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HomeMy WebLinkAbout4119APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119-SE. FINAL DETERMINATION on the Application of MATTITUCK AUTO CENTER, INC. (as tenant) and WILLIAM GOODALE (as owner) in this request for approval of Special Exception under the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment as a principal use ; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale in conjunction with the new car sales-rental establishment; (d) accessory office use incidental to the new principal use as a new car sales establishment, and related accessory uses. Location of Property: 7655 Main Road (N.Y.S. Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. WHEREAS, an interim decision was rendered by this Board under this application, with fifteen (15) conditions, dated October 15, 1992; and WHEREAS, in that October 15, 1992 resolution, the Board of Appeals extended time (eight months minimum) for the applicant to submit adequate proof that the applicant, Mattituck Auto Center, Inc. is a new motor vehicle lot, intending to conduct, or actually conducting, as a principal use the on-site display, sales and rental of new cars, (even though only the sales and display of used cars has been conducted between 1991 and the present time); and WHEREAS, the Board of Appeals required a further hearing for a final determination to be rendered on or about July 1993, which includes review of the requisite proof, and necessary Board reviews as to whether this record, in its entirety, adequately fulfills the requirements and standards of zoning for the applicant, Mattituck Auto Center, Inc. and its proposed principal use, proposed accessory uses, as well as the percentages of business in relation to the new cars sales as well as the accessory use for sales of used cars; (Ref: Conditions #1 and #2 of the Board's October 15, 1992 determination; and WHEREAS, the applicant, Mattituck Auto Center, Inc. has been conducting on-site sales and display of used, second-hand cars since early 1991 to the present time (without proper zoning Page 2 - Appl. No. 4119 (SE) Application of MATTITUCK AUTO CENTER, Decision Rendered August 18, 1993 INC. permits, certificates of occupancy and use, etc.), and during the eight-month extension of time, applicant confirms that he has not sold or displayed any electric-car assembly kits at this site; and WHEREAS, after due notice, a final public hearing was held on July 22, 1993 by the Southold Town Board of Appeals, and those who desired to be heard were heard and their testimony recorded (see separate transcript of verbatim discussions during public hearing); NOW, THEREFORE, the Board finds as follows: 1. The provision of the Southold Town Zoning Code under which this application is made reads as follows: Article X, Section 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. Page 3 - Appl. No. 4119 (SE) Application of MATTITUCK AUTO CENTER, Decision Rendered August 18, 1993 INC. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not be less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from the street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. 2. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a noncon- forming single-family residential use. The existing structures are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 4. By this application, a review and determination is requested to approve the on-site sales and display of used, second-hand cars as a principal use rather than as an accessory use. Applicant proposes: (a) outside, on-site sales, storage, parking and display of used cars and other used vehicles; (b) on-site sales, leasing, and business office use related to the primary use for the sales of used cars, and catalog sales of electric car kits. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence is limited to approximately 640 sq. ft. (the second floor only of the front building). 5. Subsection 12(b) of Section 100-101B provides by Special Exception from the Board of Appeals for the "...sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles .... " It is noted that applicant, Mattituck Auto Center, Inc. is not displaying or advertising new vehicles at the premises. In fact, it Page 4 - Appl. No. 4119 (SE) Application of MATTITUCK AUTO CERFrER, Decision Rendered August 18, 1993 INC. is aclmitted that only used cars are displayed or advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site~ ~j~h~s~mb~ed~.~isasserabled in kits, or otherwise. It is the positiD~~'~~J~alog sales of kit cars located at another sit~ d6es not meet the Ye~uirement of a new car sales dealership. (See copy of one-year limited agreement dated 6/10/92 between Robert A. Adams, Vice President of Solar Car Corporation of Melbourne, Florida, and the applicant, Mattituck Auto Center, Inc.) 6. For the record, it is noted that this parcel is also nonconforming as to the required lot size for the two or more principal residential uses. The total lot area of this parcel is 36,155 sq. ft., and the total lot area required under the current zoning code for each residential unit under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total requirement of 60,000 sq. ft. for two principal (primary) uses. The requirement for a third principal use is an additional 30,000 sq. ft., total 90,000 sq. ft. of land area (ref. Article XXIV, Bulk and Minimtun Lot Size, Density Schedules, etc.). 7. Also noted, as shown in the record, previous Special Exception applications of rendered by the Board of Appeals: are the following denials of the applicant herein as A) Denial of Application No. 4066 for a Special Exception to establish new use for outside, on-premises new and/or used motor vehicles sales and leasing rendered Dece~tber 16, 1991; B) Denial of Application No. 4093 for a Special ~ception requesting the sales of new and used motor vehicles. 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor sufficient doctuuentation submitted, to show fulfillment of the standards and conditions set forth in the zoning code at Section 100-101B(12-b). NOW, THEREFORE, on motion by Me~tber Member Doyen , it was Villa , seconded by RESOLVED, that it is hereby DETEP~4INED this Board is without authority to ~rant the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision (as enacted by the Town Board on January 10, 1989). VOTE OF THE BOARD: duly adopted. lk Ayes: Messrs. Doyen, Dinizi0, Villa, Wilton and This resolution was GEP~ P. GOEHRINGER~, CHAI~ Pd~CEIVED ~D FILED BY TYiE SOUTHOLD TO%VN CI.~:~K Town Clerk, Town of Soui,'-~old APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119 (SE): Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously referred to as Lot 30). WHEREAS, after due notice, a public hearing was held on July 29, 1992 and September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously County Parcel Lot 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 {Main Road}. The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming Page 2 - Appl. No. 4119SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 single-family residential use--which structures were built prior to April 23, 1957 and are more particularly designated on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. The provision under which this application is made is Article X, Section 100-10lB(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flan~mable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. Page 3 - App1. No. 4119SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992~ (g) (h) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 4. With reference to Section 100-101B, supra, the following are noted to show a breakdown in the type of use requested in the above-noted Special Exception category: (a) Public Garage use is not proposed; (b) Gasoline Service Station use is not proposed; (c) New motor vehicle lot is not proposed. (The subject lot will not be displaying new motor vehicles.) (d) Used motor vehicle lot accessory to the sale of new vehicles or boats IS proposed and is being considered.. (e) No repair facilities are proposed. (f) No servicing or major repairs of motor vehicles are proposed. (g) No storage of gasoline or flammable oils in bulk is proposed. (h) No gasoline or fuel pumps or tanks are proposed. (i) No gasoline service or repair shop or similar business is proposed. 5. Reference is also made by the Board for informational purposes to Section 100-101C, subsections (1-4) of the General "B" Business zoning regulations which provide for other specific accessory uses also subject to site plan review. Used car sales and leasing and principal sales office uses are addressed in the Zoning Code as principal uses in this zone district. It should also be noted that these uses are not specifically listed in the zoning code as allowable accessory uses to any other principal uses, and applications requesting same have not been made until March 5, 1992 (see variance for multiple uses with insufficient land area under File No. 4092). Page 4 - Appl. No. 4119SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992' 6. By this Special Exception application, the applicant requests approval for: (a) proposed telephone or office sales, by catalog or brochure sales, for the shipping of solar-conversion cars from the Solar Car Corporation located in Melbourne, Florida to a location specified by a proposed purchaser -- the applicant is not proposing display of the solar cars on-site because of the company's requirements for purchase first, and the applicant, he says, would have to purchase the vehicle to display it on this property; (b) proposed on-site sales and display of approximately 13 used vehicles, plus additional parking for its customers and employee(s) related to said used-car sales; (c) proposed office use for leasing and related business office activities, conducted in the front building first-floor area of 662 sq. ft., in addition to the existing principal single-family residential use of this building, and separate existing single-family principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 Sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. of the second floor only (main front building). 7. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to the above-mentioend two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal Page 5 - Appl. No. 4119SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals or town permits, for used-car sales and leasing. The applicant has been since early 1991 to date operating a used-car sales establishment in conjunction with the two existing residences without substantiating sufficient proof that the establishment is an accessory to a new car sales establishment as required in the zoning code. Approvals for this newly added use are also necessary from and are pending before the Southold Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies. 8. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. additional. Combined, the total lot area requires 90,000 sq. ft. of land area for (any) three principal uses. The applicant's request to allow increased density on this 36,155 sq. ft. parcel was denied; however, alternative relief for the total lot area to accommodate two principal uses as a maximum was conditionally granted under 4092 on April 2, 1992. 9. To come into conformance with the conditions of the area variance under Appl. No. 4092, the applicant is to remove one of the existing (residential) principal uses in exchange for the proposed car sales establishment. 10. Certain adopted standards and criteria must be met before a Special Exception permit may be granted in the Town of Southold. Thus, proof must be submitted into the record to show that the proposed use will meet all the standards imposed by the zoning ordinance. Page 6 - Appl. No. 4119SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 11. Compliance with the standards, intent and conditions of the ordinance must be determined. It is the position of the Board that the proof furnished thus far is not sufficient to comply with these requirements. No proof has been submitted to show the percentage of its business as a new car sales establishment, as compared to the percentage of its business as a used-car sales-leasing establishment. Additional proof must be furnished, and the time is being extended for the applicant to furnish that proof for an additional six (6) months from the date of this decision. 12. Accordingly, before passing upon this application with a final determination, the Board hereby extends the time for an additional six (6) months for the applicant-property owner to substantiate proof, testimony and/or other documentation as to compliance with the requirements of the zoning code for a new cars sales dealership, as well as proof as to the percentage of its business for an accessory used-car sales-leasing establishment. (The information furnished by the applicant is not sufficient to satisfy the standards and considerations for the grant of a Special Exception, including but not limited to Section 100-264, subsections A through P.) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to permit occupancy for new car sales at the site, with used-car sales as an accessory thereto, for an eight-month period, and that a FINAL PUBLIC HEARING be and hereby is scheduled to be held on or about JUNE 30, 1993, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Reserving the right of the Zoning Board of Appeals to conduct a final hearing under this application for the purposes of reviewing proof that the applicant is a new car salesman and allowing the Board consideration of further proof for the purposes of adequately fulfilling the standards and criteria necessary before a Special Exception; AND 2) Reserving the right to the Zoning Board of Appeals to reconsider this eight-month (interim) authorization for the purposes of determining several issues, including but not limited to whether or not the additional proof to be submitted will or will not adequately fulfill the requirements and standards of the zoning laws for the proposed principal use as a new car establishment, the percentages of business in relation to the proposed new car establishment as well as the accessory sales of used cars; AMD Page 7 - Appl. No. 4119SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992' 3) That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 4) That the existing separate, detached residential cottage structure in the rear yard be converted to accessory (inactive) storage use, or be removed within three (3) years from the date of the filing of the variance determination under Appl. No. 4092; and 5) That the issuance of a Special Exception for a new car sales dealership is contingent upon a final hearing and final determination to be held on or about June 30, 1993 for the purposes of requesting the applicant finally to submit all up-to-date information and proof acquired during this eight-month time period for selling of new cars from the site, the percentage of its business in relation to both the accessory used-car sales-leasing and the principal new car dealership, and other standards and requirements necessary for the grant of a final Special Exception, and other town, state, and county regulations applicable for final approval (such as site plan review, etc.). 6) That Covenants and Restrictions shall be: (a) prepared in legal, recordable form executed by the property owner, outlining an agreement between the owner and the applicant-tenant, insuring compliance by the owner and tenant of all conditions and requirements; and (b) approved or modified as deemed necessary by the Town; (c) recorded by the owner in the Suffolk County Clerk's Office within 30 days of the filing of this decision with the Office of the Town Clerk, {before this approval may be effectuated}, and the Town Board of Appeals shall be furnished with proof of such county filing for the Town's permanent records; and 7) That there shall be no parking of vehicles in need of major repairs or servicing or those which are inoperable or dismantled; 8) That the processing of the site plan before the Town Planning Board may be held in abeyance by the applicant-property Page 8 - Appl. No. 4119SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 owner, with no substantially major or adverse alteration to the site, its egress/ingress area and parking areas, buildings, until such time as a final hearing on the Special Exception standards has been held and a final determination rendered by the Board of Appeals. 9) That the number of vehicles for sales display shall be limited to not more than ten (10) vehicles at any one time; and 10) That the total nua~ber of vehicles on the site, including vehicles for sales display, temporary transition parking, employee parking, shall not exceed 18 cars or vehicles at any one time, eight (8) of which must be parked in the rear of the "converted storage building at the rear of the premises" (now used as a cottage); 11) That all vehicles related to this Special Exception must be located so as to permit adequate maneuverability, safety at all times, proper and unobstructed ingress and egress; and 12) That all vehicles shall be placed and/or parked on site and shall not be placed any closer than 12 feet from the inside edge of the existing front sidewalk, or 10 feet from the front property line, whichever is greater. 13) That there shall be no banners, flags or similar types of cosmetic advertising; and all outdoor lighting must be for security purposes only, without glare or disturbance to traffic or neighboring properties; one ground or wall sign, if proposed, must be in accordance with all sign regulations. 14) That a buffered emergency shall be placed ten (10) feet from the property line and twelve (12) feet from the front sidewalk, whichever is the greater distance. This can be accomplished by a single line of six (6) ft. "railroad ties" (or better as may be substituted by the ZBA), and shall be situated parallel with the property line along the Main Road. This provision shall not be deemed an approval of any specific setback and the Board reserves its right to make further adjustments of setbacks at the time of the final hearing. 15) That in the event code violations exist or are found which are contrary to other regulations of the Southold Town Code, or which are contrary to the conditions herein, this Page 9 - Appl. No. 4119SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992~ interim determination shall not preclude any proceeding taken by the Town to enforce the same, now or in the future. Vote of the Board: Ayes: Messrs. Goehrin§er~ Doyen, Dinizi0 and Villa. This resolution was duly adopted. (Abstained: Member Wilton, newly appointed 10/6/92). lk ~,~CE!VED AND FILED BY THE SO~THOr~D TOWN Town Clerk, '[own ot ~outh¢td APPEALS BOARD MEMBERS C~rard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAP. D OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the Matter of JANET A. FERGUSON (continued from June 22, 1993). Central Avenue, Fishers Island, NY; County Tax Map Parcel ID NO. 1000-066-08-006. 2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of Page 2 - Notice of H ings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8710+- sq. ft. and is located in the R-40 Residential Zone District. 3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: south Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for Page 3 - Notice of rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 permission to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. 6. 7:55 p.m. Appl. No. 4178 - JANES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule Pertaining to nonconforming lots) for permission to construction open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 7. 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: Lane, East Marion, NY; County Tax Map Parcel No. This property is nonconforming at 2614+- sq. ft. Zone District. 520 Rabbit 1000-31-18-11. in this R-40 Page 4 - Notice of ings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building .Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 Notice of Disapproval which reads, "...hotel or motel transient which says in part that there will be no cooking facilities..", and pertaining to the April 25, 1991 Notice of Disapproval which reads, "...hotel or motel resort. Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units .... " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-00i and 002 (now 2.1), containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc." , as Contract Vendee, request a Special Exception as per Page 5 - Notice of H ings Southold Town Board of Appeals Regular Meeting of July 22, 1993 the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the end of Highway 48, House ~6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. 10. 8:20 p~m. Appl. No. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). Page 6 - Notice of ings Southold Town Board of Appeals Regular Meeting of July 22, 1993 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special ExcePtion to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. · Road (NYS Route 25}, Laurel, Parcel No. 1000-122-6-30.1. Location of Property: 7655 Main near Mattituck, NY; County Tax Map The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: July 6, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERA=RD P. GOEHRINGER By Linda Kowalski X APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING SCOT¥ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JULY 29, 1992 commencing at the following times: 7:32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCH~IDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - Legal Noti~ Hearings for July 29, 1992 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (%415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7:50 p.m. Appl. No. 4022SE - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (~415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchoque, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the Page 3 Legal NotiW Hearings for July 29, 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-13lB, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). 8:30 p.m. Appl. No.~ ........... ~=~n.M~T~ .... ~Q~;~.~. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit Page 4 Legal Notl Hearings for July 29, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as anew car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). ~.~ ....... 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; Page 5 Legal Hearings for July 29, 1992 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TO¥(N OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .?.%-.~.. ~..~. < .......... · .~..~ L .~...~., ................. PLEASE TAKE NOTICE that your application dated .......'~...o,.~....~.... ~ ........ 19 .~ .~. Location of Property . House No. -- .... ~;i~ HOmle~ County Tax Map No. lO00 Section . .[ ~.~ ...... Blocff . .. ~.~ ....... Lot . .~.: .~ ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~'~ ~.~..(~.7 .~/ ~*..*..C.~:. v.~.~. ~~. ~..~. ~" ~ - .~...~ ....... '-- =...~..~ A~. ~. '. .......... ~e ~ -'~ ~. -~ ~..,:-~ .g. ~~.~.~.. ........ Bulldlng Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPLI ~ION FOR SpEC)Ak EXCEPTION RECEIVED, TO THE ZONING BOARD OF APPE,AkS, SOUTHOLI~U~R~ ~D~. as B~es~Oenb. o~ Mat~.~uc~ Auto (Residence~ House No~.~and Street) Application No. ¢//? Dat, e Filed: '[' "~'' '-~-Sta~e, Zip-code, ielephon~Nunioer) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE x , SECTIONIOO-iO1B{i~)SUSSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): /as an office Downstair~ of f:ont building tO be used O~ used vehicles as accesory to the sale/lease of new vehicles Also, outside display of vehicles. Pre-existing non-conforming residential use to continue,as allowed. YORJq) Sworn A. Statement of Ownership and Interest. W(~m ~m-le. is(are) the owner(s) of property ·known and referred to as ?655 Main Road. Laurel.~%' (House No., Street, Hamlet) Mattituck Auto Center, Inc. is lessee pursuant to lease dated 6/1/92 identified on the Suffolk County Tax Maps as District 1000, Section ~13.2,, Block Lot(s) 30.1 , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on J,,~y 14: lqRq · B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The Zoning Ordinance lists the proposed use as one which is appropriate for Special Exception consideration. It is comparable with the established development of the immediate area, ie: automobile service station, automobile maintaince facility, automobile body repair facility, as well as a retail shopping center and business offices. C. The property which is the subject of this application is zoned General Buglna~mand [ ] iS consistent with the use(s) described in the Certificate of--Occupancy bein~ furnished herewith, t L x] is not consistent with the Certificate of Occupancy being furnished herewith .~ . for the following reason(s): prior non-con~ormin~ryesiden~)-.it/-t~s [ ] is vacant land. , ~ COUNTY OF SUFFOLK) ~ATTITU~AU~O~E~I~//~/ STATE OF NEW 'ss.: ~/~,~./~j~.~ ;~_,< - ~ ,mu 1992 . ./a~. -.e~. / TOWN OF S¢~THOLD ~'C~Jl,,, .~' R~S. Z ! O S~,S. VL F^,M COMM.,,~.I C,.M,SC. I ~,.W,ue LAND IMP. TOTAL DATE REMARKS " · L p~ .. NEW Tillable i Woodland Brushland .: House ~ .~" · NORMAL BELOW ABOVE ,. ~E-iD~ATER~- ., / Acre Value Per Acre Value F..R0)~TAGE ON BULKHEAD DOCK ~,ensio. -' / ' __Fire Place ~¢ Heat /~ r / ' Porch Roo~ 1st Flor~-. ]reezeway.. ,~r~ ~ ), , Patio ~ Rooms 2nd FI~ '. - ,.~ I Lis: of Z.B.A. Actions for Reference as Needed Site ID: 1000-122-8-30.1 (PREVIOUSLY Lot 30) Applicants: Richard Goodale, William Goodale, Mattituck Auto Center, Inc. ~3521 - Note: Variance to reduce living area. to less than 850 sq. ft. in order to eventually add' lawyer's office in existing principal, building~ 7/31/86 Lawyer's office never added - no.further..applications made:to Town Deparrtments for this proposed change. ~066 - Denied SE for motor vehicle.sales and leasing. 12/16/91 ~Lt092 - Variance for insufficient lot area for three uses; denied with grant on 4/2/92 of- alternative for two uses. with zoning restrictions. ~u,093 - Special Exception denied without prejudice for New. Car Dealer. ship with accessory use car sales 5/18/92. ~u~119 - Special Exception - Hearings held 7/29/92 $ 9/10/92 Interim action taken' 10/15/92 to allow additional eight-month period to applicant for submission of proof pertaining to. new. car sales by MattJtuck Aute Center, Inc. Time period October 16, 1992 thru June 30, 1993. ~ -- , Final hearinc~3e[d July 22, 1993 requesting-proof from appl. ~L~/~/9~ see board's findings~ ~tt120 - Denied variance for setback reduction in landscape buffer 8/18/93. (Hearing was held 7/22/93). 9/15/93 Delivery of Supreme Court Appeal to Town Clerk Re: 8/18/93 determination of ZBA, and 9/22/93 Delivery of Action against the Town of Southold concerning constitutionality of the Zoning Code. APPEALS BOARD i~EM_BERS Gerard P. C~ehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri~h~d C. Wilton Telephone (516) 765-1809 BO~ OF TO~ OF SO~O~ ACTION OF ~E SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119-SE. FINAL DETERMINATION on the Application of MATTITUCK AUTO CENTER, INC. (as tenant) and WILLIAM GOODALE (as owner) in this request for approval of Special Exception under the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment as a principal use ; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale in conjunction with the new car sales-rental establishment; (d) accessory office use incidental to the new principal use as a new car sales establishment, and related accessory uses. Location of Property: 7655 Main Road (N.Y.S. Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. WHEREAS, an interim decision was rendered by this Board under this application, with fifteen (15) conditions, dated October 15, 1992; and WHEREAS, in that October 15, 1992 resolution, the Board of Appeals extended time (eight months minimum) for the applicant to submit adequate proof that the applicant, Mattituck Auto Center, Inc. is a new motor vehicle lot, intending to conduct, or actually conducting, as a principal use the on-site display, sales and rental of new cars, (even though only the sales and display of used cars has been conducted between 1991 and the present time); and WHEREAS, the Board of Appeals required a further hearing for a final determination to be rendered on or about July 1993, which includes review of the requisite proof, and necessary Board reviews as to whether this record, in its entirety, adequately fulfills the requirements and standards of zoning for the applicant, Mattituck Auto Center, Inc. and its proposed principal use, proposed accessory uses, as well as the percentages of business in relation to the new cars sales as well as the accessory use for sales of used cars; (Ref: Conditions #1 and #2 of the Board's October 15, 1992 determination; and WHEREAS, the applicant, Mattituck Auto Center, Inc. has been conducting on-site sales and display of used, second-hand cars since early 1991 to the present time (without proper zoning ~age 2~- Appl. No. ~119 (SE) Application of MAT..~UCK AUTO CENTER, Decision Rendered August 18, 1993 INC. permits, certificates of occupancy and use, etc.), and during the eight-month extension of time, applicant confirms that he has not sold or displayed any electric-car assembly kits at this site; and WHEREAS, after due notice, a final public hearing was held on July 22, 1993 by the Southold Town Board of Appeals, and those who desired to be heard were heard and their testimony recorded (see separate transcript of verbatim discussions during public hearing); NOW, THEREFORE, the Board finds as follows: 1. The provision of the Southold Town Zoning Code under which this application is made reads as follows: Article X, Section 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. ~age 3'- Appl. No. '119 (SE) Application of MAT _TUCK AUTO CENTER, Decision Rendered August 18, 1993 INC. (e) The storage of gasoline or flaa~nable oils in bulk shall be located fully underground and not be less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from the street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. 2. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a noncon- forming single-family residential use. The existing structures are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 4. By this application, a review and determination is requested to approve the on-site sales and display of used, second-hand cars as a principal use rather than as an accessory use. Applicant proposes: (a) outside, on-site sales, storage, parking and display of used cars and other used vehicles; (b) on-site sales, leasing, and business office use related to the primary use for the sales of used cars, and catalog sales of electric car kits. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence is limited to approximately 640 sq. ft. (the second floor only of the front building). 5. Subsection 12(b) of Section 100-101B provides by Special Exception from the Board of Appeals for the "...sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles .... " It is noted that applicant, Mattituck Auto Center, Inc. is not displaying or advertising new vehicles at the premises. In fact, it Bage 4'- Appl. No. ~119 (SE) Application of MAT. ~fUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 is admitted that only used cars are displayed or advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site, either assembled, disassembled in kits, or otherwise. It is the position of this Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. (See copy of one-year limited agreement dated 6/10/92 between Robert A. Adams, Vice President of Solar Car Corporation of Melbourne, Florida, and the applicant, Mattituck Auto Center, Inc.) 6. For the record, it is noted that this parcel is also nonconforming as to the required lot size for the two or more principal residential uses. The total lot area of this parcel is 36,155 sq. ft., and the total lot area required under the current zoning code for each residential unit under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total requirement of 60,000 sq. ft. for two principal (primary) uses. The requirement for a third principal use is an additional 30,000 sq. ft., total 90,000 sq. ft. of land area (ref. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc.). 7. Also noted, as shown in the record, previous Special Exception applications of rendered by the Board of Appeals: are the following denials of the applicant herein as A) Denial of Application No. 4066 for a Special Exception to establish new use for outside, on-premises new and/or used motor vehicles sales and leasing rendered December 16, 1991; B) Denial of Application No. 4093 for a Special Exception requesting the sales of new and used motor vehicles. 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor sufficient documentation submitted, to show fulfillment of the 'standards and conditions set forth in the zoning code at Section 100-101B(12-b). NOW, THEREFORE, on motion by Member Member Doyen , it was ¥i]]a , seconded by RESOLVED, that it is hereby DETERMINED this Board is without authority to grant the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision (as enacted by the Town Board on January 10, 1989). VOTE OF THE BOARD: Goehrin~e~. duly adopted. lk Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and This resolution was GERARD P. GOEHRINGER/, CHAIRMAn" / PLANNING BOARD MEMBERS Richard G. Wa~d. Chairman C,~orgc Ritchlc Latham. Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 J. Kevin McLaughlin, P.O. Box 1210 Southold NY 11971 PLANNING BOARD OFFICE TOWN OF $OUTHOLD Septeraber 3, 1993 Esq. SCOTT L. HARPJS Supervisor Hall. 53095 Main Road P. O. BoX 1179 Southold, New York 11971 :?F~L~ 15161_765 - 1823 --'--~":C ? _~ . ~ . Used Car Business 800' West of Factory Ave. on Route 25, Laurel Zoning District: General Business (B) SCTM9 1000-122-6-30.1 Dear Mr. McLaughlin: We have been notified by the Board of Appeals that they are without authority to grant Special Exception Appl. No. 4119 (SE) for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use at the above referenced property. Accordingly, we are closing your applicants site plan application file. If you have any questions, or require further information, please contact this office. V. er!~ tru/I!/ your~, / .// //., .,7 Chairman .cc: Gerard P. Goehringer, Chairman, Board of Appeals Thomas Fisher, Building Inspector In Charge APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 South. old, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~CT!ON OF THE BOARD Appl. No. 4092. Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 36,155 sq. ft. parcel. -Third ~inci-p. al ~se-±~ £oz--tbe-~tablishment-'of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on March 25, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 2. The subject parcel contains a total area of 36,155 sq. ~. (.83 acre) with a frontage of 120.0 feet along the north Page 2 - Appl. No. o. 92 Decision Rendered April 2, 1992 Matter of WILLIAM GOODALE side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved wi~h two principal structures, each containing a nonconforming single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April I1, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. This is a variance application appealinq the MARCH 2, 1992 Building Inspector's Notice of Disapproval concerning the lot area reql/irement for a proposed third principal use. The third use proposed will require a Special Exception from this Board, which is pending at this time under Application Number 4093, for: {a) proposed outside sales, storage, parking and display of used cars and other used vehicles; ..... (b) p£u~u~ed--sal~s, ~easTng/,-and~b~siness-office uses, to be located as a secondary principal use in the front building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy $Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy $Z12534 dated June ii, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521) for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodaie which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residenuiai area of the fronu principal building, without physical enlargemen~ of the principal structure and without expansion of any noncon~ormin, g living Page 3 - Appl. No. 92 Decision Rendered April 2, i992 Matter of WILLIAM GOODALE areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory law~/er's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing, and for which a Special Exception application has been requested and is separately pending. {Approvals are also necessary by the Town Plan~ing-Board-under-rhe-site~lanr~gu'l-~tions of the zoning code, as well as the Tow/~ Building Department, and other County and State governing agencies.} 5. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, euc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. Cc~-foined, the total lot area required for three principal uses is 90,000 sq. ft. of land area -- for which this variance has been requested. 6. Alternatively, the applicant has agreed to substitute one of the existing (residential) principal uses in exchange for the proposed new car sales establishment with incidental accessory uses. The lot area requirement will not be reduced from that as exists with two principal uses on this 36,155 sq. ft. nonconforming lot. 7. In considering the area variance standards for three uses on this 36,155 sq. ft. parcel, the Board finds: (a) that the practical difficulties claLmed are not sufficient to grant the entire relief requested, and the practical difficulties claLmed as a ground for this variance has been created by the owner/tenant -- not uniquely related to the land as required by the standards set for such area variances; (b) that there is an alternative available for appellant to pursue, as noted below, to exchange one of the existing principal uses for the proposed new car sales; (c) that the grant of third use will essentially change the character of the neighborhood and will be incompatible with the overall plan and policy for development cf ~age 4 - Appl. No. 92 Decision Rendered April 2, Matter of WILLIAM GCODALE 1992 the town; conditions as such would be distinctly different from those existing in the locality by adding problems incident to an increase in density; (d) that the difficulties for a third use are self-created since the landowner is bound by the applicable provisions of the ordinance and by the facts and circumstances concerning the use of his property; (e) that the amount of relief requested for a third principal use is substantial in relation to the requirements -- increasing the nonconformance by approxLmately 80% over that which exists. (f) that the landowner is not deprived of a reasonable return on his land and is not prevented from using the land; (g) that proof has not been submitted as to actual dollars and cents which is necessary under the circumstances to show the extent of practical difficulties claimed to be suffered; (h) that in view of the manner in ~nich the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the entire relief requested, but granting alternative relief as described below. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DF=NY the entire relief as requested for a third principal use, and ALTERNATIVELY APPROVE relief to permit a total of two principal uses instead of three principal uses, as applies to the insufficient lot area of this parcel, SUBJECT TO THE FOLLOWING CONDITIONS AND PROVISIONS: 1. That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 2. That the existing rear residential cottage structure shall be converted to accesso~f storage use or removed within three (3) years from.the date of the filing of this variance determination; and Page ~ - .~ppl. No. )92 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 3. That this area variance is contingent upon receiving and meeting all other standards and requirements for a Special Exception, site plan, and other state/county regulations. 4. That Covenants and Restrictions shall be prepared in legal form, submitted to the Board of Appeals, for approval by town counsel, within 120 days of this determination, and recorded with the Suffolk County Clerk's Office before effectuating this approval; and 5. That all requirements must be met and final site plan a~proval be obtained in accordance with the site plan adopted by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Grigonis and Goehringer. Nay: Member Villa. This resolution was duly adopted. ~4-1 margin). !k GERARD P. GOEHP. ZNGER, CHAIRMAN Page 4 - December 1987 Variance Not Predicated on Considerations of Public Welfare Struck Down NY Cornell University v. Bagnardi, 503 N.E.2d 509 (1986) Cornell applied for a variance allowing it to expand its operations into an adjacent residentially zoned district. The zoning board denied the application, finding that the character of the neighborhood would suffer if the variance were granted and that Cornell would suffer no hardship if it were denied. The board stressed that Cornell had shown no special need to move to the particular area it had chosen. Cornell sought a declaration that the ordinance was unconstitutional'or un- constitutionally applied to the university. A.~r a court finding that the ordinanc~e was void as applied to the university in that there was no evidence that Cor- ffell's use of the land would endanger the public welfare, the board appealed. DECISION: While there is a presumption that educational uses will always benefit the public, it may be rebutted by evidence that the proposed use will actuallyhave a nega~'ve impact. In all instances, however, the governing stan- dard should be the protection of the public's health, safety, morals and general the granting of the variance depended on proof of undue hardship. ")~. d not relate to public welfare, it was an improper standard. The univers-/ ity n~a.y apply for a special permit, therefore, without having to demonstrate/ special ,need. The municipality, on the other hand, is permitted to impose/ nable conditions on the expansion to protect the surrounding community./ ,/ Variance Denied Where Undue Hardship Created by Landowner MN Castle Design & Development Company, Inc. v. City of Lake Elmo, 396 N.W. 2d 578 (1986) Castle Design owned an undersized parcel on which it wanted to build a house. It sought variances in the minimum lot size, the structure setback and the septic tank Iocatiun. The city council twice denied Castle Design the variances, although all of the lots in the area were undersized and received variances. Castle sued the city on the ground that its denial of the variances was unreasonable. The trial court ruled for the city, and Castle Design appealed. DECISION: Affirmed. A city may grant a variance where the zoning ordinances could cause un- due hardship. Its variance decision will be upheld by courts unless it is unreasonable, as measured by the standards set out in the zoning ordinance. Here, thc city's earlier decisions granting variances to nearby Iot.s inmlved larger parcels with different kinds of septic systems. Thus, the city did not treat similar- ly sitaated parties unequally by denying Castle Design's variance request. Moreover, when Castle Design bought the parcel, it knew it was under- December 1987 - Page 5 sized. Since it purchased the property with notice of the zoning ordinance's restrictions, its hardship was self-created and does not constitute that "undue hardship" which justifies a variance. Conditional Use Permit - Landfill GA East-Bibb Twiggs Neighborhood v. Macon-Bibb Planning, 662 F. Supp. 1465 (1987) The Mullis Tree Service applied to the Macon-Bibb County Planning and Zoning Commission for a conditional use permit to operate a landfill in an area zoned as agricultural. The zoning ordinance allowed such conditional uses, providing the sanitary landfill complied with all applicable city, county, state and federal regulations. Following numerous hearings, the conditional use permit was granted. Pro4 perty owners allegedly affected by the decision objected to the commission's decision; the complaint was dismissed, and the property owners appealed. DECISION: The property owners' failure to exhaust state law remedies pre- cluded their federal claim. However, if the commission's decision was motivated by race, the cmnplainants had a federal equal protection cause of action. It was within thc district court's discretion to determine whether the zoning board had. as alleged, conspired to locate undesirable land use activities in areas with primarily poor or black inhabitants. Ordinance - Cost Allocation Based on Anticipated Impact Invalid NJ New Jersey Builders Association v. Bernards Township, 528 A.2d 555 (1987) Pursuant to a comprehensive transportation and traffic study, Bernards Township passed an ordinance allocating the $20 million cost of an extensive road improvement program which was to take place over a twenty-year period. The formula used in determining cost allocation estimated the share to be borne by future developers to be 68.6 percent. Sevemt trade organizations, made up of builders and developers, sued to invalidate the ordinance. The lower courts found enactment of the ordinance to be beyond the limited authority granted to the municipality to require developers to pay their share of "reasonable and necessary" off-site im- provements. Furthermore, the plaintiffs were found to have sufficient adverse interests at stake to grant them standing to sue. The township appealed. DECISION: Affirmed. The part of the ordinance requiring developers to pay their pro rata share of the improvement plan exceeded the township's authority, which is limited only to those improvements arising as a direct consequence of a particular development under review. As the township could not surpass this authority by allocating costs on the basis of new developments' anticipated impacts, the ordinance was invalid. Lis= of Z.8.A. Ac=ions Eot Reference as Needed Site ID: 1000-122-6-30.1 (PREVIOUSLY Lo~ 30) Applicants: Richard Goadale, William Goodale, Mattituck Auto Center, Inc. ~-3521 - Note: Variance to reduce living area. to less than 850 sq. ft. in order to eventually add' lawyers office in existing principat- building~ 7/31/86 Lawyer's office never added - no.further-*applications made,to Town DepaFtmert~s for this proposed change. ~Lt066 - Denied SE for motor vehicle.sales and leesincj. 12/16/91 Variance for insufficient' lot-area for three uses; denied with grant on u,/2/92 of- alternative for two uses, with zoning restrictions. Special Exception denied without prejudice for New-Cat- Dealer. ship with accessory use car sales- 5/18/92. ~u,119 - Special Exception - Hearings held 7/29/9.2 F, 9/10/92 Interim action taken' 10/15/92 to allow additional eight-month period to applicant for submission of proof per~ainincj to. new-car sales by Mat~tuct< Auto Center, Inc. Time period October 16, 1992 thru June 30, 1993. ~ . ~held July 22, 1993 requesting-proof from appl. A~t~r'~/~;/(~_L~Denied on 8118~- see board's findings: ~tt120 - Denied variance for setback reduction in landscape buffer 8/18/93. [Hearing was held 7/22/93). 9/15/93 Delivery of Supreme- Court Appeal to Town Clerk Re: 8/18/93 determination'of ZBA, and 9/22793 Delivery of Action.against- the Town of Southold concerning constitutionality of the Zoning Code. Chamber No. 94-211 MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter of the Application of MATTITUCK AUTO CENTER, INC., RICHARD GOODALE and WILLIAM GOODALE, Petitioners, For a Judgment under Article 78 of the Civil Practice Law and Rules in the Nature of Certiorari -against- GERARD P. GOEHRINGER, Chairman, SERGE DOYEN, JR., JAMES DINIZIO, JR., ROBERT A. VILLA and RICHARD W. WILTON constituting the TOWN OF SOUTHOLD BOARD OF APPEALS, Respondents. J. KEVIN McLAUGHLIN Atty. for Petitioners 1050 Youngs Ave. P.O. Box 1210 Southold, NY 11971 TRIAL TERM, PART 23 BY: FLOYD, J. DATED: March 31, 1994 INDEX No. 22486-93 CDISPSJ HARVEY A. ARNOFF / Town Attorney Atty. for Respondents Southold Town Hall P.O. Box 1179 53095 Main Rd. Southold, NY 11971 This is an Article 78 proceeding for judgment setting aside a determination of respondent, Town of Southold Board of Appeals (Board) dated August 18, 1993. The subject property is located at 7655 Main Road (Rt. 25), Mattituck, Suffolk County, New York, and petitioner has been operating an automobile dealership at the site. Petitioner applied to the Board for the following relief: For a Special Exception to the Zoning ordinance, Article X, ~100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory use incidental Mattituck Auto Center v Southold Board of Appeals Index No. 22486-93 Page 2 to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. The application came. on for hearing before the Board on July 22, 1993, being a continuation of a prior hearing on october 15, 1992. On August 18, 1993, the Board rendered its determination and findings, which determination reads: RESOLVED, that it is hereby DETERMINED this Board is without authority to qrant the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision as enacted by the Town Board on January 10, 1989. (underlining in original). The Board vote of five members was unanimous. The findings cite Article X, ~100-101B of the Southold Town Zoning Code which lists (inter alia) as a use permitted by special exception: "new and used motor vehicle lots" and "sale of used vehicles ... shall be conducted only as accessory to the sale of new vehicles .... " The determination notes that the premises is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold and contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a nonconforming single-family residential use. Referring to the Code requirement that the sale of used vehicles be conducted only as accessory to the sale of new vehicles, the Board states: It is noted that applicant, Mattituck Auto Center, Inci, is not displaying or advertising new vehicles at the premises. In fact, it is admitted that only used cars are displayed or Mattituck Auto Center v Southold Board of Appeals Index No. 22486-93 Page 3 advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site, either assembled, disassembled in kits, or otherwise. It is the position of this Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. Observation was also made that the parcel is nonconforming as to required lot size for two or more principal residential uses. In characterizing the determination as arbitrary and capricious and made without reasonable grounds, petitioner charges: That nowhere in the Town Code is there a definition of the term accessory use; that the Board's requirement that petitioners furnish proof that its sales of cars exceeds the sales of used vehicles in order to qualify for a special exception lacks foundation in the Code; that petitioner has expended $250,000 in improving the site and in establishing their new and used car dealership, that on information and belief, the Board has not subjected other applicants to the same standard; that new .car dealers generally derive substantially more income from the combination of used car sales plus repairs than from the sale of new vehicles. DECISION Although the Code may not define "accessory", there is no difficulty in ascertaining its accepted meaning. Thus, from Black's Law Dictionary, Fifth Edition: Accessory use. with reference to zoning law, an 'accessory use' in its ordinary signification is a use which is dependent upon or pertains to principal or main use ... accessory use is one which is subordinate to, clearly incidental to, customary in connection with, and ordinarily located on the same lot with, 'principal use'.~.. At the hearing, counsel for petitioner said: Mattituck Auto Center v Southold Board of Appeals Index No. 22486-93 Page 4 (pg. 52 of Minutes): Very frankly .... despite the best efforts of Mr. Goodalc ... there have been no sales of electric cars out of that dealership. Electric cars are available. He is more than willing to sell tn [sic] electric cars ... and has the ability to obtain them and to sell them to anybody that is interested. Unfortunately, it would appear that presently on the North Fork there isn't a huge market for electric cars. Again (pg. 56 Minutes): The Clerk: Servicing and repair of the electric vehicles that you are selling on your property. Mr. McLaughlin: Well, there haven't been any sales of electric vehicles. Electric cars are the commodity petitioner proposes to sell as new, in contrast to and in connection with used cars. The Board's findings and conclusions are not found to be arbitrary or capricious. It is simply following the mandate of the zoning ordinance and, being subject to it, cannot grant a special exception where used cars are not being sold in conjunction with new ones. Petitioner's remedy would appear to lie with the Town Board for legislative amendment rather than to petition the Zoning Board for relief. In Harwood v Board of Trustees of Incorporated Village of Southamptom, 176 AD2d 291, 574 NYS2d 217 (2d Dept., September 1991), the Court declared that in a proceeding pursuant to CPLR Article 78, a court may not substitute its judgment for that of the body of review if the decision made after a hearing is supported by substantial evidence and is not arbitrary or an abuse of discretion. Where the determination of responsible local officials in the affected community has a rational basis and is~upported substantial evidence, it will be sustained. / by The petition is dismissed. Settle Judgment. APPEALS BOARD NiEMBERS Gerard R Goehring~r, Chairma~ Serge Doyen, Jr. James Dini~io, Jr. Robert A. Villa Ri~d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOV~N OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HA_Ri~S Supervisor Town Hall, 58095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119-SE. FINAL DETERMINATION on the Application of MATTI~3CK AUTO CEnTeR, INC. (as tenant) and WILLIAM GOODALE (as owner) in this request for approval of Special Exception under the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment as a principal use ; (b) an establishment of an accessor~ use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale in conjunction with the new car sales-rental establishment; (d) accessory office use incidental to the new principal use as a new car sales establishment, and related accessory uses. Location of Property: 7655 Main Road (N.Y.S. Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. WHEREAS, an interim decision was rendered by this Board under this application, with fifteen (15) conditions, dated October 15, 1992; and WHEREAS, in that October 15, 1992 resolution, the Board of Appeals extended time (eight months minimum) for the applicant to submit adequate proof that the applicant, Mattituck Auto Center, Inc. is a new motor vehicle lot, intending to conduct, or actually conducting, as a principal use the on-site display, sales and rental of new cars, (even though only the sales and display of used cars has been conducted between 1991 and the present time); and WHEREAS, the Board of Appeals required a further hearing for a final determination to be rendered on or about July 1993, which includes review of the requisite proof, and necessary Board reviews as to whether this record, in its entirety, adequately fulfills the requirements and standards of zoning for the applicant, Mattituck Auto Center, Inc. and its proposed principal use, proposed accessory uses, as well as the percentages of business in relation to the new cars sales as well as the accessory use for sales of used cars; (Ref: Conditions ~1 and $2 of the Board's October 15, 1992 determination; and WHEREAS, the applicant, Mattituck Auto Center, Inc. has been conducting on-site sales and display of used, second-hand cars since early 1991 to the present time (without proper zoning Page 2 - Appl. No. 4~19 (SE) Application of MAT..fUCK AUTO CENTER, Decision Rendered August 18, 1993 INC. permits, certificates of occupancy and use, etc.), and during the eight-month extension of time, applicant confirms that he has not sold or displayed any electric-car assembly kits at this site; and WHEREAS, after due notice, a final public hearing was held on July 22, 1993 by the Southold Town Board of Appeals, and those who desired to be heard were heard and their testimony recorded (see separate transcript of verbatim discussions during public hearing); NOW, THEREFORE, the Board finds as follows: 1. The provision of the Southold Town Zoning Code under which this application is made reads as follows: Article X, Section 100-10lB. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. Page 3 - Appl. No. '119 (SE) Application of MAT _TT/CK AUTO CF~, Decision Rendered August 18, 1993 INC. (e) The storage of gasoline or flam~nble oils in bulk shall be located fully underground and not be less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from the street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third ( 1/3 ) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen ( 14 ) feet above ground level and so directed that ill,,mlnation should not extend beyond lot lines. 2. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, To%a/ of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a noncon- forming single-family residential use. The existing structures are show// on the April 1!, 1986 survey prepared by Anthony W. Lewandowski, L.S. 4. By this application, a review and determination is requested to approve the on-site sales and display of used, second-hand cars as a principal use rather than as an accessory use. Applicant proposes: (a) outside, on-site sales, storage, parking and display of used cars and or. her used vehicles; (b) on-site sales, leasing, and business office use related to the primary use for the sales of used cars, and catalog sales of electric car kits. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence is limited to approximately 640 sq. ft. (the second floor only of the front building). 5. Subsection 12(b) of Section 100-10!B provides by Special Exception from the Board of Appeals for the "...sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles .... ,, It is noted that applicant, Mattituck Auto Center, Inc. is not displaying or advertising new vehicles at the premises. In fact, it ~age 4 - Appl. No. 4119 (SE) Application of MAT..fUCK AUTO CENTER, Decision Rendered August 18, 1993 INC. is admitted that only used cars are displayed or advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site, either assembled, disassembled in kits, or otherwise. It is the position of this Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. (See copy of one-year limited agreement dated 6/10/92 between Robert A. Adams, Vice President of Solar Car Corporation of Melbourne, Florida, and the applicant, Mattituck Auto Center, Inc.) 6. For the record, it is noted that this parcel is also nonconforming as to the required lot size for the two or more principal residential uses. The total lot area of this parcel is 36,155 sq. ft., and the total lot area required under the current zoning code for each residential unit under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total requirement of 60,000 sq. ft. for two principal (primary) uses. The requirement for a third principal use is an additional 30,000 sq. ft., total 90,000 sq. ft. of land area (ref. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc.). 7. Also noted, as shown in the record, are the following denials of previous Special Exception applications of the applicant herein as rendered by the Board of Appeals: A) Denial of Application No. 4066 for a Special Exception to establish new use for outside, on-premises new and/or used motor vehicles sales and leasing rendered December 16, 1991; B) Denial of Application No. 4093 for a Special Exception requesting the sales of new and used motor vehicles. 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor sufficient documentation submitted, to show fulfillment of the standards and conditions set forth in the zoning code at Section 100-101B(12-b). NOW, THEREFORE, on motion by Member Vi]Ia , seconded by Member Doyen , it was RESOLVED, that it is hereby DETERMINED this Board is without authority to grant the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision (as enacted by the Town Board on January 10, 1989). VOTE OF THE BOARD: Goehringe~. duly adopted. Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and This resolution was GERARD P. GOEHRINGER/, CHAI~' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-;.809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 4092. Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Variance to the Zoning Ordinance, Article ~IV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 36,155 sq. ft. parcel. -Third~z-incipal users £or-th~ ~ablishment-'of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on March 25, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north Page 2 - Appl. No. o. 92 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. This is a variance application appealing the MARCH 2, 1992 Building Inspector's Notice of Disapproval concerning the lot area requirement for a proposed third principal use. The third use proposed will require a Special Exception from this Board, which is pending at this time under Application Nu~ber 4093, for: (a) proposed outside sales, storage, parking and display of used cars and other used vehicles; .... (b) prop~sed-sal=s,-leasin~-and'business-office uses, to be located as a secondary principal use in the front building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy ~Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy %Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: law~/er's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal building, without physical enlargement of the principal structure and without expansion of any nonconforming living Page 3 - Appl. No. 92 Decision Rendered April 2, 1992 Matter of WILLIAM GOODALE areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing, and for which a Special Exception application has been requested and is separately pending. {Approvals are also necessary by the Town Planning Boar~ under-the-site ~lan r~qu-l~tions of the zoning code, as well as the Town Building Department, and other County and State governing agencies.} 5. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. Combined, the total lot area required for three principal uses is 90,000 sq. ft. of land area -- for which this variance has been requested. 6. Alternatively, the applicant has agreed to substitute one of the existing (residential) principal uses in exchange for the proposed new car sales establishment with incidental accessory uses. The lot area requirement will not be reduced from that as exists with two principal uses on this 36,155 sq. ft. nonconforming lot. 7. In considering the area variance standards for three uses on this 36,155 sq. ft. parcel, the Board finds: (a) that the practical difficulties claimed are not sufficient to grant the entire relief requested, and the practical difficulties claimed as a ground for this variance has been created by the owner/tenant -- not uniquely related to the land as required by the standards set for such area variances; (b) that there is an alternative available for appellant to pursue, as noted below, to exchange one of the existing principal uses for the proposed new car sales; (c) that the grant of third use will essentially change the character of the neighborhood and will be incompatible with the overall plan and policy for development of Page 4 - Appl. No. 95 Decision Rendered April 2, 1992 Matter of WILLIAM GOODALE the town; conditions as such would be distinctly different from ~hose existing in the locality by adding problems incident to an increase in density; (d) that the difficulties for a third use are self-created since the landowner is bound by the applicable provisions of the ordinance and by the facts and circumstances concerning the use of his property; (e) that the amount of relief requested for a third principal use is substantial in relation to the requirements -- increasing the nonconformance by approximately 80% over that which exists. (f) that the landowner is not deprived of a reasonable return on his land and is not prevented from using the land; (g) that proof has not been submitted as to actual dollars and cents which is necessary under the circumstances to show the extent of practical difficulties claimed to be suffered; (h) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the entire relief requested, but granting alternative relief as described below. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the entire relief as requested for a third principal use, and ALTERNATIVELY APPROVE relief to permit a total of two principal uses instead of three principal uses, as applies to the insufficient lot area of this parcel, SUBJECT TO THE FOLLOWING CONDITIONS AND PROVISIONS: 1. That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 2. That the existing rear residential cottage structure shall be converted to accessory storage use or removed within three (3) years from the date of the filing of this variance determination; and · Page 5 - Appl. No. )92 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 3. That this area variance is contingent upon receiving and meeting all other standards and requirements for a Special Exception, site plan, and other state/county regulations. 4. That Covenants and Restrictions shall be prepared in legal form, submitted to the Board of Appeals, for approval by town counsel, within 120 days of this determination, and recorded with the Suffolk County Clerk's Office before effectuating this approval; and 5. That all requirements must be met and final site plan approval be obtained in accordance with the site plan adopted by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. and Goehringer. Nay: Member Villa. adopted. (4-1 margin). lk Dinizio, Doyen, Grigonis This resolution was duly GERARD P. GOEPIRINGER, CHAIRMAN APPEALS BOARD N[E[ViBERS Gerard P. Goehringer, Ch,lrman Serge Doyen, Jr. James Diaizio, Jr. lqnbert A. Villa R~h-~cl C. Wil~on Telephone (516) 765-1809 BOAi~D OF APPEALS TOVFN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4120-V. Application in behalf of MATTIT~3CK AU~D CEBT~R, INC. and · 'WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on July 22, 1993, at which time all those who desired to be heard were heard and their testimony recorded (see written transcript of verbatim discussions during public hearing); and .-WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and NOW, THEREFORE, the Board finds as follows: 1. This is an appeal of the June 23, 1992 Building Inspector's Notice of Disapproval concerning the requirement for a 25-ft. buffer zone in the front yard.,area as per Article XXI, Section 100-212B of the zoning regulations. 2. This. provision reads as follows: Section 100-212. Front landscaped area. A front landscaped area shall'be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. As a minimum, in all non-residential districts...one (1) shade tree having a caliper of two (2) inches shall be planted within the front landscaped area for each forty (40) feet or fraction thereof of lot Page 2 ~ Appl. No. 20 Application of Mattituck Auto Center, Inc. Decision Rendered August 18, 1993 (Tenant) frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view .... ... B. Nonresidential districts. In all nonresidential districts, there shallbe a landscaped strip in the front yard area; in the ... General Business ...Districts, the strip shall be twenty-five (25) feet .... There shall also be a landscaped area five (5) feet wide abutting the front of the building in all nonresidential districts... 2. The subject property is located in the "B" General Business Zone District in the Hamlet of Mattituck, To%~n of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with frontage of 120.0 feet along the north side of'State Route 25 {Main Road}. The average depth of the parcel is 402+- feet. This parcel is presently improved with two buildings, each containing a nonconforming single-family residential use and built prior to April 23, 1957. These buildings are more particularly shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. to be 53+- feet from the southerly front property line. 4. Reference is also made to other requirements of the z~ning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to two nonconfor~..ing one-family dwellings with accessory storage; (b). Certificate of Occupancy ~Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses other, than the existing two single-family residences occupied the premises. (c) Years later, in 1991, a third new principal use was added, without' town approvals, for used-car sales and leasing business uses. (d) On October 31, 1991, an application for a Special Exception was applied for under Appl. No. 4066 requesting a · Page'3 - Appl. No. 120 Application of Mattituck Auto Center, Decision Rendered August 18, 1993 Inc. ( Tenant ) permit to sale, store, display and park used cars and used vehicles. That Special Exception permit was denied on December 16, 1991 by the Board of Appeals for several reasons {please see specifics of determination filed with the Town Clerk on January 9, 1992}. At this time, area variances were necessary for this new use on this parcel. Also, it should be noted that proposed used car sales and leasing establishments are permitted only as an accessory use to a new car sales establishment or dealership -- which proof was not substantiated in the record. (e) Also, under Appl. No. 4093-SE, another Special Exception application was filed b~ Mattituck Auto Center and William Goodale for the sales, storage, display, and office related to new 'and used cars, which application was denied by the Board of Appeals on May 18, 1992. (f) On July 10, 1992, a subsequent Special Exception application was filed under Appl. No. 4119-SE for catalog sales of electric-car kits, and used cars, display, storage and office use related thereto. An interim decision was rendered by the B6ard of Appeals on October 15, 1992, remanding this matter for a final hearing to be held in July 1993. A final hearing was held on July 22, 1993, and the Board of Appeals denied the Special Exception on August 18, 1993. (g) At this point in time, a formal application has not been filed and processed by the Southold Town Planning Board, the Building Inspector's office for an occupancy qertificate, County Health for septic and/or water approvals, N.Y.S. Department of Transportation (as may be deemed appropriate by law). or (h) Also, it is noted that the "Official Business Certificate" issued under the Vehicle and Traffic Law on 6/.8/92 by the N.Y.S. Department of Motor Vehicles has expired as of 12/31/92. 5. The practical difficulties claimed by the applicant-tenant are noted as follows: (a) displaying vehi61es at more than 25 feet from the front property line would, they claim, preclude the possibility of a successful operation; (b) displaying vehicles at more than 25 feet from the front property line, they claim, would prevent necessary exposure, and that the display of vehicles must be visible to the public for viewing and inspection; ~age 4 - Appl. No. ±20 Application of Mattituck Auto Center, Decision Rendered August 18, 1993 Inc. (Tenant) (c) The property is already improved with buildings, lending to the limited area for outside vehicle displays. (d) Other businesses, they claim, do not rely too heavily upon public visibility for a successful business. 6. It is the position of this Board that the difficulties claimed are not sufficient to warrant the variance requested for the following reasons: (a) the front yard area {between the front of the existing principal dwelling and thefront property line} is 'shown to be an open, cleared area of approximately' 6413+- sq. ft., 53 deep feet by 121 feet wide. The amount of area which would be required for a landscape buffer along the front property line, excluding the egress and ingress areas, amounts to approximately 1950 sq. ft. (25 ft. deep by 78+- feet wide). The percentage of relief requested from the requirement requesting by applicant-tenant is 100 percent, or 1950+- sq. ft., in order that they may display up to eight (8) cars closer to the state highway. (b) There are alternatives available for appellant to pursue - particularly in light of the fact that there is land area available for this required ground cover {landscape} buffer. (c) The relief, as requested is not consistent with the essential character of the neighborhood - and the grant of this type will set a precedent for other new businesses to follow for little or no ground cover buffer. (d) the difficulties claimed are self-created and are not only related to uniqueness of the property; (e) the variance, if grante~, to the safety, health, welfare, comfort, of the town and nearby properties; will in turn be adverse convenience and order (f) the amount of relief requested in relation to the requirements is substantial at 100 percent; (g) the land area. required to be placed with ground cover for a buffer does not entirely eliminate spaces for vehicle storage, display and/or parking since there are other areas, other than the front yard, on this site for this purpose; and (h) the code specifications for a 'buffer' is "ground cover" to "...enhance the appearance of the use on the lot but not to screen the use from view .... " (Emphasis added). A -- ~age'5 - Appl. No. !0 Application of Mattituck Auto Center, Decision Rendered August 18, 1993 Inc. (Tenant) ground cover 25 feet deep along the front property line will certainly not screen'3the use from view. Accordingly, on motion by Member Villa, seconded by Member Doyen,' ~-~as '~i REsoLVED,. that the relief requeste~..under Appl. No~ 4120 be and hereby is DENIED. Vote of-the Board: Ayes: Me~s~s. Villa, Doyen, Dinizio, Wilton, and. Goehringer, ~.~.This r~esdlution was duly adopted. '1 THE .SOU HOLD TOWN C m-%K Town Clerk, Town of South¢!d Lis: of Z.8.A. Actions for Reference as Needed Site ID: 1000-122-6-30.1 (PREVIOUSLY Lot 30) Applicants: Rlchard Goodale, William Goodale, Nattituck Auto Center, Inc. ~3521 - Note: Variance to reduce living area-to less than 850 sq. ft. in order to eventually add' lawyee's office in existing principal: building; 7/31/86 Lawyer's office never added - no further-applications made,to Town Deparrtments for this proposed change. ~Lt066 - ~092 - Denied SE for motor vehicle,sales and leasincj. 12/16/91 Variance for insufficient lot .area for three uses; denied with grant on L~/2/92 of' alternative for two uses, with zoning restrictions. ~4093 - Special Exception denied without prejudice for New-Car Dealership with accessory use car sales- 5/18/92. ~u,119 - Special Exception - Hearings held 7/29/92 ~, 9/10/92 Interim action taken-10/15/92 to allow addrcional eight-month period to applicant for submission of proof pertaining to. new-car sales by Mattituck Auto Center, Inc. Time period October 16. 1992 thru June 30, 1993. FinaLI3ear~nq. held July 22, 1993 requesting-proof from appl. ~/(~-~r~nenied on 8~793~- see board's findings; ~L~120 - Denied variance for setback reduction in landscape buffer 8/18/93. (Hearing was held 7/22/93). 9/15/93 Delivery of Supreme Cour~ Appeal to Town Clerk Re: 8/18/93 determination of ZRA. and 9/22/93 Delivery of Action'against the Town of Southold concerning constitutionality of the Zoning Code. Lis~ of Z.B.A. Actions for Reference as Needed Site ID: 1000-122-6-30.1 (PREVIOUSLY Lot 30) Applicants: Richard Goodale, William Goodale, Mattituck Auto Center, Inc. #3521 - Note: Variance to reduce living area to less than 850 sq. ft. in order to eventually add lawyer's office in existing principal building. 7/31/86 Lawyer's office never added - no further ,applications made to Town Departments for this proposed change, #4066 - Denied SE for motor vehicle sales and leasing 12/16/91 #4092 - Variance for insufficient lot area for thre~ uses; denied with grant on 4/2/92 of alternative for two uses. with zoning restrictions. #u,093 - Special Exception denied without prejudice for New-Car Dealership with accessory use car sales 5/18/92. #4119 - Special Exception - Hearings held 7/29/92 $ 9/10/92 Interim action taken-10/15/92 to allow additional eight-month period to applicant for submission of proof pertaining to new.car sales by Mattituck Auto Center, Inc, Time period October 16, 1992 thru June 30, 1993. Final hearing held July 22, 1993 requesting-proof from appl, Denied on 8/18/93 - see board's findings; #4120 - Denied variance for setback reduction in landscape buffer 8/18/93, (Hearing was held 7/22/93), 9/15/93 Delivery of Supreme Court Appeal to Town Clerk Re: 8/18/93 determination of ZBA, and 9/22/93 Delivery of Action'against the Town of Southold concerning constitutionality of the Zoning Code. Lis~ of Z.B.A. Actions for Reference as Needed Site ID: 1000-122-6-30.1 (PREVIOUSLY Lot 30) Applicants: Richard Goodale, William Goodale, Mattituck Auto Center, Inc. #3521 - Note: Variance to reduce living area to less than 850 sq. ft. in order to eventually add lawyer's office in existing principal building, 7/31/86 Lawyer's office never added - no further ,applications made to Town Departments for this proposed change. #4066 - Denied SE for motor vehicle sales and leasing 12/16/91 #4092 - Variance for insufficient lot area for three, uses; denied with grant on 4/2/92 of alternative for two uses, with zoning restrictions. #4093 - Special Exception denied without prejudice for New-Car Dealership with accessory use car sales 5/18/92. #4119 - Special Exception - Hearings held 7/29/92 & 9/10/92 Interim action taken' 10/15/92 to allow additional eight-month period to applicant for submission of proof pertaining to new car sales by Mattituck Auto Center, Inc. Time period October 16, 1992 thru June 30, 1993. Final hearing held July 22, 1993 requesting-proof from appl. Denied on 8/18/93 - see board's findings. #4120 - Denied variance for setback reduction in landscape buffer 8/18/93. IHearing was held 7/22/93). 9/15/93 Delivery of Supreme Court Appeal to Town Clerk Re: 8/18/93 determination of ZBA, and 9/22/93 Delivery of Action against the Town of Southold concernin9 constitutionality of the Zoning ~Code. PLANNING BOARD MEMBERS Richard O. Ward, Chairman George Rltchle Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Telephone {516) 765-1938 J. Kevin McLaughlin, P.O. Box 1210 Southold NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 3, 1993 Esq. Sco/T L. HARPJS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 - 1823 RE: Used Car Business 800' West of Factory Ave. on Route 25, Laurel Zoning District: General Business (B) SCTM# 1000-122-6-30.1 Dear Mr. McLaughlin: We have been notified by the Board of Appeals that they are without authority to grant Special Exception Appl. No. 4119 (SE) for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use at the above referenced property. Accordingly, we are closing your applicants site plan application file. If you have any questions, or require further information, please contact this office. V~er!( tru/i~ you~, ' Richard G. Ward Chairman .cc: Gerard P. Goehringer, Chairman, Board of Appeals Thomas Fisher, Building Inspector In Charge PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Ritchlc Latham, Jr. Bennett Orlowsl~, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 3, 1993 J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold NY 11971 Sco/~ L. HARPJS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 ~ourhold, New York 11971 /~f~'~a~ ~ ½C:~1..~65- 1823 _~ ,',;//; RE: Used Car Business 800' West of Factory Ave. on Route 25, Laurel Zoning District: General Business (B) SCTM# 1000-122-6-30.1 Dear Mr. McLaughlin: We have been notified by the Board of Appeals that they are without authority to grant Special Exception Appl. No. 4119 (SE) for the sales and display of used, secOnd-hand vehicles as a primary use, or as an accessory use at the above referenced property. Accordingly, we are closing your applicants site plan application file. If you have any questions, or require further information, please contact this office. V, er~ tr~t'~ your~, Chairman .cc: Gerard p. Goehringer, Chairman, Board of Appeals Thomas Fisher, Building Inspector In Charge APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 31, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J. Kevin McLaughlin, 1050 Youngs Avenue Southold, NY 11971 Esq. Re: Appl. No. 4119SE - Mattituck Auto Center, Inc./Goodale Dear Mr. McLaughlin: Please find attached for your records a copy of correspondence from the Suffolk County Department of Planning in response to our referral as provided under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, park, waterway, etc. You will note that the County has left this project for local (Town) determination. Very truly yours, Linda Kowalski Enclosure COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING HAROLD J. WITHERS, PH.D. DEPUTY DIRECTOR August 25, 1993 Town of Southold Zoning Board of Appeals Applicant: Mattituck Auto Center Inc. and William Goodale Mun. File No.: 4119SE S.C.P.D. File No.: SD-93-19 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable special exception criteria. Very truly yours, Harold A. Withers Deputy Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pt=suant to Article XIV of the Suffolk County Ax~d_nistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~m%[ssion: __Variance from the Zoning Code, Article , Section __Variance from Determi'nation of Southold Town Building Inspector X Special Exception, Article X , Section 100-101B(12) of Zoning Ord. __Special Permit Appeal No: 4119SE- Applica~,t;g~ MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE Location of Affected Land: yoa~ Main Rd. (NYS Route 25), Laurel, near Mattituck, NY County Tax Map Item No.: lO00-122-6-30.1 Within 500 feet of: __' Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.x~x~ authorizing: (a) a new car sales- rental establishment; (b) an establishment of an accessory use incidental [o the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use lnciaen~al ~o thm new principal use as'a new car sales establishment. Copies of Town file and related documents enclosed for your review. Dated: August/9, 1993 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 19, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J. Kevin McLaughlin, 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Esq. Re: Appl. No. 4119 (Special Exception) - Mattituck Auto Center Dear Mr. McLaughlin: With reference to the above project, please find enclosed a copy of the Board's Findings and Determination rendered at our August 18, 1993 Regular Meeting. Copies of this determination have been transmitted to the Building Department, Planning Board, and Suffolk County Planning Commission (which governs projects within 500 feet of a State Highway). Very truly yours, GERARD P. CHAIRMAN Copies of Decision to: Building Department Planning Board Town Attorney's Office Suffolk County Department of Planning GOEHRINGER Lis~ of Z.B.A. Actions for Reference as Needed Site ID: 1000-122-6-30.1 (PREVIOUSLY Lot 30) Applicants: Richard Goodale, William Goodale, Mattituck Auto Center, Inc. ~3521 - Note: Variance to reduce living area to less than 850 sq. ft. in order to eventually add lawyer's office in existing principal building. 7/31/86 Lawyer's office never added - no further-applications madeto Town Departments for this proposed change. #4066 - Denied SE for motor vehicle.sales and leasing 12/16/91 ~4092 - Variance for insufficient lot area for three uses; denied with grant on u,/2/92 of- alternative for two uses, with zoning restrictions. ~u,093 - Special Exception denied without prejudice for New. Car Dealership with accessory use car sales- 5/18/92. ~4119 - Special Exception - Hearings held 7/29/92 & 9/10/92 Interim action taken' 10/15/92 to allow additional eight-month period to applicant for submission of proof pertaining to new-car sales by Mattituck Auto Center, Inc. Time period October 16, 1992 thru June 30, 1993. Final hearing.held July 22, 1993 requesting-proof from appl. Denied on 8/18/93 - see boardLs findlncjs~ #4120 - Denied variance for setback reduction in landscape buffer 8/18/93. (Hearing was held 7/22/93). 9/15/93 Delivery of Supreme Court Appeal to Town Clerk Re: 8/18/93 determination of ZBA. and 9/22/93 Delivery of Action against the Town of Southold concerning constitutionality of the Zoning Code. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richa~ G. Ward Ma~'k S. McDonald Kenaeth. L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'VI' L. HARRIS Supervisor Town Hall. 530g~ Main Road P.O. BOx il7~ Southold. New York 11971 Fax (516) 765-1823 From: RE: Gerard P. Goehrin~er, C' - ~-:~ ~ Orlowski, ar. Chai:man 5aC 't s Bennett William Goodale and Mattituck Auto Center, Inc. Route 25, Laurel SCTM# 1000-122-6-30.1 ZBA Appl. No. 4120 Date: July 2~, 1992 This is in response to your memorandum of July 14, 1992, requesting the ~n!.nq Board's ccm~a~t~ cn this appeal. The Planni~.j ~oard is opposed to uhe requested variance from the zoning ordinance fo~ relief from the twenty five (25) foot front yard landscaping provision of the Code. This site is in the entrance ,'corridor" of the Mattituck Business District and the To~n, It has been identified~asan area in need of visual imprint and u~gra~ing. Both b%~ess neighbors, the Suffolk Times to.the east and the Sh0PPingPlaza tO the west have front yard landscaped areas of 25' or morg. In addition to the above noted sites~the following nearby businesses have also followed or exceeded this standard: · North Fork Bankcorporation, 40' · StYPe Insurance Company (proposed), 35' Silkworth and Brisotti, 40' McDonalds (proposed}, 140' We are aware that this proposal involves adapting an existing site to a new use. However, the nature of the new use should not dictate site design in violation of the zoning code. The last site plan for a new automobile dealership that was approved by this Board was Lucas Ford where setbacks of 145' for the building and 60' for front yard landscaping were observed. Here, the lot is of sufficient size to permit outside storage and display of cars without reducing the front yard setback of 25'. Finally, we note that the business c~rtificate from the State for the haw and u~e~ car .~a!_usnip expires in five months, (Dec~u~2z. 1992)~ !uric%rY.. t>%e d~!ership agreement be5wsen the Solar Car Cor~orauior~ and the 14attituck Auto Center leaves unanswere~ the main quest!ch, which is, "Does this new car dealership constitute a primary use? The agreement does not indicate the number of solar cars that must be displayed or sold. The Zoning Code says that there must be a primary use of a new car dealership in order for there to be an accessory use of used car sales. Presumably this means that the new car business is the principal business relative to the used car business in terms of dollars in sales and volume. The evidence in your file as of this date does not show the new car dealership to be a primary use. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizJo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTERDEPARTMENTAL MEMORANDUM SCOTr L. HARRIS Supervisor. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Southold Town Planning Board Attn: Bennett Orlowski, Jr., Chairman Board of Appeals July 14, 1992 Pending Site Plan Reviews Below is a list of new projects calendared for public hearings on July 29, 1992 which are pending jointly with your office and ours: Cellular Telephone Co. d/b/a Metro One (Interpretation and Variance, and Special Exception Permit) 1000-108-4-p/o 11 Linda Taggart (Lot size and setback variance; Special Permit) William Goodale and Mattituck Auto Center, Inc. (Special'- Exception) Richard Goodale and Mattituck Auto Center, Inc. (Front yard landscape/buffer setback variance) Please feel free to submi~ a letter at this time indicating preferences or other suggestions for alternatives, if any, by the Planning Board under its site plan (or subdivision) regulations: We ask that this request be placed on your July 21, 1992 calendar in order that we may receive your comments by July 28, 1992. We are interested to know whether or not you have suggestions or alternatives to the general plan layout, as filed at this time. A representative from the Planning Board is always welcome to attend the ZBA hearing if you find it should become necessary. You may also prefer to stop in to review other information which may be filed with our office in the interim or speak with Linda, whichever is more convenient, before responding. Thank you for your cooperation in this coordination. lk \~ BOARD OF APPEALS ~.f ~J~ "TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, JULY 22, 1993, com- mencing at the times specified below: 1.7:32 p.m. AppL No. 4172r To reconvene hearing in the~ Matter of JANET A. FERGUSON (c0n~inued from June 22, 1993): Central Avenue, Fishers 'Island,' NY; County '[hx Map Parcel ID No. 1000-066-0~-006., 2. 7:35 p.m. AppL No, 4182- KELLY McDERMOTT. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A 3 (Bulk Schedule) for permission to eXpand house l and accessory garage which will exceed the. 20*/0 lot coverage limitation. Property Location: Northeasterly cor- ner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel ID Nc 1000-24-1-8. This property contains an area of 8710± sq. ' ft. and is located in the R-4O Residential Zone DistricL 3.7:40 p.m. Appl. No. 4179- THOMAS D. DUFF, JR. AND ELAINE ' DUFF. ~ Variance to the Zoning Or- dinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard set- back. Property Location: South side of Crescent Avenue (North Hill), Fishers Island,NY; bounded west by Nitze; east and south by~ Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.,2;' also referred-to as Lot 25 on the u~,filed "Map of Henry Waish. This parcel is noncon- forming at 1.003+ acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No 4160r SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structu~r~ith a reduced set- back f~the bank or bluff of the ~f. Sound. Property Location: 58235 C.R. 48, Greenport, NY: County Tax Map Parcel ID No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5.7:50 p.m. Appl. No. 417% JAMES ~p! and EILEEN LEDDY. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addi- tion with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel ID No. 1000q40-2-36. 6. 7:55 p.m. Appl. No. 4178- JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to non- conforming lots) for permis- sion to contruct open deck ad-~ dition with an insufficien¢[ rearyard setback. Property Location: Southwest corner- Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel ID No. 1000-104-5-25, This parcel is nonconforming at 19,602 + sq. ft. in this R-40 Zone District. 7. 8:00 p.m. Appl. No. 4180-. JOAN AND ROY BERM/MN. Variance to the Zoning Or- dinance, Article ILIA, Section 100-30A.3 for permission construct addition to ac- cessory storage-garage building which was recentlyl altered under Permit No. 20895 issued 8/18/92. .ed addition W6uld reduce thg~ required frontyard setback[ and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel' ID No. 1000-31-18-11. This property is nonconforming at 2614+ sq. ft. in this R-40 Zone l District. ' 8. 8.'05 p.m. Appl. No. 4039-! CLIFFSIDE ASSOCIATES, INC. (Owner). This is a re-i quest which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval' issued by the Building Inspec- tor c6ncerning an application for permit to include kit-° chenettes in motel units citing)' Article III, Section 100-13 .which is the Def'mition Section of the Zoning Code pertaining to the April 9, 1991 N~ of Disapproval which ~l~Ids, "...hotel or motel transient which says in part that there will be no cooking facilities...;' and pertaining to the April 25, 1991 Notice of Disapproval which reads, ':..hotel or motel resort. Ac- tion required by Zoning Board of Appeals to permit cooking facilities in individual motel units..." The subject premises previously had received a con- ditional determination for a Special Exception filed~ 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchen- ettes or dwelling uses. Loca- tion Of Property: 61475 C.R. 48, Gmenport, NY; County Tax Map Parcel ID No; 1000-045-01-001 and 002 (now 2.1), containing approximate- ly 7.5 acre. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4iSI- AABR REALTY Facilities Holding Corp., a Type C Not- For-Profit Corporation (now or formerly known as "Association for the Advanee-~ ment of Blind and Retarded,~ Ind') as Contract Vendee, re-' quest a Special Exception as per the Southold Town Zoning Code, Article III, Section 100-3lB for use as a philan- thropic home as provided by Subsection 5 thereof. Proper- ty Location: South side of Middle Road near the end of Highway 48, House No. 6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County 'Pax Map Parcel ID No. 1000-121-4-8.1, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183- JOHN AUSTINE.' Variance to the Zoning Or-' dlnance, Article IIIA, Section 100-30A.4 for permission to~ locate accessory one-story garage building partly in the side yard with a setback at ap- proximately five feet from the southerly side property line. Location of Proerty: 3735 Deep Hole Drive, Mattituck; i Lot No. 54, Map of Deep Hole 1 Creek Estates. County TaxI Map Parcel ID No. 1000-115-16-20. This property !s substandard in size at 21,710 sq. ft. in this R-40 Zone District. I 11. 8:30 p.m. AppL No.] 4120- MATTITUCK AUTO/ CENTER, INC., and / WILLIAM GOODALE. ! Variance to the Zoning Or- dinance, Article XXI, Section. 100-212B for relief from the front yard landscaping provi- sions of the zoning code. .Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). 12. 8:30 p.m. FINAL HEARING on Appl. No. : 4119SE-MATTITUCK AUTO CENTER, INC. and' WILLIAM GOODALE. Special Exception to the Zon- ing Ordinance, Article X, Sec* tion 100-10lB(12) for a permit authorizing: (a) a new car. sales-rental establishmeni; Co) ?40 an establishment of an ac-~ cessory use incidental to the proposed new car sales establishment for the sale' and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new prin- cipal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel ID No~ 1000-122-6-30.1. The Board of Appeals will at Said time and place hear any · and all persons or represen- tatives desiring to be heard in the above matters. Written.,, comments may also be sub: mitted prior to the conclusion' of the subject hearing. Each hearing will not start before the times designated above. If you ~vish to review the files or need t~ request more informa- tion, please call 765-1809 or visit our office. - Dated:' July 6, 1993 BY ORDER OF THE SOUTHOLD TOWN - BOARD OF APPEAL[ GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski .... 1X-7/8/93(16) COUNTY OF SU SI'Al'EOF NEW YORK SS: Patricia Wood,· being duly sworn, says that she is the Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; an.,d that the notice of which the annexed is a printed copy, has been puhlished'in said Long Island Traveler-Watchman °ncc each week for . i · ;;:.. ,:.. ~ ..... / ...... weeks st ccess ve y, commenc ng on tile ~:~ ~ day of .............. 19 .... : Sworn to hefore me this .................. . .. day of ·........ ' Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sta!e of r,'ew York No. 480B346 Qualified in Suffolk County C~)mmission Expires APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Deyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 6, 1993 TO WHOM IT'MAY CONCERN: Enclosed with this letter is a copy of the'Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. please have someone appear in your behalf at the time .specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will,' of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. You must notify our office prior to the advertising Of the .present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Enclosure Linda Kowalski Chamber No. 94-211 MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter of the Application of MATTITUCK AUTO CENTER, INC., RICHARD GOODALE and WILLIAM GOODALE, Petitioners, For a Judgment under Article 78 of the Civil Practice Law and Rules in the Nature of Certiorari -against- GERARD P. GOEHRINGER, Chairman, SERGE DOYEN, JR., JAMES DINIZIO, JR., ROBERT A. VILLA and RICHARD W. WILTON constituting the TOWN OF SOUTHOLD BOARD OF APPEALS, Respondents. J. KEVIN McLAUGHLIN Atty. for Petitioners 1050 Youngs Ave. P.O. Box 1210 Southold, NY 11971 TRIAL TERM, PART 23 BY: FLOYD, J. DATED: March 31, 1994 INDEX No. 22486-93 CDISPSJ HARVEY A. ARNOFF / Town Attorney Atty. for Respondents Southold Town Hall P.O. Box 1179 53095 Main Rd. Southold, NY 11971 This is an Article 78 proceeding for judgment setting aside a determination of respondent, Town of Southold Board of Appeals (Board) dated August 18, 1993. The subject property is located at 7655 Main Road (Rt. 25), Mattituck, Suffolk County, New York, and petitioner has been operating an automobile dealership at the site. Petitioner applied to the B6ard for the following relief: For a Special Exception to the Zoning ordinance, Article X, ~]00-101B(12) for a permit authorizing: (a) a new csr sales-rental establishment; (b) an establishment of an accessory use incidental Mattituck Auto Center v Southold Board of Appeals Index No. 22486-93 Page 2 to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. The application came. on for hearing before the Board on July 22, 1993, being a continuation of a prior hearing on october 15, 1992. On August 18, 1993, the Board rendered its determination and findings, which determination reads: RESOLVED, that it is hereby DETERMINED this Board is without authority to qr~nt the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision as enacted by the Town Board on January 10, 1989. (underlining in original). The Board vote of five members was unanimous. The findings cite Article X, §100-101B of the Southold Town Zoning Code which lists (inter alia) as a use permitted bF special exception: "new and used motor vehicle lots" and "sale of used vehicles ... shall be conducted only as accessory to the sale of new vehicles .... " The determination notes that the premises is located in the "B" Genera] Business Zone District in the Hamlet of Mattituck, Town of Southold and contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a nonconforming single-family residential use. Referring to the Code requirement that the sale of used vehicles be conducted only as accessory to the sale of new vehicles, the Board states: It is noted that applicant, Mattituck Auto Center, Inc., is not displaying or advertising new vehicles at the premises. In fact, it is admitted that only used cars are displayed or Mattituck Auto Center v Southold Board of Appeals Index No. 22486-93 Page 3 advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site, either assembled, disassembled in kits, or otherwise. It is the position of this Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. Observation was also made that the parcel is nonconforming as to required lot size for two or more principal residential uses. In characterizing the determination as arbitrary and capricious and made without reasonable grounds, petitioner charges: That nowhere in the Town Code is there a definition of the term accessory use; that the Board's requirement that petitioners furnish proof that its sales of ears exceeds the sales of used vehicles in order to qualify for a special exception lacks foundation in the Code; that petitioner has expended $250,000 in improving the site and in establishing their new and used car dealership, that on information and belief, the Board has not subjected other applicants to the same standard; that new car dealers generally derive substantially more income from the combination of used car sales plus repairs than from the sale of new vehicles. DECISION Although the Code may not define "accessory", there is no difficulty in ascertaining its accepted meaning. Thus, from Black's Law Dictionary, Fifth Edition: Accessory use. With reference to zoning law, an 'accessory use' in its ordinary signification is a use which is dependent upon or pertains to principal or main use ... accessory use is one which is subordinate to, clearly incidental to, customary in connection with, and ordinarily located on the same lot with, 'principal use'.i.. At the hearing, counsel for petitioner said: Mattituck Auto Center v Southold Board of Appeals Index No. 22486-93 Page 4 (pg. 52 of Minutes): Very frankly .... despite the best efforts of Mr. Goodalc ... there have been no sales of electric cars out of that dealership. Electric cars are available. He is more than willing to sell tn [sic] electric cars ... and has the ability to obtain them and to sell them to anybody that is interested. Unfortunately, it would appear that presently on the North Fork there isn't a huge market for electric cars. Again (pg. 56 Minutes): The clerk: Servicing and repair of the electric vehicles thst you are selling on your property. Mr. McLaughlin: Well, there haven't been any sales of electric vehicles. Electric cars are the commodity petitioner proposes to sell as new, in contrast to and in connection with used cars. The Board's findings and conclusions are not found to be arbitrary or capricious. It is simply following the mandate of the zoning ordinance and, being subject to it, cannot grant a special exception where used cars are not being sold in conjunction with new ones. Petitioner's remedy would appear to lie with the Town Board for legislative amendment rather than to petition the Zoning Board for relief. In Harwood v Board of Trustees of Incorporated Village of Southampton, 176 AD2d 291, 574 NYS2d 217 (2d Dept., September 1991), the Court declared that in a proceeding pursuant to CPLR Article 78, a court may not substitute its judgment for that of the body of review if the decision made after a hearing is supported by substantial evidence and is not arbitrary or an abuse of discretion. Where the determination of responsible local officials in the affected community has a r~tional basis and is~upported substantial evidence, it will be sustained. / by The petition is dismissed. Settle Judgment. // APPEALS BOARD MER[BERS Gerard R Geehrin~r, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richsrd C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TO%VN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119-SE. FINAL DETERMINATION on the Application of MATTITUCK AUTO CENTER, INC. (as tenant) and WILLIAM GOODALE (as owner) in this request for approval of Special Exception under the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment as a principal use ; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale in conjunction with the new car sales-rental establishment; (d) accessory office use incidental to the new principal use as a new car sales establishment, and related accessory uses. Location of Property: 7655 Main Road (N.Y.S. Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. WHEREAS, an interim decision was rendered by this Board under this application, with fifteen (15) conditions, dated October 15, 1992; and WHEREAS, in that October 15, 1992 resolution, the Board of Appeals extended time (eight months minimum) for the applicant to submit adequate proof that the applicant, Mattituck Auto Center, Inc. is a new motor vehicle lot, intending to conduct, or actually conducting, as a principal use the on-site display, sales and rental of new cars, (even though only the sales and display of used cars has been conducted between 1991 and the present time); and WHEREAS, the Board of Appeals required a further hearing for a final determination to be rendered on or about July 1993, which includes review of the requisite proof, and necessary Board reviews as to whether this record, in its entirety, adequately fulfills the requirements and standards of zoning for the applicant, Mattituck Auto Center, Inc. and its proposed principal use, proposed accessory uses, as well as the percentages of business in relation to the new cars sales as well as the accessory use for sales of used cars; (Ref: Conditions #1 and #2 of the Board's October 15, 1992 determination; and WHEREAS, the applicant, Mattituck Auto Center, Inc. has been conducting on-site sales and display of used, second-hand cars since early 1991 to the present time (without proper zoning ~Page 2 - Appl. Noill9 (SE) Application of MA.T~'.CUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 permits, certificates of occupancy and use, etc.), and during the eight-month extension of time, applicant confirms that he has not sold or displayed any electric-car assembly kits at this site; and WHEREAS, after due notice, a final public hearing was held on July 22, 1993 by the Southold Town Board of Appeals, and those who desired to be heard were heard and their testimony recorded (see separate transcript of verbatim discussions during public hearing); NOW, THEREFORE, the Board finds as follows: 1. The provision of the Southold Town Zoning Code under which this application is made reads as follows: Article X, Section 100-10lB. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of m~tor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. 'Page 3 - Appl. Notll9 (SE) Application of MAT~'_TUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 (e) The storage of gasoline or flarm~able oils in bulk shall be located fully underground and not be less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from the street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not m~re than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. 2. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a noncon- forming single-family residential use. The existing structures are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 4. By this application, a review and determination is requested to approve the on-site sales and display of used, second-hand cars as a principal use rather than as an accessory use. Applicant proposes: (a) outside, on-site sales, storage, parking and display of used cars and other used vehicles; (b) on-site sales, leasing, and business office use related to the primary use for the sales of used cars, and catalog sales of electric car kits. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence is limited to approximately 640 sq. ft. (the second floor only of the front building). 5. Subsection 12(b) of Section 100-101B provides by Special Exception from the Board of Appeals for the "...sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles .... " It is noted that applicant, Mattituck Auto Center, Inc. is not displaying or advertising new vehicles at the premises. In fact, it Page 4 - Appl. Noill9 (SE) Application of MA.T~.£UCK AUTO CENTER, INC. Decision Rendered August 18, 1993 is admitted that only used cars are displayed or advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site, either assembled, disassembled in kits, or otherwise. It is the position of this Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. (See copy of one-year limited agreement dated 6/10/92 between Robert A. Adams, Vice President of Solar Car Corporation of Melbourne, Florida, and the applicant, Mattituck Auto Center, Inc.) 6. For the record, it is noted that this parcel is also nonconforming as to the required lot size for the two or more principal residential uses. The total lot area of this parcel is 36,155 sq. ft., and the total lot area required under the current zoning code for each residential unit under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total requirement of 60,000 sq. ft. for two principal (primary) uses. The requirement for a third principal use is an additional 30,000 sq. ft., total 90,000 sq. ft. of land area (ref. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc.). 7. Also noted, as shown in the record, previous Special Exception applications of rendered by the Board of Appeals: are the following denials of the applicant herein as A) Denial of Application No. 4066 for a Special Exception to establish new use for outside, on-premises new and/or used motor vehicles sales and leasing rendered December 16, 1991; B) Denial of Application No. 4093 for a Special Exception requesting the sales of new and used motor vehicles. 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor sufficient documentation s~bmitted, to show fulfillment of the standards and conditions set forth in the zoning code at Section 100-101B(12-b). NOW, THEREFORE, on motion by Member Member Doyen , it was Villa , seconded by RESOLVED, that it is hereby DETERMINED this Board is without authority to ~rant the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision (as enacted by the Town Board on January 10, 1989). VOTE OF THE BOARD: G0ehri~ge~. duly adopted. lk Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and This resolution was ./- GERARD p. GOEHRINGER/, CHAIRMAn/ / Page 2 - Town Board - 24/92 initial discussion pertaining to this question will be conducted by the Planning & Zoning Committee as a broad policy relating to aquaculture. (10) Receipt of a request from J. Kevin McLaughlin, Esq., representing Richard Goodale, owner of Mattituck Auto Center, Inc., requesting an opportunity to address the town Board regarding Article X, Section 100-101B(12) of the zoning Code which mandates that "sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats". The Board of Appeals recently made a decision in regard to a special exception application filed by Mr. Goodale, an~l Mr. McLaughlin would like to discuss the i~ossibility of amending that section of the code to allow sale of used vehicles, without the necessity of doing so as accessory to the sale of new vehicles. Assistant Town Attorney Kiernan will request additional information from the Board of Appeals as to whether the ZBA's decision is final or is considered still pending, and the question of the Town Board's policy concerning discussion of matters which are properly in the province or the discretion of other boards. (11) Fishers Island Metal Dump Remediation Plan. Supervisor Harris will arrange a meeting between the Town Board and Tony Conetta of D&B for discuss this subject. (12) Town Clerk presented a proposed calendar for 1993 Town Board Meeting Dates. Board approved. (13) Receipt of an appeal from William D. Moore, Esq., representing Tony Kostoulas, under the Coastal Erosion Hazard Board of. Review provision of the Chapter 37 of the Code. The Town Board, as the Board of Review has the authority to hear, approve, approve with modification or deny request for variances or other forms of relief from the requirements of the Coast Erosion Hazard Areas Law. Assistant Town Attorney Kiernan will schedule a hearing on this application for early January, 1993. (14) Petition containing 1,140 signatures asking the Town Board to request the NYS-DOT to conduct a tt-affic survey on Route 25, Mattituck, to determine the need for a traffic light (see resolution no. 17). (14)' Letter from Marie Ongioni, Esq., protesting the late submission of late response to her opposition papers on the William Gasser change of zone petition. The Board agreed they would give Ms. Ongioni additional time to respond to the response papers of Daniel Ross, attorney for Mr. Gasser. (However, Carmela Borrelli, representing Ms. Ongioni, filed their papers during the lunch break and this matter was resolved). (16) Request from Griswold-Terry-Glover American Legion Post asking that a $100.00 building permit fee paid by them in October be refunded as they are a not-for-profit organization, and fall under a provision of the Zoning Code which exempts them. However, in reviewing the code, it was determined that "no fee shall be required of or paid by taxing entitles or disticts, including but not limited to fire districts, school districts and the like". It was determined the legion does not fall within this category, and therefore must pay the building permit fee. 12:55 P.M. - Recess for lunch. 2:25 P.M. - Work Session reconvened, and the Board continued For Discussion Items: (8) Charge to the Southold Town Stewardship Task Force. Board agreed they would like to meet with Richard Hila~-y, Chairman, of the Task Force, for a brief overview of their progress, and what, if any, recommendations they might have at this time. EXECUTIVE SESSION 2:40 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Penny, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---The Board discussed litigation and personnel. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF $OUTHOLD. July 22, 1993 Present : (7:30 p.m. Hearings Commenced) HON. GERARD p. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Board of Appeals July 22, 1993 AP. NO. APPLICANT INDEX Paqes 4172 4182 4179 4160 4177 4178 4180 4039 4181 JANET A. FERGUSON KELLY McDERMOTT . . THOMAS D. DUFF, JR. & ELAINE DUFF SUSAN TASKER. ~ ... JAMES P. and EILEEN LEDDY . JAMES and DOROTHY FITZGERALD. JOAN AND ROY BERMAN . . . CLIFFSIDE ASSOCIATES, INC.(Owner) AABR REALTY FACILITIES HOLDING CORP. ("Assn. for the Advancement of Blind & Retarded,.Inc.") 4183 JOHN AUSTINE. 4-7 8-12 13-18 19-22 23-24 25-26 27-30 31-44 45-49 4120 4119SE MATTITUCK AUTO CENTER, MATTITUCK AUTO CENTER, INC. and WM. GOODALE INC. and WM. GOODALE 50-58 Board of Appeals 50 July 22, 1993 JOINT HEARING 8:44 p.m. on the following two applications: APPL. NO. 4120 - MATTITUCK AUTO CENTER~ INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Rd.), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-10.1 (previously 30). FINAL HEARING ON APPL. NO. 4119SE - MATTITUCK AUTO CENTER~ INC. and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-1Q1B(12) for a permit authorizing:. (a) a new car sales-rental establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidentak to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. (The Chairman opened both hearings and read the Legal 'Notices and applications for the record.) THE CHAIRMAN: This is a continuation of the October 15th, 1992 --We will reopen Appeal No. 4120 and the final hearing on Application No. 4119SE, Mattituck Auto Center, Inc. Board of Appeals 51 July 22, 1993 and William Goodale. 19927 THE CLERK: Were they both continued on October 15, You would have to look at both. THE CHAIRMAN: I believe just the used car dealership was, not the special exception. THE CLERK: Special'exception was July 29, 1992. THE CHAIRMAN: Okay. And we will ask Mr. McLaughlin if he would like to add or subtract from the hearing. Appearance: J. Kevin McLaughlin, Esq., for the Applicant. MR. McLAUGHLIN: I am not sure how I subtract. I would like to hand up an official Business Certificate to Mattituck Auto as a registered new and used car dealer, which runs through.the end of 1994. I don't know that it would serve any purpose to readdress much of the issues concerning the first appeal as far as the front yard landscaping provisions. I think we have gone over that in fairly great detail and indicated to the Board the special needs of this particular type of use to h'ave the product'as close to the road as possible so that it can be seen. There is a letter I believe in your file from the Planning Board which I have responded to with a letter where they indicated certain other site plans had required this front yard landscaping. I have responded to that~ Basically I think they set forth four or five examples, two of which have never been built, don't really have any application, one of which was an existing use, the North Fork Bank and, therefore, it really Board of Appeals 52 July 22, 1993 didn't apply to this particular application, and the other one or two where they had parking in the rear, and there really wasn't any particular necessity to have any product up front. So I don't know that it really behooves us to go into that in any great detail. As far as the special exception regarding the car dealership, it is our position that we have supplied thls Board with information sufficient to grant the special exception in all respects. We have provided to the Board a bona fide electric power franchise agreement. We have provided this Board with the requisite licensing from New York State for Mattituck Auto to operate as a new and used car dealer; and I believe that we have in all respects satisfied all the provisions of Section 100-101B12. Some of the correspondence from this Board indicates that they would like Go delve into the percentage or proportion of new car sales to used car sales. I would respectfully submit to this Board that that is not a proper criteria for determining whether or not there is a new car dealership in a used car dealership there. Very frankly, since the last time we'were before you i-despite the best efforts of Mr. Goodale-- there have been no sales of electric cars out of that dealership. Electric cars are available. He is more than willing to sell to electric car --and has.the ability to obtain · them and to sell them to anybody that is interested. Unfortunately,' it would appear that presently on the North Fork there isn't a huge market for electric cars. But, again, it is our position that it is an inappropriate criteria to use Board of Appeals 53 July 22, 1993 dollars-and-cents or percentages of sales of new cars versus used cars to determine whether or not we comply with the provisions of 101-B12; and I would submit to the Board that I don't believe that the other new car dealership that has recently, fairly recently, come into existence on the North Fork, was put to the standard'when they came in for a special exception; and to then apply that standard to us I think is an unfair and improper standard. THE CHAIRMAN: You refer to Lucas Ford? MR. McLAUGHLIN: Yes. I have indicated to this Board in the past -- I will indicate to them again -- that it is my understanding from people in the new car business that, in fact, if you took the used car sales and the repairs and put that, set that off against the new car sales revenue, in fact the new car sales revenue would be less than 50 per cent in almost every instance. So I don't think that any.of the new car dealerships on the North Fork could possibly comply with the standards that it would appear are being, or attempted to be impressed upon us. Other than that, I really don't have anything too much to report to the Board other than what we have already discussed in the past. THE CHAIRMAN: Has anything developed with the other Boards within 'the Town in reference to either modifying this area that we're stuck dealing with? Board of Appeals 54 July 22, 1993 MR. McLAUGHLIN: There has been discussion at the Town Board level that perhaps there should be some amendment or modification of the existing ordinance. As I am sure you are all well aware, there is noplace in the Town of Southold where you can have --and freestanding if you will-- a used car dealership. According to the Zoning Ordinance of this Town, the only way you can have a used car dealership is in conjunction with a new car dealership. My own feeling --and I believe the feeling of your own Town Attorney-- is if that's put to the test, in a Court of law the statute will never stand. It is unconstitutional, and in fact your own Town Attorney was quoted in the paper as saying exactly that. It is an unconstitutional Zoning Ordinance. That may not be a situation that you are going to deal with. My understanding, getting back to the Town Board, is: It is going to be on their agenda again next month for discussion. 'Where that is going to lead, I am not sure. We would be hopeful that the Town Board would see the problems with the existing Zoning Ordinance and take appropriate action to allow used car dealerships without the necessity of being in conjunction with new car dealerships. You still have obviously all of the Planning Board and site plan elements to take care of whatever problems one may perceive with a used car dealership. ' I don't think that is the point. But the point is: Can you constitutionally restrict used car dealerships to being in conjunction with new car dealerships? That, I think, is the Board of Appeals 55 July 22, 1993 issue the Town Board has taken up and will continue to take up next month. THE CHAIRMAN: Okay. Was there any referral to your knowledge, Kevin, to either the legislative committee and/or the Planning and Zoning Committee? MR. McLAUGHLIN: I believe it had already been in the Planning and Zoning Committee, and last month, June, was actually reported to the Town Board from the Zoning and Planning Committee. THE CHAIRMAN: It did not go to the Legislative Committee to your knowledge? MR. McLAUGHLIN: Not to my knowledge. THE CHAIRMAN: Does anybody have any questions of either Mr. McLaughlin or Mr. Goodale at this particular time concerning this hearing? MEMBER WILTON: Have you a franchise with this Solar Car Corporation? MR. McLAUGHLIN: Yes, we do, a signed franchise agreement with them. MEMBER WILTON: Have you submitted it to this Board? MR. McLAUGHLIN: Yes, we have. CLERK: I can't remember from the prior record. Is · there servicing of electric vehicles on the-site? THE CHAIRMAN: Is there servicing of electric vehicles on the site? Board of Appeals 56 July 22, 1993 THE CLERK: Servicing and repair of the electric vehicles that you are selling on your property. MR. McLAUGHLIN: Well, there haven't been any sales of electric vehicles. THE CLERK: If you had a sale, would you service them on your property?. MR. MCLAUGHLIN: I don't know the answer. MR. GOODALE: Probably not. MR. McLAUGHLIN: Probably not, and I am not sure what servicing of an electric car vehicle would entail. I am sure-- THE CHAIRMAN: Probably replace batteries. MR. McLAUGHLIN: Whatever it would be, I'd think would be very minor in nature --I mean minor in the sense we are not talking oil changes and things like that. MEMBER VILLA: Yes, I was a little upset from the fact that.after we granted the so-called temporary approval, that we had conditions on it, condition twelve, that all vehicles shall be placed in a park on site, shall not be placed any closer than 12 feet from the inside edge of the existing front sidewalk, that there have been cars placed out in front of that, those railroad ties -- in fact, there was a boat and a car attached to it, which doesn't make the Board any happier when somebody is before us looking for exceptions, to see violations of conditions that we have already granted. What is the reason for parking the cars out there? Board of Appeals 57 July 22, 1993 MR. (Inaudible.) THE CLERK: I can't pick you up on the mike. you use the mike please? then--) there. McLAUGHLIN: Do you want me to respond to that? Could MR. GOODALE: (Phrase or sentence in audible; You are probably right. I shouldnd't have put it MEMBER VILLA: There were cars there before the boat was there. There were at least three cars out there one day, I know when I went by. MR. GOODALE: There was three cars parked after the boat was gone, one weekend. MEMBER VILLA: I am a little upset to see things like that. THE CHAIRMAn: Any other questions of Mr. McLaughlin? M£M85R DINIZIO: No, except I was as upset as Bob about that boat. It really makes it hard to try to accommodate these types of variations in the law, and to try somehow to make them fit in the Town when you know you are asked to do something, and something as blatant as that happens. I have to make a decision. I have to be able to defend that later on certainly, · at least in a discussion feel comfortable about the decision I make; and you know when you grant conditions and you give a guy a chance, and then blatantly that happens -- in all honesty, man, it doesn't make it easier. It doesn't make it easier to Board of Appeals 58 July 22, 1993 make a decision. This is not a clear-cut case of, you know, it is in the law, and we can just grant lt. That is the only comment I have, and I felt I wanted to make it. THE CHAIRMAN: Anybody in the audience either for or against this application? Any further comments? MR. McLAUGHLIN: No.. Thank you. THE CHAIRMAN: You're welcome. Hearing no further comment, I make a motion closing the hearing and reserving decision until later, for both hearings, #4120 and 4119SE. (Seconded and carried; see Clerk's Minutes.) THE CHAIRMAN: Thank you for coming in. (End of evening's hearings) OFFICIAL BUSINESS CERTIFICATE THIS CERTIFICATE EXPIRES 'J 2/31/94. '/053668 DLN 01/07/93 4,563.6 ~penaflis REGZSTERED AS A DEALER NEg AND USED pursuant to the pr~is~ns of the Vehicle end T~fic V~lU (&~3~ MATTTTUCK AUTO COMMISSIONER OF MOTOR VEHICLES CENTER ]:NC BX56T 7655 MN RD RZ5 HATTZTUCK NY 11952 This documeet does no__l certify that this business complies with zoning and other local laws. POST IN A CONSIqCLIOUS PLACE 0 Z m z o Car ¢orp ratton Order Form Name: Ordered By Company Name: Phone: Shipping Address: City: Stale: Zip: Conditions of Sale: Total Purchase: $ State Sales Tax: $ If Applicable Shipping: Handling: Books/Video Tapes Other Merchandise Rebate $5.00 $ Catalog or Video Tape Total Due: $ 1.50 4.00 Ail prices are F.O.B. Melbourne, FL. Payments are required prior to shipment or C.O.D. All prices are subject to change without notice. 38 APPEA! -q BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road ~0. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: Town Attorney Harvey A. Arnoff Assistant Town Attorney Matthew Kiernan FROM: ZB~ DATE: July 27, 1993 SUBJECT: Pending ZBA Applications - William Goodale Requested Legal Opinion During the final hearing on this matter on July 22, 1993, Kevin McLaughlin, attorney for the applicants, indicated that he "...received a statement from Harvey Arnoff as Town Attorney, which was published in the local newspaper, that the Southold Town Zoning Code is unconstitutional as it relates to the sales of used cars accessory to t~e sales of new cars .... " If this is not true, we would like your written input. If his remarks are true, it is requested that at least one case law be provided for our record which would support that opinion in order that the Zoning Board Members may render a decision knowing all the facts and continue deliberations. At this point, it is possible that Board Members may be abstaining due to the allegation made by Kevin McLaughlin. It is not known whether or not a quorum vote would be obtained in the ZBA proceeding without confirmation from you on this issue. BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 )~ 1(~0 Ycurg~ A~., ~O Box 1210 ~]O~KH~O~T(X~K 51tuhuld,~ York 11971 765-6085 993 Re: Appl. No. 4119 (Special Exception) - Mattitucik Auto Center Gentlemen: It has come to my attention that the Southold Town Board is reviewing the Town Code with the thought of amending Section 100- 10lB(12) to allow used car delearships, as well as new car delearships under said special exception. It is my understanding that this matter will again appear on the Town Board agenda in August, 1993. In light of the foregoing, it would seem appropriate to adjourn the proceedings before this Board, until sometime after August, 1993, in order to determine what action the Southold Town Board may take in this regard. Please advise me whether such an adjournment is cc: acceptable to you. Mattituck Auto Center, nc~.~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 25, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4119 (Special Exception) - Mattituck Auto Center Dear Mr. McLaughlin: In accordance with the Board's resolution adopted Octo- ber 15, 1992 in the above project, the final public hearingwill be held by the Southold Town Board of Appeals on Tuesday, June 22, 1993. It is requested that the applicant and property owner submit proof for the purposes of fulfilling the standards for a principal use as a new car establishment, other information pertaining to the percentage of business use in relation to a new car establishment, and any other information necessary for this review. A copy of the Legal Notice as published by our office in the L.I. Traveler-Watchman, Inc. will be forwarded to you under separate cover of the exact time and place of the hearing. Very truly yours, lk GERARD P. CHAIRMAN GOEHRINGER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman ~erge Doyen, Jr. James Dinizfio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 16, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4119 - William C. Goodale (Special Exception) Dear Mr. McLaughlin: Please find enclosed a copy of the board's action taken last night concerning the above application. The application has been remanded for a final hearing to be held on or about June 30, 1993 for the reasons noted therein. A copy has also been transmitted to the involved town departments for their update and information. Very truly yours, cc: GERARD P. GOEHRINGER CHAIRMAN Building Department (Attn: V. Lessard) Planning Board (Attn: B. Orlowski) Town Attorney's Office Mr. William Goodale (owner) APPEALS BOARD bIEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box i179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119 (SE): Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously referred to as Lot 30). WHEREAS, after due notice, a public hearing was held on July 29, 1992 and September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and W~EREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously County Parcel Lot 30). 2. The subject parcel contains a total area of 36,155 'sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road}. The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming Page 2 - Appl. No. ~gSE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 single-family residential use--which structures were built prior to April 23, 1957 and are more particularly designated on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. The provision under which this application is made is Article X, Section 100-101B(12) which reads as follows: .... 100-10lB. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) (d) Vehicle lifts or pits, dismantled auto~%biles, boats and vehicles and all parts or supplies shall be located within a building. Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five ~35) feet from any property line other than the street line. (f No gasoline or fuel pumps or tanks shall be located less than fifteen 15) feet from any street or property line. Page 3 - Appl. No. 9SE Decision Rendered O~tober 15, 1992 Matter of WILLIAM GOODALE (g). (h) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 4. With reference to Section 100-101B, supra, the following are noted to show a breakdown in the type of use requested in the above-noted Special Exception category: (a) Public Garage use is not proposed; (b) Gasoline Service Station use is not proposed; (c) New motor vehicle lot is not proposed. (The subject lot will not be displaying new motor vehicles.) (d) Used motor vehicle lot accessory to the sale of new vehicles or boats IS proposed and 'is being considered.. No repair facilities are proposed. No servicing or major repairs of motor vehicles (e) (f) are proposed. (g) is proposed. (h) (i) No storage of gasoline or flammable oils in bulk No gasoline or fuel pumps or tanks are proposed. No gasoline service or repair shop or similar business is proposed. 5. Reference is also made by the Board for informational purposes to Section 100-101C, subsections (1-4) of the General "B" Business zoning regulations which provide for other specific accessory uses also subject to site plan review. Used car sales and leasing and principal sales office uses are addressed in the Zoning Code as principal uses in this zone district. It should also be noted that these uses are not specifically listed in the zoning code as allowable accessory uses to any other principal uses, and applications requesting same have not been made until March 5, 1992 (see variance for multiple uses with insufficient land area under File No. 4092). Pa~e 4 - Appl. No. ~gSE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 6. By this Special Exception application, the applicant requests approval for: (a) proposed telephone or office sales, by catalog or brochure sales, for the shipping of solar-conversion cars from the Solar Car Corporation located in Melbourne, Florida to a location specified by a proposed purchaser -- the applicant is not proposing display of the solar cars on-site because of the company's requirements for purchase first, and the applicant, he says, would have to purchase the vehicle to display it on this property; (b) proposed on-site sales and display of approximately 13 used vehicles, plus additional parking for its customers and employee(s) related to said used-car, sales; (c) proposed office use for leasing and related .business office activities, conducted in the front building first-floor area of 662 sq. ft., in addition to the existing -principal single-family residential use of this building, and separate existing single-family principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 ~q. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. of the second floor only (main front building). 7. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated Marc'h 1, 1982 relates to the above-mentioend two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy ~Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as'an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal Page 5 - Appl. No. 19SE Decision Rendered October 15, Matter of WILLI~ GOODALE 1992 building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-law~yer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals or town permits, for used-car sales and leasing. The applicant has been since early 1991 to date operating a used-car sales establishment in conjunction with the two existing residences without substantiating sufficient proof that the establishment is an accessory to a new car sales establishment as required in the zoning code. Approvals for this newly added use are also necessary from and are pending before the Southold Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies. 8.. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. additional. Combined, the total lot area requires 90,000 sq. ft. of land area for(any) three principal uses. The applicant's request to allow increased density on this 36,155 sq. ft. parcel was denied; however, alternative relief for the total lot area to accommodate two principal uses as a maximum was conditionally granted under 4092 on April 2, 1992. 9. To come into conformance with the conditions of the area variance under Appl. No. 4092, the applicant is to remove one of the existing (residential) principal uses in exchange for the proposed car sales establishment. 10. Certain adopted standards and criteria must be met ' before a Special Exception permit may be granted in the Town of Southold. Thus, proof must be submitted into the record to show that the proposed use will meet all the standards imposed by the zoning ordinance. Page 6 - Appl. No. /~9SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 11. Compliance with the standards, intent and conditions of the ordinance must be determined. It is the position of the Board that the proof furnished thus far is not sufficient to comply with these requirements. No proof has been submitted to show the percentage of its business as a new car sales establishment, as compared to the percentage of its business as a used-car sales-leasing establishment. Additional proof must be furnished, and the time is being extended for the applicant to furnish that proof for an additional six (6) months from the date of this decision. 12. Accordingly, before passing upon this application with a final determination, the Board hereby extends the time for an additional six (6) months for the applicant-property owner to substantiate proof, testimony and/or other documentation as to compliance with the requirements cf the zoning code for a new cars sales dealership, as well as proof as to the percentage of its business for an accessory used-car sales-leasing establishment. (The information furnished by the applicant is not sufficient to satisfy the standards and considerations for the grant of a Special Exception, including but not limited to Section 100-264, subsections A through P.) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to permit occupancy for new car sales at the site, with used-car sales as an accessory thereto, for an eight-month period, and that a FINAL PUBLIC HEARING be and hereby is scheduled to be held on or about JUNE 30, 1993, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Reserving the right of the Zoning Board of Appeals to Conduct a final hearing under this application for the purposes of reviewing proof that the applicant is a new car salesman and allowing the Board consideration of further proof for the purposes of adequately fulfilling the standards and criteria necessary before a Special Exception; AND 2) Reserving the right to the Zoning Board of Appeals to reconsider this eight-month (interim) authorization for the purposes of determining several issues, including but not limited to whether or not the additional proof to be submitted will or will not adequately fulfill the requirements and standards of the zoning laws for the proposed principal use 'as a new car establishment, the percentages of business in relation to the proposed new car establishment as well as the accessory sales of used cars; AND Pa~e 7 - Appl. No. 19SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE 3) That there be not more than two principal uses, ,and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 4) That the existing separate, detached residential cottage structure in the rear yard be converted to accessory (inactive) storage use, or be removed within three (3)-years from the date of the filing of the variance determination under · Appl. No. 4092; and 5) That the issuance of a Special Exception for a new car sales dealership is contingent upon a final hearing and final determination to be held on or about June 30, 1993 for the purposes of requesting the applicant finally to submit all up-to-date information and proof acquired during this . eight-month time period for selling of new cars from the site, the percentage of its business in relation to both the accessory used-car sales-leasing and the principal new car dealership, and other standards and requirements necessary for the grant of a final Special Exception, and other town, state, and county regulations applicable for final approval (such as site plan review, etc.). 6) That Covenants and Restrictions shall be: (a) prepared in legal, recordable form executed by the property owner, outlining an agreement between the owner and the applicant-tenant, insuring compliance by the owner and tenant of all conditions and requirements; and (b) approved or modified as deemed necessary by the Town; (c) recorded by the owner in the Suffolk County Clerk's Office within 30 days of the filing of this decision with the Office of the Town Clerk, {before this approval may be effectuated}, and the Town Board of Appeals shall be furnished with proof of such county filing for the Town's permanent records; and 7) That there shall be no parking of vehicles in need of major repairs or servicing or those which are inoperable or dismantled; 8) That the processing of the site plan before the Town Planning Board may be held in abeyance by the applicant-property Page 8 - Appl. No. 9SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 owner, with no substantially major or adverse alteration to the site, its egress/ingress area and parking areas, buildings, until such time as a final hearing on the Special Exception standards has been held and a final determination rendered by the Board of Appeals. 9) That the number of vehicles for sales display shall be limited to not more than ten (10) vehicles at any one time; and 10) That the total number of vehicles on the site, including vehicles for sales display, temporary transition parking, employee parking, shall not exceed 18 cars or vehicles · at any one time, eight (8) of which must be parked in the rear of the "converted storage building at the rear of the premises" (now used as a cottage); 11) That all vehicles related to this Special Exception must be located so as to permit adequate maneuverability, safety at all times, proper and unobstructed ingress and egress; and 12) That all vehicles shall be placed and/or parked on site and shall not be placed any closer than 12 feet from the inside edge of the existing front sidewalk, or 10 feet from the front property line, whichever is greater. 13) That there shall be no banners, flags or similar types of cosmetic advertising; and all outdoor lighting must be for security purposes only, without glare or disturbance to traffic or neighboring properties; one ground or wall sign, if proposed, must be in accordance with all sign regulations. 14) That a buffered emergency shall be placed ten (10) feet from the property line and twelve (12) feet from the front sidewalk, whichever is the greater distance. This can be accomplished by a single line of six (6) ft. "railroad ties" (or better as may be substituted by the ZBA), and shall be situated parallel with the property line along the Main Road. This provision shall not be deemed an approval of any specific setback and the Board reserves its right to make further adjustments of setbacks at the time of the final hearing. 15) That in the event code violations exist or are found which are contrary to other regulations of the Southold Town Code, or which are contrary to the conditions herein, this pa~e 9 - Appl. No. 9SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 interim determination shall not preclude any proceeding taken by the Town to enforce the same, now or in the future. Vote of the Board: Ayes: Messrs. G0ehringer, Doyen, Dinizi0 and Vi]Ia. Ibis res0]uti0n was duly adopted. (Abstained: Member Wilton, newly appointed 10/6/92). lk ~J-~3Ei{ARD P. GOEH~INGER~//~IRMAN /- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman ~erge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri chard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 16, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4119 - William C. Goodale (Special Exception) Dear Mr. McLaughlin: Please find enclosed a copy of the board's action taken last night concerning the above application. The application has been remanded for a final hearing to be held on or about June 30, 1993 for the reasons noted therein. A copy has also been transmitted to the involved town departments for their update and information. Very truly yours, cc: GERARD P. GOEHRINGER CHAIRMAN Building Department (Attn: V. Lessard) Planning Board (Attn: B. Orlowski) Town Attorney's Office Mr. William Goodale (owner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119 (SE): Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously referred to as Lot 30). WHEREAS, after due notice, a public hearing was held on July 29, 1992 and September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously County Parcel Lot 30). 2. The subject parcel contains a total area of 36,155 'sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 {Main Road}. The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming Page 2 - Appl. No. ~ Decision Rendered October Matter of WILLIAM G©ODALE 15, 1992 single-family residential use--which structures were built prior to April 23, 1957 and are more particularly designated on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. The provision under which this application is made is Article X, Section 100-101B(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five ~35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. Pa~e 3 - Appl. No.I!19SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE (g). (h) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 4. With reference to Section 100-101B, supra, the following are noted to show a breakdown in the type of use requested in the above-noted Special Exception category: (a) Public Garage use is not proposed; (b) Gasoline Service Station use is not proposed; (c) New motor vehicle lot is not proposed. (The subject lot will not be displaying new motor vehicles.) (d) Used motor vehicle lot accessory to the sale of new vehicles or boats IS proposed and is being considered.. (e) No repair facilities are proposed. (f) are proposed. (g) is proposed. (h) (i) business No servicing or major repairs of motor vehicles No storage of gasoline or flammable oils in bulk No gasoline or fuel pumps or tanks are proposed. No gasoline service or repair shop or similar is proposed. 5. Reference is also made by the Board for informational purposes to Section 100-10lC, subsections (1-4) of the General "B" Business zoning regulations which provide for other specific accessory uses also subject to site plan review. Used car sales and leasing and principal sales office uses are addressed in the Zoning Code as principal uses in this zone district. It should also be noted that these uses are not specifically listed in the zoning code as allowable accessory uses to any other principal uses, and applications requesting same have not been made until March 5, 1992 (see variance for multiple uses with insufficient land area under File No. 4092). Pa~e 4 - Appl. No. Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 6. By this Special Exception application, the applicant requests approval for: (a) proposed telephone or office sales, by catalog or brochure sales, for the shipping of solar-conversion cars from the Solar Car Corporation located in Melbourne, Florida to a location specified by a proposed purchaser -- the applicant is not proposing display of the solar cars on-site because of the company's requirements for purchase first, and the applicant, he says, would have to purchase the vehicle to display it on this property; (b) proposed on-site sales and display of approximately 13 used vehicles, plus additional parking for its customers and employee(s) related to said used-car-sales; (c) proposed office use for leasing and related .business office activities, conducted in the front building first-floor area of 662 sq. ft., in addition to the existing principal single-family residential use of this building, and separate existing single-family principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 Sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. of the second floor only ~main front building). 7. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to the above-mentioend two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal Pa~e 5 - Appl. No. ei9SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals or town permits, for used-car sales and leasing. The applicant has been since early 1991 to date operating a used-car sales establishment in conjunction with the two existing residences without substantiating sufficient proof that the establishment is an accessory to a new car sales establishment as required in the zoning code. Approvals for this newly added use are also necessary from and are pending before the Southold Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies. 8. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. additional. Combined, the total lot area requires 90,000 sq. ft. of land area for (any) three principal uses. The applicant's request to allow increased density on this 36,155 sq. ft. parcel was denied; however, alternative relief for the total lot area to accommodate two principal uses as a maximum was conditionally granted under 4092 on April 2, 1992. 9. To come into conformance with the conditions of the area variance under Appl. No. 4092, the applicant is to remove one of the existing (residential) principal uses in exchange for the proposed car sales establishment. 10. Certain adopted standards and criteria must be met before a Special Exception permit may be granted in the Town of Southold. Thus, proof must be submitted into the record to show that the proposed use will meet all the standards imposed by the zoning ordinance. Pa'ge 6 - Appl. No. ~ Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 11. Compliance with the standards, intent and conditions of the ordinance must be determined. It is the position of the Board that the proof furnished thus far is not sufficient to comply with these requirements. No proof has been submitted to show the percentage of its business as a new car sales establishment, as compared to the percentage of its business as a used-car sales-leasing establishment. Additional proof must be. furnished, and the time is being extended for the applicant to furnish that proof for an additional six (6) months from the date of this decision. 12. Accordingly, before passing upon this application with a final determination, the Board hereby extends the time for an additional six (6) months for the applicant-property owner to substantiate proof, testimony and/or other documentation as to compliance with the requirements of the zoning code for a new cars sales dealership, as well as proof as to the percentage of its business for an accessory used-car sales-leasing establishment. (The information furnished by the applicant is not sufficient to satisfy the standards and considerations for the grant of a Special Exception, including but not limited to Section 100-264, subsections A through P.) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to permit occupancy for new car sales at the site, with used-car sales as an accessory thereto, for an eight-month period, and that a FINAL PUBLIC HEARING be and hereby is scheduled to be held on or about JUNE 30, 1993, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Reserving the right of the Zoning Board of Appeals to Conduct a final hearing under this application for the purposes of reviewing proof that the applicant is a new car salesman and allowing the Board consideration of further proof for the purposes of adequately fulfilling the standards and criteria necessary before a Special Exception; AND 2) Reserving the right to the Zoning Board of Appeals to reconsider this eight-month (interim) authorization for the purposes of determining several issues, including but not limited to whether or not the additional proof to be submitted will or will not adequately fulfill the requirements and standards of the zoning laws for the proposed principal use 'as a new car establishment, the percentages of business in relation to the proposed new car establishment as well as the accessory sales of used cars; AND Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 3) That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 4) That the existing separate, detached residential cottage structure in the rear yard be converted to accessory (inactive) storage use, or be removed within three (3) years from the date of the filing of the variance determination under Appl. No. 4092; and 5) That the issuance of a Special Exception for a new car sales dealership is contingent upon a final hearing and final determination to be held on or about June 30, 1993 for the purposes of requesting the applicant finally to submit all up-to-date information and proof acquired during this eight-month time period for selling of new cars from the site, the percentage of its business in relation to both the accessory used-car sales-leasing and the principal new car dealership, and other standards and requirements necessary for the grant of a final Special Exception, and other town, state, and county regulations applicable for final approval (such as site plan review, etc.). 6) That Covenants and Restrictions shall be: (a) prepared in legal, recordable form executed by the property owner, outlining an agreement between the owner and the applicant-tenant, insuring compliance by the owner and tenant of all conditions and requirements; and Town; (b) approved or modified as deemed necessary by the (c) recorded by the owner in the Suffolk County Clerk's Office within 30 days of the filing of this decision with the Office of the Town Clerk, {before this approval may be effectuated}, and the Town Board of Appeals shall be furnished with proof of such county filing for the Town's permanent reoords; and 7) That there shall be no parking of vehicles in need of major repairs or servicing or those which are inoperable or dismantled; 8) That the processing of the site plan before the Town Planning Board may be held in abeyance by the applicant-property Page 8 - Appl. No. SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE owner, with no substantially major or adverse alteration to the site, its egress/ingress area and parking areas, buildings, until such time as a final hearing on the Special Exception standards has been held and a final determination rendered by the Board of Appeals. 9) That the number of vehicles for sales display shall be limited to not more than ten (10) vehicles at any one time; and 10) That the total number of vehicles on the site, including vehicles for sales display, temporary transition parking, employee parking, shall not exceed 18 cars or vehicles at any one time, eight (8) of which must be parked in the rear of the "converted storage building at the rear of the premises" (now used as a cottage); 11) That all vehicles related to this Special Exception must be located so as to permit adequate maneuverability, safety at all times, proper and unobstructed ingress and egress; and 12) That all vehicles shall be placed and/or parked on site and shall not be placed any closer than 12 feet from the inside edge of the existing front sidewalk, or 10 feet from the front property line, whichever is greater. 13) That there shall be no banners, flags or similar types of cosmetic advertising; and all outdoor lighting must be for security purposes only, without glare or disturbance to traffic or neighboring properties; one ground or wall sign, if proposed, must be in accordance with all sign regulations. 14) That a buffered emergency shall be placed ten (10) feet from the property line and twelve (12) feet from the front sidewalk, whichever is the greater distance. This can be accomplished by a single line of six (6) ft. "railroad ties" (or better as may be substituted by the ZBA), and shall be situated parallel with the property line along the Main Road. This provision shall not be deemed an approval of any specific setback and the Board reserves its right to make further adjustments of setbacks at the time of the final hearing. 15) That in the event code violations exist or are found which are contrary to other regulations of the Southold Town Code, or which are contrary to the conditions herein, this P~e 9 - Appl. No.el9SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 interim determination shall not preclude any proceeding taken by the Town to enforce the same, now or in the future. Vote of the Board: Ayes: Messrs. G0ehrin§er, Doyen, Oinizi0 and Villa. This resolution was duly adopted. (Abstained: Member Wilton, newly appointed 10/6/92). lk /.:-GER3LRD P. GOEHR'TNGER, ~rAIRMAM APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: Matthew G. Kiernan, Asst. Town Attorney FROM: Jerry Goehringer, Chairman, Zoning Board of Appeals DATE: December 1, 1992 SUBJECT: Your Memo dated November 27, 1992 Request by J.K. McLaughlin for Discussion-Code Change In reviewing your recent transmittal of J. Kevin McLaughlin's letter addressed to the Town Clerk, it is my understanding that Mr. McLaughlin is asking to discuss a possible code change in order to allow sales of used cars as a principal use, without the necessity of a new-car dealership. It is not necessary for Mr. McLaughlin to discuss with the Town Board details relating to the pending Special Exception application, which is scheduled before the Z.B.A. for a final hearing to be held June 30, 1993. The final hearing is for the purpose of reviewing all records which would show that the Mattituck Auto Center, Inc. would be, or has since its opening, operated as a new-car dealership according to the requirements of the zoning code. It would be my suggestion to allow Mr. McLaughlin an opportunity to submit a proposal for a code change and discuss it during legislative committee sessions. If the committee feels that sales of used cars should be permitted without the necessity of a new-car dealership as a principal use, then it could proceed with recommendations for discussions amongst the Town Board Members. Although this Department has an application pending for a new-car dealership proposal, the request by Mr. McLaughlin would not properly be in the province or discretion of the Board of Appeals if it merely involved discussions for a code change concerning used-car sales (without a new-car dealership), and should have no effect on our determinations since the Z.B.A. action must be based upon the zoning law in effect at the time of the decision. cc: Scott L. Harris, Supervisor Judith T. Terry, Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 21, 1992: POLICY ON DISCUSSIONS WITH OTHER TOWN BOARDS This resolution reaffirms the Town Board's policy adopted on March 1990: .- RESOLVED that the Town Board of the Town of Southold hereby establishes the policy that as a general rule, the Town Board of the Town of Southold ~vill not' discuss matters which are properly in the province or the discretion of the Planning Board, Board of Appeals, or Town Trustee c°ncernin9 .applications pending before those boards, or with any individuals or groups, unless the Supervisor shall decide, after consulting · with the Town Attorney, [hat special circumstances exist which justify a wai~er of the above-stated general rule. Judith T. Terry .Southold Town Clerk January 22, 1992 HARVEY A. ARNOFF Town Attorney MATI'HEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD MEMORANDUM SCO'UF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Matthew G. Kiernan, Assistant Town Attorney /~ ~/~ November 27, 1992 Annexed correspondence from Kevin McLaughlln Annexed hereto, please find a letter dated November 18, 1992 from Kevin McLaughlin requesting: to meet with the Town Board regarding a proposed change to the Town Code to permit the "sale of used vehicles, without the necessity of doing so as accessory to the sale of new vehicles." Mr. McLaughlin~s request is related to the special exception application of Richard Goodale. (#a, 119). In reviewing the Zoning Board's October 15th decision on the Goodale application, the question arose as to whether the Board's decision is final or-whether the application is considered still pending. An an. swer to this question is required so that the Town Board can respond to. Mr'. McLaughlin in a manner consistent with its "policy or discussions with other Town Boards", reaffirmed on January 21, 1992 (copy annexed). cc: Scott L. Harris, Supervisor Judith T. Terry, Town Clerk ATTORNEY AT LA~'~ ]$~)~X~X~4~X~K~]~X 1050 Youngs Ave., PO Bo:< X~-~Y~'.~ Southold, New Yor~ 11971 l~ ~ 6K~X~A~[ 765-6085 1210 JUDITH R. TERRY SOUTHOLD TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 November RECEIVED t g gg2 18, 1992 Dear Ms. Terry: Request is hereby made for an opportunity to address the Town Board at its next available work session, regarding Article X, Section 100-10lB(12) Of the Southold Town Code. This section mandates that "(s)ale of used vehixles or boats shall be conducted only as accessory to the sale of new vehicles or boats." As I believe the Tow~ Board is aware, I represent Richard Goodale, the owner of Mattituck Auto Center, Inc. I have enclosed a copy of the Board of Appeals most recent decision in regard to the special exceptioq application filed by Mr. Goodale. The purpose of me addressing the Town Board is to discuss · the possibility of amending said section of the Code, so as to allow sale of used vehicles, without the necessity of doing so as accessory to the sale of new vehicles. Please advise me, at your earliest convenience,' as to the date of the work session. Enc. ~~~"~'~'~l~'~IJ [ ~cr",;1 ata~ lzn · ~ge 6 - Appl. No. 4119SE Decision Rendered October 15, Matter of WILLi~.! GOODALE 1992 11. Compliance with the standards, intent and conditions of the ordinance must be determined. It is the position of the Board that the proof furnished thus far is not sufficient to comply with these requirements. No proof has been submitted to show the percentage of its business as a new car sales establishment, as compared to the percentage of its business as a used-car sales-leasing establishment. Additional proof must be furnished, and the time is being extended for the applicant to furnish that proof for an additional six (6) months from the date of this decision. 12. Accordingly, before passing upon this application with a final determination, the Board hereby extends the time for an additional six (6) months for the applicant-property owner to substantiate proof, testimony and/or other documentation as to compliance with the requirements of the zoning code for a new cars sales dealership, as well as proof as to the percentage of its business for an accessory used-car sales-leasing establishment. (The information furnished by the applicant is not sufficient to satisfy the standards and considerations for the grant of a Special Exception, including but not limited to Section 100-264, subsections' A through p.) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to permit occupancy for new car sales at the site, with used-car sales as an accessory thereto, for an eight-month period, and that a FINAL PUBLIC HEARING be and hereby is scheduled to be held on or about JUNE 30, 1993, SUBJECT TO THE FOLLOWING CONDITIONS~ 1) Reserving the right of the Zoning Board'of Appeals to conduct a final hearing under this application for the purposes of reviewing proof that the applicant is a new car salesman and allowing the Board consideration of further proof for the purposes of adequately fulfilling the standards and criteria necessary for- a Special Exception; AND 2) Reserving the right to the Zoning Board of Appeals to reconsider this eight-month (interim) authorization for the purposes of determining several issues, including but not .limited to whether or not the additional proof to be submitted will or will not adequately fulfill the requirements and Standards of the zoning laws for the proposed principal use as a new car establishment, the percentages of business in relation to the proposed new car establishment as well as the accessory sales of used cars; AND -~ge 7 - Appl. No. 4119SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 3) That there be not more than two principal uses, and the following alternative is acceptable: One residential'use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 4) That the existing separate, detached residential cottage structure in the rear yard be converted to accessory (inactive) storage use, or be removed within three (3) years from the date of the filing of the variance determination under Appl. No. 4092; and 5) That the issuance of a Special Exception for a new car sales dealersh%p is contingent upon a final hearing and final determination to be held on or about June 30, 1993 for the purposes of requesting the applicant finally to submit all up-to-date information and proof acquired during this eight-month time period for selling of new cars from the site, the percentage of its business in relation to both the accessory used-car sales-leasing and ~he principal new car dealership, and other standards and requirements necessary for the grant of a final Special Exception, and other town, state, and county · regulations applicable for final approval (such as site plan review, etc.). 6) That Covenants and Restrictions shall be: (a) prepared in legal, recordable form executed'~by the property owner, outlining an agreement between the owner and the applicant-tenant, insuring compliance by the owner and tenant of all conditions and requirements; and Town; (b) approved or modified as deemed necessary by the (c) recorded by the owner in the Suffolk County Clerk's Office within 30 days of the filing cf this decision with the Office of the Town Clerk, {before this approval may be effectuated}, and the Town Board of Appeals shall be furnished with proof of such county filing for the Town's permanent records; and 7) That there shall be no parking of vehicles in need of major repairs or servicing or those which are inoperable or dismantled; 8) That the processing of the site plan before the Town Planning Board may be held in abeyance by the applicant-property Page 8 - Appl. No. 9SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 owner, with no substantially major or adverse alteration to the site, its egress/ingress area and parking areas, buildings, until such time as a final hearing on the Special Exception standards has been held and a final determination rendered by the Board of Appeals. 9) That the nun~ber of vehicles for sales display shall be limited to not more than ten (10) vehicles at any one time; and 10) That the total number of vehicles on the site, including vehicles for sales display, temporary transition parking, employee parking, shall not exceed 18 cars or vehicles at any one time, eight (8) of which must be parked in the rear of the "converted storage building at the rear of the premises" (now used as a cottage); 11) That all vehicles related to this Special Exception must be located so as to permit adequate maneuverability, safety at all times, proper and unobstructed ingress and egress; and 12) That all vehicles .shall be placed and/or parked on site and shall not be placed any closer than 12 feet from the inside edge of the existing front sidewalk, or 10 feet from the front property line, whichever is greater. 13) That there shall be no banners, flags or similar types of cosmetic advertising; and all outdoor lighting must be for security purposes only, without glare or disturbance to traffic or neighboring properties; one ground or wall sign, if proposed, must be in accordance with all sign regulations. 14) That a buffered emergency shall be placed ten (10) feet from the property line and twelve (12) feet from the front sidewalk, whichever is the greater distance. This can be accomplished by a single line of six (6) ft. "railroad ties" (or better, as may be substituted by the ZBA), and shall be situated parallel with the property line along the Main Road. This provision shall not be deemed an approval of any specific setback and the Board reserves its right to make further adjustments of setbacks at the time of the final hearing. 15) That in the event code violations exist or are found which are contrary to other regulations of the Southold Town Code, or which are contrary to the conditions herein, this Pa~e 9 - Appl. No.~ E Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 interim determination shall not preclude any proceeding taken by the ToWn to enforce thD same, now or in the future. Vote of the Board: Ayes: Messrs. G0ehringer' Doyen, Dinizi0 and Vi]Ia. This res0]uti0n was duly adopted. (Abstained: Member Wilton, newly appointed 10/6/92). lk ~.~-~ERARD P. GOEHR'~NGER, ~AIRMAN .......... AND FILED ~, ti .T , ~ .... -., ...... - ;own ~erk, APPEAI.-$ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Scott L. Harris, Supervisor Jerry Goehringer, SBA Chairman//~~'~"/~ November 18, 1992 Your Transmittal - Herb Wells Correspondence Appl. No. 4119 Goodale I have reviewed your letter of November 13, 1992 which transmits a copy of correspondence from Wells Pontiac-Cadillac-Oldsmobile, Inc. It is possible that Mr. Wells has not reviewed the ZBA file containing the "conditional, interim determination" rendered 10/15/92. Our file also contains documentation which may be of interest to Mr. Wells (including a copy of a N.Y.S. Department of Motor Vehicles license for new and used car sales and other information) {copies attached). It is also suggested that Mr. Wells stop in to review our Goodale files, and he may also wish to communicate further with the ZBA after reviewing the documents on file. Also, Mr. Wells should be aware that a final hearing has been scheduled for late June 1993 -- at which time the Goodales must provide further documentation to satisfy the requirement for a new-car sales establishment. The last sentence of Mr. Wells' correspondence is correct in that banners are prohibited and must be removed. cc: Building Department SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - ! 800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 November 13, 1992 To: Zoning Board of Appeals / Building Department From: Scott L.. Harr~ Supervisor (~ Re: Attached correspondence from Herb Wells of November 5, 1992 Attached please find a letter from Herb Wells, dated November 5, 1992. As you can see, Mr. Wells has requested a written response from me with regard to the contents of his letter. Kindly supply me with your thoughts as soon as possible, so I may provide Mr. Wells with a prompt reply. Thank you. 1'~)9 DOWN Choose One WITH 734o6 DOWN Choose One :Mofit q~aJif'/· Must be ~ppr ed 1988BUICKELECTRA4Dr:,Lea~ed:~"YProP,~k~'~u~' ~~',, : : ,~-,~?.,,: . 1987 CHRYSLER 5th AVENUE L~. w~.~ 28K, BI~ 1988 CHEV CELEBRITY,WAGONA.to., ~C, Sta~, 75K, ~ "* ~' 1989 PLYMOUTH SUNDANCE = un. ~o: ~c,st~, ~ ~ ~~. ,'~.,. With I1,123.~ d~ fi~ s4,~3.48 = 42 x 129 ~. to~ ~ ~5~18 ~ 13% ,. . ' 1986 GMC 4WD 20 IN~I~IJP L~d. 95K. ~8~; 1987 OLDS CUTLASS SUPREME 2 DR. ^uto.,'A~c. C~.,I~'40K, I~[ue 1987 NISSAN XE VAN Load~. 7 pass.. 77K. Charcoal 1988 CHEV CELEBRITY EUROSPORT 2 DR. L~d~. ~gK. 1989 PONTIAC GRAND AM ^uto.. ~c. c,~.. 4OK. Blue Based on selling price of s5,995 plus s509.57 sales tax plus s37 insp. & fee ~6.541 57 With $1,734 down finance $4,807.5! = 48 x 129 mo. total of payments $6,192 @ 13% "ALL ONLY $5,995 · ~wfl ~.~ monthly Dayment may be:altered to fit DEPARTMENT OF PLANNING cOUnTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. Kunz DIRECTOR OF PLANNING October 22, 1992 Town of Southold Zoning Board of Appeals Applicant: William Goodale, Owner & Richard Goodale, Tenant Mun. File No.: 4119SE S.C.P.D. File No.: SD-92-17 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable special exception criteria. Alternative temporary relief appears warranted as set forth. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning CumHssion: ~Variance from the Zoning Code, Article , Section ~Variance from Determination of Southold Town Building Inspector XX Special Exception, Article X , Section lO0-101B(12) __Special Permit Appeal No: 4119SE Applicant: William Goodale (owner) Ricahrd Goodale (tenant) Location of Affected Land: 7655 Main Road, Laurel, NY County Tax Map Item No.: 1000-122-6-30.1 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport a permit Comments: Applicant is requesting ~*~mx~.g~ authorizing:a, new car sales establishment; b. an accessory use incidental to the new car sales for the sale/lease of the new principal use as a new car sales establishment ~opies of lown file and related documents enclosed for your review. Dated: October 20, 1992 APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD November 27, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4119 - William C. Goodale (Special Exception) Dear Mr. McLaughlin: Please find attached for your file a copy of the decision in the above matter which was date stamped on page 9 by the Town Clerk. You may wish to use this updated copy in lieu of the previous copy which was transmitted to you on the same date. Very truly yours, Enclosure Linda Kowalski Page 9 - Appl. No.tl9SE Decision Rendered'~'October 15, 1992 Matter of WILLIAM GOODALE interim determination shall not preclude any proceeding taken by the Town to enforce the same, now or in the future. Vote of the Board: Ayes: Messrs. G0ehringer, Doyen, Dinizio and Villa. This resolution was duly adopted. (Abstained: Member Wilton, newly appointed 10/6/92). lk /~j/..]..GERARD P. GOEHR, INGER~/C}~kIRMAN P, ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE / ~/~/~ 7-44OUR Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT¥ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 16, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4119 - William C. Goodale (Special Exception) Dear Mr. McLaughlin: Please find enclosed a copy of the board's action taken last night concerning the above application. The application has been remanded for a final hearing to be held on or about June 30, 1993 for the reasons noted therein. A copy has also been transmitted to the involved town departments for their update and information. Very truly yours, cc: GERARD P. GOEHRINGER CHAIRMAN Building Department (Attn: V. Lessard) Planning Board (Attn: B. Orlowski) Town Attorney's Office Mr. William Goodale (owner) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4119 (SE): Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously referred to as Lot 30). WHEREAS, after due notice, a public hearing was held on July 29, 1992 and September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously County Parcel Lot 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 {Main Road}. The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming Page 2 - Appl. No. 19SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 single-family residential use--which structures were built prior to April 23, 1957 and are more particularly designated on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. The provision under which this application is made is Article X, Section 100-101B(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of vehicles or boats. new (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) (e) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five ~35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 (g) (h) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 4. With reference to Section 100-101B, supra, the following are noted to show a breakdown in the type of use requested in the above-noted Special Exception category: (a) Public Garage use is not proposed; (b) Gasoline Service Station use is not proposed; (c) New motor vehicle lot is not proposed. (The subject lot will not be displaying new motor vehicles.) (d) Used motor vehicle lot accessory to the sale of new vehicles or boats IS proposed and is being considered.. No repair facilities are proposed. No servicing or major repairs of motor vehicles (e) (f) are proposed. (g) is proposed. (h) (±) No storage of gasoline or flammable oils in bulk No gasoline or fuel pumps or tanks are proposed. No gasoline service or repair shop or similar business is proposed. 5. Reference is also made by the Board for informational purposes to Section 100-101C, subsections (1-4) of the General "B" Business zoning regulations which provide for other specific accessory uses also subject to site plan review. Used car sales and leasing and principal sales office uses are addressed in the Zoning Code as principal uses in this zone district. It should also be noted that these uses are not specifically listed in the zoning code as allowable accessory uses to any other principal uses, and applications requesting same have not been made until March 5, 1992 (see variance for multiple uses with insufficient land area under File No. 4092). Decision Rendered October Matter of WILLI~ GOODALE 15, 1992 6. By this Special Exception application, the applicant requests approval for: (a) proposed telephone or office sales, by catalog or brochure sales, for the shipping of solar-conversion cars from the Solar Car Corporation located in Melbourne, Florida to a location specified by a proposed purchaser -- the applicant is not proposing display of the solar cars on-site because of the company's requirements for purchase first, and the applicant, he says, would have to purchase the vehicle to display it on this property; (b) proposed on-site sales and display of approximately 13 used vehicles, plus additional parking for its customers and employee(s) related to said used-car, sales; (c) proposed office use for leasing and related .business office activities, conducted in the front building first-floor area of 662 sq. ft., in addition to the existing principal single-family residential use of this building, and separate existing single-family principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 Sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. of the second floor only (main front building). 7. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to the above-mentioend two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as'an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal Page 5 - Appl. No. [9SE Decision Rendered October Matter of WILLIAM GOODALE 15, 1992 building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals or town permits, for used-car sales and leasing. The applicant has been since early 1991 to date operating a used-car sales establishment in conjunction with the two existing residences without substantiating sufficient proof that the establishment is an accessory to a new car sales establishment as required in the zoning code. Approvals for this newly added use are also necessary from and are pending before the Southold Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies. 8. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc. require 30,000 sq. ft. of land area for each residential unit in this "B" Zone District, for a normal requirement of 60,000 sq. ft. The requirement for a third principal use is the same, i.e. 30,000 sq. ft. additional. Combined, the total lot area requires 90,000 sq. ft. of land area for (any) three principal uses. The applicant's request allow increased density on this 36,155 sq. ft. parcel was denied; however, alternative relief for the total lot area to accommodate two principal uses as a maximum was conditionally granted under 4092 on April 2, 1992. to 9. To come into conformance with the conditions of the area variance under Appl. No. 4092, the applicant is to remove one of the existing (residential) principal uses in exchange for the proposed car sales establishment. 10. Certain adopted standards and criteria must be met before a Special Exception permit may be granted in the Town of Southold. Thus, proof must be submitted into the record to show that the proposed use will meet all the standards imposed by the zoning ordinance. Page 6 - Appl. No. 19SE Decision Rendered October 15, 1992 Matter of WILLIAM GOODALE 11. Compliance with the standards, intent and conditions of the ordinance must be determined. It is the position of the Board that the proof furnished thus far is not sufficient to comply with these requirements. No proof has been submitted to show the percentage of its business as a new car sales establishment, as compared to the percentage of its business as a used-car sales-leasing establishment. Additional proof must be furnished, and the time is being extended for the applicant to furnish that proof for an additional six (6) months from the date of this decision. 12. Accordingly, before passing upon this application with a final determination, the Board hereby extends the time for an additional six (6) months for the applicant-property owner to substantiate proof, testimony and/or other documentation as to compliance with the requirements of the zoning code for a new cars sales dealership, as well as proof as to the percentage of its business for an accessory used-car sales-leasing establishment. (The information furnished by the applicant is not sufficient to satisfy the standards and considerations for the grant of a Special Exception, including but not limited to Section 100-264, subsections A through P.) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to permit occupancy for new car sales at the site, with used-car sales as an accessory thereto, for an eight-month period, and that a FINAL PUBLIC HEARING be and hereby is scheduled to be held on or about JUNE 30, 1993, SUBJECT TO THE FOLLOWING CONDITIONS: 1) Reserving the right of the Zoning Board of Appeals to conduct a final hearing under this application for the purposes of reviewing proof that the applicant is a new car salesman and allowing the Board consideration of further proof for the purposes of adequately fulfilling the standards and criteria necessary before a Special Exception; AND 2) Reserving the right to the Zoning Board of Appeals to reconsider this eight-month (interim) authorization for the purposes of determining several issues, including but not limited to whether or not the additional proof to be submitted will or will not adequately fulfill the requirements and standards of the zoning laws for the proposed principal use as a new car establishment, the percentages of business in relation to the proposed new car establishment as well as the accessory sales of used cars; AND Decision Rendered Oc~c_.ober 15, 1992 Matter of WILLIAM GOODALE 3) That there be not more than two principal uses, and the following alternative is acceptable: One residential use (existing on the second story of the front house) may continue together with a first floor office use incidental and related to a future new dealership proposal; and 4) That the existing separate, detached residential cottage structure in the rear yard be converted to accessory (inactive) storage use, or be removed within three (3) years from the date of the filing of the variance determination under Appl. No. 4092; and 5) That the issuance of a Special Exception for a new car sales dealership is contingent upon a final hearing and final determination to be held on or about June 30, 1993 for the purposes of requesting the applicant finally to submit all up-to-date information and proof acquired during this eight-month time period for selling of new cars from the site, the percentage of its business in relation to both the accessory used-car sales-leasing and the principal new car dealership, and other standards and requirements necessary for the grant of a final Special Exception, and other town, state, and county regulations applicable for final approval (such as site plan review, etc.). 6) That Covenants and Restrictions shall be: (a) prepared in legal, recordable form executed by the property owner, outlining an agreement between the owner and the applicant-tenant, insuring compliance by the owner and tenant of all conditions and requirements; and (b) approved or modified as deemed necessary by the Town; (c) recorded by the Owner in the Suffolk County Clerk's Office within 30 days of the filing of this decision with the Office of the Town Clerk, {before this approval may be effectuated}, and the Town Board of Appeals shall be furnished with proof of such county filing for the Town's permanent records; and 7) That there shall be no parking of vehicles in need of major repairs or servicing or those which are inoperable or dismantled; 8) That the processing of the site plan before the Town Planning Board may be held in abeyance by the applicant-property P~ge 8 - Appl. No. O19SE Decision Rendered October 15, Matter of WILLIAM GOODALE 1992 owner, with no substantially major or adverse alteration to the site, its egress/ingress area and parking areas, buildings, until such time as a final hearing on the Special Exception standards has been held and a final determination rendered by the Board of Appeals. 9) That the number of vehicles for sales display shall be limited to not more than ten (10) vehicles at any one time; and 10) That the total number of vehicles on the site, including vehicles for sales display, temporary transition parking, employee parking, shall not exceed 18 cars or vehicles at any one time, eight (8) of which must be parked in the rear of the "converted storage building at the rear of the premises" (now used as a cottage); 11) That all vehicles related to this Special Exception must be located so as to permit adequate maneuverability, safety at all times, proper and unobstructed ingress and egress; and 12) That all vehicles shall be placed and/or parked on site and shall not be placed any closer than 12 feet from the inside edge of the existing front sidewalk, or 10 feet from the front property line, whichever is greater. 13) That there shall be no banners, flags or similar types of cosmetic advertising; and all outdoor lighting must be for security purposes only, without glare or disturbance to traffic or neighboring properties; one ground or wall sign, if proposed, must be in accordance with all sign regulations. 14) That a buffered emergency shall be placed ten (10) feet from the property line and twelve (12) feet from the front sidewalk, whichever is the greater distance. This can be accomplished by a single line of six (6) ft. "railroad ties" (or better as may be substituted by the ZBA), and shall be situated parallel with the property line along the Main Road. This provision shall not be deemed an approval of any specific setback and the Board reserves its right to make further adjustments of setbacks at the time of the final hearing. 15) That in the event code violations exist or are found which are contrary to other regulations of the Southold Town Code, or which are contrary to the conditions herein, this P~ge 9 - Appl. No. O19SE Decision Rendered OCtober 15, Matter of WILLIAM GOODALE 1992 interim determination shall not preclude any proceeding taken by the Town to enforce the same, now or in the future. Vote of the Board: Ayes: Messrs. G0ehringer, Doyen, Dinizi0 and Villa. This res0]uti0n was duly adopted. (Abstained: Member Wilton, newly appointed 10/6/92). lk -GERARD P. GOEH~INGER~IRMAN [~ECEIVED AND FILED SY ?HE SOUTHr~r ~ ,~,-'~ .r? ..., ........ ~. DATE~ Or:R ~oo , FROM : MATTITUCK AUTO CENTER PHONE NO. : 516 298 1839 Pi NEW ELECTRIC CAR DEALERSHIP AGREEMENT Solar Car,Corporation and /A/~,wv~: ~u;"a (Name, Address and Phone) WMEREA~, Solar Car Corporation, hereinafter referred to as "Solar", is in the business of ceiling components, kits and vehicles retrofitted to electric, eclat electric and hybrid configurations, and hereinafter referred tO az "Dealer", sales representative of Solar, i~. is interested in ~coming a Now TMERKFORE~ Solar and Dealer here~y ~Uree as follows: Solar ~ill provide Dealer with sales promotional materials on its products, to,ether wit?~ updated pricing information from time to time as appropriate. Solar will provide Dealer with Solar'~ catalog at a prfce to Dealer of $3.00 per catalog, which Dealer, in turn, may sell Dealer's potential customers at the catalog retail price. to Solar will keep Dealer and Dealer's de~ignatad maintenance party updated on its technology %o enable maintenance functions to be effective/}, carried out. Dealer and Dcalcr's designated maintenance party will mai~16aill con£id~ntiali%y r~labiv¢ ~o $o:ar's technology which Solar informs Dealer and Dealer's designated maintenance party to be considered proprietary, or which reasonably appears to be unique and nove~ in vehicles offered by ~ol~r- Dealer will be responsible for keeping ~olar informed of any maintenance performed on vehicles cold through Dealer under Agreement, and any problems which occur, in order that Solar, Dealer, and Dealer's designated maintenance party may more effectively cooperate to solve end minimize prOblems and malfuncti0nu. It is understood that unless subsequently stated otherwise by Solar, solar panels are w~rr~od for five years and all other retrofit components are warranted for one year. An}, defective or malfunctionin9 retrofit components Still under wmrranty ~ill eiL}~er be returned to ~olar. or dis~o~od of in accordance with ins&ructions £r~m S~lar. NEW ELECTRIC CAR DEALERSHIP AGREEMENT Page 2. 7. Dealer may purchase Components and items listed in Solar's catalog and itemized in Exhibit A at discount price~ in accordance with Exhibit A or amendments there%o. Solar reserves the right to change prices from time to time. 8. Relative to %he sale of Zolar's vehicles by Dealer, Solar agrees to pay Dealer a sales commissio~ in the amount of five percent (5.0%) of the net. sales price, POB plant. Commissions will be paid ~ithin ten days of delivery of the vehicle and full payment by the customer. It is understood that Dealer is operating ac an independcnt contractor and does not nave the right or au%horit~ to enter into any agreement or make representations on behalf of Sol.ar. This Dealership and designated maintenance functions provided under this Agreement ar~ ~on exclusive. This Agreement. will remain in effect for one year, but may be terminated earlier or extended by mutual written con~ent of the parties hereto. IN W~TNE$S WHEREOF, the parties hereto have shown their consent to this Agreement by ~ffixing their signatures here below. SOLAR CAR CORPORATION Tit le: ~F~ FROH : HATTITLICK ALITO EEHTER PHONE 516, 2-'9:9 1059 P~ NEW ~LECTRIC,~AR DEALERSHIP AGREEMENT (Name, Address and Phone) WM~R~AD, Solar Car Corporation, hereinafter referred %o as "Solar", iz in the business of selling components, kits and vehicles retrofit%ed to electric, solar electric and hybrid configurations, and hereinafter referred to as "Dealer" _epresen~_ve of Solar, is interested in becoming a NOW T~ERKFORE, Solar and Dealer heremy Solar will provid~ Dealer with males promotional materials On its productm, to,ether wit?~ updated pricing information from tim~ ~Q time as ~ ~ ~ app~op.,a,e. Solar will provide Dealer with $olar's catalog at a prfce to Dealer of $3.00 per catalog, whick Dealer, in turn, ma]' sell to Dealer's potential customers at the catalog retail price. Solar will keep Dealer an8 Dealer's demignated maintenance party updated on its technolog3~ %o enable maintenance functions to be effective/}, carried out. D~aler and Dealer's deGJpnaLod maintenance part}' will m~inb=i~l confidentiality relative to Solar': technology which Solar informs Dealer and Dealer's designated main~enance paruy to be considered proprietary, or which reasonably appears to bu unique and novel in %,ehlc~es offered b], Sol~r- Dealer will be responsible for keeping Solar informed of an}, maintenance performed on vehicles sold thzough Dealer under this Agreement, and an}, problems ~hich occur, in order that Sola-r, Dealer, and Dealer's designated mmintenance pert], ma}, more effectively cooperate to solve end minimize problems and malfunctions. It is understood that unless subsequently stated otherwise by Solar, solar pa~l~ are ~arran~ed for five years and all other retrofit components are warranted for one year. Any defective or malfunctioning retrofit components s=il! under wa=ranty will ei~}]er be returned to Solar, or d~sposcd of in accordance with instructions from N~W ELECTRIC CAR DEALERSHIP AGREEMENT Page Dealer may purchase components and items listed in $olar's catalog and itemized in Exhibit A at discount prices in accordance with Exhibit A or amendments theretO. Solar reserves the right to chan~e prices from time to time, Relatlve to %he sale of solar's vehicles by Dealer, Solar agrees to pay Dealer a sales commission in the amount of five percent (5.0%) of the net sales price, FOB plant. Commissions will be paid within ten days of delivery of the vehicle and full payment by the customer. It is understood that Dealer i~ opermting at an independent contractor and does not nave the right or authority to cn~er fmto any agreement or make representations on behalf of Sol.sr. This Dealership and designated maintenance functions provided under this Agreement ar~ n~n excluslve. This Agreement. will remain in effect for one year, but may be terminated earlier or ex=ended by mutual written consent of the parties hereto. IN W~TNES$ WHEREOF, the parties hereto have shown their consent to this Agreement by offixing their signatures here below. SOLAR CAR CORPORATION Dealer Title~ //--~-~. Solar Car rpora ion Price List PRICES SUBJECT TO CHANGE WITHOUT NOTICE March 1, 1992 PG. ~ p.05 p <)5 p 06 p 07 p 08 p 08 p 09 p · 09 p. 09 p. 09 p. 10 p. I0 p.lO p. 10 p. :L 0 P, t. !. p.12 p.12 p.12 p.12 p.12 p.12 p.13 p.13 p.13 p.13 p.13 p.13 p.13 p.13 p.13 p.13 p.15 p.15 p.16 ITEM %~ DESCRIPTION SHF'. WT,. F~I_E Festiva Electric 25000,, Festiva Solar Electric :28800. 00:*: Lumina Stretch Van 51500.00 ~ Pickup Tru,:k E!e,:~ric :24000.00:~ PTK- 10 P/U Tr uc k Con v. 400 1 bs,. 6550 ,. 00 PTK-tOE P/U Truck Conv./Ext. Cab 400 lbs. 6570.00 BCI Basic Conversion I 200 lbs. 3139.50 BCII Basic Conversion II 265 lb~. 3769.50 FC Festiva Conversion 300 lbs. 5764.50 FCGE Festiva Grc, und Effects 25 lbs. 250.95 MCP-300 Co~t. Mod. 300a wxwiring ~0 lbs. I!60.25 MCF'.-301 Con~. Mc, d. 300a w/out wiring 30 !bs~ 1134.00 MCP-400 Cont,. Mod. ~*00a w/wi?-ing 30 lbs. 1181.25 MCP-401 Cont. Mod. 400a w/out wiri~g 30 lbs. 1139.25 MCPF External Cooling F~n 1 lb. t7~25 C122! Contrc, ller 12 lbs. 750~00 F'B-?3 Pot Box 1 lb~ 51.45 SW-190 Contac~or 2 lbs. 84~00 CR-1 Relay 1/2 lb. 6.88 CR-2 Relay 1/2 lb. 18. 11 CR-3 Relay 1/2 lb. 17~75 CR-4 Relay 1/2 lb. 17.96 CR-5 Relay 1/2 lb~ 19.50 F400 Fuseable Link 1/2 lb. 6.23 F450 Fuseable Link 1/2 lb. 9.40 FH30 Fuse Holder 1 lb. 6.04 FH~O Fuse Holder 1 lb. ],.30 SF30 Fuse 30a T/D 1 lb. 4.,46 SF45 Fuse 45a T/D 1 lb. 7.09 SF60 Fuse 60a T/D 1 lb. 7.09 FB6 Fuseblock 1 lb. 7.30 TB3 Terh~ination Block 1 lb. 10.24 AB1 ABS Mounting Plate 2 lbs. 26.78 FB1-4001 Motor 9" w/out tail shaft 160 lbs. 1500.00 FB1-4001a Motc, r 9" w/tail shaf~ !60 lbs. 1525~00 X91-4001 Motor 7" w/tail shaft 95 lbs. 900.00 These models ,:an be converted from a used vehicle, subject to availability, amd discounted $ 2000.00 Te,:hnical assistan,-e for specific proje,--t needs available for $ 25/hr. ~.16 ].18 ].18 =.18 ].18 ].18 ].18 ~.19 ~.19 ~.19 p.19 p.19 p.19 p. 20 p. 20 p. 20 p.20 p.20 p. 20 p. 20 p.20 p. 20 p.20 p. 20 p.20 p. 20 p.20 p. 20 p · 20 p. 20 p.21 p.21 p.21 p.21 p.21 p.21 p.21 p.21 p.21 p.21 p.22 p.22 p. 22 p. 23 p. 23 p.23 p.23 p. 23 p.23 p 23 p 23 p 23 p 23 p 23 p 23 p 23 L91-4003 GE-6 ALT-3 ALT-4 RB-7 RB-9 RB-9A F1 S10-6 S10-4 HC VWB VWR SCC7~ SCC8 SCC9 SCCIO SCC12 SCC BY12/2425 BY12/3625 BY12/4825 BY12/7225 BY12/8425 BY12/9625 BY12/10825 BY12/11425 BY12/12025 BY12/14425 BY LC7 LC9 LCIO LC12 CUC-10 CUC-20 L-10 L-20 CB-18 CB-316 DCT-3 DCS-2 DCV-2 AM-S4 AM-S3 AM-50 AM-25 AM-lO VM-12 VM-72 VM-96 VM-108 VM-120 BT-36 BAT-72 BAT-96 Motor 7" w/tail shaft 95 lbs. GE 6" Motor 80 lbs. Alternator 3 KW 25 lbs. Alternator 4.5 KW 25 lbs. Reg. Braking/7" motor 50 lbs. Reg. Braking/9" motor 50 lbs. Reg. Braking/9" for P/U 50 lbs. Adapt. Plate/Festiva/7" motor 20 lbs. Adapt. Plate/Chevy S10/6 cyl. 25 lbs. Adapt. Plate/Chevy S10/4 cyl. 25 lbs. Adapt. Plate/Honda Civic 15 lbs. Adapt. Plate/VW Beetle 15 lbs. Adapt. Plate/VW Rabbit 15 lbs. SCC Modules/72v 20 lbs. SCC Modules/84v 20 lbs. SCC Modules/96v 20 lbs. SCC Modules/lO8v 20 lbs. SCC Modules/120v 20 lbs. Requested voltage 20 lbs. Bycan Dual Volt. Charg./24v 75 lbs. Bycan Dual Volt. Charg./36v 75 lbs. Bycan Dual Volt. Charg./48v 75 lbs. Bycan Dual Volt. Charg./72v 75 lbs. Bycan Dual Volt. Charg./84v 75 lbs. Bycan Dual Volt. Charg./96v 75 lbs. Bycan Dual Volt.Charg./108v 75 lbs. Bycan Dual Volt.Charg./ll4v 75 lbs. Bycan Dual Volt.Charg./120v 75 lbs. Bycan Dual Volt.Charg./144v 75 lbs. Req. Single Volt. Charger 60 lbs. Lestronic 72v Charger 100 lbs. Lestronic 96v Charger 100 lbs. Lestronic 108v Charger 100 lbs. Lestronic 120v Charger 115 lbs. Battery Cable 1/0 1/2 lb/ft Battery Cable 2/0 1/2 lb/ft Cable Lugs 1/0 20/lb Cable Lugs 2/0 20/lb Copper Buss Bar 3/4" x 1/8" 1/2 lb/ft Copper Buss Bar 3/16 x 3/4 I lb/ft DC/DC Converter 6 lbs. Sevcon DC/DC Converter 7 lbs. Vicor DC/DC Converter 2 lbs. Ampmeter w/shunt 400a I lb. Ampmeter w/shunt 300a I lb. Ampmeters O-50a 1/2 lb. Ampmeters 0-25a 1/2 lb. Ampmeters O-lOa 1/2 lb. Voltmeter 11-15v ~/2 lb. Voltmeter 65-90v 1/2 lb. Voltmeter 85-120v 1/2 lb. Voltmeter 95-135v 1/2 lb. Voltmeter 105-150v 1/2 lb. Batstat Monitor 36v I lb. Batstat Energy Gauge 72v 1/2 lb. Batstat Energy Gauge 96v 1/2 lb. 925.00 450.00 278.25 341.25 572.00 615.30 624.75 514.50 551.25 530.25 283.50 220.50 262.50 575.00 575.00 575.00 575.00 575.00 590.00 request request request 775.00 775.00 775.00 775.00 775.00 775.00 775.00 650.00 690.00 725.00 790.00 875.00 2.26/f 2.52/f 1.58 1.58 2.63 3.68 165.00 345.00 275.00 55.00 55.00 29.75 29.75 29.75 22.50 39.00 39.00 39.00 39.00 100.80 69.00 69.00 p.30 p.31 p.32 p. 32 p.32 p. 32 p.32 p. 32 p.32 p. 32 p.32 p. 32 p.33 p. 33 p.33 p. 34 p. 34 p. 34 p. 34 p.34 p. 34 PG21-1/2 RB PL-5 PL-7 PL-9 PLQ-13 PLQ-18 PLQ-26 PLF-gAc PLF-9DC PLF- 13AC PLF-13DC WB-H~ WB-P BCC BWD BB1 BPS VSE VSCC ProGear 21 2 lbs. 9.45 Rust Buster 1 lb. 157.50 PL lamp w/adapter 5w 1 lb. 15.75 PL lamp w/adapter 7w 1 lb. 15.75 P1 lamp w/adapter 9w 1 lb. 15.75 PL Quad Bulb w/adapter i3w 1 lb. 25.73 PL Quad Bulb w/adapter 18w 1 lb. 25.73 PL Quad Bulb w/adapter 26w 1 lb. 25.73 Plastic Fixture/gw AC 2 lbs. 45.94 Plastic Fixture/gw DC 2 lbs. 86.63 Plastic Fixture/13w AC 2 lbs. 47.15 Plastic Fixture/13w DC 2 lbs. 88.73 SeaLectric Boat 500 lbs. 5118.75 Hanging Mount Windbugger 60 lbs. 1044.75 Pole Mount Windbugger 60 lbs. 1149.75 Pole Mount Accessory/option 25 lbs. 262.50 Climate in Crisis 1 lb. 11.95 Why Wait For Detroit 1 lb. 13.95 Battery Book 1/2 lb. 7.95 Photocomm Catalog 1/2 lb. 5.~ Solar Elec. Car Primer Video 1 lb. 49.95 Solar Car Video 1 lb. 6.30 p. 23 p. 23 p.24 p. 24 p. 24 ~. 24 ~. 24 ~. 24 ~. 24 ~. 24 ~. 24 ~.24 p. 24 p. 24 p. 24 p. 24 p. 25 p. 25 p. 25 p. 25 p.26 p.26 p. 26 p.26 p. 26 p. 26 p. 27 p.27 p.27 p. 28 p. 28 p.28 p.28 p. 28 p. 28 p. 29 p. 29 p. 29 p. 29 p. 29 p.29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 30 BAT-lO8 BAT-120 811612 811624 811636 811648 CS934-12 CS934-18 CS934-24 Cs934-30 CS934-32 CS934-36/48 CS934-40 CS93~-48 CS934-72 CS934-80 CS234-E96 CS234-E108 CS234-E120 VBM VP1 VS VR1 DV-50 DV-25 DV-12.5 SDV-50a SDV-50b SDV-25 MSX-IO MSX-18 MSX-30 MA-6 SB-50-R/G SB-175-R/G SB-350-R/G GE-TDQ-150 6E-TDQ-200 CF-4 CF-3 B-lO5 DCRS FFRS SCCS EB ER EY EG HE-800 PB-B UEV-IO0 UB-IO UGE-9 UG/S UPMC-25 SLT Batstat Energy Gauge 108v Batstat Energy Gauge 120v Anderson Gauge 12v Anderson Gauge 24v Anderson 6aug? 36v Anderson Gauge 48v Curtis Fuel Gauge Curtis Fuel Gauge Curtis Fuel Gauge/96v Curtis Fuel Gauge/lO8v Curtis Fuel Gauge/120v Vacuum Module Vacuum Pump Vacuum Switch Vac uu~ Reservoir Phot ocomm Panels SCC Panels Solarex Panels Clutch Anderson Connectors Main Disconnect AC-DC Cooling Fan AC-DC Cooling Fan Blower 12v Dodge Colt Rear Springs Ford Festiva Rear Springs Custom Coil Springs Decals/Royal Blue Decals/Bright Red Decal s/Yel I ow Decals/Green Heating Element Pot Box Bracket Used GE Controllers Bal dot Motor/used GE 9" Motor/used Gauges & Shunts 500a PMC 25 Controllers/used Slick 50 Gear Treatment 1/2 lb. 69.00 1/2 lb. 69.00 1/2 lb. 120.75 1/2 lb. i20.75 1/2 lb. 120.75 1/2 lb. 120.75 2 lbs. Upon Req. 2 lbs. " 2 lbs. " 2 lbs. " 2 lbs. 2 tbs. " 2 lbs. " 2 lbs. " 2 lbs. " 2 lbs. Upon Req. I lb. 393.75 I lb. 393.75 1 lb. 393.75 6 lbs. 183.75 4 lbs. 136~50 8 oz. 33.60 8 oz. 26.25 15 lbs. 540.75 9 lbs. 304.50 6 lbs. 200.55 10 lbs. 519.75 10 lbs. 519.75 8 lbs. 393.75 4 lbs. 136.50 6 lbs. 199.50 9 lbs. 252.00 15 lbs. 124.95 8 oz. 5.15 12 oz. 10.24 20 oz. 16.54 5 lbs. 110.25 5 lbs. 110.25 1 lb. 38.85 I lb. 35.70 2 lbs. 48.30 10 lbs. 183.75 10 lbs. 178.50 10/15 lbs. quote 1/2 lb. 5.25 1/2 lb. 5.25 1/2 lb. 5.25 1/2 lb. 5.25 5 lbs. 94.40 I lb. 21.00 10 lbs. offer 155 lbs. 250.00 160 lbs. 400.00 I lb. 25.00 15 lbs. 500.00 i lb. 30.45 Solar Car rporation Elec .c Vehicles & Components Price List PRICES SUBJECT TO CHANGE WITHOUT NOTICE ~arch 1, 1992 .................................................. PG.~ ITEM ¢~ DESCRIPTION SHP. WT. ~:~-' 'I~'_.E~ p~05 Festiva Electri] 25000~, p.05 Festiva So!ar E!.~ctri. c 28800.00:*: p,06 Lun',ina Stretch Var~ 5150!]!~00 p.07 ~ Pickup Truck E!.~c;tric 24000.00:~: p.08 PTK-~O P/U Truck Conv. 400 lbs. 6550.00 p.08 PTK-!OE P/U Truck Conv./Ext,, Cab 400 lbs. 6570. p.09 BCI ' Basic Conversion I 200 lbs. 3~39.50 p.09 BCII Basic Cc, nversion !I 2~5 lbs. 3769.50 p.09 FC Festiva Cc, nversion 300 lbs. 5764.50 p.09 FCGE Festiva Ground Effect~ 25 lbs. 250.95 p. lO MCP-300 Cont. Mod. 300a w/wiring 30 lbs. 1~60.25 p.!O MCP-301 Cont. Mod. 300a w/ou't wiring 30 lbs. 1t34.00 p~lO MCP-,400 Cont. Mod. ~'00a w/wi~ing 30 lbs. 11~!.25 p.~.() ~CP-401 Cc, hr. Mc, d. 400a w/c, ut wirir~g 30 lb~. 1139.25 p.]~O MCPF External Cooling F~n 1 lb. ~7.25 P. ll C122! Controller 12 lbs. P. ~.! PB-{A Pot Box 1 lb~, 51~5 p. 12 SW-!90 Contactor 2 lbs. 84.00 p. 12 CR-1 Relay 1/2 lb. 6.88 p.12 CR-2 Relay 1/2 lb. 18.11 p.12 CR-3 Relay 1/2 lb. 17.75 p,, 12 OR-4 Relay 1/2 lb. 17.96 D. 12 CR-5 Relay 1/2 lb. ~9.50 ~. 13 F400 Fuseable Link 1/2 lb. 6.23 D.13 F450 Fuseable. Link 1/2 !b. 9.40 D. 13 FH30 Fuse Holder 1 lb. 6.04 ~.13 FH60 Fuse Holder 1 lb. 7.30 ].13 SF30 Fuse 30a w/D 1 lb. ~.13 SF45 Fuse 45a T/D 1 lb. 7.09 ~. 13 SF60 Fuse 60a T/D i lb. 7.09 ~. 13 FB6 Fuseblock 1 lb. 7,30 D. 13 TB3 Termination Block I lb. 10.24 D.13 AB1 ABS Mounting Plat~ 2 lbs. 26.78 :.15 FB!-4001 Mc, tot 9" w/out tail shaft i60 lbs. 1500.00 3.15 FB1-4001a Motor 9" w/tail shaf~ !~0 lbs. 1525.00 D.16 X91-4001 Motor 7" w/tail s~aft 95 lbs. 900.00 These models ,:an be converted from a used vehi,zle, subject to availability, and discounted $ 2000.00 Te,:hni,--al assistance for spe,-ific project needs available for $ 25/hr. . .~. .~-' ~..~ p.l~ p.18 p.18 p.18 p~.18 p.18 p.18 p.19 p.19 p.19 p.19 p.19 p.19 p. 20 ). 20 ). 20 ). 20 ~.20 ). 20 .20 ~. 20 ].20 ~. 20 ~.20 =. 20 ~.20 ~. 20 .20 =. 20 p.21 p.21 .21 .21 .21 ).21 ~.21 ).21 ~.21 ).22 ~.22 .22 ~.23 ~. 23 ~. 23 ~.23 ~. 23 =.23 ~.23 .23 ~. 23 ~. 23 ~. 23 ~. 23 L91-4003 GE-6 ALT-3 ALT-4 RB-7 RB-9 RB-9A F1 S10-6 S10-4 HC VWB VWR SCC7~ SCC8 SCC9 SCCiO SCC12 SCC BY12/2425 BY12/3625 BY12/4825 BY12/7225 BY12/8425 BY12/9625 BY12/i0825 BY12/11425 BY12/12025 BY12/14425 BY LC7 LC9 LCIO LC12 CUC-IO CUC-20 L-lO L-20 CB-18 CB-316 DCT-3 DCS-2 DCV-2 AM-S4 AM-S3 AM-50 AM-25 AM-lO VM-12 VM-72 VM-96 VM-108 VM-120 BT-36 BAT-72 BAT-96 Motor 7" w/tail shaft 95 lbs. 925.00 GE 6" Motor 80 lbs. 450.00 Alternator 3 KW 25 lbs. 278.25 Alternator 4.5 KW 25 lbs. 341.25 Reg. Braking/7" motor 50 lbs. 572.00 .Reg. Braking/9" motor 50 lbs. 615.30 Reg. Braking/9" for P/U 50 lbs. 624.75 Adapt. Plate/Festiva/7" motor 20 lbs. 514.50 Adapt. Plate/Chevy S10/6 cyl. 25 lbs. 551.25 Adapt. Plate/Chevy S10/4 cyl. 25 lbs. 530.25 Adapt. Plate/Honda Civic 15 lbs. 283.50 Adapt. Plate/VW Beetle 15 lbs. 220.50 Adapt. Plate/VW Rabbit 15 lbs. 262.50 SCC Modules/72v 20 lbs. 575.00 SCC Modules/84v 20 lbs. 575.00 SCC Modules/96v 20 lbs. 575.00 SCC Modules/lO8v 20 lbs. 575.00 SCC Modules/120v 20 lbs. 575.00 Requested voltage 20 lbs. 590.00 Bycan Dual Volt. Charg./24v 75 lbs. request Bycan Dual Volt. Charg./36v 75 lbs. request Bycan Dual Volt. Charg./48v 75 lbs. request Bycan Dual Volt. Charg./72v 75 lbs. 775.00 Bycan Dual Volt. Charg./84v 75 lbs. 775.00 Bycan Dual Volt. Charg./96v 75 lbs. 775.00 Bycan Dual Volt. Charg./108v 75 lbs. 775.00 Bycan Dual Volt. Charg./ll4v 75 lbs. 775.00 Bycan Dual Volt. Charg./120v 75 lbs. 775.00 Bycan Dual Volt. Charg./144v 75 lbs. 775.00 Req. Single Volt. Charger 60 lbs. 650.00 Lestronic 72v Charger 100 lbs. 690.00 Lestronic 96v Charger 100 lbs. 725.00 Lestronic 108v Charger 100 lbs. 790.00 Lestronic 120v Charger 115 lbs. 875.00 Battery Cable 1/0 1/2 lb/ft 2.26/f Battery Cable 2/0 1/2 Ib/ft 2.52/f Cable Lugs 1/0 20/lb 1.58 Cable Lugs 2/0 20/lb 1.58 Copper Buss Bar 3/4" x 1/8" 1/2 lb/ft 2.63 Copper Buss Bar 3/16 x 3/4 I lb/ft 3.68 DC/DC Converter 6 lbs. 165.00 Sevcon DC/DC Converter 7 lbs. 345.00 Vicor DC/DC Converter 2 lbs. 275.00 Ampmeter w/shunt 400a 1 lb. 55.00 Ampmeter w/shunt 300a 1 lb. 55.00 Ampmeters O-50a 1/2 lb. 29.75 Ampmeters 0-25a 1/2 lb. 29.75 Ampmeters O-lOa 1/2 lb. 29.75 Voltmeter 11-15v 1/2 lb. 22.50 Voltmeter 65-90v 1/2 lb. 39.00 Voltmeter 85-120v 1/2 lb. ~ · 39.00 Voltmeter 95-135v 1/2 lb. 39.00 Voltmeter 105-150v 1/2 lb. 39.00 Batstat Monitor 36v I lb. 100.80 Batstat 1/2 lb. 69.00 Batstat 1/2 lb. 69.00 Energy Gauge 72v Energy Gauge 96v p. 23 p. 23 p. 24 p. 24 ~. 24 :.24 :. 24 ). 24 ~. 24 1.24 ~. 24 ~. 24 ].24 ].24 ].24 ]. 24 p. 25 ]. 25 ]. 25 ].25 ]. 26 ].26 ]. 26 ].26 ].26 ].26 ~. 27 ].27 ].27 ~. 28 ]. 28 ]. 28 ~.28 ~.28 ~.28 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p. 29 p.29 p.29 p. 29 p. 29 p. 29 p. 29 p. 29 p.29 p.29 p.29 p. 30 BAT-108 BAT-120 811G12 811G24 811G36 811G48 CS934-12 CS934-18 CS934-24 Cs934-30 CS934-32 CS934-36/48 CS934-40 CS93~-48 CS934-72 CS934-80 CS234-E96 CS234-E108 CS234-E120 VBM VP1 VS VR1 DV-50 DV-25 DV-12.5 SDV-50a SDV-50b SDV-25 MSX-IO MSX-18 MSX-30 MA-6 SB-50-R/G SB-175-R/G SB-350-R/G GE-TDQ-150 GE-TDQ-200 CF-4 CF-3 B-105 DCRS FFRS SCCS EB ER EY EG HE-800 PB-B UEV-IO0 UB-IO UGE-9 UG/S UPMC-25 SLT Batstat Energy Gauge 108v Batstat Energy Gauge 120v And~rson Gauge 12v Anderson Gauge 24v Anderson Gaug~ 36v Anderson Gauge 48v 'Curtis Fuel Gauge Curtis Fuel Gauge Curtis Fuel Gauge/96v Curtis Fuel Gauge/lO8v Curtis Fuel Gauge/120v Vacuum Module Vacuum Pump Vacuum Switch Vacuum Reservoir Photo,: oma Panels SCC Panels Solarex Panels Clutch Anderson Connectors Main Disconnect AC-DC Cooling Fan AC-DC Cooling Fan Blower 12v Dodge Colt Rear Springs Ford Festiva Rear Springs Custom Coil Springs Decals/Royal Blue Decals/Bright Red Decals/Yellow Decals/Green Heating Element Pot Box Bracket Used GE Controllers Baldor Motor/used GE 9" Motor/used Gauges & Shunts 500a PMC 25 Controllers/used Slick 50 Gear Treatment 1/2 lb. 69.00 1/2 lb. 69.00 1/2 lb. 120.75 1/2 lb. 120.75 1/2 lb. I20.75 1/2 lb. 120.75 2 lbs: Upon Req. 2 1 bs. 2 lbs. " 2 lbs. " 2 lbs. " 2 lbs. " 2 lbs. 2 1 bs. " 2 lbs. " 2 lbs. Upon Req. I 1 b. 393.75 1 lb. 393.75 1 lb. 393.75 6 lbs. 183.75 4 lbs. 136.50 8 oz. 33.60 8 oz. 26.25 15 lbs. 540.75 9 lbs. 304.50 6 lbs. 200.55 10 lbs. 519.75 10 lbs. 519.75 8 lbs. 393.75 4 lbs. 136.50 6 lbs. 199.50 9 lbs. 252.00 15 lbs. 124.95 8 oz. 5.15 12 oz. 10.24 20 oz. 16.54 5 lbs. 110.25 5 lbs. 110.25 1 lb. 38.85 I lb. 35.70 2 lbs. 48.30 . 10 lbs. 183.75 10 lbs. 178.50 10/15 lbs. quote 1/2 lb. 5.25. 1/2 lb. 5.25 1/2 lb. 5.25 1/2 lb. 5.25 5 lbs. 94.40 1 lb. 21.00 10 lbs. ~offer 155 lbs. 250.00 160 lbs. 400.00 I lb. 25.00 15 lbs. 500.00 1 lb. 30.45 p.30 p.31 p.32 p. 32 p.32 p. 32 p. 32 p. 32 p.32 p. 32 p.32 p. 32 p.33 p. 33 p.33 p. 34 p. 34 p.34 p. 34 p. 34 p. 34 PG21-1/2 RB PL-5 PL-7 PL-9 PLQ-13 PLQ-18 PLQ-26 PLF-gAC PLF-9DC PLF-13AC PLF-13DC WB-H~ WB-P BCC BWD BB1 BPS VSE VSCC PL lamp P1 lamp PL Quad PL Quad PL Quad Plastic Plastic Plastic Plastic ProGear 21 Rust Buster PL lamp w/adapter 5w w/adapter 7w w/adapter 9w Bulb w/adapter 13w Bulb w/adapter 18w Bulb w/adapter 26w Fixture/9w AC Fixture/9w DC Fixture/13w AC Fixture/13w DC SeaLectric Boat Hanging Mount Windbugger Pole Mount Windbugger Pole Mount Accessory/option Climate in Crisis Why Wait For Detroit Battery Book Photocomm Catalog Solar Elec. Car Prin~er Video Solar Car Video 2 lbs. 1 lb. 1 lb. 1 lb. 1 lb. 1 lb. I lb. 1 lb. 2 lbs. 2 lbs. 2 lbs. 2 lbs. 500 lbs. 60 lbs. 60 lbs. 25 lbs. I lb. 1 lb. 1/2 lb. 1/2 lb. 1 lb. 1 lb. 9.45 157.50 15.75 15.75 15.75 25.73 25 · 73 25.73 45.94 86.63 47. 15 88.73 5118.75 1044.75 1149.75 262.50 11.95 13.95 7.95 49.95 6.30 OFFICIAL BUSINESS CERTIFICATE THIS CERTIFICATE EXPIRES 12/31/92 7053668 DLN oate ot va,idauo~: 06/08/9'2 11781 l~iam~:,e~s REG:[STERED AS A DEALER HEN AND USED pvrauant to the pro¥isi~n$ of the Vehicle and Traffic Law. MATI'ZTUCK AUTO COMMI,SSIONER OF MOTOR VEHICLES CENTER BX567 7655 MN 'RD R25 MATTZTUCK NY 11952 This document doe~ not certify that this business ocmplles with zoning anti other local laws. POST IN A CONSPICUOUS PLACE Z m Z 0 OFFICIAL BUSINESS CERTIFICATE THiS CERTiFiCATE EXPIRES ~c~rr~ mr~'r~r~c~Tzo,~',vo. 705366 8 DLN Date ol Validalio~: 06/08/92 1178.l T'n~sr, erso~is REG][STERED AS A DEALER NEW AND USED pursuant to tl~e provisions ot Ihe Vehicle and Traffic I.aw. MATT[TUCK AUTO COMMISSIONER OF MOTOR VEHICLES CENTER /NC BX567 7655 mN 'RD ~25 MATTZTUCK NY 11952 This d~ume~t dom not ce~if¥ th~ this business co~pli~ with zoni~ arid other Ioc~ laws. POSTINA CONSPIC~OUSP~CE m 0 Z m 0 SOLAR CAR CORPORATION NEWSLETTER January 10, 1992 SOLAR CAR CORPORATION is pleased to start the new year with a $250,000 grant award from the Florida Energy Office to retrofit a vehicle from each of eight county and commercial fleets. Vehicles will be converted to solar electric power, followed by a two year monitoring program which will provide excellent feedback on the performance of these - vehicles under normal use conditions. It is anticipated that these fleets will expand their use of electric vehicles and that other fleets will follow with their own programs. In addition to the grant award, we have received an order for two electric vehicles from the University of South Florida for its electric vehicle experimental program, and are expecting orders momentarily from three other parties. 1992 looks like it may be an exciting year for us. Recent independent market surveys are nrojecting that more than two million electric vehicles will be on t~e road in the United States by the year 2000. If this turns out to be true, it means that our budding electric vehicle industry will be growing at a rate in excess of 100% per year for several years to come. We are pleased to find that an increasing number of utilities support our young industry. Many are taking the lead in acquiring e~ectric and solar electric vehicles for their own fleets and demonstrating and promoting their use in the community. It has been estimated that between 20 and 40 million electric vehicles can be supported in this country with no increase in the capacity of our electric grid system, with typically off peak (overnight) hours for recharging. Solar Car Corporation is working hand in hand with these utilities, and with municipal and commercial fleets to provide electric pickup trucks, commuter cars and other electric and solar electric vehicles and components as required. We are also continuing to expand our network of sales and maintenance representation throughout the country. To support our anticipated growth and working capital needs, we have in progress a Private Placement Offering to raise up to $2 million in equity from qualified investors, in minimum subscriptions of $50,000. If successful, Solar Car Corporation will become a formidable competitor in a field that is destined to see an increasing number of startup companies scrambling to establish niche markets. By the way, our catalog of vehicles, components and kits is now available and those of you who don't yet have a copy should send $5.00 with your request for one. Your $5.00 will be credited against your purchases from the catalog. Let's hope that 1992 becomes a great year for all of you and for all of us at Solar Car Corporation. Our best wishes to everyone! 1300 Lake Washington Road ~ Melbourne, Florida 32935 - (407) 254-2997 ~ FAX (407) 254-4773 and WILLIAM GOODALE, residing at 15 Fourth Street, MATTITUCK AUTO CENTER, INC., with a place of 7655 Main Road (Rt. 25), Mattituck, New York New Suffolk, business at New York asLandlord ~l~G~t~: TI, e Landlord hereb7 leases to the Tenant the [ollowing premises: 7655 Main Road (Rt. 25), Mattituck, New York, bearing Suffolk County Tax Map No. 1000-122-06-30.1 [or tfle term of ten (10) years to commence from the 1 st daF of June 19 9 2 and to end on the 31st dayof May, 2002 X~ tobeusedandoccupJedon]yfor sale and display of new and used motor vehicles upon the conditions and covenants following: 1st. That the Tenant sha]] pay theX~ent ot SiX Hundred Fifty and no/100ths ($650.00) per month on the first day of each month during the first yca~* cf · term of this lease. On June 1st of each year of the term of this l~ase the monthly rental shall increase by $65.00 per month. 'In addition, t~ Tenant shall be ~esponsible for payment of any increases in the real property taxes on the subject premises over the base year of 1992. In addition, in the event that the p~psent Tenant in the rear house moves put, or is. otherwise no lo~er responsible for rentalS'payments, th~ Tenant herein shall thereafter become responsible for the payment of additional rental in the sum of '$350.00 per month. 2nd. That the Tenant aka]] take good care of the premises and shall, at the Teusnt's own cost and ezpensa mate a]] repairs and at the end or other expiration of the term, sfluil deliver up the demised premises in good order or condition, damages by the elements excepted. 3rg]. That t~e Tenant s~a]l promptly execute and comp]y with all statutes, ordinances, rules, orders, reguiatlons and require- ments of the Federal, State and Local Governments and o! any and ail their Departments and Bureaus applicable to said for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said during said term; and shall also promptly comply witI, and execute all ruins, orders and regulations of the Mew Fork Board of Fire Underwriters, or any other simi]ur body, at tl, e Tenant's own cost and expense. 4th. That the Tenant, successors, heirs, executors or administrators si. all not assign this agreement, or underlet or under- lease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's consent in writing; or occupy, o~ permit or suEer the same to be occupied ~or any business or purpose deemed disreputable or eztra-I~uurdous on account of tlre, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term I~arejn shall im- mediately cease and determine at the option of the Landlord as if it were the expiration of the orlglna] term. ~t~. Tenant must give Landlord prompt notice of ~re, accident, damage or danEerous or defective condition. ~f the Premises can not be used because of lire or other casualty, Tenant is not required to pay rent for the t~me the Premlse~ are unusable. ~ part of the Premises can not be used, Tenant must pay rent for the usable part. Landlord shall bare tl.e right to decide wIdcI, part of the Premises is usable. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land- lord is not responsible for delays due to settling insurance cia]ms, obtaining estimates, labor and supply problems or ImF other cause not fully under Landlord's control. ~f the ~re or other casualty is caused by nn act or neglect of Tenant, Tenant's employees or invitaes, or at tbe time of the lire or casualty Tenant is in default Jn any term of this Lease, then all repairs will be made st Tenant's expense and Tennnt must p~y the full rent wltb no adjustment. The cost of the repairs will be added rent. Landlord ha~ the right to demoIish or rebuild the Building if there is substantial damage by lire or other cusuuit~. Landlord may cancel this Lease witbln 30 d~ys after the substantial ~re or casualty by giving Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end JO days after Landlord's oancallation notice to Tenant. Tenant must daliver the Premises to Landlord on or before tan cancellation date in the notice and pay ali rent due to the date of the lire or casualty. If the Lease is cancelled Landlo~l is not required to repair the Premises or ~uilding. TI, e cancellation does ant release Tenant o£ liability in connection with the lire or casualty. This Section is intended to replace the terms of ~ew Fork RsaI ProperS, Law Section 227. 6tk The sa~d Tenant agrees that the ~a~d Landloxd and the Landlord's agents and other representatives shall have t~ ~igbt · to enter into and upon said premier any pa~t thereo~, at all ~easonable ~o~ the purpose o~ exiling ~e s~e~ p~ tuareg suc~ rep~rs o~ alterations ~in as ma~ be necessary lot the s~et~ and ~e~ation thereof. 7~. ~he Tenant also agrees to permit the ~d]ord or t~e LandJo;d's agents to s~ow the premises to persons wising to ~e or purchase the same; and the Tenet [~ther agrees that on and ~ter the sJzth month, next preceding the expiration o~ t~e term hereb~ ~ranted, the L~dio;d or the L~dlo~d's agents sh~l have the right to place notices on the front of premises, or any pa;t thereof, oEer~n~ the premises "~o Let" or "~o~ Sale'~ and the Tenant ~erebx agrees to permit the same to remain t~e~eon without hind~ce o~ molestation. ~. T~at if the said premises, or any part thereof sh~] be desert~ or ~come vacant during s~d term, or if ~y Ee[ault be made in the payment of t~e s~d ~ent or ~ part thereof, or J[ anp de~a~t be made in t~e per~orm~ce o~ an~ o[ t~e cove- nants herein contained, the Landlord or representatives ma~ re-enter the s~d premises tip iorce, s~m~x proceedings or ot~e~Jse, ~d remove all ~rso~ therefrom, without being liable to prosecutJon there[or, ~d the Tenet herefl? ezpress]? w~ves the service o~ an~ notice in writing oi intention to re.enter, and the Tenant s~] p~ at t~e s~e time ~ the rent becomes pa?abie under the terms hereo[ a s~ eq~va~ent to the ;ent ~eserved Ee~eln, ~d the L~lord map rent the premises on be~i o~ t~e ~enant, rese~Jng the r~ght to ;ent the premises ~or a longer ~Jod of time than fixed in t~e o~JgJn~ lease without releasing the original Tenet ~;om ~ liab~lJtX, app]x~ng ~ moneys collected, ~st to the expe~e o~ rasing or obtaJ~ng possession, second to restoring the premises to a rentable condition, and t~en to the payment o[ t~e ~ent ~d ~] ot~er charges due and to grow d~e to the Land]orE, anp s~p]~ to be p~d to t~e ~enant, w~o sh~] rem~n llable for ~ de~cienc?. 9~. L~d]o~d max rep]ace, at t~e expense o~ ~en~t, ~ ~d ~1 flro~en gla~ ~n ~d ~out t~e demised p~em~ses. ma? J~e, and ~eep in,red, ~] plate Elass ~n the demised premises tot ~d in the ~e of L~diord, BilJs, ~or ~e therelor shall be rendered bX L~dioEd to Tenet at such times as Landlord max ei~t, ~d sh~l be d~ trom, ~d pOabJe b? Tenant when renderS, and t~e ~o~t thereof s~a]l be deemed to be, ~d be p~d as, ~dJtlon~ ~enta]. Damage ~d Jeju~ to t~e saJE premises, caused by t~e carelessness, negligence or improper conduct on t~e p~ of the s~d ~en~t or t~e ~en~t'a agents or emploxees s~l be repaJ~ ~ speedJl~ as possible bX the Tenant at ~e Ten~s own cost end expense. 10~ T~at the Tenet shalJ neither enc~ber nor obstruct the sid~k in [gont o~, en~ce to, or ~]s ~d st~rs of ~d premises, nor ~Iow t~e same to be obstructed or enc~bered in ~ m~ner. ] 1~ ~he ~en~t sh~] neither place, or cause or ~]ow to be placed, ~ sign or signs o~ ~ ~nd wEatso~er at, in or ~out t~e entrance to said premises or any ot~er pa~ of s~e, except Jn or at such place or pJaces ~ ma~ be JndJoated b~ ~e ]ore and consented to b~ t~e Landlord in w~itinE. And Jn case t~e Landlord or the Landlord's representatives sh~] deem it necess~? to remove ~ sucE sJ~n or signs Jn order to p~nt the s~d premises or the b~ldin~ w~ere~n s~e is ~tuated or ma~e anX ot~er rep~s, alterations or improvements Jn or upon s~d pEemJses or b~ldinE o~ anx p~t t~e~eo~, t~e Landlord s~al] have t~e rlg~t to do so, providing the same be removed and replaced at t~e L~d]ord's expense, whenever the said rep~rs, alterations or improvements s~aJl be completed. ]2~. T~at the Landlord is exempt [rom anX and ali liab~i~t~ ~o~ anx damage o~ inj~x to person or propertx ca,ed b~ oE · es~ting ~rom steam, electricity, gas, water, rain, ice or snow, o~ ~ lea~ o~ ~ow ~rom or into an? part of said b~ldi~ or ~rom an? d~age or inj~? resultJn; or arlsJnE from an? ot~er ca~e or ~appe~ng w~atsoever ~]ess s~d damage or injur~ be caused b? or be due to t~e negligence of t~e Land]ord. ]3~. T~at ~ dela~t be made Jnan? of t~e covenants ~e~eJn cont~ned, t~en Jt s~] be ]aw~ [or t~e said C~d]ord to re- enter t~e said premises, and t~e same to ~ave again, re-possess and enjoy. T~e sa~d Tenant ~ereb~ expressl~ waives t~e se~Jce of ~y notJce Jn writing of intention to re.ente~. 14~. ~at t~is instr~ent s~a]] not be a ~Jen against s~d premises in respect to ~ mo~gages t~at are now on o~ t~at here- ~ter ma~ be placed ~ainst s~d premises, and t~at t~e recording o~ suc~ mo~gage or mo~gages s~l ~ave preference ~ precedence and be superior and prior Jn lien of t~Js lease, irrespective o~ t~e date of r~o~d]nE and t~e Tenant ~rees to acute without cost. an~ such instrument w~ic~ may be d~m~ necessary or des~rafl]e to ~urt~er e~ect t~e suborEJnatJon o~ ]ease to an~ such mortgage or mortgages, and a re[usa] to execute such instrument s~a]~ ~tlt~e t~e ~and]o;d, or t~e lord's assigns and ]eg~ representatives to t~e option o/ cancelling th~s ]ease without ~ncurrJng any expense or dam~ and the term herebx granted ~s expressl~ ]~mJted accord~ng]~. ]5~. T~e ~enant fins t~s da? deposited wJt~ t~e L~diord t~e s~ ot ~ ~ sec~Jty [or t~e [~] ~d performance b? t~e ~enant o~ all t~e terms, covenants and condit~o~ o~ t~s ]e~e upon t~e Tenant's pa~ to be pe~ormed, w~cb said sum sS~l be retched to t~e ~enant after t~e t~me Exed as t~e ezpi~a~on o[ t~e term ~ereln, provided t~e Tenet ~as [ul]~ and [a~t~[ul]y ca~rJed out all of sa~d terms, coven~ts and conditions on ~en~t's p~t to be performed. In t~e event of a bona ~de s~e, subject to t~s ]ease, t~e ~and~ord s~] ~ave t~e right to tr~er t~e sec~it? to t~e vendee [or t~e behest o~ t~e Tenant and t~e ~and]ord s~a]~ be considered released by t~e Tenet ~rom ail ]JabiiJt~ for t~e ret~n of suc~ sec~it~; and the ~enant ~rees to ]oo~ to t~e new Landlord so]e]~ ~or t~e return o~ t~e said security, and it is ~re~ t~s s~l app~ to ever~ transfer or assignment made o[ t~e sec~Jt? to a new L~diord. 16~. T~at t~e securlt~ deposited unde~ t~s Ieee s~] not be mo~gaged~ as~gned o~ encumbered b? t~e ~enant wJtEout t~e written consent o~ t~e ] 7~. ~t ~s expressly understood and agreed t~at Jn case t~e demised premises s~all be deserted or vacated, or J[ de[a~t be made ~n t~e payment of t~e rent or any part t~ereo[ as ~ereln spec[Eed, or ~[, without t~e consent o~ t~e ~andJord, t~e ~en~t sha][ sell, assign, or mortgage t~s ]ea~e or J~ de[a~t be made in t~e performance of an~ of t~e covenant~ and agreements ~n t~Js ]ease contained on t~e part o~ t~e Tenant to ~e ~ept and performed, or J~ t~e Tenant s~a]] [a~] to comp]~ w~t~ an~ o~ t~e statutes, ordinances, rules, orders, regulations and requirements of t~e Federal, State and Coca] Governments or of any and t~eJr Departments and ~ureaus, applicable to said premises, or ~[ r~e Tenant s~] Jla or t~ere be ~led against Tenet a petition ~n bankruptcy or arrangement, o~ Tenant be adjudicated a bankrupt or make an assignment ~or tbe behest of creditors or ta~e advantage o/ any insolvency act, t~e ~and]ord may, J[ t~e Canal]oral so elects, at an~ t~me t~erea[ter terminate lease and t~e term ~ereo[, on giving to t~e ~enant Eve days' notice ~n wr~tlnE of t~e ~andiord's intention so to do, and t~Js lease and t~e term ~ereo[ s~al] expJre and come to an end on t~e date Exed ~n suc~ not,ce as ~ t~e sa~d date were tbe date originally ~xed ~n t~Js ]ease for t~e ezpJratJon ~ereo[. Suc~ not,ce may be ~iven b~ mail to t~e Tenant addressed to tSe demised premises. ]8~. Tenant shall pay to ~and]ord t~e rent or c~arge, w~c~ ma~, during t~e demised term, be assessed or imposed [o~ t~e water used or consumed ~n or on t~e sa~d premises, ~et~er determined by meter or ot~erwJse, as soon as and w~en t~e same ma~ be assessed or ~mposed. and will also pa~ t~e expenses for t~e ~ett~ng o~ a water meter Jn tbe said premises s~o~d t~e latter be required. ~enant s~a]] pa~ ~enant's proportionate part o[ t~e sewer rent or c~arEe imposed upon t~e bul]dJng. such rents or charges or expenses s~a]] be pa~d as addition~ rent and s~a]] be added to t~e next month's rent t~erea[ter to become due. ]9~. T~at t~e ~enant wJ]] not nor w~]] t~e Tenant pe~mJt ~de~enants or ot~er persons to do anything in said premises, o~ bring an~in; into sa~d premises, or permit an~t~ng to be brougSt Jnto s~d premises or to be kept t~erein, w~Jc~ wJ]] Jn way increase t~e~ rate o~ ~e instance on s~d demised premises, no~ use t~e demised premises or an~ pa~t t~ereo[, nor sugar or permit t~elr ~e ~or an~ business or p~pose w~ic~ wouM ca~e an increase in t~e rate o~ ~e insurance on said ~d tbe ~enant a~rees to pa~ on dem~d an? suc~ increase. 2~. T~e l~]ure o~ t~e ~and]ord to ~ns~st upon a strJct performance o[ an~ o[ tee terms, cond~tlons and covenants ~erein, s~a]] not be deemed a waiver of any rights or ~emedJes t~at t~e Landlord ma~ ~e, ~d s~] not be deemed a w~ver of subsequent breac~ or de[a~t in t~e terms, conditions and covenants ~ereJn cont~ned. ~s i~trment ma~ not be c~anged, modi~ed, dlsc~arged or terminated 21~ ~ the w~o]e or an? part o~ t~e demised premises s~a]] be acquired or condemned b~ Eminent Domain ~or an~ public or quas~ public use or purpose, t~en and Jn t~at event, t~e term of t~s ]ease s~al] cease and terminate [rom tSe date of vesting Jn suc~ proceeding and Tenant s~] ~ave no cialm against Landlord for tbe value of an~ unexpJred term of sa~d lease. ~o p~t of any award s~a]] belong to t~e Tenant. ~;~o IJ a~ter default in payme~ rent or violation oJ any other provision ~h~a Ieee, o; upon tee expiration o~ Ieee, t~e Tenet moves out or ;~ossessed and ~a;]s to :emote any trade ~es or ot~er p~opert~ pno~ to suc~ ~e~a~t, ;e=ovai, ezplrat~on o~ ieee, o; p;~o; to t~e issuance of t~e ~=ai order or execution of t~e ~a;;aut, t~eu and ~n t~t event, t~e s~d ~t~es ~d property s~] be deemed ab~doued by the s~d ~enant ~d shah become the p;ope;ty of the L~lord. 23rd. In t~e event that the re]ation o~ ~e Landlord and Tenant may cease or terminate by reason o~ t~e re-entry o~ Landlord ~der tile terms and covenants cont~ned in this lease or b~ the ejectment o[ t~e Tenant b~ s~m~y proceedings ot~e~ise, o~ ~ter t~e abandonment of t~e premises by ~e Tenant, it is ~ereb~ ~reed t~at t~e Tenant s~ai] rem~n li~]e ~d s~a]] pa? Jn mont~]~ payments t~e rent w~*c~ accrues subsequent to t~e re-entr? b~ t~e ~andJo~d, and t~e ~enant ezpre~? agrees to pa? as damages ~or t~e b~eac~ o~ t~e covenants ~ere~n contained, t~e dJEerence between t~e rent rescued and t~e rent collected and received, J[ ~, b? t~e ~d]ord during t~e remainder o~ t~e ~ezplred term, suc~ d~Eerence or de~cJenc~ between t~e rent ~erain reserved and the rent collected H an?, s~al] become due and payable in monthly payments d~in~ t~e remaYnder o[ t~e unexpired term, as tbe amounts o~ suc~ d~Eerence o~ de~ciency sh~] [rom time to t~me be ascertained; and Jt Js mutua]]~ aEreed between Cand]ord and ~enant t~at t~e respective parties ~ereto s~] and ~e~eb~ do w~ve trlai b~ Jn any action, proceeding or counterclaim broug~t b~ eJt~er o[ tile parties against t~e ot~er on an~ matters w~at;oever arising out o[ o~ Jn an? wa~ connected wit~ t~s lease, t~e ~enant's use or occup~c~ o[ s~d premises, and/or ~ c~m o[ or damaEe. 24~. T~e ~enant waJves ail r~s to redeem under any law o[ t~e State o[ New 25~. T~is ]ease and t~e obHgatlon o~ Tenant to pa? rent ~ereunder and perform ali o[ t~e ot~e~ covenants and agree- ments ~ere~der on part o[ Tenant to be performed s~] in nowise be affected, impaired or exceed because ~and]o~ unable to suppl~ or Js delayed Jn supplying an~ se~ice expzess]~ or ~mpHed]y to be suppHed or is ~able to ma}e, or de]a~ed ~n ma~'ng ~? rep~;s, additions, alterations or deco~at~ons or Js ~ab]e to supp]~ or is deiced in suppl?ing eq~pment or Ext~es J~ ~and]o~d is prevented or delayed [rom so doing b~ reason o~ Eover~ent~ preemption in connec- tion w~t~ a ~at~on~ ~merge~cy or ~n connection w~t~ an~ rule, order or regulation o[ an~ department or subdlvJsion t~ereo[ o[ an~ governmental agency o~ b~ reason o[ t~e condJtJon o[ supp]~ and demand w~c~ have been o; ~e aEected b~ w~ ot~e; emer~enc~. ~6~. No diminution or abatement o[ rent, or ot~er compensation, s~ai] be cI~med or ~lowed for JnconvenJence or d~scom- ~ort arising [rom t~e makin~ o[ rep~rs or ~mprovements to t~e b~ld~ng or to its appliances, nor for an~ space taken to comp]? wJt~ an~ law, ordinance or order o[ a governmental authority. ~n respect to t~e va;Jous "se~ces," J[ an~, ~erain expres~? or ~mpHed]~ agreed to be [urnYs~ed b~ t~e ~and]ord to t~e Tenant, ~t ~s aEreed t~at t~ere s~aH be no diminution or abatement o[ t~e rent, or an~ ot~e; compensation, ~or ~nterrupt~on or curtaJ]ment o~ such "se~Jce" w~en suc~ interruption or c~t~]me~t s~aH be due to accident, aite;aHons or repairs desirable o~ necessary to be made or to ~nabH~t~ or di~cu]t? ~n sec~ng supplies or ~abor [or t~e maintenance o[ suc~ "service" or to some ot~e~ cause, not gross negligence on t~e part o[ t~e ~and]o~d. such interruption o~ curtailment o[ any suc~ "service" s~] be deemed a constructive eviction. ~e Candiord s~ai] not be req~;ed to ~urnJs~, and t~e ~enant s~aH not be entitled to receive, an~ o~ suc~ "services' durJnE ~ per~od w~erain t~e ·enant s~a]] be in default ~n respect to t~e payment o[ rent. Ne~t~er s~ai] t~e~e be an~ abatement or diminution of rent because of making o[ repots, improvements or decorations to t~e de~sed premises after the date above fixed for t~e commencement o[ t~e term, Jt being understood t~at rent s~a]], ~n an~ event, commence to run at suc~ date so above 27~. ~andlo;d s~ai] not be liable for failure to give possession o[ t~e premises upon commencement date by reason o[ t~e fact t~at premJses are not ready for occupancy or because a prior ~enant or any ot~er person ~s w~ong[ul]y ~o]d~ng over is in wrong[~ possession, or for any ot~e~ ~eason. ~e rent s~a]] not commence unt# possession is given or Js available, but t~e te;m ~ereJn s~] not be extended. And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants ~oresald, shah and may peacefully and quietly have, hold and enjoy the said demised premises for the term a~oresa~d, pro- ~nb it iS mutual[~ u.~r[s~.b anb a~rr~ t~at t~e covenants and agreements contained in t~e witch sb~] be bindlnE upon t~e pa~es ~e~eto ~d upon t~air re~pectlve successors. ~eirs, executors a~ admi~strato~,. ]~ ~ ~8~O[, t~e part~es Save interc~anEeab]y set t~eJr ~ands ~d se~s (or ca,ed t~ese p~esents to signed b~ t~eJr prope~ corporate o~cers and caused t~eJr prope~ corporate seal to be ~ereto ~xed) t~s d~o~ June 19 92 Signed, se~ed and delivered in the presence of TTITUCK AUTO CENTER, I~C. By: n.$, tbtate of .~eb2 ~k, } ~.: Cout~t~ of On the day of bet'ore me perso=ally came tO me known and known to me to be the individual described in, and who executed, the foregoing instrument, and acknowledged to me that he executed the s~me. ~bmte o! ~etu ~o~, Comtt~ of ss.: On the day of to me known, who, being by me duly ~rorn, did depose and say that he resides at o! the corporation mentioned in, ~nd wlqch executed, the toregoing instrument; that he knows the seal of said corpora. tiou; that the seal ~zed to sa~d instrument is such corporate seal; that it was so s~zed by order of the Board o[ o{ s~d corporstton; and that de slgued h name thereto 47 llke order. .in Consiberfltion o[ the leffJng of the premises within mentioned to CAe wJtMn named ~enant and the ~1.~ p~d to t~e undersigned b~ t~e wJt~n named Landlord, t~e undersigned do ~ ~ereb~ covenant and agree, to and wJt~ t~e Landlord and t~e Landlord's ]egal representatives, t~at Jf default s~all at an~ time be made b~ tSe ~aJd ~enant Jn t~e payment of tbe rent and tSe performance of tbe covenant~ contaJned Jn t~e wJt~Jn lease, on t~e ~enant's part to be paJE and performed, tsar t~e unde~sJEned wJ]] wel] and tru]~ pa~ t~e saJd rent, or an~ arrears t~ereof, tbat main due ~to tbe saJd ~andJord, a~d a]~o pa~ nj] damaEes t~at ma~ arise Jn consequence of t~e non-pe~Jormance covenant~, o~ eJtbe~ of t~em, without ~eq~rJnE notice of an~ suc~ defa~t ~rom t~e said Land]ord. T~e ~de~sJgned ~ereb~ waives aZ] IJgSt to trJ~ b~ jur~ Jn an~ action or proceedJnE ~e~eJn~ter JnstJt~ed ~ t~e ~andlord, to w~Jc~ t~e undersigned ma~ be a p~. August 20, 1992 TO: ZBA (Jerry, Serge, Jim, From: Linda ~ Re: Goodale at Mattituck and Bob) Attached is a sketch showing the proposed changes in the parking layout and providing the calculations for customer parking, employee parking, transition area for used vehicles, car display area for sales purposes, etc. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD September 10, 1992 (7:30 p.m. Present : HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA Hearing) LINDA KOWALSKI, Secretary-Clerk to Board · 9/Z0/'~2 35 8:35 p.m. APPLICATION NO. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC.(Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales establishment;(b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN:. This hearing is in behalf of Richard Goodale. It is a hearing which has been continuing and Mr. McLaughlin is here straight from Channel 25. I had seen him this afternoon . .It is nice to have public figures here. Is there something you would like to add to this hearing, Mr. McLaughlin? Appearance: J. Kevin McLaughlin, Esq., for the Applicant. MR. MCLAUGHLIN: Not really. I believe we have supplied you with everything you requested in the. way of some additions to the sketch site plan showing the parking for automobiles that may be on site, not for sale but merely taken in as trades and to be removed for the next available auction, 9/10/92 36 taken off site and sold somewhere else. And I have supplied the Town Attorney with a copy of a rather substantial brochure from the electric power franchise down in Florida which I believe he has reviewed and has made available to the Board. I believe that we have provided, with everything we have given to the Board so far, proof as to all of the elements necessary for a special exception under 100-10lB(12) and I am here basically to answer any questions that you may have. THE CHAIRMAN: Well, we are still discussing this with the Town Attorney in reference to its adequacy, and that is the' only concern I have at this particular point. I have really no other concerns, other than the fact that there are probably too many cars there for sale at this time, and any decision from this Board may limit the amount of cars that are actually to be used for display. I am~not trying to put you in a positive or negative mode in reference to your considerations here. You may see something more than a permanent decision from this Board, and it depends basically on how we still to determine this franchise and how it is to exist. And that is all I can really tell you. You can try and pump me for information, but we are still discussing it, and I am in no way trying to hold back anything from you. MR. MCLAUGHLIN: I have attempted and I have at a very limited opportunity spoken with the Town Attorney. THE CHAIRMAN: Only to the point that I think in months to come it would behoove you and your applicant -- you as the agent for the applicant, and the applicant-- to discuss some ~'9/10~2 37 modification to the Southold Town Code concerning this particular problem that exists here; and that is the requirement of a new car franchise; and that may be a possibility. I don't know how-- MR. MCLAUGHLIN: It could be but I haven't received any enthusiastic support so far. THE CHAIRMAN: At the time of voting on that, it was a different Town Board. There are different people on the Board at this time. That's all I can tell you at this point. But based upon the criteria that we have, I am not ready to vote and, again I use the word "unkind"-- It would be unkind of me to have you leave this hearing with your applicant and the architect for the applicant and tell you that we are ready to vote on a permanent special permit because it ain't going to happen unfortunately, at this point, based on the information that we have. MR. MCLAUGHLIN: See, that is what my problem is because no one is telling me what additional information they would like to see. We would be happy to disclose anything and everything that we have available to us but to the best of my knowledge, we have given you everything that you have requested, and I don't know what further steps to take because I am not getting any feedback in particular --and I don't mean this in a critical way-- but I am just not getting any feedback either from the Town Attorney or from this Board as to what it is that they are interested in seeing that they don't have. 9/10/92 38 THE CHAIRMAN: Right. Well, I think in particular, in looking at the normal criteria, of this corporation, I think personally you could send any car down to them and they would produce a (one word indistinguishable) car. It doesn't have to be a new car. It doesn't have to be -- there are outfits in Florida that make a convertible out of a hard top. It will put fiberglass fenders on a VW and make it look like a Benton, all right. That doesn't change the physical characteristic of the car. The car at the time that it was given to them was a used car, right? And that is the basic problem that we have under this situation --that I have-- I am not speaking for the other Board members. This issue has not necessarily only been raised by me because I cannot take full responsibility for this; and I am telling you pointblank that is my opinion on the whole situation; go ahead -- MR. MCLAUGHLIN: I had, again, a very limited chance to speak to the Town Attorney about this. His first reaction after he got this brochure we had given him was this is just a conversion kit; and I said No, if you look carefully at the brochure, there are two things that this company does. One is Yes, what you just said: They will take an existing used car and convert it into an electric car from a gasoline car. But they will also provide brand-new electric cars, and that is what we intend to utilize the franchise to do, sell new electric cars. MEMBER VILLA: Ask him, who is the manufacturer of the new electric cars that you would be doing business with? . 9/10/~2 39 THE CHAIRMAN: They could be any manufacturer. I don't care. It could be Ford, Chrysler, GM, whatever. MEMBER VILLA: The question I was asking: Who is the manufacturer of the new electric cars that you would be doing business with? You haven't got anybody yet. You don't show a manufacturer of a new electric car. MR. MCLAUGHLIN: Yes, yes, they do. From this brochure I just gave you a copy. THE CHAIRMAN: Now, without letting the cat out of the bag, totally, all right, as I told you, we are not going to give you a permanent license --you know, permanent special permit at this point. At this point I think we should let it go. We will render our decision, all right, and we are going to see you back in the future, and you are going to show us and tell us what you did, and that is the end of it. MR. MCLAUGHLIN: Again, I don't mean to be critical, but I don't understand what it is that the Board is not helpful. I understand you are telling me we are not going to get a special exception, a permanent special exception; but I don't understand what you mean, you are going to see us back here in front of this Board again. Again, if there is something that you are looking for, we are not playing our cards close to our chests here. We are trying to provide you with whatever we can which you can make an enlightened decision upon. Whatever that may be. But to tell me we are going to get a decision that is going to require us to come back and give you some future proof somewhere down the line --I just don't understand why you 9/10/92 40 don't tell me what it is you want now so that we can begin to try to compile that information for you if it is available. MEMBER VILLA: Sales of solar cars. MR. MCLAUGHLIN: You want us to come to you and tell you we have already sold solar cars? THE CHAIRMAN: New cars. MR. MCLAUGHLIN: New solar cars. I would respectfully submit to this Board that nobody required that of any other car dealer around here, and I think that --while I don"t' have any particular problem with providing you with proof of that-- I think it is a burden being put on an electric car franchise that isn't put on any other car franchise here. THE CHAIRMAN: That is why I said to you, Kevin, it would make sense to me -- MR. MCLAUGHLIN: Sorry I didn't hear you. MEMBER VILLA: I said any other franchise is a bona fide franchise. I mean if you go to a franchise for Ford or Chrysler, they don't give out those got to put up performance standards, have to buy these kind of things. things willynilly. You have and, actually, you almost MR. MCLAUGHLIN: There is no question, it is extremely expensive to open up a car agency, a regular Ford franchise or whatever. MEMBER VILLA: Okay, and the last one they had, the car agency complied with all the rules and regulations, et cetera, setbacks and everything else. MR. MCLAUGHLIN: Plus they built a big building. , '9/107~2 41 THE CHAIRMAN: But that is not my point. My point is that, although we have no specific criteria for the establishment of a new car franchise, we are used to new car franchises the way we know a new car franchise is, and that is basically what Bob just mentioned, right? There may be some other avenue that you may investigate'in the near future that may be more advantageous to you to prove to us there is a possibility that this may exist, all right. At this point it is not tangible to me. I can't see it, I can't feel it, I can't touch it, and you cannot show me revenue, dollars-and-cents proof for anything that this particular business is going.to fly. MR. MCLAUGHLIN: No one else did that ahead of time THE CHAIRMAN: Even if they opened and closed the doors and a new car was brought in, one new Mustang in Lucas Ford, okay, then we would know that they had one new Mustang to sell and they must have gotten it from Ford Motor Company, and that was basically the situation. MR. MCLAUGHLIN: Are you telling me if we had one electric car on the lot for sale, that would suffice? THE CHAIRMAN: No, I am saying that at least we would be able to see it; we would be able to touch it; we would be able to feel it; we would be able to drive it if we wanted to, if we sent somebody down there. MR. MCLAUGHLIN: The problem with that is, it is like asking Lucas Ford to stock his showroom before he gets permission from the Town Hall for all the requisite'permits in order to operate. What sense does it make for us to bring an 9/10/92 42 electric car up here now when we don't have the requisite permits from the Board? THE CLERK: First time it has been done on Long Island, right? Is there anywhere on Long Island that has it? THE CHAIRMAN: Does anybody else sell them, Kevin? THE CLERK: 'On Long Island?' MR. MCLAUGHLIN: I don't know. Do you know, does anybody else sell them on Long Island? MEMBER VILLA: To use another argument, you have got all those used cars sitting there without a permit. So what is the difference? You can spend a lot of money, bringing in all these other cars, and you are in violation of the Town code, but you are doing it anyway. MR. MCLAUGHLIN: Well, we have (two words inaudible) have done that, and we have come to an arrangement with the Town concerning that violation. THE CHAIRMAN: That was when you had gotten cited for it in the Justice of the Peace Court right and had a $75 fine, how much? MR. MCLAUGHLIN: $775. And the Town Attorney and myself negotiated an arrangement as to how to continue. So my -- while technically there may be a Violation, there is an agreement as to the operation of this business. THE CHAIRMAN: What I am saying to you is I could have just said to you: Thank you for coming. There is no additional information. I am still saying we are having a problem, okay. .. 9/10/¥2 43 MR. MCLAUGHLIN: I understand the problem; I just would like to be able to say, if you ask me to do something, I will attempt to do it. THE CHAIRMAN: I want to be honest with you. I know, Rick; I don't want to shut you guys down. I would rather not do that, okay. I mean and that is basically the situation, so we are going to wait and see what happens here. THE CLERK: Where are they selling these cars. Maybe we could go there and find out from the company more about it. THE APPLICANT: Florida. THE CLERK: Florida is the only place they are selling them, nowhere in the State of New York? THE CHAIRMAN: He said he doesn't know MEMBER VILLA: They provide conversion kits. MR. MCLAUGHLIN: He indicates they are selling them in Connecticut somewhere. THE CLERK: Are they allowed in New York? THE APPLICANT: Sure. MR. MCLAUGHLIN: There are certain limitations in the technology of electric vehicles that don't make them appeal to everyone these days. THE CHAIRMAN: Well, that is basically where we are at this point, Kevin, and in any case you know, I am just telling you that is what we discussed and where we are, and it is not going to have in the short run in my opinion based on a decision that we are going to render, a real negative effect upon your client. 9/10/92 44 MR. MCLAUGHLIN: So there will be a decision rendered? THE CHAIRMAN: Yes. And we just ask that you keep all the avenues open so that we can come to some agreement here eventually. As for the variance on the buffer, we are going to hold that in abeyance, and we will see what happens. THE CLERK: Tell him why you are holding it in abeyance, so that he doesn't have to go through a whole site-plan process. THE CHAIRMAN: You are not going to be required to do a site plan process, in my opinion, until such time as you can prove to us that these things exist. Certainly I can be taken on the carpet for this by the Planning Board; there is no doubt in my mind. The minute they read ~hese minutes,' I am sure I'll get a call from the Chairman, there is no question of that. If you don't have a permanent special permit from this Board, you certainly are not going to invest, Rich said, $30,000 they. wanted? That is what the site plan cost? So that is basically the situation, okay. And let's come to the realization, let's get it done, let's see what we can do, and I think you should keep the avenue open, the possibility of a modification on the existing requirement of having a new car license. MR. MCLAUGHLIN: I will be happy to go back to members of the Board and see whether or not they are more receptive --That avenue was explored, quite frankly. THE CHAIRMAN: You spoke to the Chairman of the Legislative Committee about this? . , 9/10f~2 45 MR. MCLAUGHLIN: I spoke with a couple of members of the Town Board who could not enthusiastically endorse that idea. THE CHAIRMAN: Okay. You know, then we just have to go on the other avenue. When it comes up here, we will go see it and that is basically it, and, you know, go from there. That is the best I can do for you at this point. Mr. Doyen, in the interim is going to call the Solar Car Corporation, all right? MEMBER DOYEN: They have received some national attention from the media, this company. MR. MCLAUGHLIN: I don't think that there is much question that this is the technology of the future. MEMBER DOYEN: But the future is not quite here. But it is getting there. MR. MCLAUGHLIN: Well, like the Model T. MR. DINIZIO: .Well, you can't have the future without the past. You have to live by that. MEMBER DOYEN: Kevin, I would just like to know and, if you can, please be honest: What is your intention --if we grant this-- what car is your intention to put out there? MR. MCLAUGHLIN: We will do whatever we have to do. We will buy and put there a brand new car. We will sell as many new solar cars as the public will buy, and we will make money at it. We will be happy to sell. MEMBER DOYEN: (PHRASE inaudible) to put a Ford Festiva out there on the thing that we approved as far as being 3 feet away from the road. Is that your intention right now to do that? 9/10/92 46 To go buy this electric car, Ford Festiva or Caravan, whatever it might be-- and display it on that lot; and, whether you sell it or not is not really relevant, in my mind. A person who sells things is not a seller until someone buys something. If you purchase something and try to sell it, it is the same thing, you are trying to sell it; and I understand that. Do you intend to buy one of these cars, put it on that lot for sale? MR. MCLAUGHLIN: I can only speak for price myself. If it was me and I was there, my answer would be "Only if you make me." Because I wouldn't invest the money if I didn't have to. If I could sell it out of the brochure, I'd sell it out of the brochure and not have to pay the floor-room finance. THE CHAIRMAN: We could care less if it ever shows up in Mattituck. The question is, is it going to be sold, is it going to happen? Is the franchise (indistinguishable due to multiple voices). MR. MCLAUGHLIN: I can tell you what I would do. THE CHAIRMAN: Well, I would like to know what the applicant would do. I think it bears a lot --if you are telling me to interpret this as a new car dealership in the sense that the code was written, okay - and you have people on the code committee saying 'no used-car dealerships without new car dealerships' --That is what they are saying-- now I am having them think of Campbells in Greenport, Lucas Ford now, Mullen Motors, in their mind as new car dealerships, maybe they have fifteen or twenty new cars. Well, I don't care if it is · 9/10~2 47 one new car; I don't care if it's from Russia, where --It doesn't make any difference; but in the sense that the code was written, which is we can't usurp that code. We can interpret it somewhat, but I still think you have to interpret it somewhat sensibly; and the reason why I am asking for your intention is because it means a lot. It seems like this whole situation has gone inches at a time. It has never taken big steps. It has always been you want four spaces, they want ten spaces, that. Now we need places to park the used cars. We always have to find these things out, instead of a set plan coming in, okay, this is a workable site plan. This is what you need for a used car dealership. You got to have spaces for people who trade in cars, got to have enough room here to turn them, and things such as that. I thought that the idea of an electric car dealership was a great idea. Okay, I will leave it at that, but if your intention --and I don't hear it from anybody-- is not to actually display the new car in the sense of what I am thinking the new car dealership is, then I don't know how this flies, even temporarily. MEMBER DOYEN: The question I had before when I was asking, do you have a bona fide agreement with these people that you are bound to have these immediately, or (inaudible) with a new automobile? MR. MCLAUGHLIN: I believe so, yes. We have an agreement. 9/10/92 48 MEMBER DOYEN: There is no question, that there is no backing out on their part? They don't like you, do you have a binding contract? MR. MCLAUGHLIN: No more than any other franchise. I mean, if they are not satisfied and I don't mean to pick out Lucas Ford, but if he doesn't sell enough cars, they are going to pull their dealership from him. MEMBER DOYEN: I mean even to sign off with. Not down the road. You are not a new car dealer if you don't have one of these cars. So if they back out, where are you? You don't have a new franchise. THE CHAIRMAN: It is not even a franchise-type deal because you or I could go to them and get the same agreement as an individual, they would sell us a new car. MR. MCLAUGHLIN: That is not true. We have an exclusive area in which to sell. I am not saying you couldn't go down there personally. car from them. THE CHAIRMAN: You can possibly go to Ford and buy a He is saying they have a specific geographic location. When Jimmy Dinizio (Member) referred to Campbells, Lucas is an offshoot of Campbells. Campbells used to be a Ford dealership in Greenport, so basically when they closed and extinguished their franchise, it was then that Ford relocated and Lucas came out here and reinstituted that franchise. MEMBER DOYEN: Put it another way. The ordinance requires a new car franchise to sell used cars, right? MR. MCLAUGHLIN: New car dealership. MR. DOYEN: So you this out and the company doesn't like you anymore, and so you decide you haven't got the franchise, and then where is your used car business? What we are trying to satisfy is you got a viable, going new dealership so we don't have problems down the road. MR. MCLAUGHLIN: I appreciate that and everything that I have looked into with this indicates to me that this is a viable concern that is-- MEMBER DOYEN: __going to stand up in the long run. MR. MCLAUGHLIN: Well, I don't know. MEMBER DOYEN: I don't know either (overlapping voices). MR. MCLAUGHLIN: I would agree that if we don't have products to sell of the.new car variety, we are not a new car dealership. MEMBER DOYEN: We are just trying to make sure you have a real bona fide new car dealership. MR. MCLAUGHLIN: I appreciate that and, believe me, I understand that this is not the typical dealership that was contemplated under the code when it was adopted; and it is not the typical franchise agreement that you are going to find with a Ford, Chrysler or anybody else. THE CHAIRMAN: The other concern that we have conceivably is the fact that when we use the word secondary and incidental in the way of accessory structures, okay, we are using the word secondary and incidental in this particular 9/10/92 5O manner to mean that the primary use of this particular business is to sell used cars, is it not? THE CLERK: New cars or used cars? MR. MCLAUGHLIN: The primary purpose of this is to sell automobiles and make money. Whether they be new or used. Now I am not going to stand here before you and tell you, say, you've got ten used cars on the lot and one new electric car -- I am not going to tell you that I think in the first month the new oar sales are going to surpass the sales of used vehicles. I would think that would be extraordinary. THE CHAIRMAN: No, what I am saying is that normally what we are used to seeing is --and correct me if I am wrong-- In a new car dealership that 80 per cent of the cars on the floor plan or on the floor, be it inside or outside, are new cars; and 20 per cent or 10 per cent are used cars. In this particular case we have a reverse situation. MR. MCLAUGHLIN: Although my understanding --and I am no expert-- It is just what I have been told by the applicant basically is that on the average, a new car, a regular new car dealership, their sales are approximately one-third new car, one-third used car, and one-third service. So if we are talking about a new car dealership with the sale of used cars incidental to that, I don't know what the definition would be --It certainly can't be just profit because probably none of them would get more than 50 per cent of their profits out of the sale of ne~ cars. 9/10/92 51 THE CHAIRMAN: Although the service is primarily related to the new car issue, based upon the fact that people would want to p~obably keep their new cars in better shape than their used cars. MR. MCLAUGHLIN: What was the rationale on the new dealership (inaudible)? THE CHAIRMAN: I didn't write the Code, sir. Because in years gone by there must have been a significant amount --The service of the cars is not outside; is that correct? MR. MCLAUGHLIN: There will be no on-site service of these cars. THE CHAIRMAN: Of any cars? MR. MCLAUGHLIN: No. THE CHAIRMAN: The greatest amount of work on these ~ars that exist now, regardless of whether they are new or used, --when I say new, I mean within the same calendar year, regardless if they have 800 miles on them or 80,000 miles on them, is that they are cleaned and polished in the lower half of the accessory structure in the back? MR. MCLAUGHLIN: I believe that is correct. THE CHAIRMAN: There are no points, plugs, condensers, oil changes or anything of that nature? MR. MCLAUGHLIN: That is all done outside by somebody else, right? MEMBER VILLA: Other than emergency? THE CLERK: Emergency what. 9/~0/92 52 THE CHAIRMAN: If they have to jump in and change a battery or whatever the case might be. Okay, so that is basically where we are, and sorry to take everybody's so much time, but this is what we had to tell you. MR. MCLAUGHLIN: I appreciate the fact. THE CHAIRMAN: There is no other way I can tell you. Anybody else who would like to speak in favor? Against? Seeing no signs, I make a motion to close the hearing and reserving decision until later. ~~X~K~'X~ 1050 Youngs Ave., PO Box 1210 ~Q~X Southold, New York 11971 765-6085 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road Southold, New York 11071 July 29, RE: APPL. NOS. 4120 and 4119SE - Goodale/Mattituck Auto Gentlemen: July Corporation is 32935. Pursuant to the request contained in your letter to me dated 27, 1992, please be advised that the address for Solar Car 1300 Lake Washington Road, Melbourne, Florida Very HARVEY A. ARNOFF Town Attorney MA'rFHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: DATE: Gerard P. Coehringer, Chairman, Zoni~::~--I~oard of Appeals Harvey A. Arnoff, Town At~t~JJ~ August 24, 1992 RE: William C. Coodale In reference to the letter from J. Kevin McLaughlin dated August 12. 1992. kindly give me a call to discuss how the Board intends to handle this matter. Additionally, I am still awaiting a meeting with you to discuss the Goodale application especially in light to the brochure which I forwarded to you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: DATE: "SUBJECT: Harvey A. Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Jerry Goehringer, ZBA Chairman August 18, 1992 Proposed Covenants Pertaining To Area Variance Only Matter of William C. Goodale at Mattituck Please find attached covenants drafted by J. Kevin McLaughlin, Esq. with reference to Goodale Appl. No. 4092. These covenants pertain to the area variance determination for the lot size and the limiting of the number of principal uses to a maximum of two, only as permitted and provided in.the zoning code or, of course, by Special Exception from the Board of Appeals in the General "B" Zone District). Also attached is a copy of the April 1992 determination for your reference as may be needed, together with a copy of the Board's resolution extending the time for up to an additional 90 days in which to file the covenants. Please advise of your suggestions or recommendations at this stage. Thank you. .GG:lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. .~ames DinizJo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF ~SOUTHOLD SCO'I'r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 19, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4092 - William C. Goodale Dear Mr. McLaughlin: (Area Variance) This will confirm that the Board took the following action at our August 18, 1992 public meeting with regard to your August 5, 1992 letter requesting an extension of time under the above appeal: Oa motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT an extension of time under Appl. No. 4092 in the Matter of William C. Goodale for an additional period of 90 days. This resolution was duly adopted. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Town Attorney's Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L, HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Harvey A. Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney 'Jerry Goehringer, ZBA Chairman August 18, 1992 Evaluation of Goodale - New Car Dealership, etc. Please accept this as a reminder that the Board Members await .your written evaluation concerning the legalities in the above matter. We are re-calendaring this matter for the early September meeting, unless you expect that additional time should be necessary for your evaluation. Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 27, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. Nos. 4120 and 4119SE - Goodale/Mattituck Auto Center Dear Mr. McLaughlin: Please find attached a copy of communications dated July 24, 1992 from the Town Planning Board which has been made a part of the above-noted files. You should feel free to response to the points of concern. Also, it is noted that the business address of Solar Car Corporation has not been furnished as part of the new electric car agreement and ask that you furnish it for the record. Very truly yours, GERARD P. CHAIRMAN GOEHRINGER Enclosure Fax Transmission also to 765-1356 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Ro, ad P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: From: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr. Chairman '~~t~ William Goodale and Mattituck Auto Center, Inc. Route 25, Laurel SCTM# 1000-122-6-30.1 ZBA Appl. No. 4120 Date: July 24, 1992 This is in response to your memorandum of July 14, 1992, requesting the Planning Board's comments on this appeal. The Planning Board is opposed to the requested variance from the zoning ordinance for relief from the twenty five (25) foot front yard landscaping provision of the Code. This site is in the entrance "corridor" of the Mattituck Business District and the Town, It has been identified_as an area in need of visual improvement and upgrading. Both business neighbors, the Suffolk Times to the east and the Shopping Plaza to the west have front yard landscaped areas of 25' or more. In addition to the above noted sites,the following nearby businesses have also followed or exceeded this standard: North Fork Bankcorporation, 40' Stype Insurance Company (proposed), 35' Silkworth and Brisotti, 40' McDonalds (proposed), 140' We are aware that this proposal involves adapting an existing site to a new use. However, the nature of the new use should not dictate site design in violation of the zoning code. The last site plan for a new automobile dealership that was approved by this Board was Lucas Ford where setbacks of 145' for the building and 60' for front yard landscaping were observed. Here, the lot is of sufficient size to permit outside storage and display of cars without reducing the front yard setback of 25'. Finally, we note that the business certificate from the State for the new and used car dealership expires in five months, (December 1992). Further, the dealership agreement between the Solar Car Corporation and the Mattituck Auto Center leaves unanswered the main question, which is, "Does this new car dealership constitute a primary use? The agreement does not indicate the number of solar cars that must be displayed or sold. The Zoning Code says that there must be a primary use of a new car dealership in order for there to be an accessory use of used car sales. Presumably this means that the new car business is the principal.business relative to the used car business in terms of dollars in sales and volume. The evidence in your file as of this date does not show the new car dealership to be a primary use. PAGE 41 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 APPEAL # 4120 Applicant(s): William Goodale and Mattituck Auto Center, Inc. Location of Property: 7655 NYS Route 25, Laurel, NY County Tax Map No.: 1000-122-6-30.1 (Previously 30) The Chairman opened the Hearing at 9:42 p.m. and read the Legal Notice and Application for the record. CHAIRMAN GOEHRINGER: I guess we will address that issue first. have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. And I will take the site plan out of the other application to address this particular issue. And I assume that Mr. Strang is dealing with this? I am sorry Kevin, go ahead. I MR. KEVIN McLAUGHLIN: First of all my' name is Kevin McLaughlin and I am here on behalf of the applicant. I would like to hand off a letter with some exhibits, it's in response to the letter that was delivered to this Board from the Planning Board and have enough copies for everyone. I apologize it's getting here at this late date, but I didn't get a copy of the Planning Board letter until a couple of days ago. Part of what that letter is goes to the area variance part of it goes to the Special Exception. Basically, what we have here is, what we hope to use the property for is a new car sales and in conjunction with that used car sales on the lot. And the Zoning Code requires a twenty-five (25) foot vegetative buffer zone in the front yard area. The problem with that for us is if you require us to put that twenty-five (25) foot vegetative buffer in, we cannot park any cars along the front of the building. If we cannot park any cars along the front of the building, I submit to you that we are not going to sell any cars whatsoever. Mr. Goodale here, he will talk to the Board about his experience in the car sale business and in particularly his experience on this lot when there was a time when his ears were back away from being put out front, where nobody could see them. We're here before you today, your relief valve, we are looking for some relief. We have gone subsequent to the last time we were here, we had gone to the Planning Board and discussed with them the possibility of some modification of this twenty-five (25) foot buffer area. Exhibit "2" of my letter to you, the third page of Exhibit "2" contains a sketch that shows some saw-toothed parking, four parking spots in the front of the building. And the two pages before that on Exhibit "2" are the cover letter from the Planning Board to me and this is a submittal from them to me indicating initially what they wanted to see. In response to that, we sent them Exhibit "3", which is our sketch of the property and the parking we were hoping to be able to have in the buffer area in front. In response to Exhibit "3", we got Exhibit "4" back and the third page of that contains their final decision as to what the property should look like, which is a fuli twenty-five (25) foot buffer. And in fact, what they indicated to us at a sit down work PAGE 42 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. McLAUGHLIN (con't.):session was, they in fact had never sent us Exhibit "2" or never had authorized that to have been sent. If you look at Exhibit "2", it provides less than the setback that we provide in Exhibit "3". It does provide for less total number of parking spaces but even with the saw-toothed configuration, even at its widest point, we are talking of perhaps five (5) feet setback from the property line. Our Exhibit "3" provides for five (5) foot vegetative buffer within our property line, but in addition to that and Mr. Strang will be talking about that in more detail. Between our property line and where the extension of the curb from the Suffolk Times building next door, there is an additional thirteen (13) feet of space there between our property line and where the street would actually be. So under that scenario, we would be talking about cars being no closer than eighteen (18) feet to the road. We had numerous discussions with the Planning Board about incorporating that all into the configuration. And, again, what we finally got from them was the final Exhibit on my letter to you, which indicates in addition to that thirteen (13) feet, they wanted another twenty-five (25) feet. Which would put our cars basically forty (40) feet, at best would put our cars forty (40) feet off the road and I believe Mr. Strang will indicate to this Board that effectively it would remove any possibility of parking cars in front of the building. CHAIRMAN GOEHRINGER: Could you explain something to me please? measured yesterday morning at 6:30 a.m. From inside of the sidewalk to the place, to the line, the beginning so to speak of the existing two story building, where is the property line, where does the property start so to speak.. MR. McLAUGHLIN: Maybe if I show you .... CHAIRMAN GOEHRINGER:..in reference to the sidewalk and its I started with the telephone pole on the Suffolk Times building, is approximately just inside of the... proximity. which MR. McLAUGHLIN: Okay, from the front of the building to the property line is f~fty-three point five (53.5) feet. From the property line to the inside edge of the sidewalk is an additional five (5) feet, so we are talking fifty-eight point five (58.5) feet. CHAIRMAN GOEHRINGER: That is where I got the fifty-nine (59) feet. Okay, so we are talking fifty-three feet five inches (53' 5"). MR. McLAUGHLIN: To the property line. CHAIRMAN .GOEHRINGER: To the property line, okay. What bearing the curb cut really have on the aspect of your presentation. The curb cut realiy to us is meaningless. I mean, I am not taking it away from you, I am just asking you what does it have to do with this... The buffer area is going to start within the property line area, right. does PAGE 4 3 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. Mc LAUGHLIN: That is what the Code says. CHAIRMAN GOEHRINGER: Yes, I mean that is what you're here for, okay, because you are saying that from that five (5) feet inside of the sidewalk, you now have to go another twenty-five (25) feet, which is a total of thirty (30) feet from the sidewalk. MR. Mc LAUGHLIN: Thirty feet from the inside of the sidewalk. CHAIRMAN GOEHRINGER: Right. MR. McLAUGHLIN: Yes. What I am saying to you is that will put us back so far into the property taking into account the existing building, that we cannot park cars in front area. CHAIRMAN GOEHRINGER: Okay. MR. McLAUGHLIN:If we cannot park cars in the front area of a car lot, I submit to you, we are not going to sell any cars. Nor could we ever justify the expenditure for the improvements to the property. So what we are looking for is some relief. One of the suggestions that we had made to the Planning Board is how about if we put in the vegetative area and incorporate within that, and I'm not sure and Garrett will get into the details of that, maybe a little bit greater, some kind, apparently there is some kind of pads that you can put in the ground to which grass will grow, but are substantial enough that you can park cars on. And if we can park cars on, but still have a vegetative area. And, again that idea was totally rebuffed by the Planning Board. It was no--twenty-five (25) foot vegetative area, no cars allowed. It's just that I don't think that when the twenty-five (25) foot buffer area was put in the Code, this type of a business was comtemplated. Because if it was, you've effectively eliminated this kind of business from being financially possible. So what I submit that we have here is a very strong case of practical difficulties. If we don't get some relief from the requirement of the twenty-five (25) foot vegetative buffer, we're going to be parking our cars so far off the road and out of sight that we .are not going to be able to operate the business. It is going to cause severe economic hardship to my client, which he will talk more fully about, and I think that it is a classic example of practical difficulties in applying this particular standard to this particular use. CHAIRMAN GOEHRINGER: Okay, what is Garrett going to do for us. He has something? MR. MCLAUGHLIN:Yes, Garrett? MR. GARRETT STRANG: Good evening. Just, many of the points Kevin already brought up with respect to what when on ther.e, but a brief history of what transpired here. Our initial submission to the Planning Board, because the the nature of this particular business had PAGE 44 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. STRANG (con't.): the vehicle display shown on the property line. My experience with the Planning Board in the past and my observations of what goes on, even as recently as from the last few weeks, is that the Planning Board apparently makes a judgment in an application that comes before them as to whether this twenty-five (25) foot buffer is in fact needed or required or can be reduced or eliminated. So our original application to them made no provision for the twenty-five (25) foot buffer. Trying to work, have them work with us to say what we need to display the vehicles as close to the road as possible for it to be a practical and viable business. When they came back with their sketch, which Kevin referred to as Page 3, your Exhibit "2", the saw-toothed configuration, that stemmed from a conversation in a meeting that was had with the Planning Dept. And an indication that they would like to see some kind of green area out in front. There were certain impracticalities in that saw-toothed configuration in that the cars had to be parked diagonally and it was a limit as to the number of cars that could be parked, as shown there, I think there is only four (4). And, again because of the nature of this business, it is imperative that as many cars as practical be on display. Our original scheme had called for eight (8) cars across the front, parked out at the property line. As Kevin noted, the greatest expanse of parking, of green that was afforded in that particular scheme that the Planning Board presentated to us was five (5) feet. And then reduced as the apex of the parking stall projected out towards the property line. I countered to the Board and said we would like to be able park the cars head in or head out, as you will, to be able to maximize the number of cars displayed, and we'll give you the five (5) feet, we'll give you the five (5) feet all the way straight across so that now you'll now pick up a total area five (5) foot buffer. And in addition to that, we'll give up one of the spaces, reduce our parking to eight (8) to give you some additional green on either side. When I left the meeting at that point and time with that presentation, they said well, put it on paper and we will take a look at it, which we did. It sort of caught all of us, I think, by surprise, after that submission was made. When he came back and said we want twenty-five (25) feet now, it's like whoa. CHAIRMAN GOEHRINGER: Can I ask a question Garrett? MR. STRANG: (nod yes.) CHAIRMAN GOEHRINGER: There is no contest over where the curb cut to go for the ingress and egress into this thing, is that correct? MR. STRANG: As far as curb cut, you are talking about just the thirty (30) foot, what twenty-five (25) foot wide opening, coming in out of the site. CHAIRMAN GOEHRINGER: Where that's going to go? MR. STRANG:That the only thing that is locating that is the practically has PAGE 45 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. STRANG (con't.): of the site in that there is a semblance of a curb cut there existing, although it doesn't meet State DOT requirements presently. And we do have a driveway that does service the rear of the lot on that side of the property. CHAIRMAN GOEHRINGER: My question is looking at this original site plan that you did, the curb cut is going to be cut approximately ten (10) feet from the westerly property line? Is that approximately, the Planning Board is somewhat in concert with that. MR. STRANG: With the ten (10) foot offset here. CHAIRMAN GOEHRINGER: With the offset there, okay. MR. STRANG: That's I think is one of the requirements of the Special Exception aspect between curb cut entrance to the site be ten (10) feet off the property line. CHAIRMAN GOEHRINGER: The reason why I am asking, we now distance and this particular area, be it either green or cement or whatever, which I would refer to as a return. have a MR. STRANG: It is proposed to be green. CHAIRMAN GOEHRINGER: That is a width of what? Four feet? MR. STRANG: Well, no, under the new scheme. This was .the original scheme, as you see the parking is all the way out on the property line. CHAIRMAN GOEHRINGER: No, I am just trying to get a distance from the inside of that to this particular area here and I am seeing seventy-seven (77) feet. Is that correct? MR. STRANG: Well, that was under this scheme, since been reduced. CHAIRMAN GOEHRINGER: It has been reduced because now we have eight (8) feet here? MR. STRANG: We have eight (8) feet there and we have eight (8) feet here instead of the four (4) and four (4) that previously existed. CHAIRMAN GOEHRINGER: And we have twenty-five (25) feet here? MR. STRANG: No. In our scheme or our proposal, we are showing five (5) feet... ~ CHAIRMAN GOEHRINGER: No, I understand. I know you are showing five (5) feet, but I mean the Planning Board wants eight (8) and eight (8) subtracted from seventy-seven (77). PAGE 46 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. STRANG: No, that was our proposal. CHAIRMAN GOEHRINGER: This is your proposal. MR. STRANG: The Planning Board wants, the Planning Board is that from the property line for a distance of twenty-five (25) into the property... asking CHAIRMAN GOEHRINGER: The green buffer. I distance... What do we have of net display area, twenty-five (25) feet or the five (5) feet, okay. just want to know the notwithstanding the MR. STRANG: So, we have seventy-seven (77) less eight (8), sixty-nine (69). CHAIRMAN GOEHRINGER: Okay, we have sixty-nine (69) feet, which Linda just mentioned, right? MR. STRANG: Which is seven (7) parking spaces, seven (7) display spaces. CHAIRMAN GOEHRINGER: So the basic question is here, how close to five (5) feet inside of the sidewalk is this Board willing to give this applicant, is basically the issue at this time? MR. STRANG: Or basically, essentially we're looking for, right, for that sixty-nine feet of space, we are looking to have five (5) foot greenbelt between the property line and the beginning of the display as opposed to a twenty-five foot greenbelt as asked for by the Planning Board. CHAIRMAN GOEHRINGER: Okay, now in the discussions with the Planning Board has there been any discussion other than the greenbelt being grass. ts it going to remain as grass or is it going to be required to have pine or some sort of... MR. STRANG: They haven't even addressed that issue. They said they wanted a planting area. They have not said whether grass is fine, which it exists on the neighboring lots, which they made reference to, or if they wanted it landscaped. So, part of the area at the Suffolk Times is landscaped, I think on the shopping center immediately to west is just lawn. CHAIRMAN GOEHRINGER: Okay, we have Rich here. I purposely did not measure the length of the average car that he has down there. We have five (5) .feet, just for the beck of it, the normai new car today is between sixteen and eighteen (16 and 18) feet, right? MR. STRANG: I would say yes. PAGE 47 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: The older ears were maybe as much as twenty (20) feet, alright. We have fifty-three and a half (53 1/2) feet to the building. Assuming that the parking was done either perpendicular or diagonal, which ever way, who the beck cares which way it is, we have got five (5) feet to the property line, we got another five (5) feet that is ten (10) feet, we then have eighteen (18) feet after that, that is twenty-eight (28) feet, right? MEMBER VILLA: What is the second five? CHAIRMAN GOEHRINGER: I got five, there are asking for five feet on a buffer, okay .. MEMBER VILLA:On the front property line? CHAIRMAN GOEHRINGER: Yes. MEMBER VILLA: And then the cars. CHAIRMAN GOEHRINGER: So that is twenty-eight (28) feet, is that correct? We need five, five and eighteen. BOARD MEMBERS: What is the second five (5)? CHAIRMAN GOEHRINGER: The five I am talking about from the inside. the property line. (5) feet they are asking for. Five feet Okay, we will just refer to it from MR. McLAUGHLIN: You are adding to the sidewalk, property. that is not even the BOARD SECRETARY: Let's just do the property--five and eighteen is twenty-three. CHAIRMAN GOEHRINGER: So, we have twenty-three (23) feet. So, we have approximately thirty (30) feet from the rear of the cars to the building. MR. STRANG: Twenty-nine and a half... CHAIRMAN GOEHRINGER: Alright, is that correct? MEMBER VILLA: Thirty and a half feet. CHAIRMAN GOEHRINGER: Thirty and a half feet. Now going to the worst possible scenario of the Planning Board's okay. We have twenty-five (25) plus eighteen (18), so that is forty-three (43) right? So you have ten (10) feet to the building which personally I think is absolutely ridiculous because you can't get a fire vehicle in ten (10) feet, you need fifteen to... PAGE 48 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. STRANG: You can't move the vehicle, you can't back an eighteen (18) foot or a sixteen (16) foot vehicle out in ten (10) feet of space. CHAIRMAN GOEHRINGER: The problem we have is here, we should have taken the Special Exception aspect of this first, because now I don't know what to do with this hearing, because we have other discussions to do ensuing concerning this Special Exception aspect. So now that I understand this situation, you know, let's, we will do the best we can. We will probably have to come down and remeasure. MR. STRANG: The only alternative, one of the with the discussion of the Planning Board with respect as to how the area to be treated as green "green area". As Kevin indicated I did make a suggestion to Board that we use a paving material that is available today. It is basically a honeycomb block that can be laid out which gives you a good surface on which to drive. It is traffic bearing, but also allows grass to grow through to the extent that you don't see this honeycomb product. CHAIRMAN GOEHRINGER: Neat. MR. STRANG: So you can drive on it so you don't wind up with a mud field basically from just driving on a lawn area, yet you still have the effect of a greenbelt, but they were unreceptive to that solution. CHAIRMAN GOEHRINGER: And you discussed... I am to cut you off, and you discussed with them concrete what Mullen Motors has... sorry, I didn't pads similar to mean MR. STRANG: That was suggested, similar to what Mullen has just putting in concrete pads.. CHAIRMAN GOEHRINGER: Don't bring Mullen in it please. (tape turned over) CHAIRMAN GOEHRINGER: The site plan refers to five (5) spaces display. Where there are actually more than that, there are one, two, three, four, five, six, seven, eight. MR. STRANG: There is eight (8) in this scheme. plan that you are looking at here is outdated. This particular site for CHAIRMAN GOEHRINGER: Okay, do you have anything new that you can give BOARD SECRETARY: This is all we have right now. MR. STRANG: This is basically superimposed on this. This is the last presentation that was made to the Planning Board, which shows seven (7) spaces. But, let me go back, ff I may for a moment to clarify this. PAGE 49 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. STRANG (con't.):This is a parking calculation schedule. In other words according to the code, it says for every vehicle, every six hundred (600) square feet of display, you need one parking space for customers use. Alright, so we were going to have based on the number of, if you take the square footage in this case or in this case the square footage of spaces being used for display divided by the six hundred (600), it equated to five (5) parking spaces for customers, which are the spaces that are provided for us here. BOARD SECRETARY: But if you have fourteen (14) cars for display, how many cars would you need for parking for customers? MR. STRANG: Well, if you had fourteen (14) ears for display, which we don't, but... BOARD SECRETARY: Well, you do today, today you have how many there on display? How many are in there, about twenty (20)? Eighteen (18)? down MR. STRANG: I don't know, I can't answer that. CHAIRMAN GOEHRINGER: Well we will ask Rich. on display now? How many cars do you have MR. RICHARD GOODALE: Well, tonight there is only maybe six or seven (6 or 7). I try and keep it around fourteen (14). BOARD SECRETARY: Yesterday there looked like there was about sixteen or seventeen (16 or 17) on it. MR. R. GOODALE: I have a truckload going out in the morning. MR. McLAUGHLIN: Those are cars ships them up the Island for auction. MR. sTRANG: For disposal. that he takes in trade and then he They really don't stand... CHAIRMAN GOEHRINGER: In other words .... MR. STRANG: They are not being marketed, they are being disposed of. CHAIRMAN GOEHRINGER: If the car sits, for too long, you will trade it off for another car? MR. R. GOODALE: No, absolutely not. CHAIRMAN GOEHRINGER: What would you do? MR. R. GOODALE: These are trades that I wouldn't ask anybody for money for, I would take... PAGE 50 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: I see. Oh, those are trades you took in. MR. STRANG: Trade-ins. CHAIRMAN GOEHRINGER: Oh, I'm sorry, okay. MR. STRANG: They are not for sale, basically, they are in transition. He took them in as a trade-in for someone who bought a vehicle and now he is going to truck them off site to be disposed of in another facility. MEMBER VILLA: It is still lot coverage. MR. STRANG: Yes, it is a transient situation, it is not a permanent situation. But, if that became an issue obviously we would have to do the calculation of how many vehicles are on display divided by the number of square feet and... CHAIRMAN GOEHRINGER: Well, there is also the possibility of requiring every vehicle in transition to be placed in a place other than in a display area. I mean that is what I would do. BOARD SECRETARY: Or a parking area. CHAIRMAN GOEHRINGER: Or a parking area and that could be kept in back of the soon to be, or maybe to be accessory structure. MR. STRANG: Well that certainly a possibility. I don't see that as a difficulty. But, again, I just wanted to clarify what this was. It wasn't five (5) display spaces, it was five (5) spaces for customers relative to the display that we have. CHAIRMAN GOEHRINGER: Okay, and we are dealing with that on the of fact that now have a curb cut and which protrudes further out into the road being the main State highway, it's quite the possibility that people may not park in front of this site, we hope that they don't park in front of the site. They would enter the premises to view the vehicles and so on and so forth. Similar to what people do at the Suffolk Times, similar to what people do... basis MR. STRANG: Or at any other retail business. They would pull in and park in the designated parking area and then view the merchandise. CHAIRMAN GOEHRINGER: Okay, great. Yes, Rich? MR. R. GOODALE: I wanted you to know that over the last year or so, I have been tracking where the business comes from. About fifty percent (50%) in the summer does come from people driving passed. About twenty-five percent (25%) people that I know and about another PAGE 51 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. GOODALE (con't.):twenty-five percent (25%) from advertising. If I had that buffer zone in the back, I would park those cars basically on the side of the structure there. You can't really see them. I have had people that Jive in this Town that have driven passed this place for six months and finally say to me that I didn't even know you were here. I mean, I think it is pretty visible but people don't. If the cars have to be that far back, I would lose half of my business. And the improvements that are going to need to be done, I even have a brother-in-law in the business for the curbs and whatnot, somewhere in the area of $30,000.00 (thirty thousand dollars). Obviously, I will have to sell a pretty serious quantity of cars to come up with that kind of money to do the improvements. And I want you to know that I do want to get this done. Once those curbs are in the front yard it is going to protect me an awful lot. I'm waiting for the day that somebody is going to whack a whole lot of cars and put me in a rather bad position. CHAIRMAN GOEHRINGER: I just want to refer to Rich here. As we had a pro and con situation with McDonald's, which was across the street, I happen to have in my boat in a private marina, one of which only has maybe only four or five (4 or 5) slips. Your car agency has now been reduced to shouting across the creek at me. This is just the abuse that people take being on this Board. And the guy yells over to me and he says, just right on the record I don't care whoever reads this okay, "how come that guy is allowed to park those cars right against the road like that?", meaning against the sidewalk. I said sir, it is a nature of an application that is before us on Thursday night, and if you have a .. Wednesday night, if you have a particular problem with it, please come down. "I don't have time Wednesday night". Now this guy is 85 (eighty-five) feet away from me on the stern of my boat yelling across the creek in residential houses. This is the kind of stuff, so it is a pro and con situation. There are some people who are in favor of your application, there are some people definitely not. And that's not just one example I am telling you, you know we do get calls back and forth. Excuse me, go ahead. MEMBER. DOYEN: What is the rationale for a 25 foot (twenty-five foot) inlay? And why did anybody come up with that? CHAIRMAN GOEHRINGER: I have no idea, that's got to be in that grand planning... MEMBER DOYEN: I'm just curious of that reasoning that was used to come up with that figure. CHAIRMAN 'GOEHRINGER: Why don't we ask the engineer here that deals with.. MR. STRANG: I don't know what there reason was. I think that there was some idea that they felt this was a good idea to have on the books, but it has alway been at the descretion of the Planning Board whether it PAGE 52 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. STRANG (con't.): enforced or not. MEMBER DOYEN: What purpose does it serve? information or incidental intelligence, why... I mean just for general MR. STRANG: This 25 (twenty-five) foot buffer? MEMBER DOYEN: Just for aesthetic reasons or what? MR. STRANG: Yea, I believe that they were looking to try and create a little bit more of a green area along the side of the road. It's probably, I guess at one point in time they were forcing buildings to put there parking behind the building, forcing developers to put the parking behind the buliding. As you see immediately near the site that we have across the street at Brisotti & Silkw0rth, the building is backwards. So, as we drive down the Main Road, we look at the back side of the building. I don't necessarily think that's good planning or at all a very aesthetic situation. But that is' what the Planning Board in their infinite wisdom decided that they wanted to do. They wanted the building slip reversed and the parking to be inboard on the property, instead of outboard. I guess this 25 (twenty-five) foot buffer is again something along this line. MEMBER VILLA: Many of the Towns require not only the setbacks, but they require berms so you don't see it at ali. MR. STRANG: On new sites, if we were starting with a clean slate and we had no development whatsoever and said okay from now on, this is what we are going to ask every new site that is developed to allow for this, to have this. It is understandable, because if you are building a new building, you have the flexibility to put it anywhere on the site. But when you got existing sites, as we have here, and in many others throughout the Town, and then you try to say we want you to meet this criteria, in many cases it's impractical or impossible to do. CHAIRMAN GOEHRINGER: That clears up that issue. MR. McLAUGHLIN: I would like to make a couple more comments. CHAIRMAN GOEHRINGER: Sure. Thank you Garrett. Thank you Rich. MR. McLAUGHLIN: Just to give you an indication that this 25 (twenty-five) foot buffer is not always imposed, if you go by the Handy Pantry, which is, just gone through like a leaf site plan approval, you will find that the certainly don't have a (25) twenty-five foot buffer area there. It starts out maybe 5 (five) feet in one area and it does widen out. Last month, the Planning Board waived site plan requirements on G & S Water Purification. They totally waived any and all, they are adding on to their building there, I believe they are enclosing what had been an overhang and a porch. The Planning Board a month ago waived PAGE 53 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. McLAUGHLIN (con't.): anything. Waived all site plan requirements there including the 25 (twenty-five) foot buffer, if indeed they might have wanted to impose that on them. So, it is not something that has been east in stone and has been required of everyone. It seems to some degree had been picking and choosing what applications. Particularly as to this site, not only does the use militate strongly against setting the cars back that far, but if you look at the area in general, there are some notable exceptions which the Planning Board has pointed out in their letter. But those notable exceptions, none of them are talking about a kind of business where you display your goods openly. You are talking about the Times building, you're talking about the insurance building, you're talking about a couple of proposed buildings that have not nor quite probably never could be built out there. So, you are talking about whole different uses and where the application of a 25 (twenty-five) foot vegetative area is really to a large degree insignificant to their operation of their business. What I just want the Board to get is the very strong feeling that it is not at all insignificant to our business, it is of the essence. CHAIRMAN GOEHRINGER: Bearing in mind that we don't know where we are going with this hearing, we will go on and incorporate.. MEMBER DINIZIO: May I say something? CHAIRMAN GOEHRINGER: Oh yea, I'm sorry. MEMBER DINIZIO: I am having a hard time following the sequence events here. And I have been sitting here very patiently. I'm looking here at Exhibit, the one with the saw-toothed parking. Now, if I got this right, the Planning Board submitted this back to you after you submitted to them the same site plan that we saw before. Seven (7) spaces, parked nose in to the road. of MR. McLAUGHLIN: I think, actually, there was 8 (eight) spaces parked nose in, in our first plan. MEMBER DINIZIO: So, that is here, that is the last one, no no that is the second one in a row, here. MR. MeLAUGHLIN: No, that is our newest one, it only shows 7 (seven) spaces there. Our original one showed 8 (eight). MEMBER DINIZIO: What is this one here? Is this the one we saw with Steve.. MR. McLAUGHLIN: No, this is our present proposal. This is our present proposal, this one right here. MEMBER DINIZIO: Okay, so' there is one before this. PAGE 54 PUBLIC HEARING SOUTHOLD ZBA 7/29/99. MR. McLAUGHLIN: There was one before any of the Exhibits that are'in here. MEMBER DINIZIO: No, there are two before this. There is this one... MR. MeLAUGHLIN: Right, this one was generated by the Planning Board. That was the first one, that was the initial one. This is the second one. MEMBER DINIZIO: You submitted that one, the Planning Board sent this. MR. STRANG: They came back with this, we said that you got 5 (five) ~eet here, but you only have a foot here, so let's make it olean and go straight across and take five (5) feet all the way across. MEMBER DINIZIO: So, what was there objection to their own... MR. STRANG: They claim they never got it. MEMBER DINIZIO: What if you said yes to this. MR. STRANG: Well, I guess after we spent the time to develop site plan and everything else and went in, they would have said we don't like this change it, which they have done in the past. MR. McLAUGHLIN: They disclaimed any knowledge of that being sent out. MEMBER DINIZIO: Now, who drew this? MR. STRANG: Someone in the Planning Dept. One of their staff members. MEMBER DINIZIO: All I know is what I see and hear. MR. STRANG: It was submitted with a covering letter that was addressed... MEMBER DINIZIO: That is this one here. MR. McLAUGHLIN: The covering letter of the two pages... MEMBER DINIZIO: This is the sidewalk here right? This is five (5) feet okay. I'm sure this is MR. McLAUGHLIN: This is five, this is four and this is five outside again, which shows... MR. STRANG: This is an overlay so it is pretty muddy at this point. A lot of things got shifted around, so you are looking at ghost images coming through the overlay. PAGE 55 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. McLAUGHLIN: Actually, it is four, the sidewalk is four, there is five more feet before you get to the property. Why don't you take that, Garrett's got more copies. MEMBER DINIZIO: This ought to be interesting. (lot of people talking, hard to understand) MEMBER DINIZIO: Alright, so anyway so that is the sequence of events. You went to them with our plan, the one we saw, they gave you something back. You said no, how about this, which is the seven (7) spaces. They said no, how about 25 (twenty-five) feet. MR. STRANG: They're showing, this was their map with twenty (20) feet here, with the beginnings of the parking spaces and five (5) feet, because they want from the base of the building for again a green space. BOARD SECRETARY: Are we taking a break here. MEMBER DINIZIO: I guess we are adjourned here. (short break) MR. STRANG: ...this is the property line, you know we want you extend this out to this point, the twenty (20) feet here and put the parking in diagonally and we wound up with about a five (5) foot max at the deepest point. Now, we are back to well this scheme really doesn't work for us, because we are only getting four (4) cars, it is difficult to maneuver them. Not only that with less than five (5) feet of looking for more green, let us take this five (5) foot point come across with a straight, let us park the cars head in and we'll ultimately pick up more green as far as the front. MEMBER DINIZIO: And you will get more space. MR. STRANG: And we will get more spaces and the flexibility to put cars head In or diagonally or facing each other or whatever. Part of the marketing strategy of selling cars is to keep moving them around and keep changing their positions. CHAIRMAN GOEHRINGER: Are we all set now? BOARD SECRETARY: Garrett, you have more of these right? Do you an original plan of this? Because we are going to need one to scale, a full map for County Planning as well as for the permanent file. MR. STRANG: I have extra copies of that overlay, I don't know ff that is sufficient or not. to have PAGE 56 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 BOARD SECRETARY: Do you have this though on a regular ... CHAIRMAN GOEHRINGER: Was it on a mylar? MR. STRANG: No. It's just basically what it was, was a tissue which was sketched and it was overlaid on the original and then it was photocopied. BOARD SECRETARY: It's the same scale though as that. MR. STRANG: It is identical scale to this. And I do have extra copies. I can make extra xerox copies of that. CHAIRMAN GOEHRINGER: Alright, we will hold this hearing in abeyance, I will not close it and we will go on to the last hearing of the evening, since the last two have been postponed and that is of course, the Special Exception portion. APPEAL #4119SE Applicant(s): Richard Goodale and Mattituck Auto Center, Inc. Location of Property: 7655 Main Road, Mattituck, NY County Tax Map No: 1000-122-6-30.1 (previously 30). The Chairman opened the hearing at 10:20 p.m. and read the Legal Notice and application for the record. CHAIRMAN GOEHRINGER: Is there something that you would like to present to us Mr. McLaughlin concerning the Special Exception aspect. I am still trying to find the file, we are getting there. MR. McLAUGHLIN: Basically this is an application under Section 100-101(B)12 of the Code, which sets forth the criteria. And in order to fulfill the requirements for a Special Exception for new vehicle sales and accessory use vehicle sales. I submit to the Board that we have complied with all of those requirements and/or the particular requirements doesn't apply to our situation. If we go through it item by item, the first one talks about entrance/exit driveways and their location. I believe if you look at our map, we comply with what the section asks for. The second section--the sale of used vehicles or boats should be conducted as an accessory to the sale of new vehicles or boats. I have submitted to this Board a new car dealership agreement. It is my client's intention to vigorously market and sell these new cars. I know the Planning Board brought up some concept that they have that somehow it is a dollars and cents thing as to what is the primary use and what is the accessory use. I find that odd. I don't see' anything in the Code that would reflect that the primary use of a property is measured in any sort of volume of dollars and cents. Mr. Goodale is here, he will tell you that he is going to be marketing under the deaiership franchise agreement that we have submitted to this Board PAGE 57 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. McLAUGHLIN (con't.): and will sell as many new vehicles as the public will purchase. How many of that is going to be, no one can prejudge. Hopefully, it will be many. As with any new car dealer, he will be selling used cars in conjunction with that. How much of his sales will be one or the other, no one knows at this point. But I submit to you that ff you look at the books and records of most automobile dealerships, you will find three (3) major catagories at which they make their money--sale of new cars, sale of used cars and their service. And, I believe that you would probably find that most dealerships make more than half of their money on the combination of the saie of used cars and their service and less than half of their money on the sale of new cars, especially in this economic climate. So, if that was true, things, the situation for instance with Lucas Ford wouldn't comply with what the Planning Board reads the Code to entail. So, again, what we are planning to do there is the sale of new vehicles and also the sale of used vehicles as an adjunct to that. The next section "C" talkes about vehicle lifts or pits, dismantling automobiles, we are not going to do that kind of work. And we'H submit to you that .we are not going to do. We are not going to service. This is not a service type of dealership, except possibility for minor services on the new or used cars. But, we are not talking about lifts and pits and that type of thing. Ail service would be conducted within a building. Again, we're really not a service type of an organization there. We are in the sales business, not the service business. There is not going to be storage of gasoline or flammable oils in bulk, there is not going to be any gasoline or fuel pumps on the area. We will comply with the outdoor lighting requirements. And the final criteria under this subdivision is that it shah not be within three hundred (300) feet of schools and churches, which it is not. So, I will submit to the Board that we have satisfied all of the criteria for this Special Exception use in this particular zoning district and that the Board should look favorably on our application. CHAIRMAN GOEHRINGER: I have one major problem. The Town Attorney and the Assistant Town Attorney have reviewed this dealership agreement and they see serious flaws within that agreement. I have only a few of those opinions. They have not been reduced to writing. The Town Attorney did walk in tonight with shorts on and he did try and get a hold of me, but I, of course, was up here. And I did have a discussion with him this morning. However, at the time he had not review the agreement. I think the best thing to do at the particular time is to recess this and you discuss it with him. Hopefully, he will reduce it to writing and we will take care of this whole problem. Hopefully it will be taken care of and we will then be able to complete this hearing process--both the buffer issue and this issue with the agreement and then we will be able to make a decision. And hopefully everything will be favorable. I can't guarantee you, but that is basically the situation. That's my opinion on the whole situation at this point. MR. MeLAUGHLIN: I have no problem with meeting with the attorneys or PAGE 58 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. McLAUGHLIN (con't.): assistant Town Attorney and going over that agreement. CHAIRMAN GOEHRINGER: Alright, so let us do that. Hearing that mind, I will make a motion recessing this to the next regularly scheduled meeting. MEMBER DINIZIO: Can I say something? CHAIRMAN GOEHRINGER: Yes. MEMBER~ DINIZIO: Thanks. was all going on.. I talked to Harvey in the office when this CHAIRMAN GOEHRINGER: Let me just say this, when you reduce this hear the whole thing, okay, I don't 'want it fragmented so that is the reason why I didn't want. I don't want to get into... let's MEMBER DINIZIO: I would want them to know basically, Harvey did ask me questions about the validity of the dealership. And it may behoove you to when you speak to him to have that available. What is this company? You know, some idea that this company exists, some idea that perhaps brochures or whatever to prove that this is a valid company that is making cars for sale. I just, he wanted me to relay that to you. CHAIRMAN GOEHRINGER: At this state, at this time at some 10:30 p.m. have no intentions of going through the entire gammit of the questioning and, which I didn't get from him okay. BOARD SECRETARY: I had conversations with Matt also, but... CHAIRMAN GOEHRINGER: I didn't have a conversation with Matt, he reviewed the agreement or Board assistant, secretary did have a discussion with the assistant Town Attorney. Again, nothing has been reduced to writing. MR. McLAUGHLIN: That's fine. I would prefer to respond... CHAIRMAN GOEHRINGER: I want to get the whole thing, the whole nine yards right out and let us find out what the story is. BOARD SECRETARY: Both attorneys should talk. CHAIRMAN GOEHRINGER: Both attorneys, you have to taik to both of them because you may not get it from just one. Because they both reviewed the file. And if we weren't on tape I would tell you a little joke about the one attorney in Town.. MR. McLAUGHLIN: I will try and get a hold of them tomorrow and get the process rolling. PAGE 59 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: And this has nothing' to do with this hearing, that joke. BOARD SECRETARY: I forgot it, will you tell it? CHAIRMAN GOEHRINGER: Yes, I will tell it after you turn off the tape. MR. McLAUGHLIN: Well, I'm done. CHAIRMAN GOEHRINGER: Hearing no further comment, I will recess the hearing and the Special Exception--the buffer issue and the, which is the first hearing and the Special Exception to the next regularly scheduled meeting. Ail in favor - AYE. End of hearing. Lorraine A. Miller (transcribed by tapes recorded 7/29/92) )~KX~X~k"~R~OX~ 1050 Youngs Ave., PO Box ~Pk~J[.kw%X~ Southold, New York 11971 765-6085 1210 August 4, 1992 HARVEY A. ARNOFF, ESQ. Southold Town Attorney Southold Town Hall 53095 Main Road Southold, New York 11971 RE: Appl. No. 4119 SE - Richard Goodale and Mattituck Auto Center, Inc. Dear Mr. Arnoff: Pursuant to the request of the Board of Appeals and as we agreed in our recent telephone conversation, I have enclosed a brochure from Solar Car Corporation, which is the manufacturer the new electric vehicles to be sold by my client. of I believe that upon a review of this information it will be clear to everyone involved that Solar Car Corporation is a bona fide manufacturer of electric automobiles and that my client will be a le§itimate dealer of such vehicles. If you have any questions or if you wish to further discuss this matter, please contact me. As I am sure you are aware, the Board of Appeals held both hearings open until their next regularly scheduled meeting. Enc. cc: Board Of Appeals ATTORNEY AT LAW~ X~X~P~X~[~f~k~9)~)~9~ 1050 Youngs Ave., ~0 ~'~X Southold, Ne~ Yor~ 11971 ~}~'~ 765-6085 July 29, 1992 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road Southold, New York 11971 RE: Appl. Nos. 4120 & 4119SE - Goodale/Mattituck Auto Gentlemen: I am in receipt of a copy of the Planning Board's letter to you dated July 24, 1992, addressing the above-referenced applications. The Planning Board, in opposing the granting of the requested variance to the twenty-five (25) foot front yard landscaping provision of the Code, states that the subject site is in the entrance "corridor" of the Mattituck business district. This statement would indicate that said area should be the target of special treatment by the various boards of this Town. In fact, the Planning Board itself has not seen fit to apply that standard to this area. For example, the G&S Waterconditioning property located nearby (Tax Map No. 1000-122-7- 6.4) was granted a waiver of site plan requirements just last month by the Planning Board. Copies of relevant correspondence regarding that project, which encompasses the enclosure of an existing porch and walkway on the north and east sides of the building, are annexed hereto as Exhibit "1". Despite the increase of 720 sq. ft. of building area, the Planning Board did not see fit to impose any front yard landscaped area, or in fact to require that applicant to comply with any site plan elememts. In addition, signiicantly less than the 25 foot front yard landscaping buffer was required of the Handy Pantry, which is located along the Main Road in Mattituck. Apparently, whether or not the Planning Board deems this buffer area to be necessary depends upon who is making the application. The Planning Board's next statement is a listing of other businesses, or proposed businesses, in the area that have front yard landscaped areas. It is interesting to note that none of the businesses identified requires the outdoor display of its products for sale. As a result, whether those businesses are near the road or not is not of prime concern to them. In our case, however, it is imperative and essential that the public have visual access to our vehicles. Without the ability to //display the vehicles so that they are readily visible from the road, my client cannot operate a reasonably successful business at that site. The truth is that most of the businesses in the immediate area do not contain anywhere near the 25 foot buffer area. The Planning Board's assertion, that my client's lot is of sufficient size to permit outside storage and display of cars without reducing the front yard setback of 25 feet, totally ignores the obvious necessity in this type of business to display the vehicles so that they can be readily seen. If the 25 foot landscaped area were required, the only available space to store and display vehicles would be in the side or back yard areas. Obviously, neither alternative is feasible from a business standpoint. In fact, the Planning Board initially recognized this fact when it provided us with a sketch of the subject lot indicating angled parking along the front yard area that provided for considerably less than the 25 foot buffer area. A copy of said sketch is annexed hereto as Exhibit "2". Applicant then submitted a proposed sketch of the site, a copy of which is annexed hereto as Exhibit "3". Thereafter, the Planning Board, in a complete reversal of its previous position, indicated that they were requiring a full 25 foot setback, as shown on their latest sketch annexed hereto as Exhibit "4". The Planning Board's remaining comments are totally beyond its scope of authority to review or comment upon. Clearly the Planning Board is attempting to ursurp the Board of Appeals function. Moreover, the comment concerning the fact that my client's business certificate will expire in five months is of little note. All such licenses expire on a yearly basis and are renewed as a matter of course. The Planning Board's final comment concerning the primary use at my client's site is totlly without basis in fact or in law. My client intends to operate a new car sales business at the subject site and to sell as many new vehicles as the public will buy. As with all new car businesses, my client will also offer for sale used vehicles in conjunction therewith. The exact ratio of sales of new vehicles to used vehicles is impossible to pre-judge. I seriously doubt that anyone questioned Lucas Ford as to its ratio of new car sales versus used car sales or vehicle service. In fact, in a normal delearship, the combination of used car sales and service often accounts for two-thirds of the volume in terms of dollars, as compared to one-third for new car sales. Has anyone questioned the other dealerships in Southold Town regarding a break-down as to where there money is made? it seems that it depends on who is making the application. Additionally, no where in the Southold Town cna~ ~- =~ definition of the term primary use as constituting the use which generates the most dolla~s in sales or volume, as the Plannin§ Board would have you believe. The applications for the area variance and the special exception should be granted. The applicant has demonstrated practical difficulties in strictly complying with the 25 foot landscaped front yard area. In fact, the applicant has demonstrated severe economic injury in the event that said requirement was enforced. Additionally, applicant has shown that this difficulty cannot be obviated by any feasible means other than a variance and that the character of the neighborhood will not be substantially changed by the grant of this variance. The applicant has also met all of the standards imposed the zoning ordinance relative to a special exception for new used motor vehicle lots as set forth in Section 100-101B(12). a result, said application should be granted by this B9 rr~k. Very ,truly/~o~/~, // ~ ~evin McLau~hl~\ilr~ by and As PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kennelh L. Edwards .Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 June i7, 1992 Henry E. Raynor Jr. 320 Love Lane Mattituck, NY 11952 RE: Request for waiver of site plan requirements for GNS Water Conditioning / Skinny Dip Pools Center, Main Road, Mattituck Zoning District: General Business (B) SCTM# 1000-122-7-6.4 Dear Mr. Raynor: The Planning Board has received your letter of June 12, 1992, requesting a waiver of site plan requirements for the above referenced property. The Board will waive the site plan requirements to enclose the existing porch and walkway on the north and east sides of the existing building as shown on your sketch, copy enclosed, received by the Board on June 1%, 1992. If you have a.ny questions, or require further information, please contact this office. cc: Victor Lessard, Very truly yours, Bennett Orlowski, Jr. Chairman Principal Building Inspector o" / t r bL:.l"l I LEIqEr,I: I !4. ER, c. BY R~UI.',!Li.~;1' A i,'JF.tiVI:_R FRI. IM i;.i I-ott/,IAL ~,:;]'1"1:. [::'LAN OI,IL~ER :lF_l.;[II)l,l iv_lEI L;F ]lie CODE I..F ild~,£ 'i-(3wN I)1-- UJi.iI.IiI-11jL_D. IHb. Akq-;'LiCAi'41'S I:-'I-(O¢-'i~:aE T(~ '- '" ~. L.L c,k l'i-tE EXIS'FII',IL~ PORCH ,,-I~-*LP:,I4F, Y Ol'4 INE NUI-(IH AND I---A:ml' 5II:,,ES OF; '[HE£R bUILOll,lLi t':t{SP'EL:-[ I VI:. L'F. II-ih ~::'I-,(LIF'(I::;}:tL WiLL NuT [:S HLI*'.EAOY ~.'.~I-i:d:~LILSHF-D~ 14'5 EI',~CLU~UFJ-~ I:'RUF'U',iED WiLL dE ON THE EXISTING [:ONCRP-[E SLAIdS, OR Rb-ENI-ONI.:ED FL; BLItLDING CODE iF NECES5~4RY j IHE P'RESEN'[' OCL:UI.'ANCY [if THb. BLIILDINtS I'.~EI-ELI.:Tb S'i[IRi:~L~E, OFFICE. AND REIA~L ARb. A TI] Olfff:'Lw'F L-,Ii~I&R pI,RII=ILi:iTiEiN b.b![JiP~,lL~N I ,(-'iii~, Irtc; EXISFiNI5 ~.Lz_L~ CJI-' 1;-iI5 Sl'F, Ut:it,t-;b; !b Li.'q~ L~'f 6~Z,~. ii-if_ ,I.I'.I'IEI-~LUI.~ 56!IJAi~.I-,z FI)¢J]-.Cit=P-- il,l[,14El:~i:;E ],.,lil_L ,-~E PRRKIf, IL"i I-<EQUI~iEPIENI-.%' Ur.~DER Sbi[:'['itIN iE,z~-lt) l,, NI:zThlL SHUt' (iN ~']'IJi~E CHLL FtJh~ I '.51Z'AIJE F'l::R 2v_',a SQIJAI'iE F-L:.ET IlF (;,l*O.):;iS FLJJOh:, Il-lb. PP;Oh'U=ED EI'II];L[15bD SII:(UL;TIIh(E I/JILL H~qYE 3:l~EI 514Lt~q~E F-E.I:- I iql',d) 14EI,UJ].P,I~ 11 b!.,'AC;~S CJF I:'Ai,~KIIHt:.. I:'LO',J 3 F~.li-: b.I,tt:'LIj'fEE:.i. -IhEtl~ i-II.F;E,~tUY EXZ~;I~; UI',I 'IBIS SITE- iS'~41 AVAIL_A~LE 5t:'ACEI:; I. II'.l [~tld['b. 2~'~ I,IHLN 'ili~IE h~LJHl). Iql.)l~.E L,OULD I~E [4CE, Ui,Ii-,uAI'EL) iii'4 IiiE L:4.uJlt.tEt:',LF .S iL i.~n_.i (il:' "ll--i~ K'nLHOLaR] Y. HANK 'full [:OR 'FOUR CUI,JSI[;'EI!,AT£di,i. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Rilchie Lalham, .Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall. 53095 Main Roa,. P.O. Box 1179 Southold. New York 11971 Fax (516J 765-1823 Mr. Garrett A. Strang, Architect Main Road P.O. Box 1412 Southold NY 11971 May 8, 1992 RE: Used Car Business 800' West of Factory Ave. on Route 25, Laurel Zoning District: General Business (B) SCTM~ 1000-122-6-30.1 Dear Mr. Strang: This letter is in response to your request for Board review of an alternative parking arrangement for the front yard car display area. Stype Insurance Company Silkworth and Brisotti The sketch that you submitted shows a five foot front yard landscaped area. Town Code 100-212 B requires a twenty five foot front yard landscaped area in this General Business zone· This standard has been uniformly followed by the nearby businesses in th£s business district. 1. North Fork Bancorporation ~- ~c~ 4. McDonald's Restaurant Suffolk Times Building Sterling Idea Ventures (Shopping Center) In addition to the above, the Hobby House will landscape their front yard if they add a new use to the site. Enclosed for your~ consideration is a sketch of an alternative iront yard parking arrangement that respects the required setback and a tax map of the properties mentioned above. If you have any questions, or require further assistance, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector Enc. ('I.ANNING BOARD MEMBERS Bcfmcll Orlowski, Jr,, Chairman George Ritchie Lalham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards 'l'clcphone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCO'I'I' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 April 15, 1992 J. Kevin McLaughlin Attorney at Law 1050 Youngs Ave. P.O. Box 1210 Southold NY 11971 RE: Goodale used car dealership 7655 Main Road, Laurel Zoning district: General Business (B) SCTM# 1000-122-6-30.1 Dear Mr. McLaughlin: The Planning Board has received your letter dated March 3, 1992, requesting a pre-submission conference. This letter will confirm your meeting of April 1, 1992, with staff member Robert Kassner. The following changes are mentioned proposed site plan. recommended to the above Landscaping must be installed along and contiguous to the front lot line of the property, as per Town Code 100-2~2 B. (See enclosed sketch for conceDt). Suitable barriers must be placed between the parked cars and the landscaped area. Drainage and drainage calculations for the paved areas. Dumpster location must be shown. 5. Any proposed outdoor lighting must be shown. A sketch to scale, showing color, of any proposed out door sign. Sign may not be internally lit. In addition to the above, curb cut approval from the New York State Department of Transportation, and approval from Suffolk County Department of Health Services must be obtained. The above should not be considered as a complete listing of all elements of the site plan. Further comments may be forthcoming when the Board receives and reviews the actual site plan. The Board would like to know if any work on the cars will be conducted on the premises. If so, where will this work be done? If you require further information, or wish to meet with my staff to further clarify any of the above items, please contact this office. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman Board of Appeals Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: MEMORANDUM Harvey A. Arnoff, Town Attorney Matthew Kiernan, Asst. Town Attorney Chairman and Members of the ZBA~ July 28, 1992 William Goodale, as owner w/ Mattituck Auto Sales, Inc. as Tenant Special Exception Consideration for New and Used Car Sales at Mattituck The Appeals Board Members request your review and opinion as to whether or not the attached two-page "agreement" between Mattituck Auto Center, Inc. and Solar Car Corporation is adequate. Please note that there is no business address of "Solar Car Corporation" and the wording on page 2 of the "agreement" is of concern since we are not sure that it is adequate or sufficient for reliance by the Board Members. Also attached is a lease between the property owner, William Goodale, and Mattituck Auto Sales, Inc. which has been furnished to show a direct interest in the property. May we have your opinion before the hearing, which is scheduled for tomorrow evening. (Copies to ZBA Chairman and Members) RECEIVED AND FILED BY THE SOUTHOLD TO~VN CLERIi Town Clerk, Town of Sou',hold __ Page.4 -.Appl. Noel9 (SE) Appl~catzon of M~][~iw3CK AUTO CENTER, DecisiQ~ Rendered Au~st 18, 1993 INC. is a~~a~ %Omlv used ~ars are displayed or advertised at the prem~.~.~.~~es...~.~,~_.____ is also apparently being.offered for electric car-~k~t~-iIt is.~t~~.er that there is no electric car displayed or sold ~.~on site, either assented, disasse~led in kits, or othez-wise. It is the position of thi~ Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. (See copy of one-year limited agreement dated 6/10/92 between Robert A. Adams, Vice President of Solar Car Corporation of Melbourne, Florida, and the applicant, Mattituck Auto Center, Inc.) 6. For the record~ it is noted that this parcel is also nonconfozuning as to the required lot size for the two or more principal residential uses. ~ne total lot area of this parcel is 36,155 sq. ft., and the total lot area required u/%der the current zoning code for each residential m%it under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total require~nent of 60,000 sq. ft. for two principal (primary) uses. The requirement for a third principal use is an additional 30,000 sq. ft., total 90,000 sq. ft. of land area (ref. Article ~IV, Bulk and Minimum Lot Size, Density Schedules, etc.). 7. Also noted, as shown in the record, are the following denials of previous Special Exception applications of the applicant herein as rendered by the Board of Appeals: A) Denial of Application No. 4066 for a Special Exception to establish new use for outside, on-premises new and/or used motor vehicles sales and leasing rendered Decen~er 16, 1991; B) Denial of Application No. 4093 for a Special Exception requesting the sales of new and used motor vehicles. 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor sufficient doc%Lmentation su~itted, to show fulfillment of the standards and conditions set forth in the zoning code at Section 100~101B(12-b). NOW, TF~EP~FOP~E, on motion by Me~ber Vi]]a Men,her Doyen , it was , seconded by RESOLVED, that it is hereby DETERMINED this Board is without authority to grant the Special Exception use requested by applicant, Mattituck Auto Center, Inc~ for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision (as enacted by the Town Board on January 10, 1989). VOTE OF ~E BO~/~D: G0ehmin~e~. duly adopted. lk Ayes: Messrs. D'0yen, Dinizi0, Villa, Wilton and This resolution was /~ GEP3~ P. GOE~LRINGER~, CHAIRMA~ ~ / APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Vilh~ Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 18, 1993 Re: Project of Mattituck Auto Center, Inc. and William Goodale at Mattituck, NY Appeal Files under No. 4119, 4120, 4093, etc. This will confirm that I am fully familiar with the property and have read all documents submitted under this file and the previous submissions under this project of record with the Board of Appeals, including the hearing transcripts and previous determinations rendered by the Board of Appeals. HARVEY A. ARNOFF Town Attomey MA'[THEW G. KIERNAN Assistant Town Attorney MEMORANDUM TO: SCO'I'F L. HARRIS Supervisor OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: RE: Harvey A. Arnoff, Town Attorney William Goodale DATE: August 11, 1993 In response to your memorandum to me, be advised that I never advised anyone that the portion of the code applicable to Mr. Goodale was unconstitutional. Consequently, either Mr. McLaughlln was mistaken or he has misinterpreted my comments. Should you wish, I will be pleased to appear before the board to discuss this at any future date. Kindly let me know. HARVEY A. ARNOFF Town Attorney MA~I'HEW O. KIERNAN Assistant Town Attorney SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD , //~'~~ MEMORANDUM TO: Zoning Board of Appeals FROM: RE: Harvey A. Arnoff, Town Attorney William Goodale ~'~' ~ DATE: August 11, 1993 In response to your memorandum to me, be advised that I never advised anyone that the portion of the code applicable to Mr. Goodale was unconstitutional. Consequently, either Mr. McLaughlln was mistaken or he has misinterpreted my comments. Should you wish, I will be pleased to appear before the board to discuss this at any future date. Kindly let me know. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 29, 1992 Appeal No. 4119SE Project Name: Richard G00dale and Mattituck Auto Center, Inc. County Tax Map No. 1000- ]22-6-30.] Location of Project: 7655 Main Road, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Permit authorizing: (a) new car sales establishment,(b) accessory use-sale/lease of used vehicles, (c) outside display of vehicles, (d) accessory office use/new car establishment This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town }/all, Main Road, Southold, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 29, 1992 Appeal No. 4ll9SE Project Name: Richard G00dale and Mattituck Auto Center, Inc. County Tax Map No. 1000- 122-6-30.] Location of Project: 7655 Main Road, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Permit authorizing: (a) new car sales estab]ishment,(b) accessory use-sale/lease of used vehicles, (c) outside display of vehicles, (d) accessory office use/new car establishment This Notice is issued pursuant to Part 617 of' the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has .declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site il~rovements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc ~TATE OF NEW YORK) ) SS: COUNTY OF SI~'~'OLK) [~CC;-~._ Co-~/.~w~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southuld, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for I weeks successively, commencing on the [(~"ur'kdayof~ 19 Principal Clerk Sworn to before me this dayof --~ 19 ~ CATHERINE A. O'BRIEN Nolay Public, Stale ol New Y~ No. 4966586 Qual~ied in Suff0ik Coun~ Commission Exiles Law and thc Code of the Town of 8 ,llOCD TOW IULY 29. 199Z comn following times: GLADY ' · · 1~-2~9 4B for c~n 'dc aid scthack, insufficient p ~V: 240 ~oB Circla, ~st Mar- r C~unty %x Map District 1~0. ion, . ~ nlock 5, Lot 15; Gar- ~:37 p.m..~P~TLA sCllMIDT. sTEPHEN A~P ~ A~cle XXIM. at 340 Bay I .... Lot No. "Map of Bay itav~n . Sec- 0 m App N°'4023--cEL' 7:4 g'~W~E{fltoNE CO. d/bis LULA~ ~ Appeal METRO ONE. q~is is an arch 14, 19~1 Naica of Disap- ~;-d 104 ft height of a mono~l% .... for rad,o transmission, ~-aance from ~e he~ghk [~ sldg of Elqah s ~--~d ~YS Route ly Side of thc Ma~ l~ ZS). ~ c g ~ su~ ~si°n'aP~°~ed of Ma 15 1990 Pr~fly now Others; County tax t~{,, · t : (N415) West Y Elij' h's Lane an ' ')map of May 15, 1990; pro.nY now ~r formerly of William J, Baxter and Others; County Tax Map Parcel iD No. 1000-108-4-part of 11, 8:00 p.m. Appl. No. 4116 -- LINDA TAGGAR'E Th's~ is an Ap- pea1 of the March 13, 1992 Notice of Disapproval issued by the Build- ing Inspector under Article XIV. Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along thc Main Road 76,46 feet, and lot depth 125.0 feet. At the time of transfer of title, thc property was located in thc B-Light Business Zone. Today. the propccty is located in thc Ligbt Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenporl: Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m.'Appl. No. 41175E -- LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-13lB, as refer- enced from Article XIV, Section IO0-141B for permission to estab- lish retail gift shop in this Light Industrial (LI) Zone District. Loca- tion of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; Coun- ty Tax map Parcel ID No. 1000-53- 2-2. 8:25 p.m, Appl. No, 4120 -- WILLIAM GOODALE AND MAT- TITUCK AUTO CENTER, INC, Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscap- ing provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road). Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previ- ously 30), 8:30 p.m. AppI. No. 41195E -- RICHARD GOODALE AND MAT- TITUCK AUTO CENTER, INC. (Tenant). Special Exception to thc Zoning Ordinance Article X, Section 100-10lB(12) for a permit authoriz- ing: (a) a new car sales estab- lishment; Co) an establishment of an accessory use incidental to tile pro- vehicles; (c) outside display of vebi- cles, (d) accessory office use inci- tion of Property: 7655 Main Road (NYS Route 25). Laurel, near Maui- tuck. NY: County Tax Map Parcel No. 1000-122-06-30.1 (prey. 30). 8:45 p.m. 0~,econvcncd from June 30. 1992) Apph No. 4091 -- EU- GENE M. LACOLLA. Variance to the Zoning Ordinance, Article II1, Section 100-3lA and B, requesting permission to change us? of a pot- tion of the subject prefnises, from ~esidential to non-residential. Loca- tion of Property: North Side of Main Road (State Route 25), at Arshamo- moquc near Greenport, (abutting properlies of Ilollister's Restaurant Mill Creek Liquors, Tbe Pottery Place. crc.): County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m, Appl. No, 4072 -- Appl. No. 4072 -- VARUJAN AND LINDA ARSLANYAN, Appeal of tbe November 26, 1991 Notice of Disapproval of Iht Building Inspec- tor for a Variance to the Zoning Or- dinance. Arliclc XXIII. Section 100-II 239.4A and Article XXIV, Section ] I00-244B, or Article III, Section 100-32. for permission to construct swimming pool and deck addition: with insufficient sidcyard(s) and with insufficient scthack from sound bluff/bank along the tong Island; Sound. Location of Properly: 54455 (North Side) of County Road 48, Grecnport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desir- ing to be heard concerning these applications. Written comments may also be submitted prior to the con- clusion of the subject hearing. Each hearing will not start before the time designated above. For more infor- mation, please call 765-1809. Dated: July 14. 1992. GERARD P. GOEHRINGER CIIAIRaMAN By Linda Kowalski 7442-1TJv16 COUNTY OF SUFFOLKI~: STATF. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and Ihat the notice of which the annexed is a printed copy, has heen .r)tlhJishe( in said Long Island Traveler. Watchman once each week for · ........ / weeks successively, commencing on the ......... //~f~' ~' ay~]~/ ...... 19.? .~:-.. d .C;worn lo hefore me Ibis / ~' · ' .................... day or .......... ....... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, si?re ol New York No. ,1~0B$46 QuaElied in Sulfolk County/ Commission Expires NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Sectior~ 267 of the Town Law and th~. Code of the Town of Southold, the following matters will be' held for public hearings before the SOUTHOLD TOWN: BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New, York 11971 on WEDNESDAY, JULY 29, 1992 commencing at, the following times: 7:32 p.m. Appl. No. 4118 ~ GLADYS J. MILNE. Variance. to the Zoning Ordinance, Arti- cle XXIV, Section 100-244B; and Article XXllI, Section~A 100-239.4B for permission t~ construct deck addition with in, sufficient side yard setback, in- sufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Proper: ty: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XX1V, Section 100-244B for permission to construct deck ad- dition with an insufficient rear yard setback at 340 Bay Have~:a Lane, Southold, ',Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. 7:40 p.m. AppL No. 4023 -- CELLULAR TELEPHON,E CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Ar- ticle XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant re- quests a variance from the height restriction. Location of Property: (#415) Westerly side of E~ijah's Lane and the Norther?bg ly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board Subdivision-approved map of May 15, 1990; property now or formerly of Willam J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4 oart of 11. p.m. AppL No. 4022SE -- CELLULAR TELEPHONE CO. d/b/a METRO ONE. Re- quest for Special Exception ap- proval under Article VIII, Sec- i tion 100-8In(I) and Article llI, Section 100-31B(6) for an un- i manned telecommunications ! building in an existing concrete I block building and construction ~0 of a monopole radio tower witht antenna for transmitting and ! receiving radio signals to provide ! cellular telephone services. Location of Property: (/5'415) I Westerly side of Elijah's Lane . and the Northerly Side of the ' Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision- appproved map of May 15, 1990; property now or formerly ~ of William J. Baxter and Others; ~ County Tax Map Parcel ID No. i 1000-108-4-part of 11. I 8:00 p.m. Appl. No. 4116 -- I LINDA TAGGART. This is an Appeal of the March 13, 1992 I Notice of Disapproval issued byii the Building Inspector under Article XIV, Section 100-1427 and Article XXIII, Sectiod 100-239.4B for approval or i recognition of lot with a~l substandard size of 15,285 sq. I ft., lot width (frontage) along i the Main Road 76.46 feet, and i lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the pro- perty is located in the Light In- dustrial (Ll) Zone District. Location of Property: 68320 Main Road, Greenport; Map of i Peconic Bay Estates LOt Nos. 185 and 186; County Tax Map I Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE -- . LINDA TAGGART. Request for ' x a Special Exception under Ar~ I ticle Xlll, Section 100-13In, as I referenced from Article XIV, Section 100-14lB for permission i to establish retail gift shop in i this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates LOt Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE AND MATTITUCK AUTO CEN- TER, INC. Variance to the Zon- ing Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping pro- visions of the zoning code. Location of Property: 7655 NYS .ko Route 25 (Main Road), Laurel,/' near Mattituck, NY; County Tax Map Parcel No. 1000- 122-06-30.1 (previously 30}. 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-10In(12) for a permit authorizing: (a) a new car sales establishment; (b) an establish- ment of an accessory use in- cidental to the proposed new car ' sales establishment for the sale ~ and/or lease of used vehicles; (c) I outside display of vehicles, (d) accessory office use incidental to the new principal use as a new . car sales establishment. Loca- ~ tion of Property: 7655 Mainfl Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000- 122-06-30.1 (prey. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091 -- EUGENE M. LACOLLA. Variance to the Zoning Or- dinance, Article Ill, Section 100-3lA and B, requesting per- mission to change use of a por- tion of the subject premises, from residential to non- residential. Location of Proper- ty: North side of Main Road~ (State Route 25), at A~~: shamomoque near Greenport, ' (abutting properties of I Hollister's Restaurant, Mill (~ Creek Liquors, The Pottery/, Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24and 19. I 9:00 p.m. Appl. No. 4072 -- ' VARUJAN AND LINDA i ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building In- ' spector for a Variance to the Zoning Ordinance, Article~ XXIll, Section 100-239.4A and Article XXIV, Section 100-244B, or Article Ill, Section 100-32, for permission to construct swimming pool and deck addi- tion with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Loca- tion of Property: 54455 (North Side) of County Road 48v Greenport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or represen- tatives desiring to be heard con- cerning these applications: Writ- ten comments may also be sub- mitred prior to the conclusion of the subject hearing. Each hear- ing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX-7/16/92(6) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 SouthoM, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Mailing List of Legal ~Ftice Copies mailed 7/14/92: for Ju~y 29, 1992 He gs: Mr. and Mrs. R. P.O. Box 394 East Marion, NY Milne 11939-0394 Allen M. Smith, Esq. (Re: 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 J. Kevin McLaughlin, Esq. P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 (Re: Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 (Re: Mr. and Mrs. F.M. Flynn P.O. Box 144 Southold, NY 11971 (Re: Mr. and Mrs. Yarnjan Arslanyan Apt. PH-11 - South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Townsend Smyser 302 Prospect Street Ridgewood, NJ 07450 Mr. and Mrs. Stephen Schmidt 450 Bay Haven Lane Southold, NY 11971 Cellular Telephone Co.) Moore & Moore, Esqs. P.O. Box 23 Mattituck, NY 11952 Mrs. Linda Taggart Box 249 Southold, NY 11971 Goodale) LaColla) LaColla) (Re: Arslanyan) Mr. and Mrs. Richard Sherman P.O. Box 1002 Southold, NY 11971 Mr. and Mrs. Wilbur C. Allcot 527 Paramus Road Paramus, NJ 07652 Mr. Robert H. Whelan, P.E. P.O. Box 590 Mattituck, NY 11952-0590 (Re: Arslanyan) (Re: Arslanyan) (Re: Cellular Tel.) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: July 10, 1992 RE: Zoning Appeal No. 4119 -~William Goodale'~ ~)/~#~P Mattituck Auto Center Inc. Transmitted herewith is Zoning Appeal No. 4119 of William Goodale for a special exception. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; copy of New Elctric Car Dealership Agreement; copy of Official Business Certificate; letter to Southold Town Clerk from J. Kevin McLaughlin requesting a waiver of the fee; copy of lease; Notice of Disapproval from the Southold Town Building Department, dated March 2, 1992, signed by Victor Lessard; copy of letter from Suffolk County Planning Department to ZBA stating the application be considered a matter for local determination, dated June 9, 1992; letter from ZBA to Mr. McLaughlin for Denial Without Prejudice dated June 8, 1992; copy of Certificate of Occupancy dated March 1, 1982; copy of Certificate of Occupancy dated June 11,1984; copy of letter from the Southold Town Planning Board to Mr. McLaughlin dated April 15, 1992; letter and attachement to Mr. McLaughlin dated May 29, 1992 giving Board's decision of Appl. No. 4093. Judith T. Terry Southold Town Clerk Copies of the Legal Notice of Hearings for 7/22 sent to the following on 7/6/93: Stephen L. Ham III, Esq. Re: Ferguson 45 Hampton Road Southampton, NY 11968 Mrs. Kelly McDermott P.O. Box 2002 Orient, NY 11957 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Mr. and Mrs. James P. 29 Bradford Lane Bethpage, NY 11714 Leddy Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 Mr. and Mrs. Thomas Duff, Jr. 34 Hunter Road Manchester, CT 06040 Re: Tasker Re: AARB Mr. and Mrs. Roy Berman 79 Macke¥ Avenue Port Washington, NY 11050 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue Southold, NY 11971 Ardnt Construction 64 Circle Drive North Patchogue, NY 11772 Re: cliffside Associates Re: Goodale/Mattituck Auto Re: Austine Re: Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 L.I. Traveler-Watchman, Inc. - Times-Review courtesy copy ZBA Board Members with copies of each pertinent file Town Clerk Bulletin Board (in lobby) Building Depar%ment Attn: C. Horton Planning Board:Chairman R. Ward Town Attorney ~. Arnoff TOWN OF SOUTHOLD, NEW YORK mi, APPLI~m~ION FOR SPECI~d. EXCEPTION RE(:EIVEI) TO THE ZONING BOARD OF APPE&LS, SOUTHOL~ ~ ! (~), ~ICUARD GqODALE, as President. of Mattituck Auto Cen%er,~9~L4tol4~l~,.~ 7655 Rt. 25, Mattituck, NY (Residence', HOuse No.'Lahd Street) zip Code, m~epho6e~Nur~b~r) hereby apply to THE ZONING 80ARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE X , SECTIONioo-IoiB(i~)SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): /as an office Downstair~ of f.ront building to be used fg- ~h~ ~=/]~=~ ~f used vehicles as accesory to the sale/lease of new vehicles Also, outside display of vehicles. Pre-existin~ non-conforming residential use to continue,as allowed. A. Statement of Ownership and Interest. w~ ,~ ~ ~a~,~ is(are) the owner(s) of property known and referred to as 7655 Main Road, Laurel.NY (House No., Street, Hamlet) Mattituck Auto Center, Inc. is lessee pursuant to lease dated 6/1/92 identified on the Suffolk County Tax Maps as District 1000, Section 122, Block o6, Lot(s) 30.1 , which is not (is) on a subdivision Map (Filed "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on .T,,~y ~a:.lqS9 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The Zoning Ordinance lists the proposed use as one which is appropriate for Special Exception consideration. It is comparable with the established development of the immediate area, xe. automobile service station, automobile maintaince facility, automobile body repair facility, as well as a re~ail shoppin~ center and business offices. C. The property which is the subject of this application is zoned Ge e ' sand [ ] i. 5 consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ x] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): prior non-conformi,n,~F~esiden~F)V.t~s [ ] is vacant land. ; COUNTY OF SUFFOLK) )ATT~TUCiK(AU~Q"~E~T~t% · ss.. .t ,.,. TOWN OF SOUTHOLD, NEW YORK APPLICON FOR SPECIAL EXCEPTION RECEIVED To T,E ZO, I,G 8OARO OF APPEALS. SOUT,OL UI 90)L . as President. of Mattituck Auto (ResidenCe,'H0use N0."and Street) --~: m~l.~, f~lA) 29~1~39 F '~ ' '' '-Sta~e, zip Code, hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE X , SECTION 100-101B(1~) SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): /as an office Downstair~ of f~ont building to be used o~ used vehicles as accesory to the sale/lease of new vehicles Also, outside display of vehicles. Pre-existing non-conforming residential use to continue,as allowed. A. Statement of Ownership and Interest. W~ll(~ ~.~m~l~ is(are) the owner(s) of property 'known and referred to as 7655 Main Road, Laurel,NY (House No., Street, Hamlet) Mattituck Auto Cen~er, Inc. is lessee pursuant to lease dated 6/1/92 identified on the Suffolk County Tax Maps as 'DistFict ]000~ Section 122, Block o6 , Lot(s) 30.1 , which is not (is) on a subdivision Map (Filed , "Map of "Filed I~p No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on .~,,~ y } m:. 1989 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The Zoning Ordinance lists the proposed use as one which is appropriate for Special Exception consideration. It is comparable with the established development of the immediate area, ie: automobile service station, automobile maintaince facility, automobile body repair facility, as well as a retail shopping center and business offices. C. The property which is the subject of this app]ication is zoned Ge e ' sand [ ] i5 consi~en~ with the use{s) described in the Certificate of Occupancy being furnished herewith. [ x] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): prior non-conformi,n,~F~esiderkq~F~,j~s [ ] is vacant land. COUNTY OF SUFFOLK) ~ATTITU~x~AU~Q"~E~T~,~/~/ 617.21 X. AppenDix C :State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTE~ AC~ONS Only. PART I--PROJE~ INFORMATION ~o be cqm~leled by A~licani or Proiect sgonso~ J. Ke~ ghlin, as agent ~. P~ECTN~E William Goodale 4. PRE~S~ Town of Southold ~u.~ Suffolk 7655 'M~in Road, Laurel, NY north side.of NY State Rt. 25, 450 fee~ eas~ of ~ray Ave.. Tax Map NO. 1000-122-06-30.1 Down. stairs of front building to be for the sale/ lease of used vehicles as accessory to the sale/lease of new vehicles non-conforming residential use to continue, as allowed · uluma,ew 36,155 sq ft ~. SEOR 9. WHAT IS PRESENT LAND USE JN VICINI['y OF PROJECT'/ automobile service station, automobile maintaince facility, automobile bc facility,as well as a re,ail shopping cinter and. business offices. m. OOaSmT&TE~=T~O,OS ~u?~NVO~E ~ "~aM~T *~%"OVau Ua FUNmN% N~W Oa UUT~MaT~y FAOM any OT~ GO~NMENT, L ~ lrYi~listag~(s) afldpermivapprovml Site Plan approval from the Sou~hold Town Planning ~ard ~ YeS ~ tJo I ' UO PE~IT OR APPROVAL? ~Ylb, limlage~namea~p~uapmM~ Certificates of Occu~Rc No~. Z10885 and Z12534 Prior Variance granted under Appeal No. 3521 the livable floor area of the front dwelli, n~ unit 12. AS~yesA RESULT ~NoOF PROPOSED A~T~ON WiLL EXISTING PERMiTiAPP~vAk REQUIRE MODIFICATION? * I CERTIFy THAT THE INF PROVIDED TRUE TQ THE GEST OF My KNOWLEDGE is in the Coastal Area. and you ;~re a Stale agency, campiele Ihe ASsessment Form betore proceecling Wilh Ibis assessment OVER 1 (Co~.;.,,~ ,... _... oo (dj Bn~ronmenc3~ Assessmen~ %' ~ pro~ec~ resu~ ~n a large pAys~ca~ chan~e 2. Will there be a ma~er Chance to any unique 7. W~li pro~ecc result in a ~a3or adverse e~ecc on''''~es .~wn ~ be ~po=c~c co cae co~un~? LO. W~IL pFo~ecc have ~ m~o~ e~ac~ on ex~s~flq ~u~ure recreational opporcun~C~as~ Il. Will P~ojec~ result iff ma~or ~ralllc PrOblems ' sysCems~ . ~2, ~L~% Pro~ecc regularly cause ob~eccionabla odors~ noise; qlGre, Vi~r~czon, o= electrical discusS. anco as a fOlu~C Q~ CAe pro]ecc's operat~on~ ~Yos ~NO ~3. ~ill pro~occ have any impact on public 14. IVll~ prelect G~occ tho ex~scinq CO.unity by ~s X~o QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of %he owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) ~h=r~ ~nn~]m - President of Mattituck Auto Center, Inc. tenant B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} No. (Xf Xes, t~Lease a~-h cuff of "conditions- of sale.} C. Are there ~u~osals tD uhange~r altera~:~n~ ~untours? {X } Yes { } No Some slight change or alter ~on of land contours may be necessary for parking area D. ~] Are there any areas which contain wetland grasses? ~ Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property ~ul~--~d between the wetlands'ar~a and the upland buildlng area? N~ 4. If your property contains wetl~or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N~A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet ~ove, mean sea level? No (If not applicable, state N.A.') ~..Are there any patios, concrete barriers, bulkheads or fe ich -~t and are -~ -~ ..... nzas .......... · ,~ ~-u-, u~ .=ne survey map that you ar~ ~ummlc=lng? N~ If none exist, please state "n~ne." G. Do you have any construction taking place at this time concerning your premises? NQ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at th's . Parcel2 priQr non-con~orming residences and profes~al~uslness office use proposed ~e~ ae -e:x~ ~7, 10/901k office us.e to sale/le~se of ~newr vehicles o~. used vehicles as § 97-13 WETLANDS § 97-13 TOWN ~ The Town of SouCheld. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [Addod ~ by L.L..No. 6-1984] Wk;TLANDS [Amended 8-26-76 I~' ILl. ~o. 2-1976; 3-26- 85 by I~T. N~. 6.-1985]: ~'C,,~-'t'.~', TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, llate or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, rials and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworls, sea lavender, tall cordgrass, high bush. cattails, groundie. L marz~,"-~low a~d low (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with. in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." -% 3 - 25- ss ~~%'~X~g~ 1050 Youngs Ave., PO Box 1210 ~AS]~'X~k~X~X Southold, New York 11971 765-6085 June 19, 1992 Southold Town Clerk Town Hall, 53095 Main Road Southold, New York 11971 Dear Ms. Terry: I have enclosed a copy of my letter to the Board of Appeals dated May 29, 1992, and the response date June 8, 1992. Request is hereby respectfully made to the Southold Town Board to waive the additional filing fee in regard to my clients' reapplication for a special exception. Initially, an application, including the requisite filing fee, was filed on behalf of my clients for a special exception to allow the operation of a used car business on their property located along the Main Road in Mattituck. That application was denied on the basis that solely a used car lot was not allowable. Thereafter, I filed a second application for a special exception for a new and used car lot, including the filing fee. After the public hearing on this second application, I was under the impression that the Board of Appeals was to delay a vote thereon pending receipt of a new and used car dealer business certificate, which had been applied for, but not yet received. Instead, on May 18, 1992, the Board of Appeals rendered its decision denying the application, without prejudice to resubmit same upon obtaining the new and used car dealer business certificate. My clients are now in possession of said certificate and desire to reapply fgr the special exception. However, they and I feel that it is unfa.ir to require them to submit a third application fee for the same relief. In addition to the two prior application fees for the special exception, my clients have incurred a filinG fee for an area variance application and a site plan application, and it appears that they will need to incur yet another fee for a second area variance. Already, my clients have expended in excess of $1,000.00 in filing fees alone, and that figure does not include the fee for the second area variance, or the filing fee for the third special exception application, for which we herein seek a waiver. As a result, we hereby request that this Board, takinG into account all of the facts and circumstances set forth above, waive the requirement for the filing fee on my clients' third application for the same relief; namely, a sP~eCial exrption' · Very tru~ ~O~r~,'//~ Ency. ( 'i JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 SOUTHOLD TOWN BOARD DECEMBER 8, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilman Thomas H. Wickham, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:45 A.M. For Discussion Items: (1) Proposed agreement between the Town and Village of Greenport for hydrants in the East-West Fire Protection District. Hydrant costs for 1993;-1997 has been received from the Village, but the Board feels the increase is too high. Assistant Town Attorney Kiernan will arrange for negotiations. 10:00 A.M. - Richard Hilary, Chairman of the Stewardship Task Force, met with the Board to give them a progress report. He submitted a suggested Request for Proposal for consulting services to the Task Force, and a tentative list of planning experts who might be invited to submit a proposal. The Town Attorney will put in proper legal form. Also discussed was the need to get the community survey under way. Mr. Hilary will 'return to the Board monthly with a progress report. 11:25 A.M. - For Discussion Items (continued): (2) Memorandum from Solid Waste Coordinator Bunchuck to Commissioner of Public Works Jacobs informing him that the existing system for recycling corrugated cardboard at the Collection Center is inadequate to handle all of the cardboard that would be brought to the Center if the recycling ordinance were fully enforced. Mr. Bunchuck submitted three possible options: use large capacity compactor or horizontal bailer, use roll-off containers, use a walking floor or push-out type trailer. The proposals will be submitted to the Solid Waste Management Task Force. (3) Request from Town Historian Booth to attend 1993 Association of Towns (see resolution no. 20). Also, discussion relative to need to hire a bus for transportation to the Association of Towns. Town Clerk will discuss arrangements with Shelter Island. (4) Interviews of applicants for the vacancy on the Board of Assessment Review will be set in January. (5) Councilman Penny brought before the Town Board the question of the elimination of strip stores/malls from all zones. During the 10:00 A.M. meeting with Richard Hilary it was agreed this question should be included in their survey. (6) The request of Kevin McLaughlin, attorney for Richard Goodale, for a change to the Zoning Code to permit the "sale of used vehicles" without the necessity of doing so as accessory to the sale of new vehicles", was discussed, along with a memorandum from Board of Appeals Chairman Goehringer pertaining to this subject. Mr. Goehringer advised the Board that although the ZBA has an application pending for a new-car dealership proposal, the request by Mr. McLaughlin would not properly be in the province or discretion of the ZBA if it merely involved discussions for a code change concerning used-car sales (without a new-car dealership), and should have no effect on their determinations since the ZBA action must be based upon the zoning law in effect at the time of the decision. After considerable discussion it was agreed to ask the Stewardship Task Force to take up the subject End possibly ..... ,~,,~-stion of a "stand alone used car lot" on their survey. The Planning and .... ,6,, address the question in the near fl,* .... ~"' - PEGONIG MATTITUCK AUTO CENTER, INC. 7655 RT. 25 P.O. BOX 567 MATTITUCK, NY 11952 1164 _19 THE o,oE, o, . I $ ..~'0 0 0o_ RS DOLLARS NORTH A BAN K ~ Mattituck. NY ,,. ,, . . MATTITUCK AUTO CENTER, INC. 1177 7655 RT. 25 P,O. BOX 567 50-7911214 BOARD OF APPEALS, TOWN OF SOUTHOLD in the Matter ct the Petition of J. Kevin McLaughlin for Richard &:· NOTICE : TO I~o fhe Board of Appeals of the Town nf Southold : ADJACENT TO: Troy & Joan Gustavson Box 247, King St.Orient,NYPROPERTY OWNER 11957 Parviz Farahzad PO Box 209, Lotowana Lane, Stony Brook,NY 11790 Harvey Bagshaw, New Suffolk Ave., Mattituck, NY 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of ~ne Town of Southold torequest a ~(Special Exception):~.~irm~ ~Ot~er) [circle choice] 2. That theproperty which is the subiect of the Petition is located adjacent to your proper~y and is des- cribed as follows: 7655 Main Road, Laurel, New York ' North si~e of NY State Rt. 25, 450 feet east of Bray Ave. 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b~ such Pezitiun, the undersigned will request the following relief: Rp~ial ~×~pt~on for the sale/lease of used vehicles as accesory. ~n ~h~ ~alm/l~a~ nf new vehicles $. That the provisions of the Southold Town ZoningCode applicable to the relief sought by the under- signedare Agtic:le × Sec'c/on 100-101 B (12) [ ] Section 280-A, Ne~ York To~n Law for approval of access over r'ight(s)-of-way: 6. That within five days from the daze hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B(~ard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers publisk)qd Town of Southold and designated for the publication of such notices; that you ,o;-1, op~.~r~es)gtativ.~ bai right to appear and be heard at such hearing. ~ ) ~/ ~titio~Kevln McLa~hl~, a~ ~ 0w"e ~/'lName s :~ichard~Wi 1~ ~n,,~hnld. NY 11971 Tel. N0. ( 516 ) 765-1410 in the agent oodale for [Copy of sketch or plan purposes.] showing proposal to be attached for convenience PROOF OF MAIl. lNG OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAM~ Troy & Joan Oustavson Parviz Farahzad Harvey Bagshaw ADDRESS Box 247, King St., Orient, PO Box 209, otowana La.a, New Suffolk Ave., Mattituck, P 895 937 563 ~_. Certified ~ceipt ~ No Insurance Coverage Provided Do not use for International Mail ~TEOSTA'E' (See Reverse) PO, State & ZIP Code Certified Fee [ ,/ , ~O STATE OF NEW YORK ) COUNTY OF SUFFOLK) J.Kev. in McLau~hlin , residing at RaRe. Mar4r~n. ~4¥ , . ~ , being duly sworn, deposes and says that on the ~ of ~ _ .19 q 7 ~ deponent mailed a true copy of ~he Notice set forth on the r~ ver~e tide he~e6f, directed ~each of the above-named persons at the addresses set opposite their rmpective names; that the addresses s~opposite the names of said persons are the addresse~ of said persons as shown on the current ~smsment roll of the Town of Southold; that said Noticm were mailed ~ th~United Sta~s~st Of- ficea~ Southold. NY , ' ;tha~saidNo~icesw~,:'i~J~~~ w n b fore ~ Notary Public, State of New York No. 4872093, ('~,n~y of Sulto!k Yerm Expire,= September 22, (This side does not have to property owners.) be completed on form transmitted'to' adjoining T/2k/2 ~ ~ GARRETT - 4 - fo---b, -> t 'i;~ ;r~-- M T I A L.-- A. STRANG architect Main Road P.O. Box 1412 Souihold N.Y. 11971 516- 765 - 54-55