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HomeMy WebLinkAbout4093 ~,PPEA~S 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 ACTION OF THE BOARD Appl. No. 4093. Application in behalf of WILLIAM GOODALE, as owner, and RICHARD GOODALE (Tenant) for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of use vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. Location of Property: 7655 Main Road, Laurel (near Mattituck), NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on March 25, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 2. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the .'P~e 2 - Appl. No. 4093-SE (Goodale) Decision Rendered May 18, 1992 side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming single-family residential use, which structures were built prior to April 23, 1957 and are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 3. This is a variance application appealing the MARCH 2, 1992 Building Inspector's Notice of Disapproval concerning the lot area requirement for a proposed third principal use. The third use proposed will require a Special Exception from this Board, which is pending at this time under Application Number 4093, for: (a) proposed outside sales, storage, parking and display of used cars and other used vehicles; (b) proposed sales, leasing, and business office uses, to be located as a secondary principal use in the front building, in addition to the existing principal residential use of this building and existing principal residential use of the rear cottage structure. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence would be limited to approximately 640 sq. ft. (the second floor only of the front building). 4. Reference is made to the following requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses were established at the premises except for two single-family residences; (c) subsequently, on June 4, 1986, an application was made to the Board of Appeals under the bulk schedule of the zoning code {our File No. 3521} for permission to reduce living area in one of the nonconforming dwelling units in order to add an accessory home occupation, to wit: lawyer's office for Andrew Goodale which in 1986 would be permitted only as an accessory to the residence of the professional. The accessory home occupation (lawyer's office) was proposed to be located within the existing residential area of the front principal .'P~e 3 - Appl. No. 4093-SE (Goodale) Decision Rendered May 18, 1992 building, without physical enlargement of the principal structure and without expansion of any nonconforming living areas remaining at the premises. The Bulk Schedule of the zoning code (Section 100-31) in 1986 required a minimum livable area of 850 sq. ft. per dwelling unit. A variance was granted to allow a reduction in the livable floor area of the dwelling unit to 767 sq. ft., however, no occupancy was made by Andrew Goodale, the owner/applicant in 1986. It is personal knowledge of board members that the premises was used solely for single-family residential occupancy, without change for an accessory home occupation-lawyer's office, as the permit records show over the years. Although there was some interest in 1986 to add the accessory lawyer's office, the interest was abandoned by Andrew Goodale over the next year or so. (d) Later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing. (e) On October 31, 1991, an application for a Special Exception was applied for under Appl. No. 4066 requesting a permit to sale, store, display and park used cars and used vehicles. That Special Exception permit was denied on Decem- ber 16, 1991 for several reasons (please see specifics of determination filed with the Town Clerk on January 9, 1992}. At this time, area variances were necessary for this new use on this parcel. Also, it should be noted that proposed used car sales and leasing establishments are permitted only as an accessory use to a new car sales establishment or dealership -- which proof was not substantiated in the record. (Approvals are also necessary by the Town Planning Board under the site plan regulations of the zoning code, as well as the Town Building Department, and other County and State governing agencies.} 5. The provisions of the zoning code under which this application has been made is Article X, Section 100-101B(12) which reads as follows: .... 100-101B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: ... (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and .Page 4 -Appl. No. 4093-SE (Goodale Decision Rendered May 18, 1992 trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of 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 fro any street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. (h) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home... 6. Section 100-10lC, subsections (1-4) of the General "B" Business zoning regulations provide for specific uses which are ~'P~e 5 - Appl. No. 4093-SE (Goodale) Decision Rendered May 18, 1992 also permitted -- only as accessory uses and subject to site plan review. The used car sales and leasing and principal sales office use are uses addressed in the Zoning Code as accessory uses to a new car sales establishment or dealership. These uses are not permitted, of course, as an accessory to any residence or other principal uses. 7. At this point in time, the applicant/owner and/or tenant has not obtained an amended license by the State of New York or any other licensing or permit agencies to establish a new car establishment or dealership under the facility name "Mattituck Auto Center" or Richard W. Goodale. This documentation is necessary. The only documentation submitted is an (unreceipted) copy of an application to be filed for an amendment to the "used car sales license." Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Villa and Grigonis, it was RESOLVED, that the Special Exception be and hereby is DENIED for the above-stated reasons, without prejudice (to reapply by July 31, 1992). In the event an application is being re-filed for a Special Exception, the application must be filed by the owner and/or authorized tenant, or a person or corporation having a direct interest in the property. In order to comply with Condition No. 4 of the area variance for alternative relief under Appl. No. 4092, the application for a Special Exception permit must be filed, together with appropriate licensing documentation, not later than July 31, 1992 (which is "...120 days from the area variance determination"). Vote of the Board: Dinizio and Goehringer. margin). Ayes: Messrs. Villa, Doyen, Grigonis, This resolution was duly adopted (5 - 0 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 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 NOTICE OF HEARINGS 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 BO~RD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY,MARCH 25, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4090 -MR. AND MRS. H. LLOYD KANEV.. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road ~3), East Marion, NY; County Tax Map Parcel ID 1000021-01-27.1 (inclusive of Lot 9s 11, 13.3, 27, 29, & 30). (2) 7:40 p.m. Appl. No. 4086 - ANTHONY AND HELEN COUTSOUROS. This is an application requesting a determination confirming or Southold Town Board of Appeals recognizing this nonconforming vacant lot as a substandard lot, under Article III, Section 100-32A, and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 feet. (3 & 4) 7:45 p.m. Applications by WILLIAM C. GOODALE (Owner) and RICHARD GOODALE (Tenant) concerh-ing premises known as 7655 Main 'Road, Laurel (near Mattituck), NY, County Tax Map Parcel No. 1000-122-.06-30.1 (previously 30), under: (a) Appl. No. 4092 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 principal use is for the establishment of new car sales and for the establishment of an accessory Use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a Southold Town Board of Appeals 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. (b) Appl. No. 4093 - WILLIAM C. GOODALE (Owner) for a Special Exception under Article X, Section 100-101B(12) for a permit authorizing: (a) ~ new car sales estblishment, (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. (5) 8:00 p.m. Appl. No. 4070 - DALCHET CORP., WILLIAM AND LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed Lot No. 3 containing less than 80,000 sq. ft. in this R-80 zone district {the remaining four lots will meet the 80,000 sq. ft. size requirement}, and/or: (b) Article XVIII, Section 100-181C(2) density of District. for approval of the total area of 9.04 acres for a five proposed lots in this mixed R-80 and R-40 Zone Location of Property: Westerly side of Harbor Lane, -5- Southold Town Board of Appeals Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. (6) 8:20 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. This is an appeal for an interpretation, resulting from the October il, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that aquacultural use falls within the purview of agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-04-23; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/7~3. 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. For more information, please call 765-1809 or visit our office. Dated: March 5, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/10/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..V.%~.*..~..,.~.-: .......... · .~....o~. L.~...¥.. ............. ~... PLEASE TAKE NOTICE that your application dated .......'~...o~...~.... for pe~it to ~..~..~.~ '' '"' ~-~-~-~..~ .... at Location of Property . .~.. ~ ~d. House No. -- Street ...... County Tax Map No. 1000 Section . .[ ~.~ ...... Block ... ~.~ ....... Lot . .~. t .~ ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follo,ving grounds .~'~ ~.~. ~,..~.. C.~ ,. ~. ~.~.. ~~. ~..~.. ~. ~.. · .~ ........................ :_.~ .......... )...G ......... , ............ .. ......... ..... ................ Building Inspector RV 1/80 I1¢11¥11 FOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION ~~D OF APPEALS, SOUTHOLD, NEW YORK: Application No. Date Filed: _-- J. Kevin McLaughlin, as agent for Richard & ~'- ~',r W i' i l'~am Goodale 0~050 Younqs Ave. PO Box. 1210 (Residence, House No. and Street) Sol]~hnld~ NEW Ynr~ 1 lq71 Tpl _~m. (KLM) 7~_lJl~ (Hamlet, State, Zip Code, Tel~phone-Nu~b%T~ hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE x , SECTION 100-101B(12,)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 Downstaire of front building to be used f~ *B= :m~:/l=m~o 0f 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~ 111~m ~1~ property known and referred to as is(are) the owner(s) of 7655 Main Road, Laurel,NY (HouSe No., Street, Ham]et) identified on the Suffolk County Tax Maps as District lbO0~ Section 122, Block 06 , Lot(s) 30.1 , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southol'd Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on J, l y 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 compatable 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. The property which is the subject of this application is zoned General Bu~ine%sand ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. L for the following reason(s): prior non-conforminIF~resider [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: isoz~ ay Febr [ , 1992 /(Nota~r~' Public) I~ONALD I~ McGAYHC-~ Notary Public, State of New York ZB2 (rev. 2/6/86) No. 487:~,=.T3, County of Suf~olk_ ~ is not consistent with the Certificate of Occupancy being furnished herewith uses OWNER TOWN OF S~THOLD I~OPERTY '~CORD CA,RD RES. Z ] o LAND AGE NEW Tillable Tillable Tillable 3 Brushland House P.~t/ IMP. /goo /~ ~ ~.~ /?~o VL TOTAL FARM DATE VIL~GE COMM. [ IND. REMARKS BUILDING CONDITION · NORMAL BELOW ABOVE _..~,,~)t',r~E~)~ATER - - ,., -" Acre Value Per Acre Value F._ .... -- - BULKHEAD DOCK M. Bldg. I F°undati°n C,~ It'~"~l Both Extension /n '~,~) ~'~/) Basement ~iO~V~ Floors Porch Rooms 1st Flor Breezeway ,~! ~ Patio Rooms 2nd Flor O'B'. , ,P List 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. fto 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. (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 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 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 29, 1992 J. Kevin McLaughlin, 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Esq. Re: Appl. No. 4093 - Special Exception (New and Used Cars) Dear Mr. McLaughlin: Please find attached a copy of the Board's determination rendered in the above matter. Copies of this determination have also been furnished this' date to Planning Board the Building Department for their permanent records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning Town Attorney's Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, 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 :1.1.79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 11, 1992 J. Kevin McLaughlin, 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Esq. Re: Appl. No. 4093 - Goodale (Special Exception) ~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 Administrative Code of Suffolk County for projects located within 500 feet of a state highway. Very truly yours, Linda Kowalski Enclosure DEPARTMENT Of PLANNING COUNTY OF SUFFOLK ROBERT J. GAffNEY SUffOLK COUNTY eXECUTIVE ARTHUR H. KUNZ D~RECTOR OF PLANNING June 9, 1992 Town of Southold Zoning Board of Appeals Applicant: William Goodale, Owner and Richard Goodale, Tenant Mun. File No.: 4093 S.C.P.D. File No.: SD-92-8 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, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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 SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 8, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4093 - Denial Without Prejudice Dear Mr. McLaughlin: (Spec. Exc.) We are in response to your inquiry received on June 1, 1992 concerning the required fee for processing of a further application to the Z.B.A. upon receiving licensing approval from New York State with regard to sales of new vehicles by the owner (William Goodale) or tenant at the site. Since the Board of Appeals does not have authority to waive .fees for an application, you may wish to send your request to the Town Clerk. The Zoning Board members did not object to any waiver that the Town Board may grant or not grant. To date, you have applied for two Special Exceptions, both having been denied without prejudice. Very truly yours, GERARD p. GOEHRINGER CHAIRMAN lk p.S. Upon re-application, please be sure to submit documentation to show a direct interest of the person or entity holding the N.Y.S. license with the land (such as a lease, contract, joint agreement, etc). Board of Appeals Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ~~ 1050 Youngs Ave., PO Box Southold, New York 11971 765-6085 May 29, 1992 1210 RE: Appl. No. 4093 - Special Exception (New and Used Cars) Dear Members of the Board: I am in receipt of your decision dated May 18, 1992, wherein you denied the above-referenced application without prejudice to reapply by July 31, 1992. As I am sure you can appreciate, my client's application for a new car sales license has been pending with the Department of Motor Vehicles since prior to the hearing date of this application. To date, we have not received the amendment, although we have been advised that same is forthcoming. We have taken all steps within our power to expedite the process, but frankly, it is out of our control. Your decision provides for us to reapply upon obtaining said license. However, it would seem to be unfair to require Mr. Goodale to pay another application fee upon reapplication. Had I been advised of the Board's intentions in this matter, I would have suggested that a stipulation be entered into allowing the Board to postpone a final decision thereon until the applicant could obtain the required license or until the expiration of a reasonable period of time. To subject my client to an additional filing fee because another agency has not yet issued a license that was applied for months ago seems extremely harsh and unjust. I await your response at your earlies%f~n~enience. 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 SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 8, 1992 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4093 - Denial Without Prejudice (Spec. Exc.) Dear Mr. McLaughlin: We are in response to your inquiry received on June 1, 1992 concerning the required fee for processing of a further application to the Z.B.A. upon receiving licensing approval from New York State with regard to sales of new vehicles by the owner (William Goodale) or tenant at the site. Since the Board of Appeals does not have authority to waive fees for an application, you may wish to send your request to the Town Clerk. The Zoning Board members did not object to any waiver that the Town Board may grant or not grant. To date, you have applied for two Special Exceptions, both having been denied without prejudice. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk P.S. Upon re-application, please be sure to submit documentation to show a direct interest of the person or entity holding the N.Y.S. license with the land (such as a lease, contract, joint agreement, etc). Board of Appeals Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ~.~~ 1050 Youngs Ave., PO Box 1210 Southold, New York 11971 RE: Appl. No. 4093 - Special Exception (New and Used Cars) Dear Members of the Board: I am ~n receipt of your decision dated May 18, 1992, wherein you denied the above-referenced application without prejudice to reapply by July 31, 1992. As I am sure you can appreciate, my client's application for a new car sales license has been pending with the Department of Motor Vehicles since prior to the hearing date of this application. To date, we have not received the amendment, although we have been advised that same is forthcoming. We have taken all steps within our power to expedite the process, but frankly, it is out of our control. Your decision provides for us to reapply upon obtaining said license. However, it would seem to be unfair to require Mr. Goodale to pay another application fee upon reapplication. Had I been advised of the Board's intentions in this matter, I would have suggested that a stipulation be entered into allowing the Board to postpone a final decision thereon until the applicant could obtain the required license or until the expiration of a reasonable period of time. To subject my client to an additional filing fee because another agency has not yet issued a license that was applied for months ago seems extremely harsh and unjust. I await your response at your earliest/~ Pt~,OP, OF': ~ILL dOODA~E s.~.o, o~_ DATE 2_1C~ ~ JOB SHEET NO. OF Law and thc Codc o[ thc Town of Bu~S located in thc "Il" Gcn- ~o'cCcPum'i~w~a,s L, cc~ iml~-ovcd X, Section l~l~l B(12) for a pcmlit [5) 8:00 p.m. AppI. No. 4070 -- DALCIIET CORR, WILLIAM AND LORRAINE ORLOWgKI. Variance to thc Zoning Ordinancc, A~idc HI. Section 100-32. Bulk Schedule. for approval of: (I) proposcd Lo~ No. containing lcss fl~an 80,000 sq. ft. in tiffs R-80 zone district {thc remaining four lots will mcct thc 80,000 sq. ft. si;z: rcquircment}, and/or: (b) Arliclc XVIB, Scction 100-181C(2) for ap- proval of tim l~al ama ~f 9.04 acrcs for a dcnsity of fivc proposed lots in this mixed R-80 and R-40 Zone Dis- side of lladmr Lane, Cutcho§ue. NY; County Tax Map l'arccl No. 1000- 097-6-17 and 1000-103-I-20.5 and 20.6. ¢onlaining a total area of 9.04 (6) 8:20 p.m. Appl. No. 3975 -- ARTIIUR G. CARLSON. ~ris is an from d~c Octobcr 11, 1991 Nodcc of Disapproval from thc Building In- HI, $ccti~ 100-31A(2) for approval rural usc falls within ~xc i~r~icw of I0/1/79. STATE OF NEW YO$ SS: GOU#TY OF SUFFOLK) 0~ ~- O0 I~/1~-~] ~ of Mattituck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mat~ltuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for __L_ weeks s~/~y, commencing on the , .~--'~d'~ day of 19 Principal Clerk 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 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 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, GERARD P. CHAIRMAN GOEHRINGER By Linda Kowalski Enclosure Southold Town Clerk Town Hall, 53095 Main Road Southold, New York 11971 x~X~7~m~,X~Xo~ 1050 J~(~<l~'k~'~ksk~X Southold, 765-6085 June 19, 1992 Youngs Ave., PO Box !21~ JUN 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 ~llow 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 for the special exception. However, they and I feel that it is unfair 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 3, plan application, and it appears that they will need to incur vet a~nother fee for a secon~area variance. ~ . Alrea~y, my~lient~s have expended in excess of$1,000.00 in flllng fees alone, ~nd that figure does not include ~he fee for the second area variance, or the filin9 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 the requirement application for Encs. all of the facts and circumstances set forth above, waive for the filing fee on my clients' third the same relief; namely, a special exception. Very tru.I~; ~durs,'? . 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 June 19, 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 Mr. Troy Gustavson Times-Review Main Road Mattituck, NY 11952 Dear Troy: After reading the Goodale article of your June 18th publication, I find it necessary to correct the misinformation reported concerning Mr. Goodale's request for a waiver of a filing fee. My response to the two-fold question was that there have not been any conversations (since the last communications with Mr. Goodale's attorney) about the application fee and that I was not aware that the Town denied R. Goodale's request for a waiver of a fee requirement or that a letter was sent (to the Town Board). The only conversation since the Board's decision I had was with Mr. Goodale's attorney with respect to a possible request for a variance under the site plan regulations to be filed in the future (at the choice of the applicant) concerning a reduction of landscape buffer area. Unfortunately, the article was very misleading and created a false perception to the public. In order to provide factual information, I would also like to further clarify the status of this project and confirm that we have not received a reapplication with the appropriate proof and documentation necessary for Special Exception reviews. (It was suggested by your article that it was submitted.) Hopefully, the application will be filed within the next several days due to the time limitations of the area variance granted on April 2, 1992. (The code, by the way, provides that the filing fee is $300 for a Special Exception, not $500 as suggested by last week's article.) In the event a request for a waiver is filed (with the Town Board) concerning the next filing fee for a Special Exception application with the documentation and proof necessary, etc., ZBA members have indicated that they have no objection one way or the other (leaving it to the discretion of the Town Board as has been done in the past for refund requests when applications are withdrawn). Page 2 June 19, 1992 Re: Letter to the Editor (Goodale Article of 6/18) Thank you for publishing the above. Very truly yours, a Kowalski Office of the ZBA ~, 38 · The Suflolk Times · June 18, Over Car Lots By Ruth Jemi©k MA~i~ITUCK--Richa~d Good.Me got Wednesday is Pasta Night a la Francaise $1295 : Crisp garden salad, La Gazelle Brioche, and choice of: · Spinach Fettuccine with Roast Duck and Caramelized Onions · Rotelli with Tomatoes, Fresh Basil and Warm Goat Cheese · Linguine Hunter Style, Roasted Peppers, Artichoke Hea~ and Smoked Ham · Fettuccine Shellfish Melange in a Seafood Broth Complete Dinner Menu Also Available OPEN 7 DAYS A wI~K FROM NOON UNTIL 10 PM '765-2656 Guess-Whose Birthday -- is June 18. · ux~, ~-m'ua and M.J. will b6 sharing aptece of Michael,s cake (if he ieave~ any) with everybody who joins us for a meal aboard... Th hipwreck ~.. _ ~Restaurant and Bar It's Beyond the Barge One and One-Half Nautical Miles Due East of Southold Old Route ~, Southold * 76~1290 Ope~x 11 a.m. Nil tive decision issued in May on Mr. Goedale's request to sell new and used cars on ~¢ Main Road in Mattltuck. But ~on't look fo~ a speedy resolution of Mr. Goodal¢'s problems with Town Hall. "jump through hoops" ~ld pay more than $?,000 in attorney/application/ the permit fee. But Mr. Ooodale and the ZBA agreed that. Tbere'll be bezely enough mom to lmo imo tbe rard." A Setback Squabble nine cam Town ptann~ ~.~peeded wi& staggered, four-slot, car~isplay ama and and space for just foo~ cars to be parked said. 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 SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 27, 1992 J. Kevin McLaughlin, Esq, ,,~ 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 4092 (Area Variance) - William C. Goodale Dear Mr. McLaughlin: I am in receipt of your letter dated April 20, 1992 concerning Condition No. 2 of this Board's April 2, 1992 determination. Condition No. 2 does not prevent the property owner or his attorney-agent from filing applications in the future in the event the rear building is to be converted from accessory storage to another use. In the event no future applications are made to all agencies (Planning, Zoning, Building, County and/or State) involved for such conversion, then the building must be limited to an accessory storage building as restricted by the Code if it is not removed from the property. As of this date, the Special Exception application under Appl. No. 4093 has not been finalized, and we will keep you advised of developments. cc: Harvey A. Arnoff, Town Attorney Planning Board Building Inspectors Very truly yours, GERARD P. GOEHRINGER CHAIRMg_~ / AT~rO RNEY~AAT LA ~~ ~I~t~X~YX~f~X~XK~.X~X~X 1050 Youngs Ave., PO Box ~X~J~'~(~ Southold, New York 11971 765-6085 1210 April 20, 1992 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P'.O. Box 1179 Southold, New York 11971 Attn. Gerard P. Goehringer, Chairman RE: APPL. NO. 4092 WILLIAM C. GOODALE (AREA VARIANCE) Dear Mr. Goehringer: I am in receipt of the findings and determination of the Board of Appeals in the above-referenced matter. We have no problem with the condition contained in paragraph numbered 2 on page 4, regarding the discontinuance of the existing rear residential use within three (3) years. The phrasing of the condition to only allow accessory storage or removal of the building is of concern. We would like to be able to use the rear building in conjunction with the motor vehicle sales for any use allowable under the zonLn§ ordinance, subject to obtaining necessary approvals therefore. Restricting us solely to accessory storage would seem to prohibit the use of any portion of said building for additional office space in the future for instance. Please contact me review this letter, so cc: Richard Goodale after you have had the opportunity to that we may discuss this/issue. Very , /il PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-19.8 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516I 765-1823 J. Kevin McLaughlin Attorney at Law 1050 Youngs Ave. P.O. Box 1210 Southotd NY 11971 .April 15, 1992 RE: Goodale used car dealership 7655 Main Road, Laurel Zoning district: General Business (B) SCTMg 1000-122-6-30.1 Dear Mr. McLaughlin: The Planning Board has received your letter dated March 3, 1992, requesting a pre-submission conference. This letter will confirm your meeting of April 1, 1992, with staff member Robert Kassner. The following changes are recommended to the above mentioned proposed site plan. Landscaping must be installed along and contiguous to the front lot line of the property, as per Town Code 100-212 B. (See enclosed sketch for concept). Suitable barriers must be placed between the parked cars and the landscaped area. 3. Drainage and drainage calculations for the paved areas. 4. Dumpster location must be shown. 5. Any proposed outdoor lighting must be shown. A sketch to scale, showing color, of any proposed out door sign. Sign may not be internally lit. In addition to the above, curb cut approval from the New York State Department of Transportation, and approval from Suffolk County Department of Health Services must be obtained. The above should not be considered as a complete listing of all elements of the site plan. Further comments may be forthcoming when the Board receives and reviews the actual site plan. The Board would like to know if any work on the cars will be conducted on the premises. If so, where will this work be done? If you require further information, or wish to meet with my staff to further clarify any of the above items, please contact · this office. Eric. cc: Very truly yours, Bennett Orlowski, Jr. Chairman Gerard P. Goehringer, Chairman Board of Appeals Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney 1050 Youngs Ave., Southold, 765-6085 March 31, 1992 PO Box 1210 new York 11971 Board Of Appeals Town Of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn. Gerard P. Goehringer, Chairman RE: William Goodale Proposed Car Sales at Mattituck Dear Mr. Goehringer: I am in receipt of your letter to me dated March 30, 1992. In order to clarify the record in this matter, I have enclosed a copy of my letter to the Southold Town Planning Board dated March 3, 1992, which was hand-delivered to said Board on that date, along with a copy of the site plan. As you can see, I requested a pre-submission conference with the Planning Board, pursuant to Section 100-254 of the Town Code, prior to the formal submission of a site plan application. To date, I have received absolutely no response from the Planning Board to my request. I have no problem with submitting a site plan application in this matter. However, I had hoped that the pre-submission conference might clarify issues and, hopefully, expedite the review of the subject site plan. At the formal site CC: request of the Board Of Appeals, I will now submit a plan application. ~ . ~ Ver~/t/r ~) Southold Town Planning Board Southold Town Attorney 1050 Youngs Ave. PO Box 1210 Southold, NY 11971 765-1410 March 3, 1992 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Goodale-new car dealership with accessory used car sales at 7655 Main Road, Laurel Gentlemen: I have enclosed a copy of the site plan map, which has been filed with the Board of Appeals regarding applications for a special exception and a variance. This site plan map is being filed with you pursuant to Section 100-254 of the Town Code and at the request of the Board of Appeals for a preliminary conference. Please advise me of the date of the preliminary conference, at your earliest convenience. 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 March 30, 1992 J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971 Re: William Goodale Proposed Car Sales at Mattituck Dear Mr. McLaughlin: ~i~L This letter,confirm telephone communications from my office that today the Planning Board office has reported that it has not received a completed application form for site plan approval. It is requested that the appropriate application forms supplement your submission to the Planning Board since the Planning Board office has not deemed the documents submitted by you on March 5, 1992 as a formal application. It will also be necessary for you to request a preliminary conference with the Planning Board members to discuss the layout of the site plan elements under their jurisdiction as well, before proceeding further under the Special Exception application. By way of a copy of this letter, we ask that the Planning Board please provide us with copies of all communications concerning this project as the application process develops. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board, Attn: V. Scopaz and R. Kassner Building Department 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 March 30, 1992 J. Kevin McLaughlin, P.O. Box 1210 Southold, NY 11971 Esq. Re: William Goodale Proposed Car Sales at Mattituck Dear Mr. McLaughlin: This letter confirm telephone communications from my office that today the Planning Board office has reported that it has not received a completed application form for site plan approval. It is requested that the appropriate application forms supplement your submission to the Planning Board since the Planning Board office has not deemed the documents submitted by you on March 5, 1992 as a formal application. It will also be necessary for you to request a preliminary conference with the Planning Board members to discuss the layout of the site plan elements under their jurisdiction as well, before proceeding further under the Special Exception application. By way of a copy of this letter, we ask that the Planning Board please provide us with copies of all communications concerning this project as the application process develops. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc.: Planning Board, Attn: V. Scopaz and R. Kassner Building Department J~ ~/~ GOODALE APPLICATIONS NOS. 4092 &4093 Pursuant to your request at the Public Hearing in the above-referenced ~ matters held on March 25, 1992, I have enclosed a copy of Richard Goodale's current business certificate as a used vehicle dealer. ~.~ If you have any further questions in this regard, please feel free to  [~ ©~i ~N ~o~ o~ ~P~s J. Kevin McLaug~in ~~ :,~ ~ R t · 2 5 AT~RNEY AT LA~ [ ...~9~hold, New York 11971 1050 Youngs Ave~~~ ~ ~_ Southold, NY 11971 (5~6~ 765-6085 OFFICIAl. BUSINESS CERTIFICATE THIS CEFITfFICA TE EXPIRES 12131/q2 ¢ctatr~mz~T~tcxrtoaso. 7gS3668 BL~J DBA glS67 76SS ~ RD R25 Date of V&lidat.llcn: 01/07/91 Thls~rson~ REG!STERED AS A DEALER USED pur~anl lo the p~ovislons of the V~lcle and T~ff~ COMMISSIONER OF MOTOR VEHICLES 512513 This documeat does not ce:l.i~y that this I~dslaess complies ,s~it~t zoning ar~ ml'~' Ioc~ la~s. m Page 36 PUBLIC HEARING Southold ZBA 3/25/92 MR. McLAUGHLIN (CON'T): elderly gentlemen, who spends renting that back building as his residence for twenty-five, thirty (25, 30) years and what our request or suggestion to this Board is that perhaps if that use could continue until such time as that tenant no longer rents those premises. That might be an effective way to phase out that nonconforming use and still allow us to have two (2) uses on the property. CHAIRMAN GOEHRINGER: The two (2) uses being the automobile sales and the rental or the nonconforming or the office and the mixed use of the office and the residence. MR. McLAUGHLIN: In the same front building. CHAIRMAN GOEHRINGER: In the same front building. MR. McLAUGHLIN: Correct. CHAIRMAN GOEHRINGER: Alright. We will see if anything develops throughout this aspect of the hearing and I will open the hearing for the Special Exception and we will deal with those particular issues, if that is alright with you as not to muddle the two (2) of them. Thank you sir. Is there anybody else who would like to speak in favor of this application? This is again William C. Goodale, owner, Richard Goodale as tenant. We are dealing with the variance aspect of this particular application. Seeing no hands either pro or con I will ask the Board if they have any specific questions of either the architect or of the attorney. I will then...We will hold the closing of this one in abeyance until we go into the Special Exception aspect of the second portion of.it. Appeal ~ 4093SE Applicant(s): William C. Goodale (Owner) Location of Property: 7655 Main Road, Laurel County Tax Map No.: 1000-122-06-30.1 The Chairman opened the hearing at 7:58 pm. and read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: I have a site plan that I had in the other, except that we are now dealing with a special permit aspect as different than the variance aspect. And I have the same Suffolk County Tax Map, we are talking about the same parcel but a different situation. Mr. McLaughlin I will ask you if you have anything to add to the nature of this hearing. MR. McLAUGHLIN: Yes. Basically, this Special Exception appli- cation is pursuant to Section 100-101 B 12 of the Code. And we are asking for a special use permit to allow the sale and lease PUBLIC HEARING Southold ZBA 3/25/92 MR. McLAUGHLIN (con't.): of used cars in conjunction with the sale and/or lease of new vehicles. We have submitted to the Board, and there should be a copy in your file, at least the front page of an electric vehicle dealership agreement that my client has gone through the preliminary negotiations and will be able to obtain, assuming that we get the Special Exception. So that there would be the sale of new electric vehicles and the sale of used vehicles in connection with that. Basically, if we go down through the provisions of that section of the Code it does specifically talk about new and used motor vehicle lots, vehicle sales and rentals as being a Special Exception use. And then it goes on and lists several factors that must be complied with. The first talks about entrance and exit driveways and I think by viewing the revised site plan it shows that we are in compliance with that. Subdivision B talks about any used vehicles sales must in conjunction with new vehicle sales and we will be doing that. Subdivision or subsection C talks about vehicle lifts and dismantled automobiles and things like that, the only thing that is really applicable to our particular use would be supplies perhaps, which would be stored within the building. We would not have lifts, we would not be working on the cars, they would solely be there for sale. No servicing would take place on the lot, which also takes care of "D". It is really not going to apply to our situation, because we won't be doing that there. We also won't be storing flammable gasoline or oil, so subdivision "E" won't apply or "F". "G" talks about outdoor lighting and we will certainly comply with the provisions of subdivision "G" and subdivision "H" doesn't apply to our particular use. So, I believe at this point, we are, we will comply with all of the applicable provisions of Section 101- B- 12. We do have that dealership lined up. Mr. Goodale has also applied to the Department of Motor Vehicles to have his current used car sales license changed into a, to add a new car sales and he has spoken with them and the application is now pending before them and he has been assured that it should be no problem for them to transform that into new cars sales as well as used cars. So it is our position, we believe that we now can comply with all of the requirements of the special exception use and we would ask the Board to look favorably on our application. CHAIRMAN GOEHRINGER: I don't seem to have that agreement with the organization that you are purchasing the new car, the new electric car. MR.McLAUGHLIN: It is not, I don't, I only have the front part of that, the first page of it. It is not a signed agreement. That, I believe it is the only other part of that agreement really the reverse side of that page. It is rather a short agreement, but we have not entered into it because it is rather costly to enter into and obviously, unless we know we are going to be able to use the property for these purposes, we would never enter into this agreement. P'age 38 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Could you also supply us with a copy of this gentleman's license as it exists now. MR. McLAUGHLIN: Yes, but no I can't, you dont' have that with you now. CHAIRMAN GOEHRINGER: It doesn't have to be tonight. MR. McLAUGHLIN: I can supply you with a copy of his application for the amendment. And I will supply you with a copy of his existing license. CHAIRMAN GOEHRINGER: The only thing that I have, there was a specific issue that I was just thinking of Kevin and I apologize when I, in the interim. I know what I was going to ask. Have you approached anybody in the Town, particularly in the Planning aspect on... The issue here of course, that the fact that the Code does basically involve the issuance or the right of granting a special exception based upon the fact, okay, that there is a new car dealership involved here. We certainly do not have a new car dealership because, it is an unsigned agreement, because you do not want to enter into it unless the Board actually wants to grant you this application. My problem is that, I certainly didn't write the Code in the Town of Southold, I didn't write the Special Exception aspect of that, nor do I know if anybody else did here. And I was just wonder- ing if you contacted anybody in the Town and asked them how that specific situation became to be. MR. McLAUGHLIN: I have made inquiry about it and frankly I got no clear cut answer from anyone. I don't know why it came into being. I will venture to say that it may some problems as far as enforceability, it may be under restraint of trade among other things, and obviously what it does is, if one was going to literally comply with this with the traditional car dealership, in the economy particularily, I mean it is virtually impossible to do, unless one has a tremendous amount of financial backing. I did have some discussions with members of the Town Board regarding the possibility of amending this particular section and there didn't seem to be any strong inclinations to do so. But no one really gave me a good reason why this was done. I mean if the, to me, if the concerns were the operation of a used car dealership, that could be taken care of in other ways, so why one would have to have a new car dealership in conjunction in order to sell used cars, what other rational reason there was for that, I really don't know. Basically we have been left with that and that is what we are dealing. Unfortunately, that is what this Board has to deal with at this point. CHAIRMAN GOEHRINGER: Do you have any questions on that Bob of Kevin. ~age 39 PUBLIC HEARING Southold ZBA 3/25/92 MEMBER VILLA: No. Whoever wrote the Code probably felt that that was the easiest way of eliminating used car lots, as to tie it in with a new car agency. MR. McLAUGHLIN: The issue that was raised about not having a signed agreement, I certainly don't see any reason why the Board, if it so chose, couldn't make any, grant him a Special Exception specifically contingent upon the entering into a new car sales agreement of some type. That is what we are here for the Board indicating that we will do, and if the Board wanted to indicate that that dearlership agreement or similar dealership agreement had to be executed before the Special Exception would take effect. I certainly have no problem with that, because that is what we intend to do. MEMBER VILLA: The only problem with that would be that if you then go back to the company that you are trying to get the franchise from and they put all kind of stipulations in it, you need a service room, and all the other kind of facilities, then you are coming back here and saying now I got the franchise, but now I need thus and thus. It is a a back and forth kind of a situation. I can see... CHAIRMAN GOEHRINGER: I'm sorry, I didn't mean to cut you off. We wouldn't do that Kevin, what we would do, if the Board was so inclined to grant the variance, okay in some modification or form, we would very simply hold up on the Special Exception until such time that the specific car dealership was in place and then you would continue with the process. MR. McLAUGHLIN: To a certain degree, that leaves us in the same position of having to enter into a fairly costly agreement without assurance at that point that we would be granted a Special Exception. Although, I would believe at that point, we would have fulfilled all of the Special Exception requirements and believe that we would be entitled to it. We are still left in the position of having to lay out all that money without any assurance that we are going to obtain the Special Exception permit. CHAIRMAN GOEHRINGER: I did discuss with Mr. Goodale and I should go on the record, on Saturday of last week, (Richard Goodale), it is my understand that the initial cost of this first automobile is approximately $25,000.00 (twenty-five thousand dollars). Is the franchise then free if you purchase the first car, or it there a cost above that on the franchise. I didn't ask him a direct question on that Rich, that is the reason why. MR. GOODALE: The first car sets up the deal. MR. McLAUGHLIN: If you purchase that first car, they will execute the dealership agreement with you. Twenty-five thousand dollars ($25,000.00) to buy an electric vehicle and not hav~ P~ge 40 PUBLIC HEARING Southold ZBA 3/25/92 MR. McLAUGHLIN (con't.): a place to sell it is obviously very difficult. CHAIRMAN GOEHRINGER: Okay, well we will kick it around. We will do the best we can. As I told the Goodales. Is there any- body who would like to voice an opinion either pro or con concerning this portion of the application, which is the Special Exception. Seeing no hands, I will make a motion closing both the variance and the Special exception to a later date. Ail in favor --- AYE. End of hearing. / y F-k_~ ~ t ~ f (Transcribed by tapes ~-e6orded on March 25, 1992) Southold Town Board of Abpeals Individual Files and Board Members Town Clerk Bulletin Board Mr. Robert T. Bayley, A.I.A. (Re: Kanev) 150 Lakeview Terrace, Box 595, East Marion, NY 11939 Demetrios R. Halikias, Esq. (Re: Coutsouros) Peachtree Executive Park, P.O. Box 209, Riverhead 11901 Richard F. Lark, Esq. (Re: Dalchet Corp. & Orlowski) P.O. Box 973, Cutchogue, NY 11935 William C. Goggins, Esq. (Re: Carlson) McNulty - Spiess, 633 East Main St., Box 757, Riverhead Mr. Arthur G. Carlson, P.O. Box 673, Southold, NY 11971 Mr. Andre Moraillon (Re: Carlson) 225 Central Park West, Apt. 1107, NY, NY 10024 Mr. Frank Flynn, P.O. Box 144, Southold, NY 11971 Mr. and Mrs. Theodore Klos, 475 Akerly Pond Lane, Southold 11971 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 Teleph6ne (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk March 5, 1992 Zoning Appeal No. 4093 - Richard and William Goodale Transmitted herewith is Zoning Appeal No. 4093 application for a Special Exception submitted by J. Kevin McLaughlin for Richard and William Goodale. Also included is: Notice to Adjacent Property Owners; ZBA Questionnaire; Short Environmental Assessment Form; copy of floor plans; Notice of Disapproval from the Southold Town Building Department, dated March 2, 1992; and site plans. Judith T. Terry Southold Town Clerk TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 ttECE~WO Or ~ _~/L~-~-~ Cash [] Check ~ /1~/0 42788 Dollars $ Judith T. Terry, Town Clerk 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 Pursuant to Article X/V of the Suffolk County AdmY-nistrative Code, The Board of Appeals of the Town of Southold, New Yor~, hereby refers the following to the Suffolk County Planning Cum,~ssion: Variance from the Zoning Code· Article · Section Variance from Determination of Southold Town Building Inspector xx Special Exception, Article x , Section iO0-101B (12) __ Special Permit Appeal No: 4093 Applicant: William C~ooda]_e, ownerandPJ_clk~rdC~Dcx~ale, Tenant Location of Affected Land: 76551V!ain_Road, Laurel County Tax Map Item No.: 1000- 122-06-30.1 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 Comments: Applicant is requesting permission.to A) new car sales establishment B) An establishment of' an accessory use incidental to proposed new car sales est. for sale and/or lease of used vehicles; C) Outside display of vehicles; and D) accessory office use incidental to the new pricipal use as a new car sales establishn~nt. Copies of Town file and related documents enclosed for your review. Dated: 5/29/92 FROH : hlATTITUC~,:~ ALIT~ENTER PHONE NO, : 516 10~9 New Yorl( State Department of Motor Vehicles Bureau of Consumer and Facility Services P,O. Box 2700 - ESP Albany, New York 12220-0700 Attention: Application Unit P01 BUSINESS AMENDMENT/DUPLICATE APPLICATION INSTRUCTIONS; (Please Print) All Applicants: Cnmplc~. ilem~ I, 2I 3 and Il. 2, Present Facility Number ~].~sent Facility Name [ Facility Phone Number !7t° %/' = 3, Business(es) requiring amendment/duplicate certificate(s): (check ~11 that apply) Repair Shop '3i~¢.Deale~ '-- Diamantler Inspection Station ~ Boat Dealer r3 Scrap Collector 4. Business N~.,me Change~l ~ , NeW Address ~~ J Old Addre~6 L 6. Inspection Stations Only a) Change in business type (e.g. Fleet Io Public, etc) Itin. Veh, Collector ~ Salvage Pool ,"""; Transp3rtsr Scrap Processor ~ Mobile Cat Crusher To: From: Change In groups ~pproved for inspection (check the correct box for the groups you wish to inspect) GROUP 2b 3 VEHICLE GROUPS 0Neights shown ere gross vehicle weights) Al! passenger, suburban, and trucks up to and including 18,006 pounds, Trailers 18,000 pounds and under Trucks over 18,000 pounds, all traCtOlS and buses with 15 or more passengers. Trailers over 18,o00 pounds and all semitrailers. Motorcycle Emissions testing for all gasoline-powered vehicte~ r~cgistered in the New York Metropolitan Area C) If you will do exhaust emissions testing enter the manufacturers name and model number of the teettng equipment ('Thio information i~ required in order to procesa your appllcatior,) Manufacturer's Name l Medal Number Be sure to complete and sign reverse FROH : HATT[TLICK PHONE NO. : 516 103cj P01 7. De~otiens to Owners, Partners, Corporate Officers or Stookholdem holding more than t0% of eto0k. Uae additional sheet(s) If nece~aa~y. 8. Additions to Owners, Partnem, Corporate OffioerS or Stockholders holding more than 10% of stock. Use additional sheet(s) if necessary. I ..................// I I I _ Name DaI~ OI Birth Title e/a of ~itock or OwnerBhJp / / g. a) Have you or any person named in this application ever been an individual owner~ partner~ interested party, officer, eoq~oration director or atockholder having more than ten percent of the stock, whose DMV business license, ~egislration or certification was denied, suspended or revoked i~ New York Sate, including matters now on appeal. [] Yes ~' No b) Are you or anyone named in this appligatlon scheduled for a hearing which may result in the suspension, revocation er denial of a Vehicle Safety business license, ~eglstratlon or cefflflcatlon? [] Yes ~No c) I1 (a) or (b) is "YES", indicate name and address of the person(s), business type, date and action taken agalnat the busineas. lO. Hgs the owner, any member of the partnership, Interested party, officer or director of/he corporatuion been convicted or forfeited bail for any misdemeanor? [] Yes ~klo If "YES", give the following Information: The unOerslgned states that (s)he is the owner, penner or ~icer of the concern named in this appll~tlon and that the information contained in thio application Is Irue For partnerships, the signature of each partner Is required. Partner's Signature ; ~iOnature NEW ELECTRIC CAR DEALERSHIP AGREEMENT Between Solar Car Corporation and (Name, Address and Phone> WHEREAS, Solar Car Corporation, hereinafter referred %o as "Solar", is in the business of selling components, ~its and vehicles retrofitted to electric, solar electric and hybrid configurations, and WHEREAS, # hereinafter referred to as "Dealer", is interested in becoming a sales representative of Solar, NOW THEREFORE, Solar and Dealer hereby agree as follows: Solar will provide Dealer with sales promotional materials on its products, together with updated pricing information from time tc time as appropriate. Solar will provide Dealer with Solar's catalog at a prfce to Dealer of $3.00 per catalog, which Dealer, in turn, ma}' sell Dealer's potential customers at the catalog retail price. to Solar will keep Dealer and Dealer's designated maintenance party updated on its technology to enable maintenance functions to be effectively carried out. Dealer and Dealer's designated maintenance party will maintain confidentiality relative to Soiar's technology which Solar informs Dealer and Dealer's designated maintenance party to be considered proprietary, or which reasonably appears to be unique and novel in vehicles offered by Solar. Dealer will be responsible for keeping Solar informed of any maintenance performed on vehicles sold through Dealer under this Agreement! and any problems which occur, in order that Solar, Dealer, and Dealer's designate~ maintenance party may more effectively cooperate tc solve and minimize problems and malfunctions. It is understood that unles~ subsequently stated otherwise Solar, solar panels are warranted for five years and all other retrofit components are warranted for one year. Any defect]-'e or malfunctioning retrofit components still under warranty will either be returned to Solar, or disposed of in accordance with instructions from Solar. pro?e~= and t-~e.iikel7 ~mpac=s eL ~--ha ac=ion. Z~ is no= expec=ed (b) I£ an7 question has been answered Yes ~h~ prOjec= may be cig- (c) Z£ a~ ques~£ons have been answered No ~ ~s ~e~y ~a~ Will projec~ significan=ly effac= d=ainage flow ' Yes X~o 7. W~ll projec= resul= in a ~ajor advers~ effect on Will proj~c= have a major effec= on visual char- Yes envlrcamen=al area by a ioc~1 agency~ ~s ~No W~11 projuc= r~su~t ~n main= ~=aff!c problems or W~11 P=ojac= regularly cause objec=ionab[e odors, Will Projec= have any impact On public health 41. 617.21%, Appenclix C State Environmental Ouailt¥ Review SHORT ENVIRONMENTAL ASSESSI%lENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be cbmDletecl by AI3Dlicant or Profect sl3onsor) · Kevin McLaughlln, as agent Z. PROJECT NAME a. PRO4ECrLOCATiO~ & William Goodale Town of Southold 4. PRECISE LDCATi-- ..... COunw Suffolk 7655 Main Road, Laurel, NY north side'of NY State Rt. 25, 450 feet east of Bray Ave.. Tax Map NO. 1000-122-06-30.1 Downstairs 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 Iflilia,v, acres UIfimafmv 36,155 sq ft .. w, LL PROP°.° ACT, ON CO. PL, ~No if No, ~escr~bl briefly 9. WHAT IS PRESENT LANO USE fN VICiNItY OF PRO~ECT1 automobile service station, automobile maintaince facility, automobile b~ facility,as well as a retail shopping cinter and business offices. 10. DOES ACTION INVOLVE A PERMIT Ap--~PROVAi.. OR FUNDING, NO~N~ STATE OR LOCAL)? ~]Ye~ ~]No Ifyes, listagency{s) afldpermiUapprO,als Site Plan approval from the Southold Town Planning ]~oard t l. DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT O ~ Yes J'~ %r- " R APPROVAL? ' ~'' Iryei. iislagefl~namoafldpermlUappt~ Certificates of Occupancy Nos. Z10885 and Z12534 Prior Variance granted under Appeal No. 3521 ~uce the livabie f~oor area of the front dwelling unit. ~ SEQR ~y QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the 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.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} NO. (If Xes, Dlaas~a~-h cu~of "¢onUit/nn~,, of sale.) C. Are there =~xl~roposals to change u~ alter lan~ {X } Yes { } No Some slight change or alteration of land contours may be necessary for parking area D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaded between the wetlands'area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~Bt and are not shown on the survey map that you are submitting? Nnn~ "If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? N~ 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? Nn If yes, please explain where or submit copies of deeds. I. Please .list present us.e or operations conducted at this Parcel2 ~r~or non-~nformlng residences and profes~al/business proposed%~sg~h~nc~ ,~_~,~.istinq office us.e to sale/lease of. used vehicles an a~es~ t~a/?~lease of new vehicles \ 3~/87, lO/901k~ office use as § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southol& TRUSTEES -- The Board of Trustees of the Town of Southold. [Added t~/i~4 by L.L. No. 6-1984] wETLANDS [Amended 8-26-76 by L.I~ No. 2-1976: 3-26- 85 by I.T~ H~. ~-1985]; -/'~.i~-'~'.~', 'i'~~ ~FIDAL 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, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow Some or any of the followinw salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, ground~el, marshmnllaw alld low w~'ch cord_o~ All land immediately ndjacent ~o 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- fie 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." 9705 z.-'m, sm ~K~X~Ii~k~X~.ks~ 1050 Youngs Ave., PO Box 1210 ~J~ Southold, New York 11971 mi6) ~k~k~X 765-6085 April 20, 1992 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn. Gerard P. Goehringer, Chairman RE: APPL. NO. 4092 - WILLIAM C. GOODALE (AREA VARIANCE) Dear Mr. Goehringer: I am in receipt of the findings and determination of the Board of Appeals in the above-referenced matter. We have no problem with the condition contained in paragraph numbered 2 on page 4, regarding the discontinuance of the existing rear residential use within three (3) years. The phrasing of the condition to only allow accessory storage or removal of the building is of concern. We would like to be able to use the rear building in conjunction with the motor vehicle sales for any use allowable under the zoning ordinance, subject to obtaining necessary approvals therefore. Restricting us solely to accessory storage would seem to prohibit the use of any portion of said building for additional office space in the future for instance. Please contact me after you have had the opportunity review this letter, so that we may discuss this/issu_e~ very ~t~r/u L~;/~ o ur s, cc: Richard Goodale ~/i/~ to -l~Z.-o-~b COrDlEY*KEnnETH 4SU k R©eal COUNTY OF SUFFOLK ~e~mSOUTHOLD -t Property Tax Service Agency/~__ · ,..,--,., ,..,.-,.,, /~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of J. Kevin McLaughlin for Richard &:. NOTICE : TO to the Board of Appeals of the Town of Southold ADJACENT TO: Troy & Joan Gustavson Box 247, King St.Orient,NYPROPERTY O~rNER 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 nf Appeals of ~'ne Town of Southold to request a ~,~lfkif4Yc~(Special Exception)~:~-~itClXe~:~ (Other) [circle choice] 1. 2. That theproperty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 7655 Main Road, Laurel, New York North si~e of NY State R~. 25, 450 feet east of Bray Ave. 3. That the property which is the subiect of such Petition is located in the following zoning district: C~npra I Business 4 Thath~suchPetition, theundersigned wiUrequestthefollowingrelief: Special ~×ceptlon for the sale/lease of used vehicles to tlh~ Sal~/l~m~m of new ¥~icles as accesory' $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article X Section 100-101 B (12) [ ] Section 280-A, New York Town Law for approval o~ access over right(s)-of-way. 6. That within five days from the date 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 B6ard of A~ppeal's; 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 publis~d in the Town of Southold and designated for the publication of such notices; that you~o/-%,o};r~representativ/~ I~a~e the righttoappearandbeheardatsuchhearing. ~/ ~~ ~itio~J. Kevin McLa~h:}~, as agent for ~ 0w~er~" Name s :Richard~Wi .~am Goodale ~ vn,~nns Ave. PO Box 1210 ~n,~f. hnld, N~ 11971 Tel. N0. ( 516 ) 765-1410 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ..P P,'=15 :1':15 FIE?7 Certified Mail Receipt No Insurance Coverage Provided Do not use for international Mail mm ~s~,~ (See Reverse) Restricted Delivery Fee PROOF OF MAIL lNG OF NOTICE ~{ CERTIFIED M~IL RECEIPTS ADDRESS )x 247, King St., Orient, NY 11957 ) Box 209, Lotowana Lane, Stony Brook, ~w Suffolk Ave., Mattituck, NY 11952 NY 11790 STATE OF NEW YORK COUNTY OF SUFFOLK SS.: J.Kev~in McLau~hlin ,residingat 'F:,a~t-. lvl'ar{(nn. NY' /'//~ , being duly sworn, deposes and says that on the ~ ?q ~a~---- of ~,~ ........ 19 92 , deponent mailed a true copy of the Notice set forth on the re- vers~ ;i~ ~'r~f, directed to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current asseSsment roll of the Town of Southold; that said NoticeS were mailed at the United States Post Of- fice at Southold. NY (certified) (I~,[I~L'(~I~I mail. Sworn to before~this ~2 ~ day of~ r9 ~2 / / Notary Public ~ONALO hY~ )blcGAYH~¥ N~ta~/PuS~ic, State of N~w York T~rm Expires S~pt~n b~r 2~, 19~ ; that said Notices were m~ ailed t~ eac..~h of said ~er, e~ons by (This side does not have to be completed on form transmitted'to-adjoining property owners.) I ~. ~7 '~ ' ~/'~, '* ~/. ~/' . TITLE GARRETT A. STRANG ~~>~ 516-765- 5455 GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516- 765 ' 5455