless'; Yonkers,
New York.
3. By this application, appellant requests a variance
from the p'hovisions of Article VII, Section lO0-71, Bulk
Schedule of the Zoning Code which requires a minimum front-
yard setback at 35 feet.
Southold Town Board of Appeals
-42- November 18,
1987 Special
Meeting
(Appl. No. 3675 - MULLEN decision, continued:)
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 lO-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
Southold Town Board of Appeals -43- November 18, 1987 Special Meeting
(Appl. No. 3675 - MULLEN decision, continued:)
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:
I. 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.
The Board indicated that the following matters would
be decided upon following deliberations at the next meeting:
Appl. No. 3677 - ROBERT MOHR.
Appl. No. 3514 - GEORGE P. SCHADE.
Appl. No. 3672 - ANTHONY GAMBINO.
CALENDAR OF HEARINGS FOR DECEMBER 10, lg87: On motion
by Member Douglass, seconded by Chairman Goehringer, it was
RESOLVED, to direct and authorize Board Clerk, Linda
Kowalski, to publish the following matters to be held for
public hearings on THURSDAY, DECEMBER 10, 1987, in the
Meeting Hall, Southold Town Hall, Main Road, Southold, NY,
in both the official and local newspapers of the Town, to
wit: Suffolk Times, Inc. and L.I. Traveler-Watchman:
7:30 p.m. Appl. No. 3566 - THEODOSE TRATAROS and
ERAKLIS APODIACOS,
7:35 p.m. Appl. No. 3694 - THERESA CZECH,
7:40 p.m. Appl. No. 3695 - HENRY J. SMITH & SON;
7:45 p.m. Appl. No. 3689 ~ PETER AND DIANE LUHRS;
7:50 p.m. Appl. No. 3691 - HOSNY SELIM,
APPEALS BOARD MEMBERS
Gerard P. Goehri~ger, Chauman
C2~arles G rigo~is, Ir.
Serg~ Doyen, Jr.
Telephone (516) 765-1809
ACTION OF TKE BOARD OF kPpEALS
Sco'rr L. ]-[ARRIS
Supervisor
Town Hall, 53091~ Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-18~
Appeal NO. 4050:
Application for RICHAPJ) MULLEN, JR. Variance to the
Zoning Ordinance, Article X, section 100-101Cl, for approval of
two concrete vehicle-display pads located in the northerly front
yard area, and/or clarification of ZBA App1. 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).
W~IEREAS, a public hearing was held on September 26, 1991
and at said hearing all tho~e who desired to be heard were heard
and their testimony recorded; and
W~EREAS, 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 s%Lrrounding 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 the
south which has been the subject of prior Applications under:
(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. ~'~t guSe
Matter of RICHARD M~uLEN, 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/uSgs 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 u/%der 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 (nbrtherly)
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 traffio;
{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:
Ia) that the relief, as conditionally noted below,
will not be adverse to the essential character of the neighbor-
hood;
(b) that the relief, as conditionally noted below,
will not in turn be adverse to the safety, health, welfare,
'Page 3 - Appl. No. '"wd't4'~ 'C'~e
Matter of RICHARD MULLEN, JR.
Decision Rendered September 26, 1991
comfort, convenience or order of the town, or be adverse to
nelghborin~ properties;
(c) .~hat the relief herein will not create a
substantial increase in business use or use density, 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 20' 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 min~al relief,
conditionally a~d as further noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was '
RESOLED, to GR/kNT relief for two 7 ft. by 20 ft. concrete
(vehicle sales display) pads, SUBJECT TO T~E FOLLOWING CONDI-
TIONS:
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 ttnregistered vehicle, for a total of two.
Vf~fE OF THE BOA_RD: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Dinizio, and Villa. This resolution was duly adopted.
AUTHORIZATION
We, RICHARD F. MULLEN, JR., General Partner of Mullen
Realty, L.P., owner of premises at 265 and 45 Cottage Place.
Southold, New York(SCTM #1000-62-3-19 and 20 and RICHARD F.
MULLEN, III, President of RWM Enterprises, Inc., owner of the
premises at 56340 Main Road and 160 Locust Lane, Southold,
New York (SCTM #1000-62-3-22.1 and 24.1), hereby authorize
Richard F. Lark, Esq. of Lark & Folts, Esqs. and Thomas McCarthy
of McCarthy Management, Inc. to act as our agents and to handle
all necessary work involved to obtain a building permit to
renovate and modernize the Mullen Motors car dealership from the
Southold Town Building Department and handle all necessary work
involved in the variance and special exception applications with
the Southold Town Board of Appeals and the lot-line change and
amended Site Plan approval process with the Southold Town
Planning Board.
Sworn before me this
13th day of August, 2004
Notary Public
MULLENBy~-~REALTY' L.P.~''~~[
Richard F. Mullen, Jr
General Par~her
RWM ENTERPRISES, INC.
Richard~F. Mullen, III,
President
The Tovn of Southold'e Code of Ethics prohibits conflicts o£
interest on the part oE towll of£icers and employees0 The
purpose of this [orm ts to provide information vhich ca,',
alert the born of possible con[lists o[ interest and sitou
it to take whatever action is aecssear¥ to avoid same, o
Mullen Realtyt L.P.
(Last name, E[ret name, middle tn[riaL, u,Iess
N~TURE OF APPLICATION: (Check aLl Ehat apply.)
Tax grievance
O~her ~
(~E 'Othec,' .name tl~e acEtvity.) Lot-Z~ne Chan~e & A~ended S~te P~an
A~prova~
ovnereh~p oE (or employmen~ by) a cogporat~on In vhIch
provided.
The born og~icec oc employee or hts or her spouse, etbtt.g.
DESCRIPTION OF RELATIONSHIp
Partner
The Torn o£ Southold'e Code og Ethics pcohiblta con[I/cgs or
interest on the part og tow. o~flcere and employees. The
purpose of this form Ia to provide info=marion shich can
ale~t the town of possible co~lfllcts o[ interest and allow
it to take whatever action le l~ecessacy to avoid sams..,
YOUR
RWM Enterprises, Inc.
Appcoval of plat ~
~xemption from plat OC ofiicLat map
Otter ~
(~f "Other," ·name the activity.) Lo~-line Change & Amended Sire Plan
Approval
b~ blood, mac~la.qe, oc bu~lneB~ ln~e~e~. "~u~lne~8
ovnecahip of (oc emplorment by) a cocponaeJon In vhfcl
The town officer oc emploree or his or her spouse, sibling,
parent~ or child ia (clteck all that apply),
· is a eorpo~ation)l
Sub,.itl:ed thtsl3thday of Au$us)~_2004
.RWM ENTERPRISES, INC.
Stgnatu~ _By 4~0.,~,'~ ~ ~r~j~
I'rl.~ ua,,,e Riohard F. Mullen~ I!I_~ President
BOXES 5 THRU 9 MIDST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR
11934~2~3 ~
I
}~ parc ~_ (~f thi~ Jflll~me~t,
~ ~CORD & RETU~ TO
Suffolk Coun~ Recording & Endorsement Page
This page forms part of the attacl~ed ~ee~ made
(Deed, Montage. c:c ~
SUFFOLK COUNTY, NE~ ~O~.
· o ,.,,,,~o,,~ o,..
In fl~e VILLAGE I
NO CONSIDERATION
62
2O
Quitclaim Deed
This Indenture, made the ~i' "/~ day of
Dece~ber, Nineteen Hundred and Ninety-Eight,
between
RIC~LARD F. MULLEN, JR. residing at no n~]~er Mill
Creek Drive. Southoid, To.ii of Southold. Ccunty cf
Suffolk and State of New York
party of the first part, and
~LL~ RET-~TY, L.P.. a New 'fork Limited Partnershio
.~it~ its principal place of business a% ?.0. Box 1408,
Main Rcad, Southold, New York 11971.
party of the second 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 the party of the
second par~, the heirs or successors and assigns of the
party of the second part forever,
All that certain plot, piece or parcel of land, with
buildings and improvements thereon erected, situate,
lying and being in the Village and Town of Southold,
County of Suffolk and State of New York, bounded
Northerly by the Main Road a distance of 100 feet;
Easterly by land now or formerly of Ralph Glover a
distance of 180 feet, more or less; Southerly by land
now or formerly of Weckesser a distance of 100 feet,
more or less, and Westerly by Cottage Place a distance
of 197 £eet, more or less.
Being and Intended to be the same
premises conveyed to the Grantor herein by Deed dated
December 15, 1972, and recorded in the Office of the
Clerk of Suffolk County on December 18, 1972, in Liber
7306 at Page 322.
Together with all right, title and interest, if
any, of the party of the first part in and to any
streets and roads abutting the above described
premises to the center lines thereof;
Together with the appurtenances and all the estate
and rights of the party of the first part in and to
said premises;
To have and to hold the premises herein
granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part
forever.
and the party of the first part coveaants that the
party of the first part has not done o~ suffered
anything whareby the said premisas have been encumbered
in any way whstever, except as afolesaid.
arid the party of the firs~ parc, in compliance with
Section 13 of the Lien Law, covenants tha~ the party of
the ~irst part will receive the consideration for this
conveyance and will hold th,m right [o receive such
consideration as a trust fund to be applied first for
the purpose o~ paying the cost of improvement and will
apply the same first to the payment of the cost of the
improvement before using any part of the total of the
same for any other purpose. The word "party" shall be
construed as if it read "parties" whenever the sense of
this indenture so requires.
In Witness Whereof, [he party of the first
)art has duly executed this Deed the day and year firs5
above written.
STATE OF NEW YORK)
COUNTY OF SUFFOLK) ss.:
On the ~ ~'~ day of December. 1998, before me personally
came RICF~kRD F. F~JLLEN, JR.. to me known, to be the
individual described in and who executed the foregoing
inst rume~t,
Quitc!aim Deed
RIC}{ARD F. MULLEN, JR.
MULLEN REALTY, L,P.,
a New York Limited
Partnership
County of Suffolk
ro>~ of Southo!d
Tax Map #
~dress: 45 Cottage Pl.
Page 2 of '2 Pages
12051 -820
RE6 : ED
[--~
~, ~ zo~; 6, ,- .........
'rilie Company hlfornmlion
7~ [ Sul%lk County Recording & Endorsement Page
lhis l~ge forum p~ t f tile alt ~cl~ml ~_ m~de by:
~ ZU, ~//-O~e~ , ~¢ :--.-- 'lheNemi~he~inissitmlolin
~M d~4~ ~ .~Z .-~/ SUFFOLK COUNIS', NEW YOR~
ALBERT W. ALBERT~ ON, .~ r.. residing at 1410
DONALD B. KATZ an~ GER PRUDE KATZ, both re~idlng at No# Fen7 Road, Sag ttarbor. New
Y~rk 11963
and
RWM ENTERPRISES, INC. :laving its principal place of business at Nog Yenne¢ott Drive,
Southold, Ney,, York 11~. 71
Town of Southold, Coun: y of S ~ffolk and State o f New York, kmown and designated as Lots 1, 2, 2,5,
27 and 2g On Map of Jc~ ale A 2ochran, filed in the Office of the Clerk of the County of Suffolk on
O,:tober 6, 1870 as Map ?,~umbvr 399, and a described parcel, :said Lots ~nd described porte! more
p,qrfieularly bounded and descfi ~ed as follows:
BEGINNING at a point ¢ n the outherly side of the Main Road 0NYS Route 25) ~om the comer
formed by the intersectio l old' ,: westerly side of Locu~ Avenue with the southerly side of Main
R,a.~l;
RUNNING THENCE ak ng th,: we,:terly side oi Locust Avenue, South 72 degrees 21 minutes 20
seconds Eas~ 285.39 feet to lan ~ now or former!] o f Szcz. ensy and Corbett;
THENCE along said lam. Sou h 73 degrees 21 minmes 50 seconds West 162.66 feet (162.91 feet
deed) to land now or fort ~¢riy, f Adams and Mullen;
T3fENCE along said lan~ the f :,slowing (3) courses a~td distance:'
1. Noxt~a 17 degrees 10miqutes00secondsWest 48.95 feet (48.80 feetdeed);
North 18 degrees 05 m m~tes 50 seconds West 109.47 feet;
3. South 71 degrees 55 m: nutes 40 seconds West 59.69 i'eet;
TI-IENCE North 15 degrees Y.: minutes O0 seconds West 17~.14 feet to the southexly side of Main
Road (N¥S Route 25):
THENCE along the southerly side of IVhdn Road [NYS Route 25j the following (2) >nurses and
Norlh 87 degrees 02 minutes O0 seconds East 100.00 feel.;
Notll~ 85 degrees 37 minutes 00 s~conr. E~t 98.92 feet ~o the westerly side of Locust Avenue
the point m place of BF. GINNI~'G.
A~ to Tax Lot 1000~62.00-~ L00-024.~01
BEING AND INTENDED TO BE TI{l[! same premises cor.x eye~ to the granlors herein by deed dated
May 19, 1982 and r, corded in the Office of the Su .rfolk County Clerk on July 7. 1982 in Liber 9207 cp.
596 and by deed dated March 10, 1984. reccrded on April 4. 19~;4 in Lthcr 9540 cp. 29.
As to T~x Lot 100~062.00-03.0~-022.001
BEING AND INTENDED TO B,8 the ~ne promises cony*yeti to the grantors herein by deed da~
June 5, 1973 a~d recorded in the Office of ti',e Saftblk County Clerk on lur~e 6, 1973 in Liber 74~ '. cp.
557 and by deed dated April 29, 1977 m:d reecrded on May 5, 1977 in Lther 8230 er.
/ Don~d B. ICat~ ~
t20511 .8,.0
Stale of New York; County of S~ fiotk
Stat,.' of New York. Coullt of Suffolk ss.:
State of , County of ss.:
C~argain and Sa:'e cD
Albertson/Katz/Ka tz
TO
R',VM Enterpnsas. inc.
:Section: 062.00
Lot: 022.001 and 024.001
William H. Price, Jr., Esq.
828 Front Street
P.O. Box 2065
Greenport, New York 11944
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of
a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge
in one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process
has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The
form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions
Identify the Portions of EAF completed for this project: r~ Part1 ~ Part2 D Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
DA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a
significant impact on the environment, therefore a negative declaration will be prepared.
Although the project could have a significant effect on the environment, there will not be a significant effect
for this U,~listed Action because the mitigation measures described in PART 3 have been required, therefore
a CONDITIONED negative declaration will bo prepared.*
The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefore a positive declaration will be prepared.
Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency
Signature of Preparer (If different from responsible officer)
website
Date
Page 1 of 21
PART 1--PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may be subject to f~rther verification and public review. Provide any additional information you believe
will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.
NameofAction Lot-line Chanse and Amended Site Plan Approval for Mullen Motors, Inc.
Location of Action (include Street Address, Municipalify and County)
Main Road (N.Y.S. Rte. 25) and Cottage Place, Southold, Suffolk County, New York
(SCTM #1000-62-3-19, 20, 22.1 apd 24.1)
NameofApplican~Sponsor Mullen Realty, L.P.
Address (no #) Main Road
Cify / PO Southold State NY Zip Code 11971
Business Telephone (631) 765-3564
.Applicant/Sponsor
Name of ~w~er-~i~di~e~h~) RWM Enterprises, Inc.
Address 1625 Yennecott Drive
City/PO Southold State [NY Zip Code 11971
Business Telephone (631) 765-3564
Description of Action:
To meet requirements of Daimler Chrysler to renovate and modernize the
Mullen Motors car dealership from 9,050 sq. ft. to 14,227 sq. ft.
Page 2 of 21
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: [] Urban [] Industrial [] Commercial
[] Forest [] Agriculture N Other
D Residential (suburban)
D Rural (non-farm)
2. Total acreage of project area: 90~102 atrres, sq. ft:.
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24,25 of ECL}
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (indicate type)
PRESENTLY AFTER COMPLETION
0 acres 0 acres
0 acres 0 acres
0 acres 0 acres
0 acres 0 acres
0 acres 0 acres
0 acres 0 acres
0, o2 o, o2
0 acres 0 acres
4. Are there bedrock outcroppings on project site7 ~ Yes
a. What is depth to bedrock [q/A (in feet)
5. Approximate percentage of proposed project site with slopes:
~0-10% 0 % ['-]10-15%__% [] 15% or greater__%
6. is project substantial~..~ontiguous t~..~ contain a building, site, or district, listed on the State or National Registers of
Historic Places? L..J Yes ~ ! No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes r~No
8. What is the depth of the water table7 [q/A {in feet) ?ub].±c Wet:el' (SCWA)
9. Is site located over a primary, principal, or sole source aquifer? DYes [] No
10. DO hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes [] No
What is predominant soil type(s) on project site?
a. Soil drainage: ~Well drained % of site [] Moderately well drained % of site.
r~Poorly drained % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land
Classification System? N/A acres (see 1 NYCRR 370).
[]
Page 3 of 21
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes [] No
According to:
I
Identify each species:
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological forma6ons?
Describe:
1 3. Is tha proiect sits prossntly usad by tha community or nsighborhood as an opsn spaca or recraation sraa?
r~Yes []No
yes, explain:
14. Does the present site include scenic views known to be important to the community?
15. Streams within or contiguous to project area: None
16.
a. Name of Stream and name of River to which it is tributary
Lakes, ponds, wetland areas within or contiguous to project area: None
Size (in acres):
Page 4 of 21
1 7. Is the site served by existing public utilities? ['~ Yes [] No
a. If YES. does sufficient capacity exist to allow connection? [~Yes
b. If YES, will improvements be necessaw to allow connection?
DNo
DYes [~No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and
304? r~Yes [~No
19. Is the site located in or substantially contiguous to a Critical Fnvironmentat Area designated pursuant to Article 8 of the ECL,
and 6 NYCRR 6177 r']Yes r~No
20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate).
a. Total contiguous acreage owned or controlled by project sponsor: 90~ 102 ~¢~mf:t.
b. Project acreage to be developed: N/A acres initially; N/A acres ultimately.
c. Project acreage to remain undeveloped: 0 acres.
d. Length of project, in miles: ~/A (~iJ appropriate)
e. If the project is an expansion, indicat~e percent of expansion proposed. 7.2 %
f. Number of off-street parking spaces existing 90 ; proposed same
g. Maximum vehicular trips generated per hour: 20
h. If residential: Number and type of housing units:
(upon completion of project)?
N/A
One Family
Initlally
Ultimately
i. Dimensions (in feet) of largest proposed structure:
r~No
Two Family Multiple Family Condominium
28' height; 147.6' width; 167' length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? 298.92 ft. along Main Road;
302.60 ft. along Cottage Place; and 285.39 ft. along Locust: Avenue.
How much natural material (La. rock, earth, etc.) will be removed from the site? 0 tons/cubic yards.
Will disturbed areas be reclaimed DYes DNo r'~N/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? []Yes [] ,o
c. Will upper subsoil be stockpiled for reclamation? DYes
4. How, many acres of vegetation (trees, shrubs, ground covers} will be removed from site?
N/A
0
Page 5 of 21
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
DYes ~No
6. If single phase project: Anticipated period of construction: ]2 months, (including demolition)
7. If multi-phased:
a. Total number of phases anticipated ! (number)
b. Anticipated date of commencement phase 1: 9 month 04 year, (including demolition)
c. Approximate completion date of final phase: 9 . month 0.5 year.
d. Is phase 1 functionally dependent on subsequent phases7 [] Yes [] No
8. Will blasting Occur during construction7 ~ Yes ~ No
9. Number of jobs generated: during construction 50 ; after project is complet@
10. Number of jobs eliminated by this project 0
11. Will project require relocation of any projects or facilities? ~ Yes N No
If yes, explain:
I Body shop on north side of Main Road (N.Y.S. Rte. 25) will be
] eliminated.
12. Is surface liquid waste disposal involved7 ~ Yes r~No
a. If yes, indicate type of waste (sewage, industrial, etc) and amount used oil, antifreeze
b. Name of water body into which effluent will be discharged N/A
13. Is subsurface liquid waste disposal involved? ~ Yes r-~ No Type seotic system
14. Will surface area of an existing water body increase or decrease by proposal? ~ Yes [] No
If yes, explain: N/A
1 §. Is project or any portion of project located in a 100 year flood plain? [] Yes r~No
16. Will the project generate solid waste7 r~ Yes []No
a. If yes, what is the amount per month?__ tons
b. If yes, will an existing solid waste facility be used? [] Yes [] No
c. If yes, give name ; location
d. Will any wastes-net-go into a sewage disposal system or into a sanitary landfill? DYes [] No
Page 6 of 21
e. If yes, explain:
17, Will the project involve the disposal of solid waste? r'~Yes DNo
a. If yes, what is the anticipated rate of disposal? --
b, If yes, what is the anticipated sit~ life? -- years.
18, Will project use herbicides or pesticides? r~Yes r~No
tons/month. Construction debris, masonry, metal
and wood will be taken to the Southold
Town Landfill.
19. Witl project routinely produce odors (more than one hour per day)? ~Yes
20. Will project produce operating noise exceeding the local ambient noise levels? [=~'] Yes ~No
21, Wilt project result in an increase in energy use7 [] Yes [] No
If yes, indicate type(s)
Electric and heat.
22. If water supply is from wells, indicate pumping capacity gallons/minute.
23. Total anticipated water usage per day gallons/day. N/A
24. Does project involve Local, State or Federal funding7 [] Yes ~ No
If yes, explain:
N/A Public Water (SCWA)
Page 7 of 21
25. Approvals Required:
City, Town, Village Board
DYes [] No
Type
Submittal Date
City, Town, Village Planning Board [] Yes
[]No
Lot-line change
ffended Site
an Approval
August 2004
August 2004
City, Town Zoning Board
]Yes [] No
Variances
Special Exception
Article 6
Department of
Transportation
August 2004
August 2004
August 2004
August 2004
City, County Health Department [] Yes
D No
Other Local Agencies
DYes [] No
Other Regional Agencies
~Yes ~'~ No
State Agencies r'~Yes [] No
Federal Agencies r-"] Yes ~ No
C. Zoning and Planning Information
1, Does proposed action involve a planning or zoning decision;' r~Yes ~ No
If Yes, indicate decision required:
[] Zoning amendment [] Zoning variance [] New/revision of master plan
[]Amended
Site plan []Spec,al' exceptiOnu~l~ercn~ [] Resource management plan
D Subdivision
[~ Other
Lot-line change
Page 8 of 21
2. What is the zoning classification(s) of the site?
I General Business District
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
4. What is the proposed zoning of the site?
N/A
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
As
Droposed.
6. Is the proposed action consistent with the recommended uses in adopted local land use plans?
7. What are the predominant land use(s) and zo~{ing classifications within a Y4 mile radius of proposed action?
General Business District, Hamlet Business District and Residential
Low-Density District (R-40).
8. Is the proposed action compatible with adjoining/surrounding land uses with a % mile7 [] Yes r"] No
9. If the proposed action is the subdivision of land, how man,/lots are proposed?
a. What is the minimum lot size proposed?
Page 9 of 21
10. Will proposed action require any authorization{s) for the formation of sewer or water districts? [] Yes [] No
11. Will the proposed action create a demand for any community provided services {recreation, education, police, fire protection?
DYes r~JNo
a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No
12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No
a. If yes, is the existing road network adequate to handle the additional traffic, r~Yes [] No
D. InfrJrmational Details
A'ttach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
a~J0ciated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name r~'
[~JLLE~TY, L.P.
Signature By ~ - ~
Richard F. Mullen, Jr., General Pa
RWM ENTERPRISES, INC.
Richard ~%. Mullen, III, President
Date 8/13/04
if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this
assessment.
Page 10 of 21
PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
General Information (Read Carefully)
In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert environmental analyst.
The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for
most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a
Potential Large Impact response, thus requiring evaluation in Part 3.
The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been
offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
The number of examples per question does not indicate the importance of each question.
In identifying impacts, consider long term, short term and cumulative effects.
Instructions (Read carefully)
a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then.check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If
impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than
example, check column 1.
d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any
large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it
be looked at further.
e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be
explained in Part 3.
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
Impact on Land
1. Will the Proposed Action result in a physical change to the project
site?
Examples that wou~d apply to column 2
Any construction on slopes of 15% or greater, (15 foot
rise per 100 foot of length), or where the general slopes
in the project area exceed 10%.
Construction on land where the depth to the water table
is less than 3 feet.
Construction of paved parking area for 1,000 or more
vehicles.
[] [] DYes r' No
[] [] OYes []No
[] [] []Yes DE•
Construction on land where bedrock is exposed or
generally within 3 feet of existing ground surface.
Construction that will continue for more than 1 year or
involve more than one phase or stage.
Excavation for mining purposes that would remove
more than 1,000 tons of natural material (i.e., rock or
soil) per year.
[] [] []Yes DNo
[] [] []Yes r' No
[] [] DYes r--INo
Page 11 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact tmpact Project Change
Construction or expansion of a santary landfill.
Construction in a designated floodway.
Other impacts:
[]
[]
[]
Will there be an effect to any unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc.)
Specific land forms:
Impact on Water
Wiil Proposed Action affect any water body designated as protected?
(Under Article~' 15, 24, 25 of the Environmental Conservation Law,
ECL) ,
r"lN0~
[]YES
Examples that would apply to column 2
Developable area of site contains a protected water body.
Dredging more than 100 cubic yards of material from channel of
a protected stream.
Extension of utility distribution facilities through a protected water
body.
Construction in a designated freshwater or fida[ wetland.
Ot~er impacts:
[] r'lYes r~No
[] I--lyes I-I.o
[] I--lYes I--I.o
I
[] DYes •No
[] [] DYes •No
[] [] []Yes •No
[] [] DYes r']No
Will Proposed Action affect any non-protected existing or new body of
water?
rn.o I--lYES
Examples that would apply to oolumn 2
A 10% increase or decrease in the surface area of any body of
water or more than a 't 0 acre increase or decrease.
Construction of a body of water that exceeds 10 acres of surface
area.
Other impacts:
I
[] [] DYes I--I.o
[] [] r~Yes r'~No
[] [] DY~ D"o
Page 12 of 21
Will Proposed Action affect surface or groundwater quality or
quantity?
Examples that would apply to column 2
Proposed Action will require a discharge permit.
Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
Proposed Action requires water supply from wells with greater
than 45 gallons per minute pumping capacity.
Construction or operation causing any contamination of a water
supply system.
Proposed Action will adversely affect groundwater.
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
Proposed Action would use water in excess of 20,000 gallons
per day.
Proposed Action will likely cause siltation or other discharge into
an existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Proposed Action wilt require the storage of petroleum or
chemical products greater than 1,100 gallons.
Proposed Action will allow residential uses in areas without
water and/or sewer services.
Proposed Action locates commercial and/or industrial uses
which may require new or expansion of existing waste treatment
and/or storage facilities.
Other impacts:
I
1
Small to
Moderate
Impact
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
2
Potential
Large
Impact
3
Can Impact Be
Mitigated by
Project Change
DYes DNo
DYes DNo
I'-]Yes E]~o
I--IYas E]"o
~Yes E]No
E]Yes I-INo
I~Yes E]"o
E]Yes E]No
E]Yes DNo
r-'] Yes E]No
Page 13 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact impact Project Change
Will Proposed Action alter drainage flow or patterns, or surface water
runoff?
D"O ElYEs
Examples that would apply to column 2
Proposed Action would change flood water flows []
Proposed Action may cause substantial erosion. []
Proposed Action is incompatible with existing drainage patterns. []
Proposed Action will allow development in a designated []
floodway.
Other impacts: []
IMPACT ON AIR
[] []Yes E]No
[] []Yes E]"o
[] []Yes []No
I-1Y~ I'-I.o
[]Yes []No
7. Will Proposed Action affect air quality?
[]NO ~YES
Examples that would apply to column 2
Proposed Action will induce 1,000 or more vehicle trips in any LJ
given hour.
Proposed Action will result in the incineration of more than 1 ton []
of refuse per hour.
Emission rate of total contaminants will exceed 5 lbs. per hour []
or a heat source producing more than 10 million BTU's per
hour.
Proposed Action will allow an increase in the amount of land
committed to industrial use.
Proposed Action will allow an increase in the density of
industrial development within existing industrial areas.
Other impacts:
I
IMPACT ON PLANTS AND ANIMALS
[]
[]
[]
[]
[]
[]
]Yes []No
[]Yes l"lNo
[]Yes ~No
]Yes ~No
DYes
E]Yes E]No
Will Proposed Action affect any threatened or endangered species?
Examples that would apply to column 2
Reduction of one or more species listed on the New York or
Federal list, using the site, over or near
the site, or found on the site.
]Yes DNo
Page 14 of 21
Removal of any portion of a critical or significant wildlife habitat.
Application of pesticide or herbicide more than twice a year,
other than for agricultural purposes.
Other impacts:
9. Will Proposed Action substantially affect non-threatened or non-
endangered species?
Examples that would apply to column 2
Proposed Action would substantially interfere with any resident
or migratory fish, shellfish or wildlife species.
Action requires the removal of more than 10 acres of
Proposed
mature forest (over 100 years of age) or other locally important
vegetation.
Other impacts:
10. Will Proposed Action affect agricultural land resources?
[].o []YES
Examplas that would apply to column 2
The Proposed Action would sever, cross or limit access to
agricultural land (includes cropland, hayfields, pasture, vineyard,
orchard, etc.)
Construction activity would excavate or compact the soil profile of
a§ricultural land.
The Proposed Action would irreversibly convert more than 10
acres of agricultural land or, if located in an Agricultural District,
more than 2.5 acres of agricultural land.
1 2 3
Smali to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
[] [] []Yes []No
]Yes []No
DYes []No
Dyes
]Yes []No
DYes []No
]Yes ~'~No
[]Yes r'~No
Page 15 of 21
The Proposed Action would disrupt or prevent installation of
agricultural land management systems (e.g., subsurface drain
lines, outlet ditches, strip cropping); or create a need for such
measures (e.g. cause a farm field to drain poorly due to
increased runoff).
Other impacts:
IMPACT ON AESTHETIC RESOURCES
1 2 3
Small to Potential Can impact Be
Moderate Large Mitigated by
Impact Impact Project Change
[] []
11. Will Proposed Action affect aesthetic resources? (If necessary, use
the Visual FAF Addendum in Section 617.20, Appendix B.)
E]NO DyES
Examples that woutd apply to column 2
Proposed land uses, or project componants oh¥iously different
kom or in sharp contrast to current surrounding land use
patterns, whsther man-made or natural.
Proposed lar. d uses, or project components visible to users of
aesthetic ~'e~.~urces which will eliminate or significantiy reduce
their enjoy~lent of the aesthetic qualities of that resource.
Project components that will result in the elimination or
significant screening of scenic views known to be important to
the area.
Other impacts:
[] [] DYes ONe
[] [] Oyes
[] [] I-ly I--1No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Prpposed Action impact any site or structure of historic,
prehistoric er paleontological importance?
E]NO E!Y~S
Examples that would apply to column 2
Proposed Action occurring wholly or partially within or U
substantially contiguous to any facility or site listed on the State
or National Register of historic places.
Any impact to an archaeological site or fossil bed located within []
the project site.
Proposed Action will occur in an area designated as sensitive []
for archaeological sites on the NYS Site Inventory.
[] EINo
[] DYes
[] DYas
Page 16 of 21
Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13. Will proposed Action affect the quantity or quality of existing or future
open spaces or recreational opportunities?
[] No []YES
Examples that would apply to column 2
The permanent foreclosure of a future recreational opportunity.
A major reduction of ar~ open space important to the community.
Otherimpacts:
1 2
Small to Potential
Moderate Large
Impact Impact
3
Can Impact Be
Mitigated by
Project Change
[~] Yes r~No
[] [] r-I~es
[] [] I-lYes ~No
[] [] DYes •No
IMPACT ON CRJ'FICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique
characteristics of a critical environmental area (CEA) established
pursuant to subdivision 6NYCRR 617.14(g)?
List the environmental characteristics that caused the designation of
the CEA.
Examples that would apply to column 2
Proposed Action to locate within the CEA?
Proposed Action will result in a reduction in the quantity of the
resource?
Proposed Action will result in a reduction in the quality of the
resource?
Proposed Action will impact the use, function or enjoyment of the
resource?
Other impacts:
[] []
[] []
[] []
[] []
[] []
r"'lYes []No
[]Yes []No
I'lYes •No
I-lyes •.o
E]~aa r-INo
Page 17 of 21
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems?
rqNo DYES
Examples that would apply to column 2
Alteration of present patterns of movement of people and/or
goods.
Proposed Action will result in major traffic problems,
Other impacts:
IMPACT ON ENERG~
16. Will Proposed Action affect the community's sources of fue~ or
energy supply?
ON• r-lYES
Examplea that would apply to column 2
Proposed Action will cause a greater than 5% increase in the
use of any form of energy in the municipality.
Proposed Action well require the creation or s×tension of an
energy tranamission or supply system to serve more than 50
single or two family residences or to serve a major commercial
or induetrial use.
Other impacts:
NOISE AND ODOR IMPACT
17. Will there be objectionable odors, noise, or vibration as a result of
the Proposed Action?
I--1NO OYES
Examples that would apply to column 2
Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
Odors will occur routinely (more than one hour per day).
Proposed Action will produce operatin9 noise exceeding the
local ambient noise levels for noise outside of structures.
Proposed Action will remove natural birders that would act as a
noise screen.
Other impacts:
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
[] [] OYes ON•
[] [] Dyes ON•
[] [] Dyes ON•
[] [] /~0 Yes ON•
[] [] []Yes •No
O [] []Yes I--l.o
[] [] DYes ON•
[] [] OYes
[] [] OYes
[] [] DYes []No
1'1 [] DYes DNo
Page 18 of 21
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
impact Impact Project Change
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?
Proposed Action may cause a risk of explosion or release of
hazardous substances (i.e. oil, pesticides, chemicals, radiation,
etc.) in the event of accident or upset conditions, or there may be
a chronic Iow level discharge or emission.
Proposed Action may result in the burial of "hazardous wastes"
in any form (i.e. toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Storage facilities for one million or more gallons of liquefied
natural gas or other flammable liquids.
Proposed Action may result in the excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous waste.
[]
[]
[]
Other impacts: []
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
19. Will Proposed Action affect the character of the existing community?
Examples that would apply to column 2
The permanent population of the city, town or village in which the L.U
project is located is likely to grow by more then 5%.
Th.e municipal budget for capital expenditures or operating []
services will increase by more than 5% per year as a result of
this project.
Proposed Action will conflict with officially adopted plans or []
goals.
Proposed Action will cause a change in the density of land use. []
Proposed Action will replace or eliminate existing facilities, []
structures or areas of historic importance to the community.
Development will create a demand for additional community []
services (e.g. schools, police and fire, etc.)
[] DYes
[] DYes []No
[] DYes I--l.o
[] DYes []No
[] DYes []No
[] DYes •No
[] OYes I--I.o
[] DYes •No
[] •Yee I--l.o
[] []Yes []No
[] •Yea ~.o
Page 19 of 21
Proposed Action will set an important precedent for future
projects.
Proposed Action will create or eliminate employment.
Other impacts:
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
[] [] DYes I-l.o
[] [] []Yes •No
[] [] I--lyes [].o
20. Is there, or is there likely to be, public controversy related to potential
adverse environment impacts?
If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of
Impact, Proceed fo'Part 3
Page 20 of 21
Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may
be mitigated.
Instruction~ (If you need more space, attach additional sheets)
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by
project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
! The probability of the impact occurring
! The duration of the impact
! Its irreversibility, including permanently lost resources of value
! Whether the impact can or will be controlled
! The regional consequence of the impact
I Its potential divergence from focal needs and goals
~ Whether known objections to the project relate to this impact.
Page 21 of 21 ~!
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 11/01/04
Transaction(s):
Application Fees
Receipt"8:
66914
Subtotal
$250.00
Check#: 66914
Total Paid: $250.00
NOV - 3
Name:
Mullen, Motors Inc.
P. O. Box 1408
Southold, NY 11971
Clerk ID: LINDAC Internal ID: 101547
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 10/27/04
Receipt#: 47692
Transaction(s):
1
Application Fees
Subtotal
$250.00
Check#: 47692
Total Paid: $250.00
Name:
Mullen, Motors Inc.
P. O. Box 1408
Southold, NY 11971
Clerk ID: LINDAC Internal ID: 101460
......................... ~-~ 062
LARK & FOLTS
Attorneys at Law
28785 MAIN ROAD
PO BOX 973
CUTCHOGUE, NEW YORK 11935
Tele. No. (631) 734-6807
Fax No, (631) 734-5651
RICHARD F. LARK
MARY LOU FOLTS
April 21, 2005
Ms. Jerilyn B. Woodhouse
Southold Town Planning Board
Town Hall Annex, 54375 State Route 25
P. O. Box 1179
Southold, NY 11971
RE: Lot-line Change for Mullen Motors, Inc.
(SCTM #1000-062.00-03.00-020.000 and 022.001)
Ms. Woodhouse:
Pursuant to the resolution of the Southold Town Planning
Board adopted on January 10, 2005, I am enclosing the following:
Certified copy of the recorded deed from
RWM Enterprises, Inc. to Mullen Realty, L.P.
dated March 29, 2005 and recorded in the
Suffolk County Clerk's Office on April 20,
2005 in Liber 12383 Page 225.
Revised map dated Feb. 2, 2005 prepared by
Peconic Surveyors, P.C.
If you have any questions, do not hesitate to call.
Very t~ly yours,
RS~hard F. Lar~
RFL/bd
Enclosures
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 3
Receipt Number : 05-0042261
TRANSFER TAX NUMBER: 04-37719
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
062.00 03.00
EXAMINED AND CHARGED AS FOLLOWS
$o.oo
Received the Following Fees For Above Instrument
Exempt
Page/Filing
COE
EA-CTY
TP-584
RPT
Transfer tax
$9 00
$5 oo
$5 oo
$5 oo
$30 oo
$0 00
TP~%NSFER TAX NUMBER: 04-37719
NO Handling
NO NYS SRCHG
NO EA-STATE
NO Cert. Copies
NO SCTM
NO Comm. Pres
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
04/20/2005
01:58:48 PM
D00012383
225
Lot:
022.003
Exempt
$5.00 NO
$15.00 NO
$165.00 NO
$5.00 NO
$0.00 NO
$0.00 NO
$244.00
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
REC:OF:DED
2005 F¥.,f' 20 01:5,9:4S Pt'l
Ed~,Ja rd P,, ¢.orr~a me
CLE~'.K OF
SUFFOLK C:OLIHTV
L DO0012583
P 225
DT~ 04-37719
Recording / Filing Stamps
31
FEES
Page / Filing Fee
Handling 5. 00
TP-584
Notation
EA-52 17 (County) ,,) __
EA~5217 (State)
R.P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
C.Certified~__~C~) :- __
NYS Surcharge 15. 00
Other
4 1000
Dist.
Real Prope
Tax Servic
Agency
Verificatio
Sub Total ~?~/
Sub Total
Grand Total c,~/~/-, ~
I ~.,~ ,-~, I ¢.o ,-.¢. I ~,/,-. '~22.001
05015251 ~ooo 06200 0300 022003
dSatisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
81
LARK & FOLTS ESQS
PO BOX 973
CUTCHOGUE NY 11935
~o.[Name
Title#
5
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointment
(?
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
Community Preservation Fund
Consideration Amount $ N/A
CPF Tax Due $ ¢
Improved
Vacant Land
ID / (9
TD
TD
Title Company Information
N/A
N/A
Suffolk County Recording & Endorsement Page
This page forms part of the attached
Deed made by:
(SPECIFY TYPE OF INSTRUMENT)
RWM ENTERPRISES, INC.
Thepremiseshereinissituatedin
SUFFOLK COUNTZ NEW YORK.
TO In the Township of Southold
MULLEN REALTY, L.P. In the VILLAGE
or HAMLET of Southold
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
Page 1 of 3 (over)
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware
the following:
If a portion of your monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property t~
statements.
Local property taxes are payable twice a year: on or before Janua .ry 10'~' and on or before May 31~'
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, N.Y. 11757
(631) 957-3004
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead, N.Y. 11901
(631) 727-3200
Brookhaven Town Receiver of Taxes
250 East Main Street
Port Jefferson, N.Y. 11777
(631) 473-0236
Shelter lsland Town Receiver of Taxes
Shelter Island Town Hall
Shelter Island, N.Y. 11964
(631) 749-3338
East Hampton Town Receiver of Tauxes
300 Pantigo Place
East Hampton, N.Y. 11937
(631) 324-2770
Smithtown Town Receiver of Taxes
99 West Main Street
Smithtown, N.Y. 11787
(631) 360-7610
Huntington Town Receiver of Taxes
100 Main Street
Huntington, N.Y. 11743
(631) 351-3217
Southampton Tovm Receiver of Taxes
116 Hampton Road
Southampton, N.Y. 11968
(631) 283-6514
Islip Town Receiver of Taxes
40 Nassau Avenue
Islip, N.Y. 11751
(631) 224-5580
Southold Town Receiver of T~es
53095 Main Street
Southold, N.Y. 1197l
(631) 765-1803
aw
2/99
Sincerely,
Edward P. Romaine
Sufiblk County Clerk
0 N.Y.S.
RANSFER TA~
TAMPS
EQUIRED
Form 8002 (9/99) 20M -- Ba~and Sale Deed, with Covenants against Gramor's Acts--~idual or Corporation. (single sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THIS INDENTURE, made the29 th day of March 2005 and
BETWEEN RWM ENTERPRISES, INC., a domestic corporation having its
principal place of business at 1625 Yennecott Drive, Southold, New York
11971
partyofthefirstpartand MULLEN REALTY, L.P., a New York limited partnership
having its principal place of business at 1775 Mill Creek Drive, Sou)hold,
New York 11971
party of the second 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 the party of the second part, the heirs or successors and
assigns of the party of the second part forever,
ALL that certain plot, piece m' parcel of land. with the buildings and improvements thereon erected, situate, lying and
beinginthe at Southold, Town of Sou)hold, County of Suffolk and State of
New York, being more particularly bounded and described as follows:
BEGINNING at a monument on the southerly side of Main Road (N.Y.S.
Rte. 25), which monument and place of beginning is located North 87° 02'
00" East 100.00 feet from the corner formed by the intersection of the
southerly side of Main Road (N.Y.S. Rte. 25) and the easterly side of
Cottage Place; running thence from said point of beginning North 87° 02'
00" East 33.87 feet to other land of RWM Enterprises, Inc.; running thence
along said last mentioned land the following three (3) courses and
distances: (1) South 15° 32' 00" East 85.12 feet; (2) South 74° 04' 20"
East 53.01 feet; and (3) South 18° 04' 20" East 48.07 feet to other land of
RWM Enterprises, Inc.; running thence along said last mentioned land and
land of Mullen Realty, L.P. South 71° 55' 40" West 80.72 feet; running
thence along land of Mullen Realty, L.P. North 15° 32' 00" West 171.74 feet
to a monument on the southerly side of Main Road (N.Y.S. Rte. 25) and the
point or place of BEGINNING.
BEING AND INTENDED TO BE part of the same premises conveyed to the
party of the first part by deed dated June 14, 2000 and recorded in the
Suffolk County Clerk's Office on June 27, 2000 in Liber 12051 Page 820
(SCTM #1000-062.00-03.00-022.001).
The above described property contains 8,451 sq. ft. and is added to
and merged with an existing 18,271 sq. ft. parcel which is adjacent on the
west and owned by Mullen Realty, L.P. by virtue of a deed dated December
10, 1998 and recorded in the Suffolk County Clerk's Office on December 15,
1998 in Liber 11934 Page 213 (SCTM #1000-062.00-03.00-020.000).
TOGETHER with all right, title and iuterest, il' any. of the party of the first part, in and to any streets und roads
abutling the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the
estate and rights n) the parly of the lirst parl in andio snid premises: TO HAVE AND TO HOLD the premises herein
granted unto the party nfthe second part. the heirs or successors and assigns of the party of the second part fro'ever.
AND the party ol the first part covenants that the party of the first purt has not done or suffered anything whereby
thc suid prenrises huve been encumbered in any way whatever, except us aforesaid.
AND the putty o[the first purr. in compliance with Section 13 of the Lien Law. covenants that the parly or'thc
first part will receive the consideration for this conveyance and will hold the right to receive such consider-
ation as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as il' it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed ~his deed the day and year first ubove
written.
RWM ENTERPRISES, INC.
--Richard F. Mullen~ III, President
Page 2 of 3
Public
Nob,5' PuSIb, Stere of New Y0r~
hi.~ Ol D~4~35190.8uffol~ Coun~
Com~ ss ou cx~, es Od, 3L
Acknowledgement by Subscribing Witness taken in New
York State
State of New York, County of
, SS:
On the day of , in the year
the undersigned, personally appeared
, before me,
the subscribing witness to the foregoing instrument, with whom
I am personally acquainted, who being by me duly sworn, did
depose and say, that he/she/they reside(s) in
that he/she/they know(s)
to be the individual described in and who executed the
foregoing instrument; that said subscribing witness was
present and saw said
execute the same; and that said witness at the same time
subscribed his/her/their name(s) as a witness thereto.
.~jii~~r' ~dred
e or proved to me on the basis of
.race to be the individual(s) whose name(s) is
¢,med to the within instrument and acknowledged to
.,,at he/she/they executed the same in his/her/their
,;apacify(ies), and that by his/her/their signature(s) on the
instrument, the individual(s) or the person upon behalf of which
the individual(s) acted, executed the instrument.
Acknowledgement taken outside New York State
* State of , County of
* (or insert District of Columbia, Territory, Possession or
Foreign Country)
, SS:
On the day of , in the year
the undersigned, personal~y appeared
, before me,
personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their
capacity(les), that by his/her/their signature(s) on the
instrument, the individual(s) or the person upon behalf of which
the individual(s) acted, executed the instrument, and that such
individual made such appearance before the undersigned in the
(add the city or political subdivision and the state or country or
other place the acknowledgement was taken).
Title No.:
RWN ENTERPRISES, INC.
TO
NUI,LEN REALTY, L.P.
Distributed by
Chicago Title Insurance Company
Page
of 3
SECTION
BLOCK
LOT
COUNTY OR TOWN
RETURN BY MAILTO:
LARK & FOLTS ESQS
PO BOX 973
CUTCHOGUE NY 11935
Zip No.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
January10,2005
MAII~NG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southo]d, NY
Telephone: 631 765-1938
Fax: 631 765-3136
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environ'mental Impact Statement will not be prepared.
Name of Action:
SCTM#:
Location:
Proposed Lot Line Change for Mullen Motors, Inc.
1000-62-3-19,20,22.1 &24.1
The property is located on the south side of State Route 25 and the
east side of Cottage Place in Southold
SEQR Status: Type I 0
Unlisted (X)
Conditioned Negative Declaration:
Yes ( )
No (X)
Description of Action: This proposal is for a lot line change and merger that will transfer
8,551 sq. ft. from SCTM# 1000-62-3-22.1 to SCTM# 1000-62-3-20 and merge SCTM#
1000-62-3-19 with SCTM# 1000-62-3-20. Following the transfer and merger, SCTM#
1000-62-3-22.1 will equal 21,255 sq. ft. and SCTM# 1000-62-3-20 will equal 44,252 sq. ft.
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed and it was
determined that no significant adverse effects to the environment were likely to occur
should the project be implemented as planned.
SEQR Negative Declar~n - Pa.qe Two
The determination was based upon the following:
No substantial adverse change in existing air quality, ground or surface water quality or
quantity, traffic or noise levels; no substantial increase in solid waste production, potential
for erosion, flooding, leaching or drainage problems will occur as a result of this action.
No significant removal or destruction of large quantities of vegetation or fauna; no
substantial interference with the movement of any resident or migratory fish or wildlife
species; no significant impacts on a significant habitat area; no substantial adverse impacts
on a threatened or endangered species of animal or plant, or the habitat of such a species;
no other significant adverse impacts to natural resources will occur.
The proposed action is not in a material conflict with a community's current plans or
goals as officially approved or adopted.
The proposed action will not impair the character or quality of important historical,
archaeological, architectural, or aesthetic resources or of existing community or
neighborhood character.
No major change in the use of either the quantity or type of energy will occur.
No creation of a hazard to human health will occur.
The proposed action will not cause a substantial change in the use, or intensity of use,
of land including agricultural, open space or recreational resources, or in its capacity to
support existing uses.
Based upon such, no significant adverse impacts to the environment are expected to
occur should the project be implemented as planned.
For Further Information:
Contact Person: Anthony Trezza, Senior Planner
Address: Southold Town Planning Board
Telephone Number: (631) 765-1938
enc.
cc:
NYS DEC
Elizabeth Neville, Town Clerk
Applicant
SUBIMAL CHAKRABORT[, P.E.
REGIONAL DIRECTOR
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATIO~
250 VETERANS MEMORIAL HIGHWAY"
HAUPPAUGE, N.Y. 11788-5518
December 16, 2004
Mr. Tom McCarthy
McCarthy Management, Inc.
46520 County Road 48
Southold, NY 11971
Dear Mr. McCarthy:
Your 10/27/04 Submission
Mullen Motors
Survey Dated September 24, 2004
Route 25, Southold
SCTM# 1000-62-03-11,19,20, 22.1, 24.1
Our Case No. 04-179P
This is in regard to the site plans for the referenced project which were submitted to us for
review.
Prior to an ap2roval of the site's access and issuance of a New York State Highway Work
Permit, the following items must be addressed:
Based On the location of the new property line there does not appear to be an operational
need for two (2) access points along this site frontage. The two (2) access points shown
along the Route 25 frontage shall be removed and replaced with one (1) access point. The
plans shall be revised accordingly with all work and material details referenced to
NYSDOT specification item numbers.
A driveway profile or on site elevations, including elevations at the State highway right-
of-way line, shall be shown on the plans to insure that all drainage is contained on site
since we do not permit runoff from property onto the State highways.
Existing and proposed access along Cottage Place shall be shown on the plans.
A note shall be added to the plans requiring the contractor to clean existing drainage
basins along and immediately adjacent to the Route 25 site frontage at the completion of
construction.
The subject site is within the limits of our Capital Program Project, PiN 0041.99,
D259518, which was let to contract on March 18, 2004. All permit work must be
coordinated with our Construction Group. Please include the following note on the plans:
"All permit activities must be coordinated with NYSDOT Project D259518, PIN
Mr. Tom McCarthy
December 16, 2004
Page 2
0041.99, to prevent Maintenance & Protection of Traffic (MPT), drainage and utility
installation conflicts. The Engineer-in-Charge (EIC), Mr. Joe Ludwig shall be contacted
~ (631) 734-7590 prior to commencing any work."
8. The plan must include the note "Repair existing shoulder, sidewalk and curbing as
ordered by State Engineer."
A note shall be added to the plans stating which consecutive reference markers the site
falls between or the reference markers shall be shown on the plan.
10.
Any utility work proposed in State Highway right-of-way will require separate
application and submission of plans (installation details, restoration details and
Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification
item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead
Maintenance facility. The applicant may coutact Mr. Kevin Matthaei at (631) 727-1731
for further directions regarding Utility Highway Work Permit (HWP)applications l'he
applicant should be made aware that utility HWP issuance is subject to issuance of the
HWP required for site work.
Please submit four sets of revised plans.
Review of the subject material is being coordinated by ;Mr. Mark Wolfgang. He can be contacted
at (631) 952-7973 if you have any questions regarding this matter. Please send all
correspondence to his attention. Kindly refer to the subject case number and County tax map
number in all correspondence.
Thank you for your cooperation concerning this matter.
Very truly yours,
SHAIK A. SAAD, P.E.
Civil Engineer III
Traffic Engineering and Safety
~r. Peter Harris, Superintendent of Highways, Town of Southold
s. Valerie Scopaz, Planning Director, Town of Southold
SAS:MW:DW
Me~ARTHY MANAGL:~NT ~IC,
46520 County Road 48
SOU~'IOLD, NEW YORK 11971
WE ARE SEND
[] Samples
THESE ARE TRANSMITTED as checked below:
[] For approval
L~ For your use
> [3 As requested
[] For review and comment
[] FOR BIDS DUE
REMARKS
E] Approved as submitted
[] Approved as noted
E] Returned for corrections
[]
[] Resubmit
approval
E~ Submit ~ copies for distribution
[] Return
~ corrected prints
PRINTS RETURNED AFTER LOAN TO US
COPy TO
'RODUCT 240T
MULLEN MOTORS, INC.
MAIN ROAD
SOUTHOLD, NY 11971
To Whom It May Concern:
Mullen Motors, Inc. authorizes Thomas $. M~Carthy and/or McCarthy Management, Inc.,
to act on our behalf in reference to Mullen Motors, Inc. located at Route 25, Southold,
NY 11971, SCTM # 1000-62-03-20 & 22.1. Thank you.
Sincerely,
Richard Mullen
Presidemt
?
RICHARD F. LARK
MARY LOU FOLTS
LARK & FOLTS
Attorneys at Law
28785 MAIN ROAD
CUTCHOGUE, NEW YORK 11935
Tele. No. (631) 734-6807
Fax No. (631) 734-5651
MAILING ADDRESS:
PO BOX 973
CUTCHOGUE NY 11935
December 27, 2004
Southold Town Planning Board
Town Hall, 53095 State Route 25
P. O. Box 1179
Southold, NY 11971
RE: Lot-line Change for Mullen Motors, Inc.
(SCTM 01000-062.00-03.00-020.000 and 022.001)
Gentlemen:
I am enclosing a copy of the decision of the Southold Town
Board of Appeals dated 12/6/04 granting the variances which allow
for the lot-line application submitted to the Board on August 20,
2004 to go forward.
On behalf of the applicant, pursuant to §A106-28 of the
subdivision regulations, I am hereby requesting a waiver of the
final public hearing before the Planning Board for the lot-line
portion of the application.
RFL/bd
Enclosure
Very truly yours,
Richard F~i L~k
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jrt
http://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold T~wn Hall
53095 Main Road
EO. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809 ·
Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 4, 2004
ZBA Ref. 5598 and 5599 - Mullen Motors (Mullen Realty)
Property Location: Main Road, Cottage Place, and Locust Avenue, Southold
CTM Ref. 1000-62-3-19, 20, 22.1, 24.1
SEQRA DETERMINATION: The Zoning [~oard of Appeals has visited the property under
consideration in' tJ-~'application and determines that this review falls under the Type II category of
the State's List of Actions, without an adverse effect on the environment if the project is implemented
as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's parcels consist of a total ar-~a of 90,102
square feet with 302.60 ft. frontage along the east side of Cottage Place, 298.92 feet along the south
side of Main Road (State Route 25), and 285.39 feet along the west side of Locust Avenue, in
Southold. The property is located in the General Business (B) Zone District. The northwesterly
parcel (CTM 19 and 20) is improved with a dealership for sales of new and used cars and trucks,
and service-repair center, with related accessory uses and parking areas. The easterly parcel (CTM
22.1) is improved with four (4) buildings occupied by various businesses. The southeasterly parcel
(CTM 24.1) is used for parking related to the adjacent business properties.
BASIS OF APPLICATION: Building Department's March 25, 2004 Notice of Disapproval, amended
August 12, 2004, citing Sections 100-102 (Bulk Schedule), 100-103C and 100-243 in its denial of a
request for a lot line change and to build additions with alterations to the existing car dealership and
service center. The reasons stated in the Notice of Disapproval are that, with the proposed lot line
change, the applicant's plan does not meet the code requirements for: (a) minimum single side yard
at 25 feet, (b) maximum lot coverage of 30 percent, (c) minimum lot size of 30,000 sq. ft., (d)
building will have more than 60 linear feet on one street, and (e) the uses are nonconforming, since
the property was not issued a special exception, and the overall footprint is being increased by more
than 15 percent.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on October 21, 2004 at which
time written and oral evidence were presented. Based upon all testimony, documentation, personal
inspection of the property, and other evidence, the Zoning Board finds the following facts to be true
and relevant:
SPECIAL EXCEPTION
Page 2 ¢lovember 4, 2004
File No. 5598 and 5599 - Mutlen Motors
CTM Id: 62-3-19, 29, 22.1,24.1
SPECIAL EXCEPTION REQUEST/CODE PROVISION: A Special Exception under 100-101B(12)
for a car and truck dealership (sale of new and use motor vehicles) and public garage (service
center and repair of motor vehicles). All parking and screening will be determined by the Southold
Town Planning,~Board as provided under the Zoning Code site plan regulations for the General
Business (B) Zone District,
STANDARDS/REAS~)NS.t.~.R BOARD ACTION: After review of the requirements set forth
pursuant to Chapter 100 governing dealerships and repair/service center uses by Special Exception
review, and on the basis of testimony presented and personal inspection, the Board finds:
1. Car and truck dealerships and repaidservice center uses are permitted in this General Business
Zone District under Section 100-101B(12) of the Town Zoning Code, subject to special exception
authorization of the Zoning Board of Appeals. Since prior to 1960 a car dealership and service
center has existed at the property, and the Town has issued numerous determinations relative to the
use on portions of this property for these uses. The applicant is requesting a Special Exception for
conforming uses, rather than the uses determined by the Building Department as nonconforming
uses. The uses are in harmony with the zoning ordinance and the uses will remain exactly the same
as it was prior to this application, in that the building areas will be modernized and lot line change
will provide for improvements in ingress and egress without having vehicles back out on the public
street, and servicing of vehicles inside the proposed new construction area.
2. In addition, the Board has reviewed the General Standards governing Special Exception uses
set forth in Section 100-263 and finds that:
A) The use is a continuation of the current uses at the property. The existing building will be
modernized and allow for reasonable expansion, providing for a safer environment for its customers
and employees.
B) This use will not prevent orderly and reasonable use of permitted or legally established
uses in this zone district or adjacent use district. The use is not a change of the existing use. The
renovation and addition will meet or exceed all of the current federal, state, county work-related
safety and health requirements.
C) The safety, health, welfare, comfort, convenience, and the order of the town will not be
adversely affected by the new construction, renovations to the existing building, and lot line change,
as proposed and its location.
D) The use will be in harmony with and will promote the general purposes and intent of the
code.
E) The use is compatible with its surroundings and with the character of the neighborhood
Page 3- November 4, 2004 t
File No. 5598 and 5599 - Mulle~'"~otors
CTM Id: 62-3-19, 29, 22.1,24.1
and of the community in general, particularly with regarding to visibility, scale and overall
appearance.
F) The structures, equipment and material will be accessible for emergency protection.
In making this determination, the Board has also reviewed other matters under Section 100-264, and
,finds~at no adverse conditions will result from this authorization:
A. T'here will be no adverse change in the character of the existing and probable development of
uses in the district and the peculiar suitability of such district for the location of such permitted uses.
B. Property values will be conserved. A car dealership and service center has existed at this
property for over 45 years, and the General Business Zone provides for such use, allowed by
Special Exception approval from the Board of Appeals and site plan approval from the Planning
Board.
C. The Iocatio~ of the proposed addition and renovations to the existing building will not cause traffic
congestion on public streets, highways and sidewalks.
D. There is availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or
otherwise) as a result of this use.
E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or
soot. Outside storage is not proposed or authorized.
F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise.
G. The continued operations as car dealership and service/repair center will not cause undue
interference with the orderly enjoyment by the public of parking or of recreational facilities, existing
or proposed by the town or by other competent governmental agencies.
H. Off-street parking of vehicles incidental to the use and whether such space is reasonably
adequate and appropriate is subject to review and approval of the Southold Town Planning Board
under the site plan regulations.
I. There is no evidence to show that there will be any hazard to life, limb or property because of fire,
flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the
accessibility of the property or structures thereon for the convenient entry and operation of fire and
other emergency apparatus. There will not be any undue concentration or assemblage of persons
upon such plot in the operations as a landscaping business.
Page 4 - November 4, 2004
File No, 5598 and 5599 - Mullen Motors
CTM Id: 62-3-19, 29, 22,1,24.1
J. The continued use and the building location will not cause an overcrowding of land or undue
concentration of population.
K. The plot area has been deemed sufficient, appropriate and adequate for this use.
L. The use is not unr~a%onably near a school, theater, recreational area or other place of public
assembly.
M. The site is suitable for the new construction under the continued car and truck sales and
service/repair center uses and related accessory uses considering its size and the character of the
neighborhood.
N. Concerns with respect to outside storage of debris has been addressed as a condition of this
Special Exception. No other evidence has been presented to show that there would be any
detrimental impact to adjacent properties and land uses.
O. Adequate provision has been made for the collection and disposal of storm-water runoff,
sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project.
P. The natural characteristics of the site are such that the proposed use may be introduced without
undue disturbance or disruption of important natural features, systems or processes and without risk
of pollution to groundwater and surface waters on and off the site.
VARIANCE REQUESTS:
AREA VARIANCES REQUESTED: The proposed lot line change will (a) increase the setback, after
the proposed addition, on the existing single side yard, from 2 feet to 4+- feet; (b) Lot No. 2 will
become more nonconforming from 26,806 sq. ft. to 21,355 sq. ft. it is noted that the lot coverage will
comply with the code's 30 percent limit for Lot 2, and Lot 1 will be conforming with 44,152 square
feet.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
Grant of the variances will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties. The variances requested are for a long-
established business located in the hamlet center of Southold. The applicants seek to
make renovations, to enlarge the existing building to modernize the existing car dealership,
to provide more efficient service for its customers, and to bring the facilities up to current
day standards and regulations.
Page 5- November 4, 2004 ·
File No. 5598 and 5599 - Mulle?~otors
CTM id: 62-3-19, 29, 22.1, 24.1
2. The proposed lot line change will create a conforming lot of 44,152 sq. ft. on lot No. 1 and
will also decrease the existing lot coverage from 49.5 percent to 32.2 percent, 2.2 percent
over the code's allowable 30 percent maximum. Although the lot size of Lot No. 2 will
become more nonconforming from 26,806 sq. ff. to 21,355 sq. ft., there will be no change in
the existing buildings and the lot coverage will comply with the 30 percent limit. The project
~, , and. new site design will also improve traffic flow and congestion on Cottage Place,by
:.' .'~: :,. ~'fir~inating ihe multiple entrances and exits now required for servicing. The new desig, n'~ill
alio~, all work to be conducted on site without the need to enter and exit Cottage Place for
the various phases of service performed on vehicles.
The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Due to the limited size of the lot areas,
and the existing nonconforming configuration of the buildings, no expansion or renovation
would be possible without variances.
The setback variances granted herein are substantial in relation to the code but represent
no change in the preexisting nonconforming setback. The area variances granted for lot
size are not significant and result in one conforming lot (No 1 ) and nonconforming lot (No. 2)
where two nonconforming lots existed.
5. The alleged difficulty has been self-created.
No evidence has been submitted to suggest that a variance in this residential community
will have an adverse impact on the physical or environmental conditions in the neighbor-
hood.
Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a modernized, improved car dealership, while preserving
and protecting the character of the neighborhood and the health, safety and welfare of the
community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Tortora, Seconded by
Member Dinizio, and duly carried, to
GRANT the Special Exception and Variances, as applied for, as shown on the plan dated
Page 6 - November 4, 2004
File No. 5598 and 5599 - Mullen Motors
CTM Id: 62-3-19, 29, 22.1,24.1
June 9, 2004, amended July 20, 2004 by Peconic Surveyors, P.C., and 12~8-02 diagrams
prepared by William T. Medlow, Architect.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action. ~'.~.
Vote of the Board: Ayes: Members Oliv~(~hairwoman), Goehringer, T. ortora, Orlando, and Dini?ol
This Resolution was duly ~l'dopted (5-0)/.~ . ....~ F~ f"~'\ ('~ ..
Ruth D. Oliva, Chairwoman 12/6/04
Approved for Filing
Sender:
Submission Without a Cover Letter
Subject:
SCTM#: 1000-
Comments:
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 1197~1
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
October 26, 2004
Richard Lark, Esq.
Lark and Folts
28785 Main Road
Cutchogue, NY 11935
Re:
Proposed Lot Line Change for Mullen Motors, Inc.
Located on the south side of Main Road and the east side of Cottage
Place in Southold
SCTM#1000-62-3-19,20,22.1 & 24.1 Zoning District: B
Dear Mr. Lark:
In reviewing the lot line modification application materials submitt~d to this office,
we have found that you paid an application fee of $250.00. However, pursuant to
the new subdivision regulations, the required fee is $500.00. Please forward the
additional fee amount to this office as soon as possible. This will ensure that as
soon as the ZBA renders a decision, the Planning Board will be able to process
the application.
If you have any questions or need further assistance, please feel free to contact
this office.
Senior Planner
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-9502
Telephone (631) 765-1802
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
MEMORANDUM
TO: Bruno Semon, Senior Site Plan Reviewer
FROM: Damon Rallis, Permit Exami~"~,~
RE: Mullen Motors Lot Line Change
DATE: October 8, 2004
OCT - 8
Southold Town
PiN' r-; ]~
PER YOUR REQUEST
SCTM# 1000 - Section 6~2 - Block 3 - Lot 19, 20, 22.1 & 24.1
The Notice of Disapproval, issued for the above referenced proposal, has been amended
based on the updated site plan submitted to this office on September 29, 2004.
With respect to the specific concerns outlined in your memo:
1.)
2.)
3.)
4.)
$.)
Side yard setback amendment. We agree that the site plan has been changed to
reflect a side yard setback of 2 feet and the Notice of Disapproval has been
amended to reflect this change. However, we have not addressed the 15.5 side
yard setback that you point out in your memo, because a Notice of Disapproval
always reflects the most non-conforming setback.
Question of appropriate zoning district. All determinations have been made
based on the fact that the property lies within the B District.
Mistakes in lot size. We have amended the Notice of Disapproval to address this
error.
Need for Special Exception. Your memo quotes 100-243 "nonconforming
buildings with nonconforming uses." This code section does not apply to Mullen
Motors. Because the property was issued a special exception in 1987, the property
is actually a "nonconforming building with a conforming use." The 15%
expansion restriction does not apply because properties that have already gained a
special exception approval are considered to be conforming uses.
Changes in front yard setback. The Notice of Disapproval has been amended to
reflect changes in setback from Cottage Place.
6.) Linear frontage requirement. We have addressed the linear frontage issue to our
own satisfaction, based on previous site plans submitted to this office. We do not
require any changes on behalf of the applicant.
If you have any questions, feel free to contact me.
Cc: File, Michael Verity
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: March 25, 2004
AMENDED: April 2, 2004
AMENDED: April 15, 2004
AMENDED: June 24, 2004
AMENDED: August 12, 2004
AMENDED: October 7, 2004
TO:
McCarthy Management Inc. A/C Mullen Motors
46520 County Road 48
Southold, NY 11971
Please take notice that your application dated November 3, 2003
For permit for a lot line change and additions and alterations to an existing car dealership and service
center at
Location of property: Main Road, Southold, NY
County Tax Map No. 1000 - Section 62 Block~ Lot 19, 20, 22.1, 24.1
Is returned herewith and disapproved on the following grounds:
The proposed lot line change is not permitted pursuant to Article X Section 100-102, which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the B District unless the same conforms to the Bulk Schedule and Parking and
Loading Schedules incorporated into this chapter by reference, with the same force and effect
as if such regulations were set forth herein in full."
Bulk schedule allows a minimum single side yard setback of 25 feet, a total maximum lot coverage
of 30 percent and a minimum lot size 30~000 square feet.
Following the proposed lot line change and the proposed construction, parcel one, with an existing side
yard setback of+/- 2 feet, will have a side yard setback of+/- 2 feet.
Following the proposed lot line change, lot one will become conforming, from 17,430 to 44,152 square
feet in size and less non-conforming in lot coverage from 49.5 percent to 32.2 percent; lot two will
become less nonconforming in size from 29.806 square feet to 21,355 square feet, and lot coverage
will remain below the allowed 30 percent; lot three will remain.
In addition, the construction is not permitted pursuant to Article XXIV Section 100-243, which states;
"A nonconforming building containing a nonconforming use shall not be enlarged,
reconstructed or structurally altered or moved, except as set forth below, unless the use of such
building is changed to a conforming use.
a) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a nonconforming or conforming nonresidential building with a
nonconforming nonresidential use or construction of an addition to existing
buildings or ,additional building on the premises, so long as said increase in size of
the buildings created by enlargement of the existing buildings or structures or by the
construction of a new and separate building or structure does not result in an
increase in the overall building footprint(s) of more than 15%, except that said
increase shall not exceed the applicable maximum lot coverage. In addition, all
other setback and area requirements shall apply."
The overall footprint is being increased by more than 15 percent. Furthermore, the building department
has determined the use to be "non-conforming" because "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..." are permitted only by special exception and
the property has never been issued a special exception from the Zoning Board of Appeals.
Article X, Section 100-103 A., states,
"Structures shall be set back at least 100 feet from the right of way."
The existing building has a 12.7 feet from cottage place, the new construction will maintain that
nonconforming setback.
In addition, Article X, Section 100-103C., which states,
"A project shall be divided into separate structures so that no single structure shall have more
than sixty (60) linear feet of frontage on one (1) street."
The proposal notes 170 feet of linear frontage on Cottage Place, and 150 of linear frontage on Main
Street.
In addition, site plan approval from the Southold Town Planning Board is required.
This Notice of Disapproval was amended on April 2~ 2004, to include all of the parcels associated
with this application and further amended on April 15~ 2004, to reflect the fact that the existin?
use is "non-conforming," and on June 24, 2004, to reflect changes to the site plan made by the
applicant, on August 12~ 2004~ to address lot coverage calculation corrects made by the surveyor
and on October 7~ 2004, following submittal of a revised site plan.
Authorizfitt ' ~
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
MEMORANDUM
Date: September 29, 2004
To: Planning Board Members and Valerie Scopaz
From: Bruno Semon, Senior Site Plan Reviewer
Re:
New Amended Site Plan Application for Mullen Motors
NYS Road 25
Southold, NY
SCTM: 1000-62.-3-19, 1000-62.-3-20, 1000-62.-3-22.1, 1000-62.-3-24.1
Zoning District(s): B & R-40
In reference to the above site plan application, the following is for your review.
SP Proposed Build Out:
This amended site plan is for a proposed alteration on SCTM# 1000-62-03-19 & 20 of three
existing buildings of 9,050 sq.ft, to one new building including new additions and all existing
buildings to 14,227 sq.ft, to be used as an automotive dealership on a 44,152 sq.ft, parcel in the
B & R-40 Zones located at at the s/w intersection of NYS Road 25 (Main Road) and Cottage
Place in Southold and on SCTM# 1000-63-3-22.1 the proposed includes 5 existing buildings of
6,397 sq.ft to be reduced to 4 buildings of 4,556 sq.ft, on a 21,355 sq.ft parcel in the B Zone
located at the s/e intersection of NYS Road 25 (Main Road) and Locust Avenue in Southold.
SCTM#(s) 1000-62.-3-19, 1000-62.-3-20, 1000-62.-3-22.1, 1000-62.-3-24.1
SP Application Fee: ($300.00 x 1.0la= $303.00) +( 14,227 sq.ft x $.05= $711.35)=$1,014.35
Received Application Date: August 26, 2004
Review Details:
Building Department Notice Date: 3/25/04,4/2/04,4/15/04, 6/25/04 & 8/12/04
Notice summary:
1 ) Under 100-1~0,2 B zone requires a s~yard of 25' and 4' is proposed, the plan we have notes
a proposed 2 -0" and possibly.,~' side yards, this needs to be reviewed by the BD further
for the change. ~ ~',
5'
Page Two, September 20, 2004
2) Indicates parcel 1 will become more conforming in lot coverage after the lot line change, the
research indicates the zone is split between B and R-40 and the lot coverage is based on the
B zone 30 % requirement only and will need to be reviewed further.
Indicates parcel 2 will become less non-conforming in size from 21,355 sq.ft to 29,806 sq.ft.
and lot coverage will remain below allowed 30%. In fact lot 2 will be more non-conforming in
size 29,806 sq.ft to 21,355 sq.ft and I agree with lot coverage as illustrated on the plan.
Under 100-;243 indicates this use to be a special exception use and an expansion of greater
then ~/o is not allowed without the special exception. The BD states that a special
exception use has never be_eh issued by the ZBA. Review indicates that a special exception
variance was i~su~e_,d-uffder appeal number,. .~.. 3674E in 1987 ~r the existing car dealership and
addition ~n-the~ont. ~ q~ ~- v ~/~,' ::../: ..(. b/ ~-~,,1~,':~ ~ ~
5) Under 100-103A structures require 100' from right of way and 12.9' is proposed, review of the
plan submitted to us indicates 12.7' is proposed, this needs to go back to the BD for review.
6) Under 100-103c structures are allowed 60' frontage and proposed is 170' linear frontage on
Cottage Place and 150 linear footage is on Main Road, the plan I reviewed does not note the
total linear distanc~ither frontage, it would be best to have the applicant revise the site
plan to includ~.~.~fe_ precise total m~e, ast~rements, to avoid discretional measurements.
Attached is a copy of the Notice of Disapproval, all ZBA decisions and change of zone
information.
Site Plan Review:
Mullen Motors last approved site plan dated 3/12/00.
The document submitted needs to be revised to include the minimum sp requirements as follow:
1) The name on the plan notes "Lot Line", show details on landscape and percentage, show
drainage details, show lighting details, submit ARC information ( building Elevations and colors),
show dumpster location, show signage if required and show parking calculations with dimensions
of aisles/parking spaces.
2) The proposed changes may require a crossover agreement for all parcels.
3) Under 100-212 the landscape will not meet the required 25' front yard strip and 5' abutting
building in front. The code also requires a tree of 2" caliper each 40' of street frontage.
4) The existing Main Road entrance of Colonial Corners will be on parcel 1 after the lot line
change, along with some of the parking for parcel 2. This will affect the approved site plan of
Colonial Corners dated 9/19/77. The proposed parking as shown on this site plan does not
function for parcel 2 and the drainage requirement will change.
5) It appears that parcel 2 =29,806 sq.ft, and parcel 3 = 24,595 sq.ft, may have merged under
the merger law the and the zoning was changed to B which requires 30,000 sq.ft, in the bulk
schedule minimum lot size.
6) This application will require the following approvals: NYS DOT, possibly SCDHS, Town
EngineedHighway, BD certification, Fire District comments and ARC comments.
Page Three, September 20, 2004
Staff Recommendation:
Accept the application, process the sp fee, refer out to all applicable and notify the applicant that
it will be on hold until the ZBA ruling. Send the applicant a letter on all the outstanding items of
the sp and request a revised sp. Inform the applicant that they are required to apply directly to
NYS DOT and SCDHS. Notify the ZBA of zoning issues and refer back to BD for further review
as detailed above. Have an interpretation made on the possible property merger.
The complete site plan file is available in the Planning Boards Office for review as needed.
Thank you in advance.
Cc: file,
Enc.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
P.O. Box 1179
Town Hall, 53095 State t~oute 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
September 17, 2004
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Richard F. Lark, Esq.
Lark and Folts
28785 Main Road
Cutchogue, NY 11935
Re: Proposed Lot Line Chanqe and Site Plan for Mullen Motors, Inc.
SCTM#1000-62-3-19,20,22.1 & 24.1
Dear Mr. Lark:
The Planning Department is in receipt of your applications for the lot line change
and amended site plan for the above-captioned properties. We understand that
you are before the Zoning Board of Appeals pursuant to a Notice of Disapproval
issued by the Building Department, most recently dated August 12, 2004.
Please be advised that the Planning Board will not be able to take action on your
applications until the Zoning Board of Appeals renders a decision. Once that
decision has been made, we will be able to process the applications accordingly.
In addition, the site plan submitted to this office does not contain all of the
information required for site plan approval. However, we will provide you with a
detailed list of the missing information after the ZBA has rendered a decision.
If you have any questions, please feel free to contact this office.
Sincere[~"~-~
Senior Planner
Town Hall, 53095 Main Road Fax (631) 765-9502
P.O. Box 1179 w~,h~,,,~ t6ql~ 765-1802
Southold, New York 11971-0959
TO: ~thony Trezza, Senior Plier
/
FROM: Dmon Rallis, Pe~it Examiner
RE: Mullen Motors Lot Line Change
DATE: September 9, 2004
PER YOUR REQUEST
SCTM# 1000 - Section 62 - Block 3 - Lot 19, 20, 22.1 & 24.1
In reference to your memo, dated September 9, 2004, we acknowledge receipt of the
most recent site plan submitted to your office and we have amended the notice of
disapproval accordingly. I have enclosed the notice of disapproval for your records. The
notice of disapproval should answer your specific questions.
In response to your questions, the plan fails to comply with setbacks, increases the degree
of nonconformity and there are lot coverage issues. The applicant has been issued a
notice of disapproval from the building department and should currently be with the
zoning board of appeals.
There are no issues with respect to use of the property.
If you have any questions, feel free to contact me.
Cc: File
FORM NO. 3
NOTICE OF DISAPPROVAL
TO:
McCarthy Management Inc. A/C Mullen Motors
46520 County Road 48
Southold, NY 11971
DATE: March 25, 2004
AMENDED: April 2, 2004
AMENDED: April 15, 2004
AMENDED: June 24, 2004
AMENDED: August 12, 2004
Please takenotice' that your application' ' dated November 3, 2003
For permit for a lot line change and additions and alterations to an existing car dealership and service
center at
Location of property: Main Road, Southold, NY
County Tax Map No. 1000 - Section 62 Block2 Lot 19, 20, 22.1, 24.1
Is returned herewith and disapproved on the following grounds:
The proposed lot line change is not permitted pursuant to Article X Section 100-102, which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the B District unless the same conforms to the Bulk Schedule and Parking and
Loading Schedules incorporated into this chapter by reference, with the same force and effect
as if such regulations were set forth herein in full."
Bulk schedule allows a minimum single side yard setback of 25 feet, a total maximum lot coverage
of 30 percent and a minimum lot size 30~000 square feet.
Following the proposed lot line change and the proposed construction, parcel one, with an existing side
yard setback of+/- 2 feet, will have a side yard setback of+/- 4 feet.
Following the proposed lot line change, lot one will become conforming, from 17,430 to 44,152 square
feet in size and less non-conforming in lot coverage from 49.5 percent to 32.2 percent~ lot two will
become less nonconforming in size from 21,355 square feet to 29,806 square feet, and lot coverage
will remain below the allowed 30 percent; lot three will remain.
In addition, the construction is not permitted pursuant to Article XXIV Section 100-243, which states;
"A nonconforming building containing a nonconforming use shall not be enlarged,
reconstructed or structurally altered or moved, except as set forth below, unless the use of such
building is changed to a conforming use.
a)
Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a nonconforming or conforming nonresidential building with a
nonconforming nonresidential use or construction of an addition to existing
buildings or additional building on the premises, so long as said increase in size of
the buildings created by enlargement of the existing buildings or structures or by the
construction of a new and separate building or structure does not resuit in an
increase in the overall building footprint(s) of more than 15%, except that said
increase shall not exceed the applicable maximum lot coverage. In addition, all
other setback and area requirements shall apply."
The overall footprint is being increased by more than 15 percent. Furthermore, the building department
has determined the use to be "non-conforming" because "public garages, gasoline service stations, nexv
and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and
trailers and boat sales, with accessory repair facilities..." are permitted only by special exception and
the property has never been issued a special exception from the Zoning Board of Appeals.
Article X, Section 100-103 A., states,
"Structures shall be set back at least 100 feet from the right of way."
The existing building has a 12.9 feet fi.om cottage place, the new construction will maintain that
nonconforming setback.
In addition, Article X, Section 100-103C., which states,
"A project shall be divided into separate structures so that no single structure shall have more
than sixty (60) linear feet of frontage on one (1) street."
The proposal notes 170 feet of linear frontage on Cottage Place, and 150 of linear frontage on Main
Street.
In addition, site plan approval fi.om the Southold Town Planning Board is required.
This Notice of Disapproval was amended on April 2~ 2004~ to include all of the parcels associated
with this application and further amended on April 15~ 2004~ to reflect the fact that the existino
use is "non-conforming~" and on June 24~ 2004~ to reflect changes to the site plan made by the
applicanh and on August 12~ 2004~ to address lot coverage calculation corrects made by the
survpvor7. ~
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
P.O. Box 1179
Town Hall, 53095 State R, oute 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
Date:
To:
From:
Re:
September 9, 2004
Mike Verity, Chief Building Inspector
Anthony Trezza, Senior Planner
Mullen Motors Lot Line Modification
SCTM# 1000-62-3-19,20,22.1 & 24.1
Attached is a copy of the proposed lot line modification and site plan for the
above-referenced properties. Before the Planning Board authorizes the lot line
modification, I would like for you to review the proposal for compliance with the
relevant zoning regulations. Specifically, I would like the following
determinations:
Will the existing and proposed improvements comply with the
zoning setbacks under the new lot configuration?
Will the proposal increase the degree of nonconformity or create
new nonconformities?
Are any variances needed before the Planning Board can approve
the lot line changes?
Are there any coverage issues?
Are there any issues with uses?
If there is anything else you may have concerns with, please let me know. I
would like to get something in writing from you before I proceed with this
application. Thank you.
cc: File
RICHARD F. LARK
MARY LOU FOLTS
LARK & FOLTS
Attorneys at Law
28785 MAIN ROAD
C UTCHOGUE, NEW YORK 11935
Tele. No. (631) 734-6807
Fax No. (631) 734-5651
MAILING ADDRESS:
PO BOX 973
CUTCHOGUE NY 11935
August 20, 2004
Southold Town Planning Board
Town Hall, 53095 State Route 25
P. O. Box 1179
Southold, NY 11971
RE: Lot-line Change for Mullen Motors, Inc.
(SCTM #1000-062.00-03.00-020.000 and 022.001)
Gentlemen:
In connection with the above-captioned matter, I am
enclosing the following:
1. Subdivision Application Form.
Authorization of Richard F. Mullen, Jr.,
General Partner of Mullen Real%
and Richard F. Mullen III Pre [~'!~
of RWM Enterprises, Inc.
Copy of Deed dated December 10, 8
and recorded on December 15, 19~
Liber 11934 Page 213. (Tax Lot
Copy of Deed dated June 14, 200f
recorded on June 27, 2000 in Liber 12051
Page 820. (Includes Tax Lot 22.1)
5. Full Environmental Assessment Form.
6. Applicant Transactional Disclosure Forms.
7. Check payable to Town of Southold in the
amount of $250.00.
8 o
Eight prints of Survey for Lot Line Change
for Mullen Motors, Inc. prepared by Peconic
Surveyors, P.C. last dated July 30, 2004.
Southold Town Planning Board -2- August 20, 2004
If all is in order, would you kindly place this matter on
the next available Planning Board agenda for their consideration
and notify me of the date and time. If you have any questions,
do not hesitate to call.
Very truly yours,
Richard F. ~aq~k
RFL/bd
Enclosures
MA~ ROAD
(NY.S.
~ ~ ,.. ~ ~ ~ p~nler 30.6'
~ ~ -.'..' . ~ . . ~ ~ '.~ ~ ~ ~ sty.
1000 62 03-11 ~
PARCEL I
MULLEN REALTYLF ~'. '
1000- 62-0~-20 .-, ,'., ~ ~.~, , z/~5o '~q.f~. . , ~ ,' ~'
''
(EXISTING" · · ,
39 CARS ) /8,27/ sq. fL
. ~so.~ "'; ~' ~c 1000 62 - 03 - 22. I~.4'
;.*, ~-,,' ~ ~ ~u~o~~ * . .
.
LOT COVERAGE (EX/STING)
LOT# LOT AREA BUILDING SO. FT. COVERAGE
19 17430 sq. lL 0 sq. fl. 0%
20 18271 sq. ft. 9050 .~q.H. 49.5%
22.1 29806 sq. fl. 6397 sq.'ft. 21.5%
E4.1 E4595 sq. fl. 55 sq. fl. 0.2%
~ARCEL I
9, ZO ~ P/O 2E.I 4415~ 10903 ~q. fL ~5~
LOTr COVERAGE (pROPOSED)
I BUILDING S0. FT. COVERAGE .
LOT~ LOT AREA
PARCEL I
19,ZO & 'E2.1 4415E ~q. fl. 14,~27'sq. fl.
PARCEL H P/O E~.t EI3§S sq. ff. 4556 sq. fl.
PARCEL H! 24.1 24595 sq. fl. 55 sq. fL 0.2%
OI IDI/CV
KEY
ZONING D/STRICT , B
OWNERS IQ00 - 62 - 05 - 19 & 20
MULLEN REAL TY LP
P.O. BOX 1408
SOUTHOLD, N. Y. 119 7/
AREA = 35,701 sq. ft.
OWNERS I000 -62 - 03 - ,22.1 & 24.1
RRM ENTERPRISES
P. O0 BOX 614
SOUTHOLD~ N. Y. 119 71
AREA = 54,401 sq./l.
PARCEL I 1000-6~-03-19~0, P/O
PARCEL II 1000-62-03- PlO' 22J ~REA
L 0 T LINE CHANGE
MULLER MO TORS, INC.
A T SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNT~ N
SCALE : 1" = 20'
J~e 9, ~04
July 30, 2004 (edditions)
=PROPOSED ADDITIOn!
TO TAL AREA = 90,102 sq. ft
ANY ALTERATION OR ADD#TION TO THIS SURVEY IS A VIOLAT~
~F EECTION 7E09 OF TI~, NEW YORK STATE EOUCAT~2N LA~
ADDITIONALLY TO CQMI~L)f WIT~ E~D LAW TE~° ALT~RED BY '
,W
1792'
Z
MA~ ROAD
(NY.S.
Rte 25 )'
N 87'02'00',~
. '..' '
62 03- 11
1000
' PARCEL I ~ * ''" "~oo0 ~f "'
CARS ""
s~ r , ' ' ' ' ":* "'ENtErPriSES. ~C '
'
:": ~ ~ , ,, , .,~ 1000~ - 03 -
KEY
1"=
19 17430 t;qjt. 0 sq.#,
~_0 18271 sq, fI. 90'50 ~q./I, 49.5%
~2./ Z9806 ~q. fI. 6397 sq. fi., 21.5%
, '2~.1' W~b95 sq. fl. 55 sq. fL 0.2%'
'9,20 & PlO 2E.I 4415~ 10905 Sq. lI. ~5%
MULLEN REAL TY LP
P.O. BOX 1408
SOUTHOLD, N.Y. 11971
AREA = J5,701 sq. fl.
L~T, COVERAGE (PROPOSED) OWNERS I000 ~62 ' 03 - 2~.1
&or~ [ LOT AREA ' BUILDIN~ $0. FT. COVERAGE RWM ENTERPRISES
' ~ P. O0 BOX 614
PARCEL I
19,,~0 &EE.I 44152 sq. fl. 14,Z~7 sq. ff. 5E,~% SOUTHOLD, N.Y. 11971
p~R~L H PlO Z2.1 ~I355sq. IL 4556 sq. ff. El~ AREA = 54,~0/ sq.H.
P~RCEL Iii Z4.1 Z4595 sq. fl. 55 ~ff. ~-O.g~ PARCEL I 1000-62-03-19~20, PlO
. AREA~ 44/52
PARCEL II 1000-6~-03" PlO 22.1
SURVEY FOR AREA ' 21,355
LOT LINE CHANGE ¢**C¢L ¢z¢ /00o-~o¢:¢4./
MULLEN MOTORS, INC. AREA= ~,59~ s~.~t.
A T SOUTHOLD
TO WN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
SCALE, I" = 20'
June 9, 2004
July 50, ~°004 (odd/lions) ,, ,. ,
Feb 2, 2005 (revisions)
TOTAL AREA = 90,102 sq. ft.
PROPOSED ADDITION
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLA770N
OF SECTION 7S09 OF THE NEW YORK STATE EDUCATION LAW~
> o. s .~r¢ I0~ pAVID
~ N/0~ Wi~A~ ~c~/c su~w~o~s, ~.c.
P, O. BOX 909
1230 TRAVELER STREET
~ ~OUTHOLD~ N.Y, /1971
'~ ":" 0 ~ ,, .,., ,., ,.. .....
,
,, ,,. .~ -, ,,,~,'., ,., ... ,¢~.
* ' - 64~ ' ' ' ,
,
'o "
NioIF jOSEPH
LOT COVERAGE (EX/STING)
LOT# 'LOT AREA BUILDING SO. FT. COVERAGE ZQNINO DISTRICT ' B - ~
OWNERS I000 - 62 - 03 - 19 & 20