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HomeMy WebLinkAbout4066APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. James Dinizio, Jr. Robert A, Villa Southold Town Board of Appeals MAIN REIAD- STATE RnAD 25 SI~UTH{3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE BOARD Appl. No. 4066. Application in behalf of WILLIAM GOODALE for a Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related business office, in conjunction with pre-existing nonconforming residential use. 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. This parcel contains a lot area of 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-06-30.1 (or 30). WHEREAS, after due notice, a public hearing was held on November 21, 1991 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation 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 parcel is 402+- feet. This parcel is improved with two principal structures, each containing a nonconforming Page 2 Appl. No. 4066 Application for WILLIAM GOODALE Decision Rendered December 16, 1991 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 Wo Lewandowski, L.S. 3. By this application, a review and determination is requested concerning the following proposed uses, requested to be authorized by Special Exception: (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. 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 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, Pag~ 3 ' Appl. No. 4066 Application for WILLIAM GOODALE Decision Rendered December 16, 1991 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... 5. Reference is also 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 Pag~ 4 'Appl. No. 4066 Application for WILLIAM GOODALE Decision Rendered December 16, 1991 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 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) Subsequently in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing, and for which this Special Exception is now being requested. {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.} 6. Section 100-101C, subsections (1-4) of the General "B" Business zoning regulations provide for specific uses which are permitted as accessory uses and subject to site plan review. Used car sales and leasing and principal sales office use are uses addressed in the Zoning Code as principal office use, and are clearly not permitted as an accessory to any principal residence or other principal uses (with the exception of an established, on-site, new-car dealership with an area of not less than 30,000 sq. ft. applicable to each principal use). 7. For the record, it is noted that the parcel is nonconforming as to total area for the two 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. The requirement for a third principal use is the same, 30,000 sq. ft. Therefore, the total lot area required for three principal uses is 90,000 sq. ft. of land area -- which has not been made available in this application. Such a substantial increase in the degree of land nonconformance over the existing established residential nonconformities is not permitted as a matter of right and variances necessary (ref. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc.). Pag~ 5 -~ Appl. No. 4066 Application for WILLIAM GOODALE Decision Rendered December 16, 1991 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor documentation submitted, to show full compliance with all those conditions and standards set forth in the Southold Town Zoning Code for such a Special Exception request. In fact, it is understood that the applicant/owner has not obtained authorization and is not licensed by the State of New York or any other licensing or permit agencies to sell new cars. Additionally, the zoning code requires a minimum of 30,000 sq. ft. per principal use in this business zone district, and accordingly, a minimum lot size of 90,000 sq. ft. is required before a third principal use may occupy the premises - whether it be by Special Exception or otherwise. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, that the Special Exception be and hereby is DENIED, as noted above and additionally noted below: 1. There is insufficient square footage on the site to support approval of a third primary or principal use; 2. The parking, service, repair and other activities related to new-car sales and used-car sales has not been provided on the plans and are areas of concern which normally affect on-site circulation, traffic flow onto the Main Highway, egress and ingress, noise levels, sanitation, pollution, and o~her environmental considerations; 3. Mixed residential and commercial activities are not permitted in this B General Business Zone District; 4. The lot area and premises are nonconforming as exist since two single-family residences are not permitted on less than 60,000 sq. ft. (30,000 sq. ft. per unit) of land area in this B General Business Zone District; 5. The applicant has not complied with the requirements and standards set forth in the Code for these proposed used-car sales and related commercial operations. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, ~.-.i.~., _~ip~?~ nnd Villa. This resolution was duly adopted AND FILED 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 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 BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 21, 1991t commencing at the times specified below: (1) 7:20 p.m. Appl. No. 4064 - MR. AND MRS. WILLIAM R. AHMUTY III. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition at the rear of existing principal building with a reduced ~etback from the existing bulkhead (and increase of the degree or square footage of nonconformance although maintaining the same nonconformities at the side yards). Zone District: R-40 Low-Density Residential. Location of Property: 3405 Bayshore Road, Greenport, NY; County Tax Map District 1000, Section 53, Block 6, Lot 10. page 2 - Legal NotJ Hearings for November 21, 1991 Southold Town Board of Appeals (2) 7:25 p.m. Appl. No. 4063. PETER AND MARIE PIZZARELLI. Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. The subject premises is located in the R-80 Residential Zone District anc contains a total area of 2.979 acres, as shown on the Minor Subdivision Map before the Town Planning Board dated August 12, 1982 (Lot 93). Location of Property: Private right-of-way extending from the south side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 98-5-14.3. (3) 7:35 p.m. Appl. No. 4039 CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities (kitchenettes). Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 & 002 (2.1), containing approximately 7.5 acres. Zone District: Resort Residential (RR). The subject premises was the subject of a conditional approval under Appl. No 3542 in which a Special Exception was requested for motel units (without maps or plans for individual kitchenettes or dwelling uses). Page 3 - Legal Hearings for November 21, 1991 Southold Town Board of Appeals [4) ~ 7:50 p.m./ Appl. No. 4066SE -~IT,T,T~ n ~lT~ Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related business office, in conjunction with pre-existing nonconforming residential use. 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. This parcel contains a lot area 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-06-30.1 (or 30). Special {5) Appl. No. 3970 - McDONALD'S CORPORATION. (Owner: Cofam Realty Co.) for a Special Exception to the Zoning Ordinance, to establish fast-food restaurant with drive-through (6r drive-up) window subject to the requirements of Article X, Section 100-101B and subject to site plan approval by the Town Planning Board. Subject lot, as exists, is conforming as to lot size in this General Busines (B) Zone District. Location of Site: South Side of Main Road (State Route 25), Mattituck, NY; County Tax Map District 1000, Section 122, Block 07, Lot 3.1. Page 4 - Legal Hearings for November 21, 1991 Southold Town Board of Appeals 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. For more information, please call 765-1809. Dated: October 31, 1991. BY ORDER OF THE SOUTHOLD TOW/~ BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 11/6/91 L.I. Traveler-Watchman For Publication Copies on 11/6/91 to the following: FORM NO. 3 TOSVN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~o~.~o~ o~o~e~ ...~.,....~ ~. ~. ....... House No. Street ' County Tax MapNo. 1000 Section ...l.~ ..... Block ...~ ....... Lot .~! ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~ .~.. ~ ..... ................... ~ ........ ~...~.... .~..~, .~.~~ ..... ~ ....... .~x.~~..~. ~~. ~.~.:.a~.~. ~. ~ ..... ~~..~~. &~~5.~.~.a, .................. RV 1/80 RECEIVED SouthoM Town ~el'k TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. ~/~ ~'~C Date Filed: TO THE ZONING BOARD~'~APPEALS, SOUTHOLD, NEW YORK: I (~%~, Garrett A. Strang, for Goodale of 54655 Main Road P.O.Box 1412 (Residence, House No. and Street) Southold, New York 11971 516-765-5455 (Hamlet, State, Zip Code, Teleph6ne Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE x , SECTION 100-101 , SUBSECTION B (12) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Existing Business office use to be used for the sale/lease of motor vehicles together with display of said vehicles. Pre-existing non-conforming residential use to continue. A. Statement of Ownership and Interest. William Goodale is(are) the owner(s) of property known and referred to as 7655 Main Road, Laurel, >, New York (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 122 , Block 06 , Lot(s) 3o.1 , which is not (~k~ 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 propert.y was acquired by the owner on 14 July 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 applicable for Sepcial 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 the Retail Shopping Center and Business offices. C. The property which is the subject of this application is zoned General Busines~nd [ X] JS consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this ~.5~day of d~ (Notary Public) 30YCE M. WIUCINS ZB2 (rev. 2/6/86) -Imz~i~~,(~mu,l~~~ 1~.~,~ OWNER TOWN OF SG, dTHOLD P;~OPERTY i~CORD CARD STREET VIL~GE DISTRICT E W ~'PE OF BUiLD,NC LOT ~ RES. SEAS. LAND VL IMP. TOTAL FARM COMM. lIND. JCB. I MISC. /=st. Mkt. Value AGE DATE REMARKS BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value F..R~A~'I~"ttO~ Tillable 1 BULKHEAD · Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland j House ~ :/- M. Bldg. Extension ~xtension ~xtension Foundation Basement Walls Fire Place Porch Porch Bath Floors Interior Finish Heot O I / Roo¢ Type Rooms Ist Floor Rooms 2nd Floor Dormer TOWN OF SOUTHOLD PROPERTY,.~RLCORD CARD ~./~. OWN ER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N ~ ~ ~ E ~, ~N/(ZI ACR. ~ND IMP. TOTAL DATE R~RKS 'illeble FRONTAGE ON WATER , Vo~land FRONTAGE ON ROAD / 4eodowl~nd DEPTH louse Plot BULKH~D rI M. Bldg. Extension Extension i .Extension Porch COLOR TRIM ~J/-F I T£ Porch Breezeway Garage Patio aa Total Foundation Basement Ext. Walls Fire PLace Type Roof Recreation Room Dormer i~U i- L. Both Floors interior Finish Heot Rooms ]st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. FIN. B TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (~J, Garrett A. Stranq~ for Goodale of 54655 Main Road P.O.Box 1412 (Residence, House No. and Street) Southold, New York 11971 516-765-5455 (Hamlet, State, Zip Code, Tel6phone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE x , SECTION 100-101 , SUBSECTION B (12) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Existing Business office use to De used for the sale/lease of motor vehicles together with display of said vehicles. Pre-existing non-conforming residential use to continue. A. Statement of Ownership and Interest. William Goodale is(are) the owner(s) of property known and referred to as 7655 Main Road, Laurel, ]-f New York (House No., Street, Hamlet) for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: identified on the Suffolk County Tax Maps as District 1000, Section 122 , Block 06 , Lot(s) 3~.1 , which is not (~ 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 14 July 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 applicable for Sepcial 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 the Retail Shopping Center and Business offices. C. The property which is the subject of this application is zoned General Bus ines~nd [ X] i$ consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith Sworn to before me this ~.~-day of dg~ ~Public)~ ZB2 (rev. 2/6/86) -(-Signature) · 19 ~'~. L±s~ 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 8118193 - 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. Li~ 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. #~,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 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. DEPARTMENT OF PLANNING · 'COUNTY OF sUffOl ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE January 15, 1992 Town of Southold Zoning Board of Appeals Applicant: William Goodale Mun. File No.: 4066SE S.C.P.D. File No.: SD-92-2 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. Additionally, premises does not comply with the necessary lot area requirement for such multiple usage. 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 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (51~) 765-1823 Telephone (516) 765-1800 Pursuant to Article XlII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector, XX Special Section lO0-101-B(12) Special Exception, Article X Permit Appeal No.:4066SE Applicant: Location of Affected Land: County Within XX William Goodale 7655 Main Rd., Mattituck, Tax Map Item No.: 1000- 122-6-30.1 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,'Highway, Boundary of Existing or Proposed Boundary of Existing or Proposed Other Recreation Area County, County, NY Thruway State or Federally Owned State or Federal Park or or COMMENTS: dealership Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Applicant is requesting permission to operate a used car Land Channel Channel Copies of Tovm file and related documents enclose.d for your review. Dated: Dec. 16, 1991 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. James Dinizio,~-Jr. Robert A. Villa Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 January 8, 1992 J. Kevin McLaughlin, 828 Front Street P.O. Box 803 Greenport, NY 11944 Esq. Re: Appl. No. 4066 - William Goodale (Used Car Lot, etc.) Dear Mr. McLaughlin: Please find attached for your records a copy of the findings and determination rendered by the Board of Appeals in the above matter. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Department of Planning 5 - Appl. No. ~6 Application for WILLIAM GOODALE Decision Rendered December 16, 1991 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor documentation submitted, to show full compliance with all those conditions and standards set forth in the Southold Town Zoning Code for such a Special Exception request. In fact, it is understood that the applicant/owner has not obtained authorization and is not licensed by the State of New York or any other licensing or permit agencies to sell new cars. Additionally, the zoning code requires a minimum of 30,000 sq. ft. per principal use in this business zone district, and accordingly, a minimum lot size of 90,000 sq. ft. is required before a third principal use may occupy the premises - whether it be by Special Exception or otherwise. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, that the Special Exception be and hereby is DENIED, as noted above and additionally noted below: 1. There is insufficient square footage on the site to support approval of a third primary or principal use; 2. The parking, service, repair and other activities related to new-car sales and used-car sales has not been provided on the plans and are areas of concern which normally affect on-site circulation, traffic flow onto the Main Highway, egress and ingress, noise levels, sanitation, pollution, and other environmental considerations; 3. Mixed residential and commercial activities are not permitted in this B General Business Zone District; 4. The lot area and premises are nonconforming as exist since two single-family residences are not permitted on less than 60,000 sq. ft. (30,000 sq. ft. per unit) of land area in this B General Business Zone District; 5. The applicant has not complied with the requirements and standards set forth in the Code for these proposed used-car sales and related commercial operations. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, i~nis, Dini?~ ~d Villa. This resolution was duly adopted Town C*erk, Town of ' GERARD P. GOEHRINGER, 6~{AIRMAN Page 8 - November 21, 1991 Public Hearing - Peter & Marie Pizzarelli Southold Z.B.A. MR PIZZARELLI, cont'd: building that they saw ten years ago and everything that's in there is the same. CHAIRMkN GOEHRINGER: Thank you again. Yes Lydia? MS TOTORA: I will read for the record and then submit to you for the record on October 18, 1987, Southold Town Planning Board, Attention Valerie $copaz, regarding proposed set-off for Pizzarelli, Peconic, New York. Dear Ms. Scopaz, On behalf of Peter and Marie Pizzarelli we respectfully request that you take a few minutes to look over the enclosed map and our sketched in proposal for a set-off on part of their lot, lot number three. That's number one. Number two. Here is a copy of the plans that were approved, they have the stamp of the approval of the Southold Town Building Department, dated 9/24/82, in the plans the entire kitchen area is x'd out. I submit both of these for the record. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there thing else that any one would like to report. Seeing no hands I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. Appl. No. 4039 Applicant(s): Cliffside Associates Location of Property: 61475 County Rd 48, Greenport, NY County Tax Map No.: 1000-45-1-1 & 2 The Chairman postponed the hearing at 7:50 p.m. at the request of the Attorneys until further notice. Appl. No.~ j jljjJ s):, 1 i1 ................. Location of Property: 7655 Main Road, Mattituck, County Tax Map No.: 1000-122-6-30.1 NY The Chairman opened the hearing at 7:52 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a site plan produced by Garret Strang. The most recent date is 10/25/91, indicating the specific changes that will be required in this application. And I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McLaughlin I understand. MR MCLAUGHLIN: Members of the Board, my name is Kevin McLaughlin and I'm here on behalf of Mr. Goodale representing him in this special exception application. As the Chairman Page 9 - November 21, 1991 Public Hearing - William C. Goodale Southold Z.B.A. MR MCLAUGHLIN, cont'd: read to you the subject property is located along the northerly side of Route 25 in Mattituck, contains approximately 36,000 square feet and it's located in the B-1 general business zone. Presently there are two buildings existing on the premises, one is a single family dwelling in the rear and the building closer to the highway contains an existing business office with a single family apartment above that. This Board on August 16, 1986 issued a variance concerning this property to reduce the living area in the pre-existing non-conforming dwelling unit in the front building to less than 850 square feet. The purpose was to alter the first floor to add office area to expand the present professional business use as stated in that variance. What we are here asking for tonight is the permission through the special exception to change to authorized business use on the first floor from the professional business use contemplated by that variance to the sale, vehicle sales and rental. And we would need obviously accompanying area outside for the display of those vehicles. The character of the neighborhood to the east of the subject parcel is the Suffolk Times building, right next store. Diagonally across the street is Brisotti & Silkworth Insurance building, to the west Mattituck Commons, Hobbyhorse hobby shop, Starlight Autobody, Kreiger Well Drilling, American Furniture Stripping, Joseph Crenshaw Concrete Contractors, Tuyl Automotive, Something called the Acrylic Duck which advertises itself as a canvas upholstery and awning business and Classic Car Wash. So I think it becomes readily apparent that the area is indeed a commercial business area and in fact I would think we would be hard pressed to find a site in the Town of Southold that would be on which this type of a use these vehicle sales and rental would be more appropriate. There are some residential uses in the area, but they're very scattered and I think that basically again what we're trying to have this Board do is just authorize a change of the type of business that can be authorized to be conducted at the site from what the prior variance allowed to what would be allowed under a special exception if it were granted. There are two major areas of the code involved basically Article 26 which talks about the general standards for special exceptions and there are specific standards contained in Article 10 Section 100-101B12 for the specific special exception that we're talking about. It's our position that the site plan and the use of the property will comply in all respects with all of the standards that are enunciated in those two sections and as a result we would respectfully request that the Board authorize this special exception use. Also here tonight are the Architect Garret Strang who would like to make a presentation and also the applicant who would like to make a presentation and also to hand up a petition Page 10 - November 21, 1991 Public Hearing - William C. Southold Z.B.A. Goodale MR MCLAUGHLIN, cont'd: that they've obtained from the neighbors concerning the use of this property. CHAIRMAN GOEHRINGER: Can I just ask you two questions? MR MCLAUGHLIN: Sure. CHAIRMAN GOEHRINGER: The prior variance, a c/o was never secured for that business office, is that correct? MR MCLAUGHLIN: I believe that is correct. CHAIRMAN GOEHRINGER: So, two houses are continuously rented at this time, are still rented the family dwellings. MR MCLAUGHLIN: The entire back house and the upstairs of the front house have been continuously rented I believe. CHAIRMAN GOEHRINGER: Alright. And is there any utilization in the lower half of that front house right now. MR MCLAUGHLIN: I don't believe so. My position would obviously be from a legal stand point that whether or not any use was made of the business office if you will, a variance was granted and non-use, just because of non-use you certainly don't loose the variance that you obtain. CHAIRMAN GOEHRINGER: No, no. I really wasn't, I wasn't elaborating on that I just wanted to know if they were continuously rented. Thank you. MR MCLAUGHLIN: Thank you. GARRETT STRANG, RA: Good evening. The application that's before you as Mr. McLaughlin indicated did include the site plan or the conceptual site plan as developed to date. Not to mislead the Board this site plan is not in any way shape or form in its final state. It's a conceptual at this point and time to address the issues and indicate that we can meet the majority of the site plan requirements that there will undoubtedly be some modifications to the site plan once we have the opportunity to take it the next step to the Planning Board. The Board I know did direct a letter to my office shortly after the application was made with respect to the size and the like of the uses and indicated, made some reference with respect to some plans being developed. There haven't been any plans per say of the buildings developed in as much as the space that already exists is the space that would be used. There's no plans to expand on any of the Page 11 - November 21, 1991 Public Hearing - William C. Southold Z.B.A. Goodale MR STRANG, cont'd: buildings that exist and there's really no change from the amount of square footage of office space that was originally noted in the variance that's prior, variance that's granted. And I followed that up in writing to the Board today actually. So, we don't have any plans for the building at this point and time since it's going to stay as is as far as the space allocation and utilization. CHAIRMAN GOEHRINGER: How large an area are you anticipating the business? MR STRANG: We're looking at the 600 square foot area which is probably all that's need if that much for the nature of this business. It's pretty much a small operation. The office would really pretty much be used strictly for writing contracts and negotiating sales. CHAIRMAN GOEHRINGER: What is the physical condition of the first floor of the main house? MR STRANG: The physical condition, it's serviceable. CHAIRMAN GOEHRINGER: It is serviceable. MR STRANG: Yeah. CHAIRMAN GOEHRINGER: It looked pretty good. MR STRANG: As I think the Board is aware I'm sure they've been by the property not only recently but I'm sure they've passed in previous years and I'm sure made note of the fact that the property has been improved visually and ascetically as finances allow the applicant to do that. CHAIRMAN GOEHRINGER: Thank you. Kindly state your name for the record sir. MR WM GOODALE: Yes, good evening, my name is Bill Goodale, I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? MR GOODALE: I would like to just begin by saying this property was my fathers, it was passed on to me. At the time it was passed along there was a. pre-existing mortgage. Over the years we have, my son and I have worked to improve the property slowly. I think we have improved it to quite an extent over what it was when we began. It was over grown with trees and brush. The houses were falling apart. We do have the two rental units., however, basically what we have is Page 12 - November 21, 1991 Public Hearing - William C. Goodale Southold Z.B.A. MR GOODALE, cont'd: a situation where we're lucky to break even each year. As the years have gone by on our one side has come the very beautiful building the Suffolk Times. It has brought progress to our east, there's beautiful landscaping. I understand the owner is going to even expand the tennis court to the back. We see some progress. On the other side we've had a mini shopping center come along and basically they're both in the twentieth century and we're still back trying to keep everything a float with a much older plant. What we would like to do, my son is a qualified auto person and I believe that he can very well carry forward a business it would be a boom to the town from that standpoint. That with a little effort oN his part he can provide a quality service at an affordable price and perhaps~ at the same time secure enough profit, it's not the easiest thing to do. At the same time allowing us to go forward.' I have a petition to present to the Board and if I might just mention it was of interest to me as we secured these petitions obviously it's sort of a popularity contest how many signatures you can get. But the comments of the people that signed for us were so supportive feeling that there is a need for a quality automotive resale establishment. To provide a little competition in the area. They feel that it's a business going forward. There were comments of well you will with the advertising with the dollars that will be generated in improving the property which will be at some cost. It will be quite a boom for us, so that we would ask you to approve that request. We feel that we can provide a service. I'm also concerned that as we go forth the young people of the Eastern Long Island who have grown up out here very often are leaving our community to go west to make a living. My son is doing that now and I feel that this sort of an enterprise would be something in one instance for me and my family would give my son the opportunity to be viable and active in our community. There are other used car lots in the Southold Township they are not certifiable used car lots and yet we're approaching the Board in the proper manner requesting this permission in a straight forward way trying to apply and to upgrade the properties. We feel that this will be a benefit to us and to the town as a whole. I'll just hand this to you. CHAIRMAN GOEHRINGER: Thank you sir, it's a pleasure meeting you. Any other persons that would like to speak in favor of this application. Is there anybody who would like to speak against the application? MR MELLENDER: I have a question. CHAIRMAN GOEHRINGER: Surely. Page 13 - November 21, 1991 Public Hearing - William C. Goodale Southold Z.B.A. MS MELLENDER: My name is Joe Mellender, I live in Mattituck. The question is how is this kind of business allowed to exist now when the laws prevent it existing. We take a walk and we see used cars on a lot with big yellow marks and they're selling used cars and they are not allowed to be there and yet they're there doing their business. CHAIRMAN GOEHRINGER: Do you want me to answer that question? The only thing I can tell you is that this is not the code enforcement area, Joe. Secondly, once an application is initiated, I'm not speaking for either the Building Department or Code Enforcement, they usually wait until the decision is rendered before any violations are brought forth. Kevin, do you have any thing else? MR MCLAUGHLIN: No I don't have anything else, just no place to sit. MS SIDLAUSKAS: Do I have to go. CHAIRMAN GOEHRINGER: I wish you would because we're taking this down. MS SIDLAUSKAS: Okay. A question on the c/o not being secured, what exactly does that mean. They're not allowed to operate in there. CHAIRMAN GOEHRINGER: I merely asked them if they actually put a business into the building. MS SIDLAUSKAS: Oh, okay I wasn't sure what you meant by that. Okay, now what about are there any as to frontage they'll need to set back. CHAIRMAN GOEHRINGER: In reference to the placement of cars? MS SIDLAUSKAS: Right. I mean I'm not concerned about the office space because that's, but right now they've got them practically in the road and I wonder if there will be, if there is anything in the code that will enable the Town to have them setback more. CHAIP~MAN GOEHRINGER: Why don't we do this. Since we're going to take a short break any way, 3ust prior to McDonald's hearing. We have to open the doors and allow everybody else who can physically come in here. Let's take the site plan, put it down here, we'll reconvene the meeting you look at the site plan and you'll see it's only in beginning stages is my understanding right? Page 14 - November 21, 1991 Public Hearing - William C. Southold Z.B.A. Goodale MR MCLAUGHLIN: Correct. CHAIRMAN GOEHRINGER: And you take a look at it and see if that fits your bill and then we'll come back and then close the hearing and then get to McDonalds. MS $IDLAUSKAS: Okay, thank you. CHAIRMAN GOEHRINGER: Alright. I make a motion recessing this hearing for about five minutes to allow everybody to sit down for the next hearing. Gentlemen I offer that as resolution. Ail in Favor - AYE. The Chairman reconvened the hearing. CHAIRMAN GOEHRINGER: Ms Sidlauskas do you have any further questions or comments concerning that now? MS SIDLAUSKAS: Well yeah, I mean I don't know a whole heck of a lot about blue prints but I think it's quite evident from there initial blueprint that the cars, the display vehicles are right on the road and I would hope that the Town would recommend that they at least have some sort of a buffer that would be attractive. I know you can't hide the display vehicles they have to be visible. But to be practically coming out into the Main Road. CHAIRM3~q GOEHRINGER: Are you referring to a green area or low shrubs or something like that. MS SIDLAUSKAS: Yeah, you know a little side walk or whatever and low shrubs or some kind of plantings or something that would make it a little more appealing to the eye. It's a you know not a great place to have it but it's. The property has been in the family for a long time and they obviously have tried hard to keep it that way. So it looks an awful lot of asphalt, it looks scare to me but. CHAIRMAN GOEHRINGER: Thank you very much. MS SIDLAUSKAS: I haven't really looked into ...... MR MCLAUGHLIN: If I could just respond very briefly. CHAIRMAN GOEHRINGER: Surely. MR MCLAUGHLIN: Obviously assuming that we obtain a special Page 15 - November 21, 1991 Public Hearing - William C. Southold Z.B.A. Goodale MR MCLAUGHLIN, cont'd: exception from this Board we would then move on to the next phase which would be to go before the Planning Board for site plan approval. I'm sure that the Planning Board in its discretion will take up the particular issues of setbacks and green areas and obviously we will comply with the reasonable demands of that Board. We're certainly not looking to alienate any of the neighbors. We're trying to be able to operate a decent business and we will do what's ever reasonable necessary as far as the Planning Board is concerned. CHAIRMAN GOEHRINGER: Thank you. Any further comments? Seeing no hands I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. § 100.100 SOUTHOLD CODE § 100-101 ARTICLE X General Business (B) District [Added 1-10-89 by L.L. No. 1-19892o] The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100.101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100- 31A(2) and (3) of the Agricultural-Conservation District. (2) Any permitted use set forth in and regulated by § 100- 91A(3) to (18) of the Hamlet Business District. (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses er yards. C ~ Editor's Note: This laeal law also repealt~l former Art X, Tourist Camp~ Carap Cottages and Trailen. 10080 lO- 2s- ss § 100-101 (5) ZONING § 100-101 Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent~ (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10)Telephone exchanges. Uses permitted by special exception by the Board of Appeals. The following uses are permitted ss a special exception by the Board of Appeals, ss hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (13), except wineries are not required to be in connection with a vineyard. [Amended 8-1-89 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L~L. No. 19-1991] (Cont'd on page 10081) 10080.1 9- 2s- 9~ § 100-101 (~) ZONING § 109-101 Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(15) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research design or development laboratories, provided that any manufacturing shall bo limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recrea- tion, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the ground- water reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Fast-food restaurants, provided that eating on the premises of the fast-food restaurant shall be permitted only inside the structure or in areas specifically desig- natod and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand (40,000) square feet. (10) (11) Drinking establishments. Automobile laundries. 10081 2- 25- 89 § 100-101 SOUTHOLD CODE § 100-101 () (12) Public garages, gasoline service stations,~ ~ vehicle sales and ront~l ~sale of reeroatio~.~icles and trailers and boat ~ 0_% ~ ~ ......... 2o;~ tuoil;~;~ all ~uhioot tn the, f0llowin~ L.L Entrance and, exit driveways shall have an ~of not less than twelve (12) feet and ~t.y (30) feet anc[ shall be l~e-a-t~c~ ~llg:t less than ten (10) feet from any propert~ line and -shall be so lma out as to avoid the necessity of any vehicle backing out across any public right-of-way. kkl Sale of used vehicles or boats shall I~ coed.ertl only ~ as accessory to the sale of new vehicles or boats~ Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. ~ 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. 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. () (._) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. o~lf Outdoor area lighting shall be that generally required for security purposes and ~hnll ho ~krieted tn the front/9ne-third (1/3~ nf tho lot deoth._ ou,~JJ.,~~hall be-Yocated at a height of not more than fourteen (14) feet above ground level and so dirocted that illumination should not extend beyond lot lines. .~,~ No gasoline service or repair shops or similar businesses are to be located within three hundred 10082 ~- zs- s9 § 100-101 ZONING § 100-101 (300) feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-serv/ce gasoline service stations, subject to all of the provisions of § 100-101B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self- service pump island whenever the qualified atten- dant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-sor~qce pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. 10082 7-25-S9 § 100-101 SOUTHOLD CODE § 100-101 (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self- service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. C. [Amended 5-9-89 by L.L. No. 6-1989]~Aeeesser¥ uses. The f_91ol!owing uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100- 31C(1) through (8) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. (2) Wall signs as set forth and regulated in § 100-81C(2)(b) of the Limited Business District. (3) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than twenty-four (24) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence and the upper edge of which shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (4) Open storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. () 10084 7- ea- ss § 100-102 ZONING § 100-111 § 100-102. Bulk, area and parking requirements. lqr~-huil~limr or nremi~,q ~hall be used and no building ~ cl~'6ir~s-to the Bulk Sched'file and parking and Loadink Schedules incorporated into this chapter by reference, with the same force and effect as if such regulation were set forth herein in full? ARTICLE XI Marine I (MI) District [Added 1-10-89 by L.L. No. 1-1989~2] § 100.110. Purpose. The purpose of the Marine I (MI) District is to provide a waterfront location for a limited range of water<lepondent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters but which are located within the town's tidal creeks or natural coves. § 100.111. Use regulations. In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for these uses permitt~l under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) One (1) one-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. 21 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~ 100-191 and 100-192. 22 Editor's Note: This local law also repealed former Art. XI. General Rekmlatlons. as amended. 10085 7- 2.s- ~9 Town of Scuthold Bulk Schedule for Business, Office and Industrial DistricL~ [Added 1-10-89 by LJ~ No, 1-1989] LB IAmited Minimum requirement-~ for husines& office, indus trial or other nonresidential use~ Lot size (square feet) 80,000 Lot width (f~tl 175 Lot depth Ife~t) 250 Front yard (feetl 60 Side yard Ifeet) 20 Both side yards Ilo't) 45 Scar yard (feet) 75 Business Marine 1 20.C~O 40,000 B0 150 100 150 15 35 10 20 25 45 25 25 25 25 40 30 35 35 2 2 L10 Light Industrial LI M-Il Park/Planned Light Marine 11 Office Park Industrial 3O 2O 3O ,35 35 35 2 2 2 For minimum requiremcnt,~ for residential uses, refer first U~ Density and Minimum l~t Site Schedule for Nonresidential Districts and then to appropriate tedicat*~l ¢,ulumn in the Bulk Schedule for Residential Uses. In the Marine I and Marine II Districts. only land above mean high water shall qualify for area 2 - 25 - 89 Dist r~ct ~])T SIZE (square f,,etk Town of Sauthoid Density ami Minimum Lot Size S~hedule for Nonresidential Distrlcts~ [Added 1-10~89 by L.L~ No. 1-1989] LIO LB HB B Light Industrial LI Limited Hamlet General M-I M-II Park/Planned Light Busine~ Business Busineas Marine I Marine 11 Office Park Industrial 2 family dwelling with community water NA 40,0~0 (ii) NA NA NA NA NA Roman numerals refer to thc applicable column in the R~idential Bulk Schedule. ~'or multi le dwelbn , hotel, motel 'and/or eonferenet. · uses (where permitted),., this. table refers .to minimum. . lot size per unit. ~efer to the Residential Bulk Schedule for total lot size. Town of So~thohl MINIMUM LOT SIZE (square feet): KEY: 1(;0,~0 40.000 (ii) NA NA NA NA NA NA 40.000 (ii) NA NA NA NA NA NA 20,0{}0 (vii, NA NA NA NA NA ,'20,000 NA NA NA NA NA 20,000 NA NA NA NA NA 10,(~0 NA N.A NA NA NA Fur multiple dwelling, hotd. motel and/ur conference uses (where permittz~d), this table refers to minimum lot size per pnig R~.fer te the Residential B~dk Schedule for total lot size. Town of Southold Bulk Schedule for Business. Office and Industrial DislricLs [Added 1-10-89 by I,.L, No. 1-1989] LIO LB lib B Light [ nduslrial Minimum requirements for busine~a, office, indus- 2 - 25 - 89 Town 8oard To ~;hom It May Concer.n: He, the following, who have a££ixed our names to this letter, petition the Town of Smut. hold, to allow a used car. lot to be allowed to operate at 7655 ~oute 25, Laurel (Mattituck>, N.Y.. He feel that. such a business would be an asset, to our %own~ filling a need £or the people ef Southold, who may have a need for more affordable transportation options. ./Garrett A. Strang NOV 2 Main Road, P.(L Box 14D2, Somh,~kl, NY 11971 (516) 765-5455 November 20, 1991 Southold Town Board of Appeals Main Road P.O.Box 1179 Southold, New York 11971 Re: Goodale Premises, 7655 Main Rd. Laurel, N.Y. Tax Map No. 1000-122-06-30.1 Dear Mr. Goehringer and Members of the Board: In response to your letter of October 31, 1991 in which you question the square footage of the exist- ing and proposed uses, I submit that as per our ap- plication, there will be no expansion to any of the existing buildings on the site for the uses as previously existing or approved. The following is a accounting of the existing site development: Northerly Structure - preexisting nonconforming residential use of approximately 600 sq. ft. with storage below. Southerly Structure - Preexisting nonconforming residential use on the upper level of approximately 767 sq. ft. with a business office use on the lower level of approximately 6~0 sq. ft. For the record, the above was acknowledged and ap- proved as per a Zoning Board action dated August 16th, 1986 Appeal No 3521. The present application includes approximately 2,565 sq feet of outdoor vehicle display as acces- sory to the business office use. I trust this satisfactorily answers your questions. Very truly yours, Garrett A. Strang, R.A. TOWN OF SOUTHOLD BUILDING DEPARI~MENT Oftl~ ofth~ Buildin~ Imp~l~r Town H~I S~mlhokl, N,Y.' Certificate Of Occupancy ' ;' "'~' · ..... FU~ M~ ~. ~, ~ ' ~ ~" .................. · ..... ~ No.=.-. ~ .......... :j.~egu~rementa For a pe2va~e one-~aml2.y dwe~21n& built pr2or :o t9 ~e A~ Cert2~Lca:e of Occupagcy · ; 1957 p~t to w~h ~~ No .....' '' ............ 1~. 8~, ~ ~, ~ ~f~ to ~ of~ hw. ~ ~u~ f~ w~ ~ ~te~m~ ~..~vv .... D~p~ttmmt of Health Approval . .. ~/.~,, ........... ~/. ~, ........... located in a B-~ General Bus,ness District. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. ZI25~4 Date .. . June II - 1~.4. THIS CERTIFIES that the building . adclition .to. clwelling ................. Location of P~operty 7655 Mmin Road Mattituck House No. Street Ham/et ,County Tax Map Bio. 1000 Section .. ,I.~ ...... Block .... ~ .......... LOt ... 30 Subdivision ............ .x .................. Filed Map No .... x. ....Lot No ...... x. .... ... conforms substantially to the Application for Building Permit heretofore f'ded in this office dated 12980Z ....... · M~;%qh. ~ ..... , 19 .8.4. pursuant to which Building Permit No ...................... dated ..... April 5 19 .8.4. ' d fo fth i ...................... , was Issue , and con rms to all o e requ rements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... addition to ex. istin, g one-family dwelling. The certificate is issued to . ~..~qR..E.W..E., & WILLIAM C. G00DALE (owner, ~aee. e~) of the aforesaid building. Suffolk County Department of Health Approval .......................................... N645693 UNDERWRITERS CERTIFICATE NO .............................................. .. .. Building Inspector Rev. 1181 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 SCOTT L. HARRIS Superwsor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax 1516) 765-1823 J. Kevin McLaughlin Attorney at Law 1050 Youngs Ave. P.O. Box 1210 Southold NY 11971 April 15, 1992 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 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. Enc. 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 Origonis, .Ir. Serge Doyen, .Ir. James Diniz/o, 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 October 31, 1991 Mr. Garrett A. Strang, P.O. Box 1412 Southold, NY 11971 RoA. Re: Application Requesting a Special Exception Premises of William Goodale at Main Road, Mattituck Dear Garrett: This letter will acknowledge receipt by our office of the above application requesting a determination as to whether or not this Special Exception request will meet all of the require- ments under the zoning code for this 36,155 sq. ft. "B-General" Business Zoned parcel for approval of a business office use, on-premises sales/lease of motor vehicles with on-premises display of vehicles, with pre-existing nonconforming residential use. The Pre-Certificate of Occupancy submitted with the application indicates "two nonconforming one-family dwellings," ~ne single-family dwelling use in each of two separate building structures). Unless requested by you, the processing of this application will continue, even though you have chosen not to request a preliminary review by or file at this time with the Planning Board for site plan approval under the site plan regulations. Therefore, the intended business uses will be, as you know, subject to a formal application to the Planning Board and subject to those conditions determined by the Planning Board. We would like to confirm at this time that the filing and processing of this application by the town does not waive any other determinations or reviews necessary by the Board of Appeals, and there is no acquiescence that the project would meet all other regulations until a full review has been completed. ' ' L Page To~ Re: 2 - October 311 [991 Garrett A. ~g, R.A. William Goodale Application In the interim, please prepare and furnish to us a sketch showing the floor layout of all uses, and the amount of square footage to be used for the proposed business uses and preexisting residential areas, as is to be modified and different from that which preexisted zoning in 1957. A public hearing has been scheduled for Thursday, Novem- ber 21, 1991, at approximately 7:45 p.m. and a copy of the Legal Notice as published by our office will be forwarded to you within the next few days. Please be aware that no postponements will be permitted, and the owner(s) should also be present to answer questions concerning the property and its uses. Yours very truly, CHAIRMAN cc: Building Department GARRETT A. STRANG ARCHITECT MAIN ROAD, P. 0 BOX {412 SOUTHOLD, NEW YORK 11971 October 25, 1991 Southold Town Board of Appeals Main Road P.O.Box 1179 Southold, New York 11971 Re: Goodale Premises, 7655 Main Rd. Laurel, N.Y. Tax Map No. 1000-122-06-30.1 Dear Mr. Goehringer and Members of the Board: In response have enclosed above: to your letter of September 10th, I the following in connection with the 1. Application for Special Exception; 2. Building Department Disapproval; 3. Four (4) copies of Site Plan; 4. Application Fee in the amount of $300.00 You will note that the Building Department deter- mined that a Special Exception only will be re- quired, inasmuch as variances have already been granted for the pre-existing two residences and business/office use. (Copy of ZBA decision of Au- gust 16, 1986 enclosed for reference). Please review and if you have any questions or if addtional information is required, call my office. I look forward to this matter being placed on the calendar at the first opportunity. Thank you for your courtesy and cooperation in this matter. Best regards. b/encs. Very truly yours, Garrett A. Strang Architect 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 O~ 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 September 10, 1991 Mr. Garrett A. Strang, P.O. Box 1412 Southold, NY 11971 RoAo Re: Goodale Premises at Mattituck - 1000-122-6-30.1 Car Sales with Related Office in Conjunction with Dwellings Dear Garrett: It is our understanding that the subject premises is being utilized for outdoor car sales without having obtained Special Exception approval, and that you are in the process of submitting the paperwork necessary. Our records show that it has been previously determined by building inspector(s) and the Board of Appeals over the years to allow one principal use Der minimu~ ]~ ~re~ specified in the Bulk S~eaule. And to date, there has beeh ho change in this interpretation. J It is urged that you file with our office either or both applications (area variance and/or Special Exception) within ten (10) days of this letter. If you are not able to obtain a Notice of Disapproval from the Building Inspector, please state so on a separate sheet of paper attached to the front of the application. At that time, we will review the documentation with the Town Attorney. The filing fee for the Special Exception is $300.00. The filing fee for the Variance is $300.00. If you file both at the same time, the Board of Appeals filing fee would not be more than $500.00. (The filing fee check will be kept in our office until such time as the application(s) are deemed complete. ) Page 2 - September 10, 1991 To: Mr. Garrett A. Strang, R.A. Re: Goodale Premises (Car Sales) at Mattituck Please let us hear from you as soon as possible. Very truly yours, lk CC: GERARD p. GOEHRINGER CHAIRMAN Harvey A. Arnoff, Town Attorney Matthew G. Kiernan, Asst. Town Attorney Garrctt A. :\rchit¢ct Strang Main Road. ILO. Il,Ix lS.l-:_~lLut~hol¢~J~N._'I I 1(~71- (o16) /6a-a4oa~ - ; ' , , August 5, 1991 Southold Town Board of Appeals Main Road P.O.Box 1179 Southold, New York 11971 Re: Goodale premises 7655 Main Rd. Laurel, N.Y. Tax Map No. 1000-122-06-30.1 Dear Mr. Goehringer and Members of the Board: I am herewith requesting an interpretation by the Board as to the proper application procedure required for the above referenced property. The subject premises is located in the "General Busi- ness'' zone and presently contains two preexisting non- conforming single-family dwelling structures, each of which has a valid certificate of occupancy. A Variance was granted in 1986 under appeal No. 3521 for a reduction of the living area in the southerly most dwelling structure, so as to accommodate an increase in the existing first-floor office area. At the present time the intended business office use, to be located in the previously approved first floor area of 662 sq.ft.., is for the leasing and/or sale of ve- hicles. The second floor use will remain as the residence of Mr. Richard Goodale. There will be no ex- pansion to either of the existing buildings ,at this time. Southold Town Board of Appeals August 5, 1991 Page two It is my opinion that the business use together with the preexisting nonconforming residential use has been sub- stantiated by the aforementioned action of The Zoning Board of Appeals. It is further my opinion that an ap- plication for a special exception as per section 100-I~1 B(12) is the only additional action required by the Z.B.A. It is also understood a Site plan approval by the Planning Board is required and application for same will be made concurrently with that of the special ex- ception. I will await the interpretation of the board with re- spect to concurrence on the above so I may proceed with the necessary application process. If the Board has a differing position, requires additional action be taken or if additional data is required, please advise accord- ingly. GAS/g. cc: Mr. Richard Goodale Very truly yours, Garrett A. Strang Architect Garrctt A. Strang ~M:chitect Main Road, P.(). Box 1412, Southqlyl, ~ ~ 19_Z~ (516) 765-5455 , August 5, 1991 AUG 6 1991 Southold Town Board of Appeals Main Road P.O.Box 1179 Southold, New York 11971 Re: Goodale premises 7655 Main Rd. Laurel, N.Y. Tax Map No. 100~-122-06-3~.1 Dear Mr. Goehringer and Members of the Board: I am herewith requesting an interpretation by the Board as to the proper application procedure required for the above referenced property. The subject premises is located in the "General Busi- ness'' zone and presently contains two preexisting non- conforming single-family dwelling structures, each of which has a valid certificate of occupancy. A Variance was granted in 1986 under appeal No. 3521 for a reduction of the living area in the southerly most dwelling structure, so as to accommodate an increase in the existing first-floor office area. At the present time the intended business office use, to be located in the previously approve~ ~lrs~ ~oor ~rea of ~, is for the leasing and/or sale of ve- hic~"---~T~-e second floor use will remain as the residence of Mr. Richard Goodale. There will be no ex- pansion to either of the existing buildings ,at this time. Southold Town Board of Appeals August 5, 1991 Page two It is my opinion that the business use together with the preexisting nonconforming residential use has been sub- stantiated by the aforementioned action of The Zoning Board of Appeals. It is further my opinion that an ap- plication for a special exception as per section 108-101 B(12) is the only additional action required by the Z.B.A. It is also understood a Site plan approval by the Planning Board is required and application for same will be made concurrently with that of the special ex- ception. I will await the interpretation of the board with re- spect to concurrence on the above so I may proceed with the necessary application process. If the Board has a differing position, requires additional action be taken or if additional data is required, please advise accord- ingly. Very truly yours, / GAS/g. Garrett A. Strang cc: Mr. Richard Goodale Architect ·own of ~outho]d Bulk Schedule for Business, Office and lnduslrial Districts [Added 1-10-89 by L.D No. 1-1989] LIO LB HB B Light Industrial LI Limited Hamlet General M-I M-Il Park/Planned Light District fiusines,s Business Business Marine I Marine Il Office Park Industrial Minimum requiremenC~ for busJne~a, office, indus- trial or other nonresidential uset Lot size (square feet) 80,000 20,000 30,000 40,000 80,000 120,000 40,000 Lot width (fe~t) 175 60 IS0 150 150 200 100 Lat depth (f~et) 250 100 150 150 150 300 150 Front yard (feet) 60 15 50 35 35 75 50 Side yard fleet) 20 10 25 20 25 30 20 Both side yards {feet) 45 25 50 45 50 60 40 Rear yard Ifet't) 75 25 35 25 25 75 70 Landscape area (percent) 35 25 35 25 20 35 25 Maximum permitted dimensions Lat coverag~ ipercent) ' 20 40 30 30 30 20 Buihling height {feet) 35 35 35 35 35 35 35 Number of stories 21.; 2 2 2 2 2 2 MINIMUM LOT SIZE (square feet): KEy: NOTES: 80.000 20,000 10.000 40.000 80,00~ (iii} a0,000 (;'ii) NA 40O00 NA 20.000 {vii) NA 20000 NA 10,0~XI (xi) NA 10.000 40.000 (ii) NA NA 40,000 (ii) NA NA 20,000 (vii, N^ NA J20,O00 NA NA 20,000 NA NA 10.(~O0 NA N.A 6,600 6,0~0 NA 6,000 6,000 NA 4,000 4,000 NA ~_For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot size per pniL Refer to the Residential Bulk Schedule for total lot s,ze. yard and setback dimensions for the applicable district, unle~ more-restrictive ~quirements are indicated in ~-~ t~ of the chapter. a [.~,mcnded 8-1-89 by L.L. No. 14-1989] lO - 25 - 89 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: FROM: DATE: RE: ZONING BOARD OF APPEALS OFFICE OF THE TOWN CLERK OCTOBER 29, 1991 ZONING APPEAL APPL. (SPECIAL EXCEPTION) #4066-WILLIAM GOODALE Transmitted herewith is ZONING APPEAL APPL #4066 (SPECIAL EXCEPTION) together with a letter from Garrett A. Strang, representing Mr. Goodale, a copy of a Lettter of Authorization from Mr. William Goodale, Notices to Adjacent Property Owners, Notice of Disapproval from the Building Department, a copy of the site plan maps, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Certificate of Occupancy, a copy of the deed, and a copy of the Board of Appeals action on Appeal No. 3521. Judith T. Terry Town Clerk NOTICE OF HEARINGS · NOTICE IS HEREBY GIVEN. pu~uam ~o Sccdon 267 of the Town ~w and th~ Cod~ of th~ Town of S~o~d, ~e foUow~g maucrs ~U ~ ~ld for public h~gs ~fo~ ~c SOUTHOLD TOWN BOARD OF APPEALS at thc Southold Town Hall, 53095 Main Road, Southold, NY 11971. on THURSDAY. NO- VEMB~ 21, 1991, c~mcnc~ at (l) 7:20 p.m. AppL No. 4~4 ~ ~. AND M~. WT1.].[AM R. AH- MUTY ~. Valance to thc ~n~g Ordinance, A~icle XX~, Section p~ b~ld~g wi~ a ~duccd set- ~ck f~ ~c e~s~g ~&h~d (and ~ge of n~fo~cc ~ough fi~ at ~c side ya~s). ~ ~stfict: R~0 ~w-~s~y Rcsiden~ ~a- tion of Property: 3405 Bayshorc Road, G~enpo~, NY; County Tax (2) 7:25 p.m. Appl. No. 4063. Article ~, Section ]00-3IA(l) for dwelling use and occupancy with denfial ~e Dist~ct and con.ns a ~e ~nor Subdivisi~ Map before thc Town Planning Board dated August 12, 1982 ~t ~3). ~d~ of Property: Private right-of-way (3) 7:35 p.m. Appl. No. ~9 ~ CLIFFS~E ASSOCIATe. A~I for ~ ~tc~rc~ under ~c ~fi- n~on Sccti~ of ~e ~n~g Code, d~ (~tchcncttcs). ~d~ of cay: 61475 Cowry Road 48, G~cn- ~n, ~; ~ty T~ Map Pa~ ID 10~-045~1-001 & ~2 (2.1), con- Dis~ct: Rcso~ Rcsid~fial ~). ~c sub, ct ~m~scs was ~e subjc~ of a c~di~ona[ a~mv~ ~dcr Appl. 3542 in which a Special Exception out map~ or plans for ~ndividual ~tch~cttcs or dwcH~g uses). (4) 7:50 p.m. A~I. No. 4~E -- WILLIAM C. GOODALE. S~clal Ex~p~on to ~c ~g Ordinan~, A~clc X, Sccti~ l~401B(12) for pcrraisalo~ to establish new use for outside, on-premises motor vehicle sale~ and [~asing, and related business of Ece, in conjunction with pm-exist- ing nonconforming residential usc. The subjeo prcannises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that thc premises has b~ improved and occupied with t~v-o principal baildJngs, each with one sin- gle-family dwelling use. This parcel contains a lot area of 36,155 sq. ft. and lo~ width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; County 'lax Map Parcel No. 1000-122-06-30.1 (or 30). (5) 8:00 p.m. Appl. No. 3970 -- McDONALD'S CORPORATION. (Owner: Cofam Realty Co.) for a rant wi~h drive-through (or drive-up) this General Business (B) Zone Dis-~ 2,210-1TN14 ,-~ STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ff,'f~:4~ f'~~ of Mattituck, In said County, helng duly sworn, says that he/she Is PdnclpnS Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, pubibhnd at MattJtuck, 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 regulndy published in said Newspaper once each week for / weeks successively, ©ommencing on the /~/'-- day of ~ r ~ ~ [ Pri~ipal Clerk ./ Swom to before me this /~- AUCE C. Moc~NA~ N~W Pu~l~ S~te ~ N~ York No, ~79351 Qual~ in Suffolk ~ ~mmiss~n ~ires Dec. 8, !tXNOTICE OF HEARINGS ~b' ~OTICE IS HEREBY GIV. EN, 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, NY 11971, on THURSDAY, NOVEMBER 21, 1991, commencing at the times specified below: (1) 7:20 p.m. AppL No. 4064- MR. AND MRS. WILLIAM R. AHMUTY III. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition at the rear of existing-principal building with a reduced setback from the existing bulkhead (and' increase of the deg~e or square footage of nonconformance although maintaining the same nonconformities at the side yards). Zone District: R-40 Low- Density Residential. Location of Property: 3405 Bayshore Road, Greenport, NY; County Tax Map District 1000, Section 53, Block 6, Lot 10. (2) 7:25 p.m. Appl. No 4063- PETER AND MARIE PIZ- ZARELLI. Variance to the Zon- ing Ordinance. Article IIl, Sec- tion 100-31Afl) for .permission to change use of an existing ac- cessory building from strictly sleeping quarters use to single- family dwelling use and oc- cupancy with cooking/kitchen facilities. The subject premises is located in the R-80 Residen- tiui Zone District and contains a total area of 2.979 acres, as s~hown on the Minor Subdivison Map before the Town Planning Board dated August 12, 1982 (Lot No. 3). Location of Proper- ty: Private right-of-way extend- ing from the south side of In- dian Neck Road, Peconic, NY; County lhx. Map Parcel No. 98-5-14.3. 7:35 p.m. Appl. No. 4039- ANTONIO VANGI. Variance CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article 1, Sec- tion 100-13 as noticed to the ad- joining property owners, as per- tains to dwelling and/or motel uses, and the installations of cooking facilities (kitchenettes). Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel 1D 1000-045-01-001 & 002 (2.1), containing approximately 7.5 acres. Zone ~l~krict: Resort Residential (R~rhe subject premises was the subject of a conditional approval under Appl. No. 3542 in which a Special Exception was requested for motel units (without maps or plans for individual kitchenettes or dwelling uses). (4) 7:50 p.m. Appl. No. 4066SE- WILLIAM C. GOODALE. Special Exception to the Zoning Ordinance, Arti- cle X, Section 100-10lB(12} for · permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related busines~ Office, in con- junction with pre-existing non- conforming residential use. 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. This parcel contains a lot area of 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; Coun- ty Tax Map No. 1000-122-06- 30.1 (or 30). 8:00 p.m. Appl. No. 3970- McDONALD'S CORPORA- TION. (Owner: Cofam Realty Co.) for a Special Exception to the Zoning Ordinance, to establish fast-food restaurant with drive-through (or drive-up) window subject to the re- quirements of Article X, Section 100-10lB and subject to site plan approval by the Town Planning Board. Subject lot, as exists, is conforming as to lot size in this General Business. (B) Zone District. Location of Site: South side of Main Road (State Route 25), Mattituck, NY~ County Tax Map District 1000, Section 122, Block 07, LOt 3.1. 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 hear- ing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: October 31, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN i B~;: Linda Kowalski · .' . iX-11/14/91(7) COUNTY OF SUFF~ S'rATI.'. 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, h:~s heen .fml)lished in s;lid Long Island Traveler. Watchman once each week for / ........................... weeks successively, commencing on the ............ /..~..~. ..... day of.. ~.qyg~.'o:e.~. ........ 1992 · C, worn lo herore me this .. ........... ,/. ....... clay of I',I o'¢ e mb e z' 9]. i ........................ 19 ..... Nnlary Public BARBARA A. SCHNEIDER NOTARY PUBUO, St?.te ol New York No. 4806846 Qualified in Suffolk Coqnty/ Commission Expires ~/3 t/t?~.. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigoras, 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 ! 1971 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~ Copies of legal notice for the November 21, 1991 hearings were sent or delivered to the following 11/6/91:,.~..~, L.I. Traveler-Watchman, Inc. Times-Review Mr. John Bertani, Builder 1380 Oakwood Drive Southold, NY 11971 (Re: Ahmuty Appeal) Mr. and Mrs. Peter Pizzarelli 5710 Indian Neck Lane Peconic, NY 11958 Richard T. Haefeli, Esq. (Re: 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Cliffside Associates) p r. Garrett A. Strang, R.A. (by hand) .O. Box 1412 Southold, NY 11971 (Re: Goodale) Peter R. Mineo, Esq. (Re: McDonald's) D'Amato, Forchelli, Libert, Schwartz, Mineo & Joseph F. Carlino 120 Mineola Boulevard, Box 31 Mineola, NY 11501 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~P~ USTLISTED ACTION DECI~TION SCOTT L. HARRIS Supervisor Town Hall, 53095Main Road P.O. Box 1179 Southold, New York l1971 Fax (516) 765-1823 Telephone (516) 765-1800 Nov. 21, 1991 Appeal No. 4066SE Project Name: William G00dale county T~ Map No. 1000- 122-6-30.1 Location of Project: 7655 Main Rd., Laurel, NY Relief Requested/Jurisdiction Before This ~ard in this Project: Permission to operate a used car dealership This Notice is issued pursuant to Part 617 of the i~lementing re~lations pertaining to Article 8 of the N.Y.S. Enviro~umental Quality Review Act of the Enviro~umental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been sttbmitted with the s%tbject application indicating that no significant adverse environmental effects are likely to occur should the project be J~plemented as planned, and: {X } this ~urd wishes to ass~e Lead Agency status and urges coordinated written comments by your agency to be st~bmitted with the next 20 days. { } this Board has t~ken jurisdiction as Lead Agency, has deemed this ~ard 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 sttbmitted and evaluated, a/Id/or b. ~ inspection of the property has been ~de, 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 i~rovements. { } this Board refers lead agency status to your agency since the ~ard 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 i~rovements 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, ~ 11971 at (516) 765-1809. mc INSPECTORS Victor Lessard Principal Building Inspector Curtis Morton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD June 25, 1991 SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Rob~e~t Goodale 665 Stillwater Avenue Cutchogue, N.Y. 11935 JUN 2 8 1991 Dear Sir: Your property on the Main Road in Laurel, Suffolk County ---~ax Map 91000-122-06-33 has set up a used car business without proper town approvals. This enterprise requires an approved site plan from Southold Town Planning Board. It also requires a Special Exception from the Town Zoning Board of Appeals. This is to be considered an Official Notice to immediately take the proper steps to correct this condition or face legal action. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Victor Lessard, Principal Building Inspector VL:gar cc to: Southold Planning Board Southold Zoning Board of Appeals/ 'PROJECT I.D. NUMBER 617.21 '~. SEQR Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by Applicant or Proiect sponsor) 3. PROJECT LOCATION; Munh=ll~aflh, S O U ~ ~ O 1 d ~ Suffolk 7655 Hal~ Road~ 5au~el, . Ne~ ~o~A NoTth Side DE N.~.State Rt. 25" ~50 gast o~ ~Tay Ave. E. IS PROPOSED ACTION: E.'D~Cm.~ p~S~ BRIEFLY DJ. splay of MOtor vehicles for the purpose of sale and/or lease together with existing residential use which is pre-existing, non-conforming. 7. AMOUNT OF ~NO AFFECTED: Initially ~ acres Ulllmately ~ 0 · 83 acres ~ YeS ~ NO II NO, =ascribe briefly Property presently is developed with two pre-existing non-conforming residences one of which has a first floor business office use. 9. WHAT IS PRESENT ~NO USE I" VICINI~ OF PROJECT? ' ~TATE OR LOCAL)? 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FR~ ~] Yes [~ No If yes, list agency{s) and permit/approvals ! I. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? Business office use of 662 sq. ft. together with second floor residence of 767 sq. ft. was previously approved via appeal #3521 dated 8/16/86 ption APP,c,,t/sDonsor ,am.: G~rrett A StrDn , Architect s,0..,.,~. ~ ri- ~/j/ ~ 0~,.: Sept. 2~, ~ 1 (Continued on reverse side) Represent£ng~ Goodale The N.y.S. EnvirOnmental Oualit Rev' of this form, and an environmental ~v' ~.~c~ reqq~res submission ~HORT ENVIRONMENTAL ASSESSMENT FO~I INSTRUCTIONS: (a) in--order bo answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project ~Umd the likely impacts of th~ action. It is not expected that ad~i~ona~ studies, research or uther investigations will be undertaken. (b) If a~y question has been answered Yes th~ project may be sig- (o) If all questions have been answered NO it is likely that bhe proJec= is hoc Significant. (d) ~vi~Onmental Assessmen~ .-' ~o Will project result in a large physical change to the project site or physically alter more · than l0 acres of land? ~Yes X NO 2. Will there be a major change to any unique or unUSUal land form on the site~ ~Yes X NO 3. Will project alter or have a large effect on Yes X NO 4. Will project have a potentially large, impact on groundwater quality? _ Yes X No 5. Will project significantly effect drainage flow - on adjacent _~_Yes ~ NO 61 Will pro,eot affect any threatened or endangered plant or animal s~e¢ies? ..._Yes X No 7. ~11 pro~ect, result in a major adverse effect on asr quality? .. Yes X No 8. Will project have a major effect on visual char- known to be important to the community? _.__Yes _.__~o V. Will project adversely impact any site or strucu- importance or any site designated as a critical environmental area by a local agency? .___Yes X_~No 1~. Will project have a m~jor effect on existing or future recreational o~portunities? . ~Yes ~XNo 11. Will project result in major traffic problems or cause a ma)or effect to existing transportation Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result Of the project's operation? ~Yes XNo ~3. Will project have any impact o~ public health or safety? ~_Yes X No 14. Will pro]eot affect th~ existing community by directly causing a growth in permanent popula- charact~ cf the community or neighborhood? 15. IS there public controversy Concereing the pro]eot? Yes X No Sept. 25, 1991 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.) William Goodale Owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} No. (~f Yes, p3.eas~ attach cmp~ ~ "cond/~ns" of s~_le.) C. Are there ~ny p~oposals to ~nge u~ alter l~n~ contc%~? { X} Yes { } No Minimal to accommodate driveway/parking D. 1. Are there any areas which contain wetland grasses? No 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? N/A 4. If your property contains wetlands 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 above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~as which e~t and are not ~how~ on the survey map that you submitting? none If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? None 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? none If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel 2 residences one with business office and proposed use Same with business office use for sale/lease of motor vehicles together with display of said vehicles. Authorized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. -No. 6-1984] WETL.MNDS [Amended 8-26-76 by L.L Ne. 2-1976; 3-26- 85 by LJ.,. No. 6-1985]: ~'~".' ~' · '? A. TIDAL WETLANDS: (1) All lands generally covered or intermittently coy- 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 Iow 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 followin~ salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, maxshm~llow and low (3) All land immediately adjacent ~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- 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." 9705 z- as. ss - LETTER OF AUTHORIZATION - TO WHOM IT MAY CONCERN: , authorize Garrett A. Strang, Architect, to act on my behalf in making application to the New York State Department of Environmental Conservation, and any other State or local agency, with regard to this project. Sworn to before me this ' 1991 GENEVIEV~ E. HARRIS Norm,/Public, State of New YMk No. 52 - 6780360, 8uffoJk County ~ ~ {NmVIDUALL~ AND A" L, CIC~rlix Ol IILL AMD TI~AMEMT OP ANDREW E. ~DAL~, I~IDJJ{O AT #tS FOURTH STRLET, NEW SUFFOLK, NY AND #ILUAM C. OOODALE, RFmDJNG AT els FOURTH #ILUAM C. GOODALP.. NP~JD{NO AT #1', FOUi'I'M ITRE~r, ~Oll( I{IH , BEGI#NI#G it i po#. m~ th~ no~mh~yly -de or Miin Rood dnimw ~. II tnt mm~dy i · 'IEMCE o{~ smm~ ~ l~e rdSowq two (2J co~,Mo mod dMm~m pm~.. d ? ~m, m mm dqemmmm biM ~ pm, d dm ,.,d d ,ho tram hm ip ,~.p {bt ~mud p~ ddi~m~ mdmId'pm~m'mdmmmumddiWdmImmmIm 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 sco't'r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~O.~/~ Used Car Busines~Route 25, Mattituck SCTM#lO00-122-6-~ ~, June 18, 1991 During an inspection of the above referenced property on June 4, 1991, planning staff found a used car/truck sales business in operation. ~j~/?~A used car business is a use that is permitted only by Special ,,]~Exception from the Zoning Board of Appeals. The property owner, Robert Goodale of 665 Stillwater Avenue, Cutchogue, should be notified that he needs to apply for a Special Exception for this use. If the Appeals Board grants the Special Exception, the Planning Board will require that a site plan application be filed. cc: Vincent Wieczorek, Ordinance Inspector Gerard Goehringer, Chairman, Zoning Board of Appeals Matthew Kiernan, Assistant Town Attorney Southold Town Board of Appeals -16- July 31, 1986 Special Meeting (Appeal No. 352T - GOODALE;) PENDING DECISION: Appeal No. 3521: Application of ANDREW AND WILLIAM GOODALE for a Variance to the Zoning Ordinance, Article III~ Section 100-31 fo~ permission to reduce living area in preexisting, nonconforming dwelling unit in this "B-l" General Business Zoning District, to less than 850 sq. ft. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-30.1 (or 30). Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of ANDREW AND WILLIAM GOODALE under Appeal No. 3521; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance of the provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code, as referred in the Notice of Disapproval dated March 28, 1985 of the Building Inspector, for permission to reduce the living area of this preexisting, nonconforming dwelling unit Southold Town Board of Appeals -17- July 31, 1986 Special Meeting (Appeal No. 3521 GOODALE, decision, continued:) to 767 sq. ft. (on the second level), in order to add office area to the first floor for a total floor area for the business use of 662 sq. ft. 2. The premises in question is located along the north side of the Main Road (State Route 25) in the Hamlet of Matti- tuck (near Laurel), and is identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (30). 3. The subject premises contains a total lot area of 1.12± acres, with a frontage along the Main Road of 120 feet. Existing upon the subject premises are two single-family dwelling structures as noted by Certificate of Occupancy #Z10885 dated March 1, 1982, and Certificate of Occupancy ~Z12534, and more particularly shown by sketch prepared by Anthony Lewandowski stamped April ll, 1986, and sketch prepared by Penny Lumber dated July 18, 1986. The subject premises is located in the "B-I" General Business Zoning District. It is Q~ understanding that this application does not involve the enlarging of either of the existing buildings at this time and is an alteration of the first-floor to add office area to expand the present professional-business office use and not for a separate business occupancy. 4. I~ is noted that one of the effects of the granting of this variance is to reduce the nonconformity of the dwelling unit in this structure, which is within the spirit of the zoning ordi- nance. In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial in relation to the zoning requirements for this business zoning district; (b) there will be no substantial change in the character of the immediate area; (c) the circumstances are unique; (d) the practical difficulties are sufficient to warrant the granting of this variance; (e) there is no other method feasible for appellant to pursue other than to enlarge the existing building [which is not feasible for appellant at this time]; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Variance as requested under Appeal No. 3521 in the Matter of the Application of ANDREW AND WILLIAM GOODALE for permission to reduce nonconforming livable floor area of preexisting dwelling unit to 767 sq. ft., BE AND HEREBY IS APPROVED AS APPLIED. Southold Town Board of Appeals -18- July 31, 1986 Special Meeting (Appeal No. 3521 - GOODALE, decision, continued:) Vote of-the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Douglass and Grigonis were absent.) This resolution was duly adopted. PENDING DECISION: Appeal No. 3517: Application of ROSALIE GOWEN for Variances to the Zoning Ordi- nance, Article III, Section 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off/redivision of land located at the corners of Zena Road, Cpt. Kidd Drive, and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map No. 1672, Lots 134, 153 and 154; County Tax Map Parcels No. 1000-106-02-32 and 43. The following took the following action following deliberations: WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of ROSALIE GOWEN under Appeal No. 3517; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests reconsideration of a recent decision rendered by this board under Appeal No. 3450 for a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code for approval of insufficient area, width and depth of two parcels proposed on this 31,740 sq~ ft. tract of land, as follows: (a) 13,824 sq. ft. in lot area, 106.64 front- age along Zena Road, and depth of 133.59 feet for proposed Parcel #1 (to the south), and (b) 17,916 sq. ft. in lot area, 135.77 ft. frontage along Cedar Drive, and 91.67 feet along Zena Road, and depth of 133.59 feet.for proposed Parcel #1 (to the south), and (b) 17,916 sq. ft. in lot area, 135.77 ft. frontage along Cedar Drive, and 91.67 ft. along Zena Road, and depth of 133.59 feet. Southold Town Board of Appeals MAIN ROAD o STATE: ROAD 25 SOUTHOLD, L.I., N.Y, 119'71 ACTION OF THE ZONING BOARD OF APPEAT.R Appeal No. 352] Application Dated June 4, ]986 TO~ Andrew Goodale, Esq. Mr. William Goodale l§ Fourth Street, Box 146 New Suffolk, NY 11956 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on July 3], ]986, t-he above appeal was considered, and the action indicated below was on your [ ] taken Request for Variance Due~to Lack. of"A6cess to Property New York Town Law, SectiOn 28'0-a' [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Reques~ for Application of ANDREW AND WILLIAM G00DALE for a Variance to the Zoning Ordinance, Article III, Section ]00-3] for permission to reduce living area in preexisting, nonconforming dwelling unit in th~$ Genera] Business Zoning District, to ]ess than 850 sq. ft. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. ]000-]22-6-30.] (or 30). WHEREAS, a public hearing was held and concluded on July 17, 1986 ih the Matter of the Application of ANDREW AND WILLIAM GOODALE under Appeal No. 3521; and WHEREAS, the board members have personally viewed and are familiar with--the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance of the provisions of Article III~ Section lO0-31, Bulk Schedul6 of the Zoning Code, as referred ir the Notice of Disappro~al dated March 28, 1985 of the Building Inspector, for permission to reduce the living~area of this preexisting, nonconforming dwelling unit to 767 sq. ft. (on the second level), in order to add offi.ce area to the first floor for a total floor area for the business use of 662 s§. ft. 2. The premises in question is located along the north . side of the Main Road (State Route 25) in the Hamlet of Matti- ~ tuck (near Laurel), and is identified on the Suffolk County Tax . Maps as District 1000, Section 122, Block 6, Lot 30.1 {30)~'' (CONTINUED ON PAGE TWO) · "DATED: August 15, 1986. Form ZB4 (rev. 12/81) CHAIPdV~N, SOUTHOLD TO~N OF APPE~$ ZONING BOARD Page 2 - Appeal No. 3521 i4atter of ANDREW AND WILLIAM GOODALE Decision R~ndered July 31, 1986 3. The subject premises contains a total lot area of 1.12± acres, with a frontage along the Main Road of 120 feet. Existing upon the subject premises are two single-family dwelling structures as noted by Certificate of Occupancy #Z10885 dated March 1, 1982, and Certificate of Occupancy #Z12534, and more particularly shown by sketch prepared.b~ A~thony.~~,~i~.l!~h~ n sketch repareo Dy venny Lum.~er.~u~,~ . a d P ..... ~- ~ "B-1 General Bus~ness Zon~ng~ ubject premises is /oc~eo.~n ~-: ~_~ ,~: ~nnlication does no~__~ ~istrict. It !Srt~ u~e~l~ ~:~e~i~uil~6~art~Je~fS involve the en~a ~ g ...... ~-~ floor to add office a · tera~lon OT ~n~ l//~- ~lme and is an al fessional-business office use and not ~o expand the present pro for a separate business occupancy. 4. It is noted that one of the effects of the granting of this variance is to reduce the nonconformity of the dwelling unit in this structure, which is within the spirit of the zoning ordi- nance. erin. this appeal, the board finds and determines: In consid . .g ...... + ~,,~ ntial in relation relier reques~eo ~ ,u~ o~ta ' (a) that the ..... for this business zoning district} (b) the zoning requlremun~ no substantial change in the character of the ther~ w!ll be ~ +~ circumstances are unique, .(d) ?e_ imme~ :~cul~Js~e sufficient to w~r~n~ th~a~ng prac~l~ · , ~--~ ~ -~ ~+her metnoa Teasl~ of this variance; ke}.~nu~_,~ ~ ~Z, .... +h: existino building t nursue other ~nan ~o u,,,-s=.y,,~_. , 7~ ~, view of t'he manner ~n ~h~n ~ ~~l~}j~c~ will best be all the above ~ac~o , .. -- served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was R~SOLVED, that a Variance as requested under APpeal No. ~521 in the Matter of the Application of ANDREW AND WILLIAM GOODALE for permission to reduce nonconforming livable floor ' area of preexisting dwelling unit to 767 sq. f{., BE.,AND HEREBY IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Douglass and Grigonis were. absent.) This resolution was duly adopted. lk G'~ R ARD p-[ ~OE , August 16, 1986 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 April 14, 1992 SCOTI' L. HARRIS Supervisor Town Hail, 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. 4092 - William C. Goodale (Area Variance) Dear Mr. McLaughlin:- Please find attached a copy of the findings and determination rendered by the Board of Appeals in the above matter at our April 2, 1992 Regular Meeting. Please note that t~ one of the conditions to be met includes the submission of Covenants and Restrictions in legal, recordable form signed and executed within the next 120 days outlining an agreement by the owner and subsequent owners to comply with all the conditions of the Board of Appeals in this determination. Copies of this determination have also been forwarded to the Planning Board and Building Department for their update and permanent recordkeeping. Very truly yours, lk Enclosure GERARD P. GOEHRINGER CHAIRMAN 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 %CTION 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 RrinciRal use_ on_this 36,155 sq. ft. parcel. Third principal-use is--for the ~Lablishment 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 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 $outhold, 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. 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 I1, 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) propose~-sales~%leasT~g7 an~ b~iness 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 building, without physical enlargement of the principal structure and without expansion of any nonconforming living Page 3 Appl. No. i' 92 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 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 Goodate, 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 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. 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.( 92 Decision Rendered April 2, Matter of WILLIAM GOODALE 1992 the town; conditions as such would be distinctly different from chose 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 iJ 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.i~ )92 Decision Rendered April 2, Matter of WILLI~M 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: and Goehringer. Nay: Member Villa. adopted. (4-1 margin). _ Messrs. Dinizio, Doyen, Grigonis This resolution was duly lk GERARD P. GOEHRINGER, C~AIRM3kN 11952 R~80 MATTI'r1JCK R-SO LIO GREAT 8A Y PEGONIG .J TOWN CLERK .~o~ o~ ~o~o~, 412 9 6 Su~Yolk County, New York Phone 516-765-1801 Southold, New Yor, k 11971 Date ~ ~ ~ Judith T. Te~, Town Clerk BOARD OF APPEALS, TOWN OFSOUTHOI_D In the Matter ct the Petition of : Garrett A.-Stran~t for G~odale : to the 8card of Appeals of the Town of 5ou~hold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. Thai it is the intention 'of the undersigned to petition the Board of Appeals of the Town of Southold to request a (](~k~) (Special Exception) (l~i~,O~lx'°'~l~:10x~i;~:~:~ [circle choicel 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribedasfotlows: 7655 Main Road, ~;au~'el-,.-; ~ New York North side of N.Y.State Rt.25t 450 feet east of Bra~( Ave. 3. That the property which is the subject of such Petition is located in the following zoning district: General Business 4 Thai h~, such Pedtiun, the undersigned will request the following relief: Special exception for f®r the purpose of Motor vehicle sales and leasinq. $. Thal the provisions of the $outhoid Town Zoning Code applicable to the relief sought by the under- signedare Article X Section 100-101B(12) [ ] Section 280-A, New York Town Law for approval of 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) 765-ZS09. 7. That before the relief sought may be granted, a public hearing must be held on the matter by thc Board of Appeals; that a notice of such hearing must be published at least fiYe days prior to the date of such hearing in the Suffolk Times and in the Long Island Travcler-Mattituck Watchman, newspapers published in ~he Town of Southold and designated for the publication of such notices; that you or your reprcsentatiYe have thc right to appear and be heard at such hearing. Dated:_~i~QJ~_obe/ 25 , 1991. ~~ ~etitioner Garrett A. Strung, Architect 0wners'Names:~ Richard Goodale Post Office Address P~O,~ox 1412 SouthO~ ~.Y. 11971 Tel. N0. ( 516 ) 765-5455 [Copy of sketch or purposes.] plan showing proposal to be PROOF OF MAILING OF.~NOT CF ATTACH CERTIFIED .MAIL RECEIPTR ADDRESS Troy & Joan Gustavson Parviz Farahzad Box 247 King Street, Orient, New York 11957 P.O.Box 209 Lotowana Lane, Stony Brook, N.Y. 11790 .tuck, New York 11952 U.S. POSTAL SERVICE CERTIFICATE OF MAILING; Garrett A. Strang~ R.~ Main Rd. P.O.Box 1412 ~roy & Joan Gustavson Box 247, Kinq Street Orient~ New York 11957 MAY 8E USED FOR OOMESTICANO ~NTERNATIONALMAiL, OOESNOTFROViOE GPO: 1977-750-85l P O Box 209 Lotowana Lane ~ New York 1~79 ~'~'.L"...2i.~ ~ _ 790 PS FORM ' OVIDE Southold New York 11~-7~ ~- M~r. Harvey Bagshaw __New Suffolk Ave._ Mattituckr New York 11952 ~GPO: 1977-750-851 · ~aLz=== ~, ..... , in Road. Mattituck New York , Oemg au,y :..,n, deposes and says JhaJ on ~h= 25th day of ~A~%mber . 19 9 1 , deponen[ mailed a [rue copy of [he Notice se[ forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their rmpecti~e names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on" thc current assessment roll of the Town of 5ou~hold; that said Notices were mailed at thc United States Post Of- riceat Southold, New York (certified) (registered) mail. Sworn tO 9efor,e m~e this ~- ~'- day of f.L~_~.-.--~ , ]9 _ ~ j~lotary Public ;that said Notices weremaile~L~ toeach of said persons by This side does not have to be completed on form transmitted to adjoining property owners.) GARRETT A, STRANG archit~ot Main R[oad P.O. Box 1412 Southold N.Y. 11971 516-765- 5455