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Home My WebLink About3970 APPEAL.S BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonfs, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert g. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOrer L. HARRIS Supervisor Town Hall. 53095 Main Rc P.O. Box 1179 Southold, Nnw York 1197 "Fax (516) 765-1823 Telephone (516) 765-1801 Upon Application No. 3970 dated November 19, 1991 made by COFAM REALTY COMPANY for a Special Exception to the Zoning Ordinance, for a fast-food restaurant and a drive-through restaurant window facility. Provisions of the Zoning Code under which this application has been made is Article X, Section 100-101B. WHEREAS, after due notice, public hearings were held on March 8, 1991, April 5, 1991, and November 21, 1991, at which time all persons, corporations, organizations and the like, who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: SITE INFORMATION' 1. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 12~, Block 7, Lot 3.1. 2. The subject premises is vacant land and consists of a total area of 130,621 sq. ft. (2.9986 acres), with 371.37 ft. .- frontage along the Main Road and 317.14 ft. along Old Main Road. 3. Architectural renditions have been furnished for reliance by the board members in making this determination which shows the building to be of cape cod design. It should be noted that the architectural renditions are also before the Town Planning Board. Architectural reviews will also be required by the Town Planning Board'when processing the site plan application under the si~e. plan regulations of the zoning code. Also in considering this application, site plan elements, egress, ingress, accessory parking, etc. as proposed by the applicant are more'.particularly shown on the maps prepared by Raymond F. F~llman, A.I.A. (site plan maps lastly dated June 7, 1991; Water and Sewer Plan SP-3 dated 9-23-91; etc.). Page 2 - Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 IMPROPER PARTY STATUS 4. During the initial stage of this project, an ,. application was filed with the Southold Town Planning Board site plan approval (which has not been decided as of this ,!.~ and is pending site plan reviews) and with the Southold Tow., Board of Appeals, both filed by McDonald's Corporation thrc...c, its agents and/or attorneys for the proposed: (a) (b) 5. After the first and factors became apparent: establishment of a fast-food restaurant, and establishment of a drive-thru window restaur.~. ~ second hearings, the followin,] (a) The applicant, McDonald's Corporation, did appear to be a proper party to this application since McDon.~-.d,:~ Corporation, although claiming on the written documentation be a Contract Vendee, was neither a Contract Vendee or the owner. The application therefore was not properly before Board of Appeals up until the date of the final hearing in November 1991. (b) Rather than conclude the hearing process and continue with a defective application, the applicant and P'~ %e:~ involved were advised of this defect, by written notice, and were provided with an opportunity to amend their applicatiou to make same procedurally correct. (c) On November 19, 1991, two days prior to the hearing under Application No. 3970, CoFam Realty, the land(~vu~r, made application to this Board as a proper party for a "Sp~[,~l Exception for a proposed restaurant under Article X, Secti(~u 100-101B, subsection 9 .... " It is their application which being addressed, although the board is aware that the ultim.~I.e intent is to erect a McDonalds restaurant. 6. Therefore, this Board is pursuing the application process for the applicant-owner, CoFam Realty with the owns:,.,s intent to establish a restaurant pursuant to those standar(l:; un~ conditions for such a Special Exception set forth in the Southold Town Zoning Code. RESTAURANTS BY CODE DEFINITIONS 7. A "restaurant" is defined in the Southold Town Code under Section 100-13 as follows: " Any premises where food is commercially sold for on-premises consumption to patro.ns Page 3 - Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 seated at tables or counters. Any facility making use of a carhop or parking lot service to cars or for the consumption of food to be eaten in said cars ur outdoors shall not be considered a "restaurant" for the purpose of this (zoning) chapter and shall be deemed to be a "drive-in or fast-food restaurant." 8. Such a "restaurant" which is only for patrons seated at tables or counters is permitted subject to site plan approval by the Town Planning Board in the following Zone Districts: (a) per Section (b) per Section (c) per Section 100-91A(7) - Hamlet Business 100-101A(2) - General B Business 100-81A(2d) ~. Light Business. 9. A "fast-food restaurant" is defined in the Southold Town Zoning Code under Section 100-13 as follows: RESTAURANT, DRIVE-IN OR FAST-FOOD - Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state, usually served in paper, plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. 10. A "drive-thru or drive-up" (the latter being a term utilized by the applicant) restaurant is a use other than a carhop or drive-in facility as defined in our zoning code. The inside-counter service which is the norm available for patrons to purchase foods for consumption off the premises is not accessible, and instead motor vehicles are used for accessibility between the building and off-premises consumption instead of passengers leaving parked cars. There is no provision in the Southold Town Zoning code for a drive-thru or drive-up restaurant, especially by special exceptions (special permit) application. 11. A minimum of 40,000 sq. ft. of land is required for each restaurant use, regardless of whether it is a table-service restaurant, a fast-food restaurant, or a car-hop restaurant use. By reason of the fact that there is no public water or sewer facilities available 'to the site the Suffolk County Department of Health Serv.ices recommended that any fast food restaurant such as the one specified herein be placed upon a lot having an area of not less than one hundred twenty thousand square feet. By this application it was clearly demonstrated to the Board that, in fact, what was contemplated represented not one, but two principal r~staurant uses-the first being a "Fast- Food" Restaurant and the second being a "drive-thru/drive-up" Page 4 - Appl. No. 3970-SE.' Matter of COFAM REALTY Decision Rendered ~en,b'e~ 2i 1991 restaurant. The site in question as set forth above is one-hundred thirty thousand six hundred twenty one square feet. APPLICANT'S TWO PROPOSED RESTAURANT FACILITIES 12. The applicant has requested a Special Exception for both a fast-food restaurant and a drive-thru restaurant. From testimony during the hearings, it is evident that the fast-food corporation intending to enter into a Contract of Sale with the current owner is proposing not only a fast-food restaurant with a food counter for removal to on-site tables or off-premises consumption, but also a separate restaurant area for access from an area other than a parking lot and solely by motor vehicles. The applicant has also indicated that such a secondary restaurant use will provide 40% or more.of the business. 13. Such a "drive-thru restaurant" is clearly not a carhop facility defined in our zoning code, and it is clearly in this Board's determination a secondary restaurant use able to operate independently and separate from a fast-food table/counter restaurant use. 14. The area to be utilized for the "drive-thru restaurant" is also not in an area utilized as a parking lot, and instead utilizes that area used by all other vehicles entering and exiting the subject premises, which also has an increase of vehicular traffic congestion within the site, which in turn causes increased risk and danger to pedestrians entering the building from the parking lot(s). CODE STANDARDS FOR SPECIAL EXCEPTIONS 15. Article XXVI, Section 100-263, Sub-paragraphs A through F of the Zoning Code provides several ~tandards, which standards the Board Members have considered concerning the use of the fast-food restaurant only in this Special Exception application. 16. Other considerations by the Board were also given, among other things, to sub-paragraphs A through p of Section 100-264. 17. Another area also considered at length by the Board is the issue of the removal of solid waste and its effects upon town facilities. The applicant has agreed to covenant ship the solid waste resulting from this proposed fast-food restaurant and related uses out of town and not to utilize the Southold Town landfill during operation of this new business. (The Town has a court action pending..at this time and consideration of the effects of such new restaurant'uses and their effects, cumulatively or otherwise upon the town landfill, if permitted by the State to remain open, must be further evaluated.) Page 5 - Appl. No. 3970-SE' Matter of COFAM REALTY Decision Rendered December 16, 1991 NOW, THEREFORE, on motion by Mr, Dinizio, seconded by Mr. Goehringer, it was .. RESOLVED, to GRANT a Special Exception under Article X, Section 100-101B(9), for the establishment of a fast-food restaurant only as defined and described in paragraph #9, supra, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. An emergency exit must be made available off of Old Main Road for fire and emergency purposes; 2. Sufficient on-site parking areas must be made available for numerous transient buses as recommended by the Southold Town Planning Board; 3. No directional, advertising or other off-premises signs shall be permitted. 4. No other separate business or restaurant use shall be perm3tted other than a fast-food restaurant use. 5. This Special Exception approval is limited to that applied for and shown for consideration as per the plans and drawings submitted to this Board, and any change in the footprint of the building requires re-application for re-consideration, after proper notice and public hearing. An original final site plan print shall be furnished to the Board of Appeals for review prior to Planning Board Chairman's signing of the final maps for updating purposes, acquiescence, and permanent record-keeping purposes without the need for further hearing, etc. for such review). BE IT FURTHER RESOLVED, that portion of the subject application as it ertains to "d~- - · .p ~ve thru or dr~ve-up restaurant" is and the same Ks hereby Denied for the following reason: 1. The use intended is not permitted by Special Exception under the Zoning Code of. the Town Southold either by definition or within the respective zone. 2. There is insufficient.square footage on site to support approval of a second prima{y restaurant use. 3. The increase traffic flow resulting from drive- thru/drive-up restaurant would adversely impact upon the existing two lane highway which provides access to the site furthermore, the preexisting nonconforming residential use to the west and the hundred acre residential (AR-40) zone directly to the south and east of the premises renders t~is particular location not suitable for this particular use (section 100-264A). Page 6 - Appl. Nu. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 4. The approval of a second restaurant use would put unnecessary strain upon the private water and sewer facilities available to the site(100-264D)... 5. The site has insufficient square footage per the recommendation of the Suffolk County Department of Health Services (100-264K). 6. Access to the site is by means of State Road SR25 (two-lane east-west highway) which provides access to and from the hamlet of Mattituck and is not suitable to the use intended (100-264M) 7. Although the applicant agreed to covenant not to · deposit solid waste in the landfill of the Town of Southold, it refused to covenant to not deposit any ~f its waste in any transfer station in the event the landfill would ultimately close. Considering the amount of solid waste generated by the applicant same will provide an undue strain upon such transfer station(100-2640). VOTE OF THE BOARD: AYES: Messrs. Goehringer, Dinizio and Doyen. NAYES: Members Villa and Grigonis. (Members Villa and Grigonis felt the application should be denied in its entirety for several reasons: out of character with the area, there is a better profitable use to which this property may be used, excessive burdens on governmental facilities, etc.). This resolution was duly adopted with a 3-to-2 margin. RECEIVED _AND FILED BY TO' ' N lerk, Tov~n of Sot~F01_d___ HRNOICAP RAMP PAINTED .STRIPING (BLUE) ~{qNDICAP STALLS ONLY "WELCOME" SIGN 70-5 EXIT SIGN PAINTED STRIPING (WHITE) LANDBANKED P~KING - $"XlG" CONCRETE CURB (TYP.) BUS PARKING ZONE PAZNT~ DIRECTIONAL ARROW (WHITE) TYP. PAINTED STRIPING (WHITE) 6"X18' CONCRETE CURB (TYP,) ASPHALTIC PAVEMENT (TYP,) / // 70-5A 'THANK YOU' SIGN LANDSCAPED ISLAND 'McDONALD'S ROAD SIGN OLD MAIN 'McDONALD'S' GROUND SIGN G'X]8" CJNC~ETE CURB CTYP.) PEDESTRIFCJ lt~NDRRIL B' CONCRETE SLAB REINF, W/ 6X6 ~lO/lO W.W.M. 6' CONCRETE FILLED GUARD POST (TYP, OF 8) 4" CONCRETE SIDEWALK REINF. W/ 6X6 ~10/lO W.W.M. ON 1 1/2' MORTER BED' PRINTF-D STRi.;'NG (WHITE) MENU BOARD -- 25'-0" LAJgDSCAPED BUFFER -- 5' CONCRETE SLAB REINF. W/ 6X6 ~10/10 W.W.M., NO STEEL (MESH OF BAR) TO BE PLACED WITHIN 2'0' OF VEHICLE DETECTOR VEHICLE HEIGHT DETECTOR 6'X12' CONCRETE LANDSCAPE CURB (TYP.) 20'X20" TRASH CORRAL $' CONCRETE SLAB REINF. W/ GXG ~10/I0 W.W.M, GENERAL NOTES PAVING SPECIFICATION (MINIMUM 3' TOTAL CONFRCTED RSPtlqLT THICKNESS) 1 1/2' N.Y.S. ~PE I-R ASPHALT WB~ING COURSE LOT LIGHTING 3OMMENDATION PARKING INFORMATION TOTAL 52 ~S 9" X 20' ~ UTILITY INFORMATION SIZE TYPE LOCATION SURVEY INFORMATION BY: TEXAS, D~TE: 0@RPRG0 BARRETT, LRNZISE~R, & FRANK 185 CHURCH STREET ~qLVEENE, NY 1155S (516) 599-5665 LEGEND LOT LIGHT ~ LP:50 EXISTING ELEVATION (76.5) PROPO~ ELEVATION ~ PLAN SCALE: l" = 20' STREET ADDRESS N.Y.S. RTE. 25 & OLD MAIN ROAD CITY STATE HATTITUCK NEW YORK STATUS DATE PRELIMINARY COUNTY NASSAU PLAN CHECKED ~EGIONAL DWG. NO CORPORATE DWG. NO, DESCRIPTION 0'~ PR( :'line of [an'---d"-~6w 6r,-,formerI s,ild ~outnerly [~ne,,of, M~ln RUNNING RUNNING 3 HENCE fl,rmer~y o[ BrisOt~ Frank Murphy, G~ ~scance of 5~13 03 feeL]CQ RUNNING cnurses and~noes:' ~ 1. S 56~57120'.W' ~d~'~' 2. S, 4¢42~lO'~W,Fa RUNNING 1. N.g~Sg,IO"W., 'a d RUNNING THENCE. N.37 ~50 W., a~dlF RUNN NG T~ENCE a~d~tance of37~ f Sa~d parc6[; cc ,.I- zq q ,.4' ¥ :bi MA/A/ r J "" II LANDSCAPING I.;EGEND . . . GENERAL NOTES: ' Conduit Ind Wiring ~r. by the Generll Contr~tor. 2. Biles, Anchor Bolt~, Conduit, ~ Wiring for All Other mete~for Lot Lighting ,S by thl GenItal Contractor. Li~ting .~4P;I~--J-~'~~I..~.AI ~ ~-~.~T~P_~T ,.~G~-~.~=:~_~2. ~ Fix, turn, B~ls, Polm, Conduit, Ind Wiring are by me ~,~.--~T,~s ,a,,~,~ ~o~:~.~ <~o~ ,~.~,T,~ ' ~7 4...,., ,. F~.~..~ by .,. ~.-.,.' ~,,.,o,. *.ch°, ~'~"'/~ I ,d~'~I~-C-T~---O IN-(' O~/~-A~_;;2. ,~ l~.4~vC), Locltiom ~MI ~ Field ~rmi~ to All~ for ~eM~ _ E~M lns~llation. ~ ~ Exit Point of ~w~ C~m ~ Ex~ Utili~. ~fer m ~ ~ilding E~r~l ~ ~umbi~ ".. -~ ~l ~ -- __ ~ ~ __ ~ ~ T~t A~lOr A ~l ~e. If Trot. Pr~e ~r~t. , - · ' . ~ A~ ~ · Note ~ld'; E~r R~wm T~ R~t To R~t A Com~. .... : ,- 4~ - - ~e ~if~tt~t. Tmtl Will ~ At T~ '~ ~'. · ~4 ~"~' LOT LIGHTING REC~MENDATION: _MAJ R__TREE__DETAIL, · ...,_ ~..t, ,~-,.~ ., . p.- ~. .. ~ .~.:~ ~ ~ ~ UT,.T~ ,.FO..~T,O.: C~I ~ ~, W~er ~ ':~ ~orm ~r '~x. ,~ .. · Emtric ~,~ '' ,'-, .,,, 7:SHRUB:-DETAIL ' : MINOR , , W~tm --W I Lot Li~t ~ ~L~,,~::::_: - PLAN ~ALE: 1" = 20' '~D ...... __ STREET ADDRE.: ICAPPED PARKING D~AILS REGIONAL DWG. NO.: ar TATE: - CORPORATE DWG. NO.: cou,,,: ' 8255 ~ %-,~.a~,~/ ~AYMOb D F. FELLMAN · ARCHITECT GENERAL NOTES: . , ~ ~ > ~ ~ ar~ by ~e Gen~M Contr~tor. ~ , ~;r for hot LiCti~ I; by ~ G~mll Co~tr~or. LlCti~ L ' ~. ~ Fi.xtum.-~. poles. Conduit. ~d W~ring ~; ; ~ I 5. Pro~ Ut~lit~ are ~own in ~hem~tm ~ly. ~t ~d mu~t ~ Verifi~ by the G~eral Contr~tor At 8. Finish Wslk ~nd C~ Elev~iom ~--~. :;~m~n'~c,, Ar,as ,,Il , R~G-- ~_ ~. , :- :~L.7 TopofAIIWalksandCurbs. Fini.hGr~ing, band~ping, , ;-'~..'~' ::-_ ~~~ CATCH BASIN r/ ,~ P~ING'EClFICATION: , - ~,./ , _, u~~ ~. ,.,,,,.. k ~~ ~ ~ - Sion T.t A~/Or A Cor. bmpl.. If Tilts Prove Corrm. PM . ,.. -' "- '-' o,,.,.,.. G.C. w,,,,. ' ' 7/ t __ LOT LmHmmG RECOMMENDATION: . _ ...,._ ,.,.., , - . · ~-,,,,- ' ~ .-..': ~~:~11 ~ -~ . ~ r ' . , . ~ ' uTILITY INFORMATION: '~ ~ ~ ' ' ' Si~e:Ty~: Lo~ion: ~s¢~ ,,.,. Prepar~ By* _ ' __ ' ~ ~~ _~ TEST ~LE DATA ~--- ' 1~, ~;~, ._ ~ ~ ~ ~ ~:-.,. - MAP ~ ~~RTY ~ ~~---- MATTI K .: SITE PLAN. . ' ' _ ' - " .... · ,,,,,,S FOLK , T~ ~ ~D. RAYMOND F. FELL~AN · ARCHITECT jSt.N=~OLK: ~ N.Y. 570 BROADWAY · AMITYVILLE 10222 GLACIER COURT · ORLANDO NEW YORK t 1701 · T516--789;3555 FLORIDA 32809 · 305--351'4596