HomeMy WebLinkAbout3802APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. ]'lcjT]
TELEPHONE (516) 765 1809
ACTION OF THE BOARD OF APPEALS
Appl. No. 3802:
Matter of HOWARD LUCAS/ALICE HUSSIE for a Special Exception
to the Zoning Ordinance, Article VII, Section 100-70B for
permission to establish car dealership (and sign) in this B-1
General Business Zone District. Location of Property: West
Side of Horton's Lane, Southold, NY; County Tax Map District
1000, Section 59, Block 3, Lot 32.1.
At a Meeting of the Zoning Board of Appeals held on
January 12, 1989, the following action was taken:
WHEREAS, a public hearing was held on January 12, 1989,
under File No. 3802, filed November 14, 1988; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicant requests a Special
Exception pursuant to the requirements of Article VII, Section
100-70B for permission to establish car dealership, all as shown
on the Map prepared by John A. Grammas & Assoc. revised
November 4,1988, under consideration.
Page 2 - Appl. No. 3802
Matter of HOWARD LUCAS/ALICE HUSSIE
Decision Rendered January 12, 1989
2. The property in question:
(a) is located in the "B-I" General Business Zone
District and is shown on the pending Master Plan Maps to the "B"
General Business Zone District;
(b) is presently vacant land, containing an area of
181,945.5 square feet and lot width {frontage} along the west
side of Horton's Lane of 370.08 feet;
(c) is identified on the Suffolk County Tax Maps as
District 1000, Section 59, Block 3, part of Lot No. 32.1.
3. For the record it is noted that by letters received
January 12, 1989 and December 6, 1988, comments have been
received by the Southold Town Planning Board concerning its
jurisdiction under the site-plan review process of the zoning
code.
4. In reviewing the diagram for the sign, as proposed,
is noted that the sign does not meet the requirements of the
zoning code pertaining to ground signs as to heights,
dimensions, and total sign area, and accordingly is not
authorized by this Special Exception application for the
car-dealership use.
it
5. In considering this application, the Board has: (a)
considered items {a} through {1} of the zoning code; (b)
determined the use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent-use
districts; (c) determined the safety, health, welfare,
comfort, convenience, and order of the town will not be
adversely affected by the proposed use and its location; (d)
determined that the use is in harmony with and will promote the
general purposes and intent of zoning since this is a use
permitted by legislative action and will meet the requirements
of same under the zoning code, subject to actions by the
Planning Board.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT a Special Exception for the
Page 3 - Appl. No. 3802
Matter of HOWARD LUCAS/ALICE HUSSIE
Decision Rendered January 12, 1989
establishment of a new car dealership, as applied and referenced
above, in the Matter of the Application of HOWARD LUCAS under
File No. 3802, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Minimum 75 ft. landscaped buffer along the front yard
area as required by the Planning Board under its site-plan
review process;
2. Minimum 20 ft. buffer within the northerly yard area
and southerly yard area, landscaping with minimum six-ft, high
screening, staggered (or the minimum required under the
site-plan regulations, whichever is greater);
3. Ail plantings (trees, shrubs, etc.) within buffer areas
must be continuously maintained and properly irrigated for good
growth;
4. Sign, as submitted, is denied.
Vote of the Board: Ayes: Messrs. Goehringer,
Grigonis and Dinizio. (Absent were: Member Sawicki
{out-of-state} and Member Doyen of Fishers Island {due to poor
flying conditions}). This resolution was duly adopted.
lk
GERARD P. GOEHRINGER,
RECEIVED AND FILED BY
SOUn- O D
DATE/~/~? HOUR 8 ~0£'~
Town Clsrk, Town of
S th Id To B d £App Is
MAIN a[3ad- STATE at, aD :25 SnUTHC]LD, L.I., N.Y. 11''1
TELEPHONE (516) 7651809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZI0, JR.
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 hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, JANUARY ~, 1989, at the following times:
7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK.
Variance to the Zoning Ordinance, Article III, Section 100-31,
for permission to construct addition to dwelling with an
insufficient rearyard setback. Location of Property: 62215
(309) North Road, Greenport, NY; County Tax Map District 1000,
Section 40, Block 1, Lot 3.
7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY
BOLLETINO. Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to locate accessory tennis court,
swimmingpool, and fence enclosure(s) in the frontyard area.
Location of Property: North Side (016705) Main Road, East
Marion, NY; County Tax Map District 1000, Section 23, Block 1,
Lot 14.6.
~age 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
7:38 p.m. Appl. No. 3817 - DORIS K. BROWN. Variance to
the Zoning Ordinance, Article III, Section 100-32 for permission
to locate accessory building in the frontyard area. Location of
Property: Private Right-of-Way located off the north side of
Bergen Avenue, Mattituck, NY; County Tax Map District 1000,
Section 112, Block 1, Lot 17.
7:43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK.
Variance to the Zoning Ordinance, Article III, Section 100-32,
for approval of addition to accessory building with insufficient
setbacks from property lines. Location of Property: Westerly
Side of Bennett Lane and the South Side of Pine Neck Road,
Southold, NY; County Tax Map District 1000, Section 70, Block
9, Lot 1.
7:48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY.
Variance to the Zoning Ordinance, Article III, Section 100-31,
for permission to construct addition at rear of existing
dwelling with an insufficient rearyard setback. Location of
Property: East Side of Osprey Nest Road, Greenport, NY;
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
/7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE.
/V Special Exception to the Zoning Ordinance, Article VII, Section
100-70B for permission to establish car dealership (and sign) in
· / this B-1 General Business Zone District. Location of Property:
West Side of Horton's Lane, Southold, NY; County Tax Map
(~Distriii011111 SiiiiinNii'3111ci iiTiit~i'i~iCE STEiL'
Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to locate accessory swimmingpool in the frontyard
area. Location of Property: East End Road, Fishers Island,
NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4.
8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to
the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule,
for permission to locate new principal building in this C-1
General Industrial Zone District with an insufficient frontyard
setback. Location of Property: 8595 Cox Lane and South Side of
Oregon Road, Cutchogue, NY; County Tax Map District 1000,
Section 83, Block 3, Lot 4.6.
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the
Zoning Ordinance, Article III, Section 100-32 for approval of
accessory swimming pool with fence enclosure in the sideyard
area. Location of Property: 245 Kimberly Lane, Southold, NY;
Paradise By the Bay Subdivision Lot No. 2; County Tax Map
District 1000, Section 70, Block 13, Lot 20.2.
8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER.
Variance to the Zoning Ordinance, Article III, Section 100-31
for approval of insufficient lot width (frontage) of proposed
Parcel No. 1 in this pending Minor Subdivision. Location of
Property: West Side of Little Neck Road, Cutchogue, NY; County
Tax Map District 1000, Section 103, Block 9, Lot 13.
8:15 p.m. JOSEPH AND BETTY HARDY.
South Side of Main Road, Mattituck, NY;
1000, Section 114, Block 11, Lot 5:
(a) Appl. No. 3747 - Special Exception to the Zoning
Ordinance, Article VIII, Section 100-80B, for permission to
construct wholesale storage building, accessory to plumbing use;
and
Location of Property:
County Tax Map District
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
(b) Appl. No. 3746 - Variance to the Zoning
Ordinance, Bulk Schedule, Article VIII, Section 100-81, for
permission to construct wholesale storage building for plumbing
business use.
8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special
Exception to the Zoning Ordinance, Article XIII, Section 100-80B
for permission to utilize existing building and premises for
assembly and manufacture of classic cars in this
Industrial" Zone District. Location of Property:
Main Road and West Side Elijah's Lane, Mattituck,
Lot No. 1 as shown on Map dated October 12, 1988;
Map District 1000, Section 108, Block 4, Lot 10.
"C-Light
North Side
NY; Proposed
County Tax
8:30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY,
INC. Variances to the Zoning Ordinance, Article III, Section
100-31, for approval of insufficient area of two proposed
parcels in this pending division of land. Location of
Property: West Side of Crescent Avenue and North Side of
Central Avenue, Fishers Island, NY; County Tax Map District
1000, Section 6, Block 6, Lot 20.4.
Page 6 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of January 12,
1989
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before the time allotted. For more information,
please call 765-1809.
Dated:
January 3, 1989.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GEP~kRD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTblENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
... ....
PLEASE TAKE NOTICE that your application a~tea .... ..... ZZ~ ........... 19 ~.
L°cati°n ° f Pr°petty H~e~o~:...~~'... Z~ .............. ~~~
County Tax Map No. 1000 Section .... ~ .~ .... Block ..... ~ ....... Lot ... ~.~.~.;/(. ....
Subdivision ................. Filed Map No ................. Lot No ...... ' .....
is returned herewith and disapproved on the following grounds .......
RV 1/80
FORM NO, 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
Examined ................. 19...
Approved ................. 19... Permit No ............
Disapproved a/c .....................................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
PLANS ............
SURVEY .....................
CHECK ......................
SEPTIC FORM ................
NOTIFY
CALL .....................
blAIL TO:
oF i~otn~o[o
Date ........ , 1.9...
INSTRUCTIONS
a. Tlfis application must be completely filled in by typewriter orin ink and submitted to the Building Inspector, with
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of th_is appLi-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throu_?Aqout the Work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector. '
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, ad~ditions or alterations, or../?6r removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building cod?, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necess? i~pection55.~
'' (§,~.ature or' '' ' '
4~.7..¢ge...q .~...,~v. ?... ).~..am. me~. v' RT... 02..~.l..
(Mailirc~= address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
..... ~tW~.. g.~.~.~V.~..-~.. 1~.~../~ .~. .............................................
Name of owner of premises .~.~... ~'~O~l~ .......... '. ..........................................
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
amc and title of corporate officer)
Builder's License No. ' .......................
Plumber's License No .........................
Electrician's License No .......................
Other Trade's License No ......................
Location of land on which proposed work will be done ..................................................
...'~. ~,O ~.. ~.~--~-~. ~.,, ~/~ ............................ ./-'.'.~. 0-.t~././~. ...........
}louse Number Street~ Hamlet "
County Tax Map No. I000 Section ............ Bt?ok .. ~. ............. Lot..~..-: ] ...........
Subdivision ..................................... Eiled Map No. · ........ Lot ......
(Name) ';' ' .............
· State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing Use and occupancy .~t~i~..
b. Intended Use and
occupancy .... . ................. ........ . ...............
3. atureofwork(checkwhlchapplcable):NewBu ding ..~. ' Add t ' N ·
Repair .... RcmA , · ...... it'on ........ ,Utcration ....
.......... uva, .............. Demolition .............. Other Work .........
4.. Estimate'd Cost...4.~..l~.]193~' .~'~. (Description)
(to be paid on filing this application)
~' If dwelling, number o f dwelling units ............... Number of dwelling units on each floor ..........
If garage, number of cars; .................. . . . .
6. If business. COmmercial or re,xed occupancy, specil:y Bfltllre ;,d extent ~f ea;h type'of use ~ ~~~
7. Dimensions ofexist~t~Ctures, ifany: Front
Hci-ht ~ '.~ . Num' . · ........... Rear ............... Depth ..
~ ' ~l~' ocr of Stones ................. ' .......
Dimensio~ ~ ~'~
~e~cture w th a terat ohs or additions: Front .......................
Depth ..... . , .... · ................ Rear . .
8. ~:mensions ofe-H ...... ~ ..... · ~ · ' · ~'~ ............ ~umber of Stones .........
ne~gnt .... ~ ........ Number of Stor ~ [ .......... ~ar ...~ ........ Depth .[.~ ....
Size of lot: Front .... ~,~ ......... Rear .... ~.1,~
10. Date of Purchase . ~ ........... Depth . ~y~
............................. Name of Foyer Owner
1 1. Zone or usc district in which premises are situated . .~} .......................
· - · ~L. ~M~ .....
12. Does proposed construction violate any zoning law, ordinance or regu at n: ...................
13. Will lot be regraded .... ~ ' '~'~'- ' .......
W/Il excess ill''° . . ~ , . .
N~e of Architect ~ ............. ~aaress . '~~A~hone No.
'~~ ..... Address~0(~.~,~. Phone No. ~'~...
N~e of Contractor . ~ .~ '
. · ........... Address ~ ~.I~~,y, Phone No ~.'~ ~J~
feet of a tidal ~etZand? ~YE'S...~O ....
]5 Is this property located ~ithi~aO0
~lf yea, Southold TO~n Trustees Permit may be required. '
PLOT DIAG~M
Locate cle~ly ~d dist~ctly ~1 bufldMgs, whether existing or proposed, =d, indicate ~I set-back d~ensions from
prope~y ~nes. Give street ~d block number or description accordMg to deed, ~d show street n~es and ~dicate whether
interior or COmer lot.
STATE OF NEW YORK,
COUNTY OF S.S
......... .............
(Name of individual signing con tract)
~bove named.
being duly sxvorn, deposes and says that he is the applicant
ontractor, agent, corporate officer, etc.)
f said OWncr or owners, and is duly autllor/zed to perform or ]lave performed the said Work and to make and file this
,~plJcat/on: that all statements contained in this application are true to tile best of his knowledge and belief; and that the
'ork will be perfornled Jn the m~ncr set forth in tile application l~lcd therewith.
',yom to before me this
...... ...... ..... . ;., ' ..... //
~ua%ed in ~u ~. ~ ......
~i0n ~ ~1~ (Signature of applic~t)
NOV 1 ! 1988
Southolil Town Ciera
T4~OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
TO THE ZONING BOARD OF APPEALS,
I (We),
SOUTHOLD, NEW YORK:
of
Application No.
Date Filed:
(Residence, House No. and Street)
[Hamlet,'State, Zip Code~ Telephone Number)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE V~I , SECTION t~:~-~:~ , SUBSECTION ~;~
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale):
A. Statement of Ownership and Interest.
property known and refer'red to as
is(are) the owner(s) of
(House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section ~ , Block
Lot(s) ~'l , which is not~h~ 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
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:
C. The property which is. the subject of this application is zoned ~:~°1 and
[ ] is c~r..~i.~tent with the use(s) described in the Certificate of Occupancy being
furnished herewith.
L ] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason(s):
[~/f is vacant land. ~~na ur~
COUNTY OF SUFFOLK)
STATE OF NEW YORKi ss.:
~is ¢ [ '~Sig
Sworn:o before m~, day of ~1,~/c~- , 19~'~(.
ZB2I (rev 2/6/86) Notmy Public, State of New ymk
· No. 6798050 - Suffolk County _..~
Commission Expires October 31,
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER . , - ' STREET ¥1 LLAGE DIST, SUB. LOT
~N~ ~MP. ~OTA~ .ATE ~S
AGE BUILDING CONDITION
N~ NOeL BELOW ABOVE
FA~ Acre Value Per Value
Ac re
Tillable ~. /~ ~f FRONTAGE ON WATER
~ BULKH~D
Total ~K
Triple Franchiae Brand Sight
B.3.20-15§.FIdL
Sign B~ Oimen~toni
B.~.13,73.FMt.
Column Oee~gnetionl
Electrical
I OH;~~ Requffemente
I , ~ .... -q-'-T- .... T ...... U-----
f A~rox, ' Total ~ ol 1~
Ann~ PV SI~ Lee~t~ ~e~h~ ~ ~q. ~L ~ A~e~ (~q, Ft.) i ~ Preferred), j Circ~lt~
or 6e~ee Code , ~pc~. ~ tk~m~no~ed ~ Overhmn; ~ Prefsrre~' Minimum
th Id To B d f App Is
o wn oar o ea
ROAD ~TATE ROAD 2S SOUTHOLD, L I, N Y llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
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.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
50800 Main Road
P.O. Box 1145
Southold, NY 11971
(516) 765-1850
FAX (516) 765-1529
GRAY CONSTRUCTION CORP.
October 23, 1989
Atrium Executive Center
80 Orville Drive
Bohemia, NY 11716
(516) 563-1704
FAX (516) 567-0611
Southold Town Planning Board
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
ATTN: Bennett Orlowski, Jr.
Dear Mr. Orlowski:
RE:
Lucas..F~d Lincoln Mercury, Inc.
SCTM #1000-59-3-32.1
Application # 3802
On behalf of Messiers Lucas Sr. and Jr., I would like to
request a letter of clarification addressed to the New York State
Department of Motor Vehicles. This letter shall state that a repair
facility is a permitted use in the general business zone with a
special exception. This special exception was granted on January
12, 1989.
Thank you for attention to this matter.
TJM/cme
Copy to:
Thomas J. McCarthy
Victor Lessard--Building Department
James A. Schondebare--Town Attorney
File
Gerard Goehringer, Zoning Board of Appeals
PLANNING BOARD
PAGE 24
JANUARY 9, 1989
Mr. Gray: Called up Mr. Lucds 'Sr.~ and Mr. Luc~ Jr. to discuss
recommendations.
Mr. Ward: I think you're misreading what we're
changing the site plan, you have plenty of room.
Mr. Lucas: What we would like to do is 20 feet.
Mr. Orlowski: 20 feet of what.
asking. We
are not
Mr. Lucas: Instead of the 40, 20. Originally we presented this
it was 25.
Mr. Ward: You know you've got a very liberal site here we're
trying to pull it back and get less impact on the road and
you're not changing the site plan you've got plenty of room.
Mr. Ford: Would the trees go along the road then?
Mr. Ward: Sure, just as you showed.
Mr. Ward: All we're saying is give the town a little more
buffer between the town and you.
Laurie Solomon: I live to the north of where this car dealership
would be, I was wondering if there was going to be any other
public discussion on this before any approvals are made
where I, myself just found out about this today. I saw it
in the Watchman, I know quite a few residents on Hortons
Lane are too happy about it. Is there something we have to
do, if there is a petition to bring before the board.
Mr. Orlowski: The Zoning Board of Appeals will have a hearing.
That's where you bring your comments.
Mr. Ward: The Zoning Board of Appeals asked us for our comments
on the site plan, ultimately if they get the approval from the
Zoning Board of Appeals to allow them to build this facility
they have to then come here to the Plannimg Board for site plan
approval.
Mrs. Solomon: We have until Thursday, when the hearing is
scheduled.
PLANNING BOARD PAGE 25 JANUARY 9, 1989
Mr. Paterson: A group of us here are neighbors in Bay Haven,
Cedar Beach. We don't have any professional with us to guide
us or to help us with the timing of things. We are concerned
about our area, we're afraid that unless we can alert you to
the dangers its going to become a kind of Levittown and there-
fore, may I suggest you might walk the area where we live.
I didn't really mean to speak at this time on that. I had
thought previously I could but I missed the beat. I suggest
if I may a general comment. Obviously this whole procedure
is pretty well planned before you come in here so you can
save time I guess. Professionals know that, know how to
respond and when to get it in fast but I think that you have
another responsiblity to the people who live here who don't
know the sullities of this kind of thing because they are
onl.y here for one thing. Like that lady who was just here
before me. She's surprised and so on. We don't bounce from
town to town, we don't know anything about this stuff. I
would think that at the beginning of the meeting it might
be a good idea, I mean this as a positive suggestion, the
beginning of the meeting you explain how you work to the
audience, half of whom don't understand they have been to
a meeting before. If you're not going to have any questions,
so be it then there are no questions from anybody. From
anybody. Not just from me because these other individuals
can slip in fast and get it done. Now I was being polite
to wait until you finiah Mr. Orlowski, that's why I didn't
yell out or something. Obviously, I was foolish. I should
have roared out or Something like that. I think that if you
explain this ahead of time then give everyone a chance respond
including those like this group that you will be a more effective
instrument for your neighbors who live here and who are very
concerned about things as you know. I'm not at all implying
that your not doing a good job, or don't mean to do a fine job
but this would help us a great deal. Did you notice the
reaction when I Wasn't allowed to speak here. People were
upset. Technically, your right I'm sure. I think you could
change it and be a little more flexible in the future. I really
urge this in a positive way. Thank you.
'~ Mr. Orlowski: I would just like-to say, I would like
feel bad but we do have a lot of applications that we you not to
there is probably 180 to 200 applications that we are go through
[.~right now. The applicant was on the agenda to make a reviewing
determination
on the impact statement whether it be complete or not, that's all.
The agenda is available Monday morning for a~ybody to review
PLANNING BOARD
PAGE 26
JANUARY 9, 1989
You can come in the office and go through the records. The
board has walked that property three times already so we are
very much in contact with the situation in the area and the
impact down there. I would love to let everybody here talk
all night long but we just so much talking does absolutely
nothing. I forget everything in the first thirty minutes.
We ask that you put everything in writing. I read everything
and the board reads everything. But if I don't put a stop
to it abruptly, then the applicant would want to talk again
and you would want to talk again and we would be listening to
an argument getting no benefit of anything.
Mr. Paterson: Let me make a brief response. I don't mean
to debate or harass you at all. I asked for the impact
statement early in the afternoon and I couldn't get it.
Mr. Orlowski: Because its incomplete. We just deemed it
incomplete.
Miss Spiro: We're there to help you in the office.
Mr. Paterson: I'm not trying to put the office down, as
I recall I asked for it and couldn't get it then.
Mr. Orlowski: The records are all open and you can go
through them.
Mr. Paterson: O.K. now here's the next thing. If you say
you have 180, I'm sure you do, I'm Sure your swamped with
work. Don't let him talk if you won't let me talk.
Mr. Orlowski: Ail I did is tell him what to do. He was
very annoyed at that, I'm surge he would like to talk all
night but you notice he didn't. It's not a public hearing
and no time for public comments so we moved on. We stopped,
he's incomplete. I mean we're not even going to address it
until we get all the answers we want. I just want to assure
you that down there we are very concerned and we have been
over that property.
Mr. Paterson: Thank you I'm delighted to hear it. In fact,
I'm encouraged, I'm not being sarcastic.
Mr. Orlowski: I k~ow and I know its hard to accept you're
told you cannot talk but if we allowed it to happen it would
be carried away and nothing would be accomplished. We've
had that happen before and gotten nothing out of it.
l ~'~Y'~own Hall, 53095 Main Ro.ad
P.O. Box 1179
~ Southold. Ne~,-York 11971
TELEPHONE
(516) 765-1938
PLANNIlgG BOARD OFFICE
TOWN OF SOUTH. OLD
03/13/89
NEGATIVE DECLARATION
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review Act and 6NYCRR part 617,
Section 617.10 and chapter 44 of the Code of the Town of
Southold, notice is hereby given that Southold Town Planning
Board, as lead agency for this unlisted action described below
has determined that the p~oject will not have a significant
effect on the environment.
DESCRIPTION OF ACTION
The site plan for Lucas Ford is for a car dealership
located on Horton's Lane at Southold. SCTM #1000-87-5-20.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted, reviewed
and it was determined that no significant adverse effects
to the environment were likely to occur should the project
be implemented as planned.
Because there has been no correspondence received from the
Department of Health Services in the allotted time, it is
assumed that there are no comments or objections from that
agency.
Because there has been no correspondence received from the
New York State Department of Environmental Conservation in
the allotted time, it is assumed that there are no comments
or objections from that agency.
Further information can be obtained by contacting Jill M.
Thorp, Secretary Southold Town Planning Board, Main Road,
Southold, NY 11971.
Copies mailed to the following:
Suffolk County Department of Health Services
Suffolk county Planning Commission
Thomas C. Jorling, DEC Commissioner
Judith Terry, Town Clerk
Building Department
Board of Appeals
Board of Trustees
Applicant
Planning Board
V
DEPARTMENT OF PLANNING
~I~OUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
360-5206
LEE E, KOPPELMAN
February 2, 1989
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Con~aission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
~oward Lucas/Alice Hussie
Doris Price Moeller Foster
Anthony & Rosemary Bolletino
Peter & Janice Steil
Doris K. Brown
Municipal File Number(s)
3802
3806
3810
3912
3817
Very truly yours,
Arthur H. Kunz
Acting Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
MAIN ROAD- ~JTATE ROAD 25 SnUTHnLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
_.Jaraes Dinizio, Jr.
Pursuant to Article XII! of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following
Variance
Variance
¥ Special
Special
to the Suffolk County Planning Commission:
from the Zoning Code, Article , Section
from Determination of South61d Town Building Inspector
Exception, Article VII, Section lO0-70B
Permit
Appeal No.:3802SEApplicant: Howard Lucas/Alice Hussie
Location of Affected Land: W/s Horton Lane, Southold,NY
County Tax Map Item No.: 1000-59-3-32.1
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
X
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
Land
or
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to establish car dealership
in B-1 General Business Zone District
Copies of Town file and related documents enclosed for your review.
Dated: January 31, 1989
tr
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
January 25, 1989
Mr. Howard Tudisco
Gray Construction Corp.
P.O. Box 166
Southold, NY 11971
Re: Appl. No. 3802 - Special Exception (Lucas/Hussie)
Dear Mr. Tudisco:
Transmitted herewith for your perusal and file is a copy of
the determination recently rendered by the Board of Appeals in
the above matter.
Copies of this decision have also been furnished to the
Building Department Office and Planning Board Office to update
their files. Please be sure to return for other permits which
may be necessary.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to:
Office of the Planning Board
Office of the Building Inspectors
Suffolk County Department of Planning
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZ[O, JR.
Southold Town Board of Appeals
HAIN ROAD- STATE ROAD 25 50UTHOLD, L.I., N.Y. 1197'1
TELEPHONE (516) 765-1809
TRANSCRIPT OF HEARING
REGULAR MEETING - JANUARY 12, 1989
SOUTHOLD TOWN BOARD OF APPEALS
Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE for a Special
Exception to the Zoning Ordinance, Article VII, Section 100-70B
for permission to establish car dealership (and sign) in this
B-1 General Business Zone District. Location of Property: West
Side of Horton's Lane, Southold, NY; County Tax Map District
1000, Section 59, Block 3, Lot 32.1.
Present were: Geard P. Goehringer, Chairman; Charles Grigonis,
Jr.; and James Dinizio, Jr., constituting a quorum of the
Board. Absent were: Serge Doyen of Fishers Island, due to poor
weather conditions and Joseph H. Sawicki (out-of-state). Also
present were: Linda Kowalski, Board Secretary, and
approximately 30 persons in the audience.
The Chairman opened the hearing at 7:58 p.m. and read the Legal
Notice of Hearing for the record.
CHAIRMAN: I have a copy of a site plan indicating this
particular structure as proposed. Is there anybody in the
audience that would like to look at this site plan prior to the
starting of this hearing? (No response.) If you do, raise your
hand, and we'll let you look at it first. No? All right. The
site plan includes the planting areas, the paved areas, the
seeded area in the rear of the building, approximately 95 feet
past the rear of the building, the stalls for the cars,
stantions for the lights, and so on and so forth, and the
ingress and egress from Horton's Lane. And I have a copy of the
County Tax Map indicating this and surrounding properties in the
area. Is there anybody who would like to be heard in behalf of
this application? Yes, sir. We'll ask you to use the mike and
state your name please.
HOWARD LUCAS: Good evening. My name is Howard Lucas. The
reason why we want to put a dealership in Southold is because
Ford did a survey and they found that there are close to a
thousand people in Southold that have bought vehicles registered
Page 2 - Transcript~'f ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 - LUCAS/HUSSIE
(MR. ~UCAS, continued:)
in this area and with their research, they've discovered they
need to have a point out here -- a dealership-- to service their
customers, and also to provide sales to the people in the area.
We've been with Ford Motors Company for a long time, and we feel
that we can service this area properly. We also have an
interest in the area; we want to -- we plan to live here.
CHAIRMAN: Do you have another dealership somewhere?
MR. LUCAS: No. We manage one now.
CHAIRMAN: I see.
MR. LUCAS: There's myself and my father. My father is the
manager of the place for 34 years, and I've been involved in the
business for about 15. So we have a lot of experience. We feel
that the building is going to bring jobs to the area--not only
with the building of the dealership but also employment upon and
opening and operating it. I've been working with the Town
probably for some 18 months now, with the Building Department,
Planning Department, your Zoning Department, to locate a piece
of property that's suitable that zoned properly and located
properly so that we will service the area properly and also be
an asset to the area. And we ( ) found a test piece for
that in Sou~hold. We worked with the Planning Board diligently
to meet their every requirement as far as landscaping and
setbacks and we had a relatively small building on a large piece
of property. We also have worked with them with a colonial-type
of look which has taken some doing and expense on our part so
that we would blend in with the commercial projects and
businesses in the area. The only thing I can do is to invite
you to any questions that you may have or suggestions that yo~
may give us to build this properly.
CHAIRMAN: Well, I've spent some time looking at the site plan
as well as my fellow Board Members. I should point out for the
public, by the way, we are missing two Board Members tonight.
One is out of state and the other one, who, as Mr. Grigonis to
my left, been on the Board for some 34 years.
MEMBER GRIGONIS: Thirty-two years.
CHAIRMAN: Thirty-two years. His (Mr. Doyen's) wife is
terminally ill and it's an absolute shame, and he is unable to
be with us. And he's our member from Fishers Island. But we
are normally a five-member Board. We have only one basic
problem. The movements in the site plan, we've looked at--we
have not discussed amongst ourselves, but we do have a
tremendous problem with the sign. And we think at this
particular point it would behoove us to make a decision in the
near future on this particular application without the sign and
Page 3 - Transcr~ ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 - LUCAS/HUSSIE
CHAIRMAN GOEHRINGER, continued:
invite you to come back for the sign. We have in the past
denied other applicants, who have similar dealerships, signs of
this nature and some of it is the magnitude of the sign and some
of it is the height of the sign. And I think we would, rather
than hold up your project, deal with that at a later date. And
that's basically the only real problem with have with it. Ok?
And I know you spent an enormous amount of time trying to get
everybody to conform to what the situation is here. The real
question the Board has at this time, and I'm not speaking for my
other two members, is how many people do you intent to employ
and basically what percentage of the building is really showroom
and what percentage in the building is really going to be
repair? Can you answer those for us?
MR. LUCAS: The showroom is approximately 35 feet by 80 feet, so
if you're looking at the front of the building, the showroom is
to the west of that and will go back. And about 90 feet facing
the south, part of that will be glass, but that will be strictly
for service convenience, so it will appear as a showroom, but
it's for service entrance. It's convenient to people coming and
going for servicing parts. So the remainder of the building
will be for the shop area.
CHAIRMAN: What portion of the building will have a cellar, any
portion of it at all?
MR. LUCAS: We're planning on putting a cellar under the parts
department, which will be about 2,000 sq. ft., possibly a little
bit more, but the reason we are doing that is, one, for
noise--to keep the noise down because we intend to put
compresses and mechanical stuff that makes noise in the basement
so that there isn't any type of noise pollution for the workers,
nor for the area, and also we want to put a waste-oil tank down
there, in lieu of putting it in the ground which is not visible
and some times undetectable, we want to put it down there so
that we do have an eye on it so that if there is some type of
seepage, we can take care of that problem.
CHAIRMAN: How many bays do you anticipate in the garage?
MR. LUCAS: I don't know what floor plan you have there but--
CHAIRMAN: I just have an (
show.
) floor plan, it really doesn't
MR. LUCAS: Ok. Our idea is probably to have about ten. We've
designed it with a minimum amount of overhead doors. One of the
doors is for loading the parts, and there's an entrance door
Page 4 Transcript~'f ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 - LUCAS/HUSSIE
HOWARD LUCAS, continued:
from the rear and exit door going out. But you're not going to
have a door for every day. We will be one door "enter", one
door "exit." So the aesthetics to the building are going to be
greatly enhanced for that reason, and we designed it with angled
parking, angled stalls you know as a safety thing from the town,
so the people who are working in the building would also be
eased of traffic flow in and out of the building. It kind of
reduces our stall but we feel it's going to help the overall
function of the dealership. Probably 10 or 12.
CHAIRMAN: The actual construction of the building is what,
cement block?
MR. LUCAS: It will be block, right, and there will be glass in
the front for the showroom. And we plan to have a mix of
decorative block to make the showroom area and the service area
attractive to blend in with the roofing and the mansard. It
will all be very consistent throughout all four sides of the
building, you know, what we believe is equally attractive.
We've worked very hard with architects to conform with some of
the existing structures out here.
CHAIRMAN: Well, we thank you very much, Mr. Lucas, for giving
us a lot of information and we'll see what develops throughout
the hearing.
MR. LUCAS: Ok. Thank you.
CHAIRMAN: Is there anybody else that would like to speak in
favor of this application?
MRS. SALMON: Opposition.
CHAIRMAN: Excuse me one minute, ma'am. In favor?
JIM GRAY, JR.: Good evening. My name is Jim Gray, Jr. I'm a
builder-developer. I own the real estate sales agency out here
in Southold, so I'm a businessman also. I've been involved with
developing a number of different sites all over the Island, and
one of the characteristics of them is they never look like an
industrial building, which is what their main function is
today. I've been involved with the Lucases now for about a year
and a half in helping them to design and work with the different
departments to put this building and this project together. And
one of the things that I've been most impressed with having
worked with a number of different owners and clients, who put
these structures together, they've been more intent on meeting
the needs of the surrounding areas, and the departments that
they're working with. Than their own particular interests. A
lot of owners and times, this is what they want, you know, and
Page 5 - Transcri ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 - LUCAS/HUSSIE
MR. GRAY, continued:
that's all they want. They're not flexible at all. I've found
these people to be exceptionally flexible and you know their
outlook in what they are doing in studying the area and the
overall impact of the project has a very positive note to it,
from just the local people that I've talked with, you know,
being in business out here. This is what I've had to say.
Thank you. Is there anybody else like to speak in favor? Ok,
ma ' am?
LAURIE SALMON: Hi. My name is Laurel Salmon and I live on
Horton's Lane. Our home is the first house north of where this
dealership is to be located. And we are here to ask that you do
not grant this Special Exception, and the main reason is that
Horton's Lane is mainly a residential area, and a car dealership
we feel won't fit into this area. The road is not suitable for
it. Every time it rains or snows the road is flooded--it turns
into a one-lane highway. As a matter of fact, I have a picture
here--tonight, if you went there you would see, and it hasn't
rained that much.
Also, the Horton's Lane and County Road 27 is a very
congested intersection where many accidents occur, and this
would add to the traffic, we believe.
I've spoken to quite a few residents on the Road and they
agree with the letter-- I also have a copy of a letter sent here
to Mr. Portalano on this proposal, where the Planning Board
reviewed their proposal and did not believe that it was suitable
for this area.
I have copies of a letter that goes into more detail and
I'd like to give a copy to each of you Board Members. I also
have the picture.
(Copies and picture submitted.)
CHAIRMAN: Your house--
MRS. SALMON: There's Markel's and then there's my house.
CHAIRMAN: And how big is the property that your house is on?
MRS. SALMON: It goes 2-1/3 acres back. I'm not sure how wide
it is.
CHAIRMAN: Ok. Is there anybody else to speak against this
application? Yes, sir.
Page 6 - Transcript~'f ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 - LUCAS/HUSSIE
MIKE DAVIS: Good evening. My name is Mike Davis. I have the
third parcel to the north by Horton's Lane, next to the
Salmon's. And I agree wholeheartedly with what Mrs. Salmon
said. We're basically a residential area. I have 3-1/4 acres
there, and the reason I built my house there is to be into a
rural area, and with a car dealership, if anybody really saw
it--I have never met Mr. Lucas. I've got nothing against Mr.
Lucas. But that is not in my opinion a place for a car
dealership, and if he's worked with the Town and if that's the
Town's opinion of where a car dealership should go, I think
there should be talk about that, in my own opinion. We do have
problems with the Road. Some with water. We have one business
there already. And when they have their functions there, it's a
one way road through there and both have people parking on our
front yards--we've never complained. We've put up with it
because we've known Mr. Markel and we let it go about that. But
with the added traffic and everything, we don't feel that it's
that well suited for its dealership. I've got nothing against
Mr. Lucas, but it's just in my opinion not the spot. And I
didn't build there to live next to a car dealer. And I feel
that you go to the special -- if you grant this, there's other
properties in the neighborhood for sale. You're setting a
precedent for other people to come in because they're going to
say, "You have an established car dealer here. Why can't we go
to another business right across the street because you have one
right here." And which in turn would be, I feel, a drop in our
property value because it's our -- it's an investment for us,
what we have, and it's going to be dropping it, and what in turn
you're doing, you're forcing us in. Because then wise
businessmen would, you know, get out while the going is good.
And I've lived here most of my life and I got a family, the same
as the Salmons, and we are opposed to it for that reason. We
are not against Mr. Lucas or anything like that, but we feel
it's not the right spot for a car dealership.
CHAIRMAN: Thank you, sir.
MR. DAVIS: Thank you.
CHAIRMAN: Is there anybody else that would like to speak
against this application?
MARGARET CONWAY: I'm Margaret Conway and I am also against the
car dealership on Horton's Lane.
CHAIRMAN: Thank you.
Page 7 - Transcript ~ ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 LUCAS/HUSSIE
DAN ROSS, ESQ.: Good evening. Dan Ross of Wickham, Wickham and
Bressler for Dick Mullen in opposition to the application. The
opposition is based on various grounds. Many would fall into
the planning field and I would bring to the Court's attention as
has been brought-- the strong opposition stated by Planning
Board Chairman in his August letter, a copy of which is in the
file. He pointed out some that it was the strong opinion of the
Board that the location is wrong for a car dealership--he
referred to it as being not appropriate. The concerns were that
the visibility is poor on Horton's. That a car dealership would
be better located on an east-west artery road. These are
concerns that seem obvious on the face of the application. The
residential nature of the area has been dealt with by people who
are very concerned with that. A second issue, which is a side
issue, but I think the Board should consider, is the fact that
the application is not made by the owner of the property, and I
think it should -- in light of this Board's past decisions
regarding applications by contract vendees, the Board should
consider that aspect. But more important are the restrictions
set forth in 100-70B(4), which I'm sure if the application were
granted it would be subject to those restrictions, and I believe
one of those restrictions requires that the storage of gasoline
or flammable oil in bulk be placed underground. And we have on
the record tonight that that is not the plan. And on that basis
alone, we see that the plan as presented to the Board cannot fit
within the Special Exception on that basis. On that basis, the
application should be denied. Thank you.
CHAIRM3~N: Thank you. Anybody else to speak against the
application?
MRS. SALMON: May I make one point? On the map as it shows, on
the map, it shows the car dealership and then it says Rakowicz,
there should be another piece of property on there. Because the
way it stands now, it looks like the car dealership is actually
closer to County Road 27 than it is. Rick's Seafood is on the
corner.
CHAIRMAN: Yeah. I see what you're saying.
MRS. SALMON: Thank you.
CHAIRMAN: Is there anything in rebuttal that you would like to
say, Mr. Lucas?
MR. LUCAS, SR. We didn't start only 18 months ago. We started
probably about four years ago looking for properties out here.
At that particular time, we weren't awarded the commitment from
Ford Motor Company to be able to start a commitment as far as
putting it up on a particular piece of property. But Ford
cannot allow us, because of the contracts they have with other
Page 8 - Transcript~f ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 -~LUCAS/HUSSIE
MR. LUCAS, SR., continued:
dealerships, mainly Riverhead Ford--we can't go any further west
than the Town of Southold in the township. So we're really
caught up in this one. We have looked at pieces of property in
Mattituck, in Greenport. We looked at pieces of property around
here. We had another deposit on a piece of property that didn't
go through. And there's really very few if you think of it that
is zoned for the zoning that we need that is suitable for our
dealership. My son spent probably at least one day a week out
here looking for properties, going to real estate people, and
trying to find a place suitable; and this is really the only one
that is suitable enough. We tried on an east-west as you
suggested. There's a piece of property in the Town here on the
fork that was not only too expensive but was too small because
Ford has requirements as to how many feet we need and what kind
of building we need to do the kind of job that they feel would
be as suitable. We had a piece of property on an east and west,
but the man has decided to do some building on his own. He
checked on three other pieces of land that are on the east-west
on the North Road, or what Road you call it. They were too
small. They were less than two acres, which is too small for
the type of building that we need. And really, I don't know if
you do have a piece--I would be very, very willing to listen to
somebody about it, but I really don't think there's another
piece in this Town; and we really don't want to go out to Orient
Point because we don't feel that we would be able to get enough
business out there. But in this Town or in Greenport that would
be suitable for the size that we need and the type of property
that we need. As far for the storage of flammable liquids,
we're not going to have any gasoline on the premises; and if
that means anything to the Board, we can bury it
underground--but there are so many regulations today to bury
something underground that to have a 275 gallon tank in a
cellar, which most people who have gas heat have the same type
of tank in, we're going to have one tank for taking the fuel,
oil out--which is motor oil; and one tank for draining it, and I
think it no more dangerous to do that than to have your oil
burner oil delivered in a similar tank. There's not going to be
any large quantities of oil, and as I said, we're not going to
have any gasoline on the premises. So it's really not only
flammable liquids--you're not going to have a body shop on the
premises. No lacquer thinners or anything like that in
flammable.
CHAIRMAN: Thank you, sir.
DAVID MARKEL: May I ask you a question? What exactly are--
CHAIRMAN: You have to state your name first.
DAVID MARKEL: My name is David Markel; I own the property next
door. I have a question exactly what they're applying for here.
Page 9 - Transcript ZBA Hearing
January 12, 1989 Regular Meeting
Matter of Appl. No. 3802 - LUCAS/HUSSIE
CHAIRMAN: A Special Exception.
MR. MARKEL: In other words, they don't have the proper zoning
now and they want to change?
CHAIRMAN: No, no. The founding fathers of this Town in the
adoption of this Zoning Ordinance--and this gentleman to my left
was a part of that process in 1956, 1955, when they started.
And they adopted zoning in 1957. They saw it fit that not only
one set of people in the Town that the Town Board so in their
wisdom appointed, the Planning Board, they wanted to have the
Zoning Board involved in any one of these applications. So the
Planning Board does the site plan and the Zoning Board does the
Special Exception, which is basically a permit, Dave, that is a
matter of right, ok--as long as you meet certain specific
requirements. So basically that's what they're seeking -- a
Special Permit from this Board. There are other Boards
involved, as I have mentioned.
MR. MARKEL: In other words, they have the correct zoning, but
they still need a Special permit.
CHAIRMAN: That's correct. Yes, sir.
MR. GRAY, JR.: I heard that the drainage was mentioned as a
possible problem. The drainage on this site is all
self-enclosed. It will have no impact whatsoever on Horton's
Road as it presently stands.
CHAIRMAN: Thank you. Are there any other comments on this
hearing? Yes, Mrs. Conway.
MARGARET CONWAY: The end of Horton's Lane and 48 already is a
death trap. I think any added traffic of any kind is really
going to be someone's tragedy.
CHAIRMAN: Thank you. Yes, ma'am.
MRS. SALMON: My feeling though about them not being able to buy
property, where they want to buy it, and as to how much they
want to buy it is their problem. But somebody goes to buy a
house, they may not be able to find exactly what they want to
pay for or exactly where they want to be either, but you buy
what you can afford, and you live with it. Thank you.
CHAIRMAN: Thank you. Any other comments? (None) Hearing no
further comments, I'll make a motion closing the hearing and
reserving decision until later.
MEMBER GRIGONIS: Second. VOTE OF THE BOARD: Ayes.
Respe?tfu~ submitted,
Southold Town Board of Appeals
December 12, 1989
Members of the Zoning Board:
I would like to ask the members of the Zoning Appeals Board
not to grant a special exception for an automobile dealership
located at 3245 Hortons Lane in Southold, for the following
reasons.
1. Hortons Lane is a mainly residential area and a car
dealership would not fit into this area.
Hortons Lane could not accommodate the increased traffic
flow, and everytime it rains or snows this particular
area turns into a one lane highway. (picture included
in chairmans letter)
Hortons Lane and County Road 27 is a very congested
intersection where many accidents have occurred and this
would add to the increased flow of traffic and congestion.
I have spoken to many residents on Hortons Lane who oppose
this automobile dealership and we agree wholeheartedly with
the Planning Boards letter dated August 26, 1988, which I have
enclosed. It is bad enough that County Road 27 in Southold is
turning into a Rte. 58 Riverhead but please don't let these
businesses start creeping off of Route 27 onto our residential
roadways. In closing, I ask you to please go and make an on-site
inspection and look at the surrounding area and roadway, and
see if you think that a car dealership is an appropriate
business for this location
Thank You,
Lori E. Salmon
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
TELEPHONE
($16) 765-19,38
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 26, 1988
Charles Portolano
Gray Construction Corp.
P.O. Box 166
Southold, N.Y. 11971
Dear Mr.
Portolano,
RE:
Proposal to locate a car
dealership on W/S
Horton's Lane, N/O County
Road 48, Southold
SCTM# 1000-59-3-32.1
The Planning Board reviewed the above noted proposal at its
last work session. It is of the strong opinion that the proposed
location is not appropriate for a car dealership. Such a business
should be located directly on a main east-west artery where
direct vehicular access and high visibility complement the
somewhat intensive vehicular nature of the business. By contrast,
this site is located on Horton's Lane which is primarily a
residential road with limited visibility from the County Road.
If your client decides to apply to the Zoning Board of
Appeals, the Planning Board wilt submit a specific review of the
site plan at that time.
uly yours
BENNETT ¢ORLOWSK,~.
CHAIRMAN
CC: Zoning Board of Appeals
Building Department
GRAY CONSTRUCTION CORP.
P.O. BOX 166
SOUTHOLD, NEW YORK 11971
(516) 765- 5918
Southold Town Board of Appeals
Main Road - State Road 25
Southold, N.Y. 11971
January 10, 1989
TO WHOM IT MAY CONCERN :
As per the Planning Board meeting held on Jan. 9, 1989,
Lucas Ford shall increase their landscaping from thirty-five feet
to seventy-five feet inward along Horton's Lane and the building
will be moved back fourty feet from it's present location.
Veryjtruly.-vours,
Howard Tudisco for
Gray Construction Corp.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Zoning Board of Appeals
From: Plannning Board
Re:
Date:
Lucas Ford SCTM #1000-59-3-32.1
January 11, 1989 ~'~ ~
At its last meeting on January 9, 1989, the Planning Board
discussed this proposal with the applicant.
The Planning Board and the applicant agreed to put seventy
five feet (75') of landscaping in the front of the building
{e.i. by moving the building back forty feet (40')}.
If you have any questions, please do not hesitate to
contact this office.
jt
Town Hall, 53095' Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 26, 1988
Charles Portolano
Gray Construction Corp.
P.O. Box 166
Southold, N.Y. 11971
Dear Mr. Portolano,
RE: Proposal to locate a car
dealership on W/S
Horton's Lane, N/O County
Road 48, Southold
SCTM# 1000-59-3-32.1
The Planning Board reviewed the above noted proposal at its
last work session. It is of the strong opinion that the proposed
location is not appropriate for a car dealership. Such a business
should be located directly on a main east-west artery where
direct vehicular access and high visibility complement the
somewhat intensive vehicular nature of the business. By contrast,
this site is located on Horton,s Lane which is primarily a
residential road with limited visibility from the County Road.
If your client decides to apply to the Zoning Board of
Appeals, the Planning Board will submit a specific review of the
site plan at that time.
yours, ,
cc: Zoning Board of Appeals~
Building Department
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE RaAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
December 7, 1988
Mr. Howard Tudisco
Gray Construction Corp.
P.O. Box 166
Southold, NY 11971
Re: Appeal No. 3802SE - Howard Lucas
Dear Mr. Tudisco:
Please find attached communication received today
from the Planning Board with reference to the above project.
Yours very truly,
GERARD P. GOEHRING~
CHAIRMAN
tr
Enclosure
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
TELEPHONE
(516) 765-1938
TO:
FROM:
RE:
DATE:
PLANNING BOARD OFFICE
~' TOWN OF $OUTHOLD
Zoning Board of Appeals
Planning Board
December Calendar
December 6, 1988
Marion Robins - ZBA Application No. 3787 SCTM#1000-103-10-2
The Planning Board is not in favor of this proposal as it is
inconsistent with the proposed Master Plan which was adopted by
the Planning Board.
F.I. Utility Co. - ZBA Appl. No. 3797 SCTM#1000-6-5-3&5
The Planning Board recommends that the building envelope for Lot
No. 2 be designed so that it is setback at least 75 feet from
the wetlands.
The Board also is aware that this subdivision is to be for
affordable housing. The Board thus recommends that a Covenant
and Restriction be asked for which states that this is to be for
affordable housing in perpetuity.
Elizabeth McCance - ZBA Appl. No. 3798 SCTM$1000-6-5-3&6
It is the Planning Board's opinion that Lot No. 6-5-12 was
merged with Lot No. 6-5-3. Research shows that both lots were
purchased in the same name (McCance). The Board thus requests
that the lot labeled as Assessor Map 6-5-12 be included in the
subdivision as Lot No. 4.
The Planning Board also requests that the lot line for Lot No.
be designed to allow for frontage on Cottage Place (please see
attached map). The west lot line for lot 6-5-12 should be
changed (see map) to allow for setbacks from the existing
garage.
Alfred Falkowski -ZBA Appl. No. 3796SE
The Planning Board is not in favor of the variance. The site is
large enough to meet setbacks without a hardship. The granting
of the variance will set an unnecessary precedent in this area.
The surrounding properties are residential and this use should
be protected by adhering to yard setbacks in accordance with the
Town Code.
William J. Baxter - ZBA Appl. No. 3801
The Planning Board requests that all storage be inside, and that
no on site storage be allowed.
The Planning Board also requests that the number of employees
and uses of the building be described so as to calculate the
number of parking spaces.
Howard Luce (Lucas Ford) 3802
ZBA
Appl.
No.
The Planning Board is requesting that the applicant use the same
material for all four sides of the building. Also, the gable
should continue around the rear of the building as it is visible
from CR 48 as well as from Horton~s Lane.
The Board is also requiring that the building be set back to
allow for a 75 foot buffer on Horton's Lane.
The Board also requests that parking be in the rear, and not in
the front or side of the building.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DtNIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHDLD. L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
November 30, 1988
Mr. Howard tudisco
Gray Construction Corp.
P.O. Box 166
Southold, NY 11971
Re: Appeal No. 3802SE Howard Lucas
Dear Mr. Tudisco:
This letter will acknowledge receipt of your recent
application before the Board of Appeals. The Board members
will be conducting field inspections and environmental reviews
as may be required prior to scheduling your application for
a public hearing,
It is requested in the interim that you submit an appli-
cation and/or your maps to the Planning Board in order that you
may communicate with the Planning Board as to possible changes
or alternatives to the general layout as may affect the Planning
Board's jurisdiction. Upon receipt of a copy of the Planning
Board's input, your variance application will be scheduled for
the earliest available hearing date.
Please keep us advised of developments, and feel
call at any time if you have questions concerning the
O~.your application.
free to
processing
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
tr
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO. JR.
TO:
FROM:
DATE:
SUBJECT:
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 119'71
TELEPHONE (516) 765-1809
INTERDEPARTMENTAL MEMORANDUM
Southold Town Planning Board Chairman and Members
Valerie Scopaz, Town Planner
Board of Appeals
November 21, 1988
Pending Subdivision Reviews
Attached is a list of several subdivision projects which we
understand have been, or are presently, under review by your
office.
Since we have, as of recent date, received applications
concerning same, it is urged that if you wish to provide
recommendations or comments concerning those elements affecting
your jurisdiction, that you do so on or before December 7, 1988,
and transmit a copy of your comments to the applicant or his
attorney at the same time in order to keep coordination
up-to-date.
If we do not receive your comments by December 7, 1988, we will
assume that you have no objections to the general lot-line
layout as submitted and accordingly proceed.
Thank you for your cooperation in this coordination.
lk
Page 3 - Agenda
Special Meeting - November 16, 1988
Southold Town Board of Appeals
II. DELIBERATIONS/DECISIONS, continued:
9. Appl. No. 3782 - JOSEPH STOCKEN. Variance to the Zoning
Ordinance, Article VIII, Section 100-80 for permission to convert
existing building to retail (grocery) store, which is not listed
as a permitted use in this "C-Light Industrial" Zone District, in
addition to the existing sales use (of gasoline and diesel) and
proposed new building for automobile servicing. South Side of
Front Street, Greenport, NY.
III. OTHER:
A. Reminders:
J
and supplements Re:
Road, Mattituck.
Suffolk County Planning Seminar to be held 11/19.
SEQRA Hearing - Chris and William Connors ~
Town Trustees 11/17 at 7:30 p.m.
Thirty-day comment period ends 11/19 on the DEI$
Norris Estates, 28-acre site at Camp Mineola
4. Code Committee Meeting November 30, 1988 at 7:30
p.m. - Site Plan Section of the Zoning Code consideration.
B. Resolution clarifying intent of Condition No. 2 of
prior Z.B.A. decision under Appl. No. 3246 in the Matter of
Carrig and McDonald dated July 3, 1984. (Copies attached for
Board's reference, together with letter from Henry Raynor, Jr.
agent.)
as
C. Resolution approving Minutes of the October 6, 1988
Meeting.
D. New Application - Resolution determing same incomplete
pending receipt of items per Chairman's Letter dated Nov. 2, 1988
in the Matter of PETER AND JANICE STEIL at Fishers Island.
E. New Applications - Resolution to hold in abeyance
temporarily for timely coordinated review and comments in the
general lot-line layout jurisdiction before the Planning Board on
the following applications:
~Appl. No. 3787 - Marion Robins - Little Neck Road,
%--~tchogue. Area variances for lots in proposed minor
subdivision.
~ Appl. No. 3797 - F.I. Utility Co., Fishers Island.
~-~ea variances for lots in proposed division of
vacant land.
Page 4 - Agenda
Special Meeting - November 16,
Southold Town Board of Appeals
1988
III.
E. New Applications for Coordinated Reviews, continued:
Appl. No. 3798 - Elizabeth McCance, Fishers Island.
a variances for lots in proposed division of land
with existing dwellings/nonconformities.
New Applications for Coordinated Reviews under
Site-Plan Elements of Planning Board jurisdiction and
general layout of proposed parking and building
placement:
Appl. No. 3796SE - Alfred Falkowski, Cox Lane,
Cutchogue. Proposed office and storage.
Appl. No. 3801 - William J. Baxter, N/s Main Road
and W/s Elijah's Lane, Cutchgoue. Proposed
conversion of use to allow manufacture of
classic cars and related activities.
Appl. No. 3802 - Howard Luce as Contract Vendee.
Special Exception for car dealership at W/s Horton
Lane and N/s C.R. 48, Southold. B-1 Zone District.
(Planning Board site-plan review has been pending.)
IV. Resolution authorizing and directing advertisement of the
following matters for public hearings to be held on THURSDAY,
DECF24BER 8, 1988 commencing at 7:30 p.m., as follows:
Appl. No. 3791 - James Bergeron - Riley Ave, Mattituck.
Variance to rebuild nonconformingsecond dwelling.
Appl. No. 3793 - James Manos - Deck Addition with
insufficient setback from wetlands. Lake Drive,
Southold.
Appl. No. 3794 - Jerry and Mary Georges - Soundview
Avenue, Southold. Addition with insufficient setback
fro~m~l~ff~-along-L~/~.~nd.
~__~pl. NO. 3734 - K.~at~h~yn Fleet - Insufficient area of
· p~6~-o~e~ Parcels ~ ah-d--FY OId-~Pasture Road,
Cutchogue.
Appl. No. 3795 - Peter and Dorothy Micciche, Windy Pt.
~~~%bth~ld.. A¢cesso~y__!~, yard.
! 3796SE - Alf3Le_~_~kowsk~i3 Special Exception
One-Story Building for office and storage uses.
for
8595 Cox Lane, Cutchogue. Warren Sambach, As Agent.
Southold Town Board of Appeals
MAIN RnAD- STATE RrlAD 25 SnUTHOLD, l.l., N.Y. llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS January 12, 1989
GERARD P. GOEHRINGER, CHAIRMAN S .E.Q.R.A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR. NEGATIVE ENVIRONMENTAL DECLARATION
30SEPHH. SAWICKI Notice of Determination of Non-Significance
James Dinizio, Jr.
APPEAL NO.: 3802 SE
PROJECT NAME: Howard Lucas, Sr./Alice Hussie
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION:Establish use of premises for car dealership
activities (and sign).
LOCATION OF PROJECT: Town of Southold, County of, Suffolk,
particularly knQwn as: W/s Horton Lane, So~thold, ?Y
59-3-32.1
more
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The land area in question is not located within 300 feet of
tidal wetlands or other critical environmental area.
(3) This is an application concerning use of premises and is not
dire~~ ~Aconstruction.
TION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel 516-
765-1809 or 1802. '
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
PROJECT I.D. NUMBER
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
3. PROJECT LOCATION:
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
SEQR
5. ISI~ROPROPOSED ACTION:
.vip"New [] Expansion [] Modiflcatlon/alteratlon
6. DESCRIBE PROJECT BRIEFLY;
?. AMOUNT OR LAND AFFECTED:
8. WtLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO. describe briefly
~,~HA~THAT iS PRESENT LAND USE IN VICINIT¥OP,OP PROJECT?
~Residentia, [] Indust,ial ~Commercia, [] Agricultu,e [] Park/Forest/Open space [] Other
10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl.
STATE OR LQCAL)?
¢,~Yes No If yes, list agency(s) and permitlapprova~s
11. DOES ANY~ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes .,~NO If ye~. list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
I
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order ko answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) ~nvlronmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? __Yes NO
2. Will there be a major change to any unique or
~nu~ual land form on the site? Yes ~ No
3. Will project alter or have a large effect on
an existing body of water? Yes No
4. Will project have a potentially large impact on
groundwater quality? Yes /No
5. Will project significantly effect drainage flow
on adjacent sites? - Yes No
6. Will project affect any threatened or endangered
plant or animal species? Yes ~No
7. Will project result in a major adverse effect on
air quality? Yes /No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologi=al
importance or any site designated as a critical ~N
envircamental area by a local agency? Yes o
10. Will project have a major effect on existing Or
future recreational opportunities? __Yes~No
11. Will project result in major traffic problems or
cause a major effect to existing transportation /
systems? Yes ~NO
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes~No
13. Will project have any impact on public health
or safety? ... Yes _.W/No
14. Will project affect the existing community by
directly causing a growth in permanent popula- /
tion of more than 5 percent over a one-year YesV/NO
period or have a major negative effect on the ~
charact~ of the community or neighborhood?
15. Is there publi~oontroversy ~ning the
project? // ~
Representing :~ Da te:
ZBA ~/75
· E
QUESTIONNAIR TO BE coMPLETED AND SUB~ITTED
YOUR APPLICATION FO~4S 'PO TIIE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours?
No
2.a)Are there any areas which con~in wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.) Yes
b)Are there any areas open to a waterway without bulkhead? Yes
Are there existing structures at or below ground level, ~
such as patios, foundations, etc? Yes
4. Are there any existing or proposed fences, concrete ~
barriers, decks, etc? Yes
5. If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground-~-~l? State total: ft.
Yes No
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground-~-~-~l? State total: ~ ft.
Yes
Are there other premises under your ownership abutting ~
this parcel? If yes, please submit copy of deed. Yes
Are there any building permits pending on this parcel
(or abutting land under your ownership, if any)?
State Permit'# and Nature:
Yes
10.
11.
12.
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trustees
County Health Department
Village of Greenport
N.Y.S.D.E.C.
Other di~
Is premises pen a sale or conveyance?
If yes, please submit copy of names or pu~.chasers
and conditions of sale. (from contract)
Is new construction proposed in the area of contours
at 5 feet or less as exists?
If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea levei, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code?
Yes :~f
Yes NO
13. Please list present use or operations conducted upon the
subject property at this time ~ ~
and proposed ~ ~,.~-~ ~
Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
reliance b the Bo ~ oo~s in considering my application.
Signature (Property Owner) (Authorized Agent)
1/88
September 30, 1988
Alice J. Hussie
(no #) Goose Neck Lane
Southold, New York 11971
Re:
Hussie to Lucas
Property: (no #) Horton's Lane
Southold, New York 11971
SCTM #1000-59-3-32.1
Dear Mr. Lucas:
I, as owner of the above captioned premises, hereby give you permission
to submit a site plan to the Town of Southold.
Very~-~uly yours,
ALICE J. HUSSIE'
/af
Howard Lucas, Sr.
437 Second Avenue
East Northport, New York
11731
DATE:
PARTU~S:
PREMISES:
PERSONAL
PROPERTY:
NYBTU Form 1041 (R~v. I,I/78)-- CONTRA~T OF gALE -- 10/86
WARNING:
NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REA
ESTATE COMPLIES WITH SECT{ON $-?02 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH").
CONSULT YOUR LAWYER BEFORE SlGNIN0 IT. ' .......
NOTE: FIRE AND CASUALTY LOSSES:' ' "
~T..h,~,s~ con. trac. t .fo. nn.does not provide for what happens in thc event' of.fire or casualty lose before the' tith. ~.h~,' t~
ut,,etem provmon is made in this contract Sectloo 5-13 ' A, .~._ ,~ ...... - .... - ........... mC.
law makes a purchaser responsible for fire an' ,, u, s,~ u=nerm vongarions Law wm apply. One part of tha
d casualty loss upon taking of title to or possession of the prereises.
CONTRACTOFSALEreadeasofthc?' '29tJ'~ .' "' ' ': ' " '
BETWEEH ALICE 4..HUSSIE,' presently residing;at ':i June. :. .'... 'i' .,19 88`
Address: (no #} $oose'greek..Lane, Southoid,'N¥..ll9~l ' '
herclnafte~; ;:ailed "SELLER", who a~.e " .... ' '
and · H0~/ARD LUCAS,=.$E~,presently reslalng at: ..'. .- :{ ...
Address: · ~ - . . - . . .
37 Sec. ond AVenue,, East, N.o~thport~. Ne{v~Xork
11731
hereinanet ca{lc4 "PURCHASER" who acmes ~o buy thc pr°pertyl.ln¢luding all buildings and lmpro~ereenls thereon (tb-
REMISES ), mot~ fully described on a ~e, parate page marked."Schedule A." and. aisc know, ss: :, . .
~ "~ ""'" "Ho~0n's Lane~ S~)uthold ....
· Tax Map Desi{0ation:;; 1000-59-3-32.1. ,..: ,: : '
Together with SELLER's'interest, if any, in streets and unpaid awards ~s set forth in Paragraph 9.
Excluded ires this sale are: Fucoilure and houlehol~ fyrntsMngl,
. . _ - '. ':'-.*" ......... s'468,000.00
Payable as follows: " -"'" ~' ~; "' ".!' .~ :~'' "'" :
On the signing of this oontract.'by check subject to coUectlon:" ' ' ~ ~ .t: . , '
(to be heldin' sorer b ' ,: ..:.. ...... s 23=,4'ee.,00
..... e y seller, s attorney untl.l closlna n~' title) ,
uy allowance lot the principal amou,nt still unpaid on EXISTING MORTGA~'.p~'~:~.". =-
By a Purchase Money Note and Mortgage from PURCHASER (or assig'~i) to sELLER: $
BALANCE AT CLOSING: · ' .... = ' : ' '" ' "
;" .- ~,- 44a.,~00..~0'
(b) It this se{e is subject ,o an EXISTING MORTOAGEi the PurJhase
Money Nole and Mortgage will also I~rovide Ibal it
will retrain subject to the prior en of any EXISTING MORTGAGE even lhough t1~e EXISTING MORTGAGE is extended
or reodil"ied in good faith. The Purchase Money Note and Morlgage shall be drawn on the standard l"orre of New York Board
of Tille Underwriters by the atlorney for SELLER, PUR~IIASER shill ply Ihe reortgage recording lax, recording l"ees and
Ihe sllorney's l"ee in Ibc amounl el" $ for ils preparation.
lc) If any required 'paymenls are reade on an EXISTING MORTGAGE belween now and CLOSING which reduce the
nnpaid principal amounl of an EXISTING MOl{TO"AGE below Ibc smounl shown in paragraph 2. Ihen Ihe balance of
price payable al ('LOSING will be adjusted, 5ELLER.a~'eeI Ihsl Ihe smounl shown in Paragraph 2 is reasonahl~; correct
thai only payreenls required by the EXISTING MORTGAGE bill be made,
(d) U' tht~¢ is a mortgage escrow account thai is reaintalned l"or Ihe purp[,se of payinl taxes or insurance, rte, SELLER
shall assign it Io PURCHASER, il" il can be assigned. In thai event PUBC'IIASI?R shall pay lhe smounl in Ihe escrow seeGEr
to SELLER al CLOSINg_ *
EXUq'ING
MORTGAGES:
ACCEPTAllLE
FUNDS:
"SUBJECT TO"
PROVISIONS:
TITLE
COMPANY
APPROVAL:
. CLOSING
DEFINED
AND
FORM OF
DEED:
CLOSING
DATE AND
PLACE:
BROKER:
STREETS
AND
ASSIGN-
&lENT OF
UNPAID
AWARDS:
IORTGAGEE'S
ERTIFICATE
ETTER AS
0 EXISTING
ORTGAGE{S):
~)MPLIANCE
/Tit STATE
ND
UNICIPAL
EPARTMENT
1OLATIONS
~D
-~ERS:
c TIlE
'fy
2. The PREMISF~ wil~l~onveyed subject to the continuing Ben of "~TING MORTGAGE(S)" as Iolio~vs:'
Morlgage now in the u.q~l~d principal amount of $ '
presently payable · I . and interest at the rate of Ifer cent ~er year,
n mstanments of $ '
. , which include principal, Interest,
and with any balance of principal bein~ due and payable on
SELLER hereby states that no EXISTING MORTGAGE contain~ any provision that permits the holder of the mortgage lo
require its lmmedlale payment in full or to change any other term thereof by reason of the fact of CLOSING.
3. All '" ' ' :' '
money payable under this contract, unless otherwise specified, shall'be either: ' r,,.
a. Cash, but not over one thousand ($1.000.00) Dollars.
b. Good certified check of PURCtIASER, or official check of any bank, savings bank, trust company, or savings and
loan assoclatinn having a bankin'g office in the State of New York, payable to the order of SELLER, or to the order of
PURCIIASER and duly endorsed by PURCHASER (if an Individual) to the order of SELLER in the presence of SELLER or
' SELLER'S attorney· .
e. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the
amount of FIYE~HUNOREO.~= ........ = ........ .~, ........ ($ 500.00 ..... ) dollars, or
~;d Aa otherwise agi'eed to in writing by SELLER or SELLER S Itforney.'' ·
4. The PREMISES are to be transferred subject to: .. .
~' a. 'L~ws and governmental regulations that affect the use and maintenance of the PREMISES, Provided that they are not
~iolated by the buildings and improvements erected on the. PREMISES.
b. Consents for Ihe erection of any structures on, under or above any streets on which the PREMISES abut.
c. Encroachments of stoops, areas, cellar steps, trim and cornices if any, up y street or highway.
d. Any set of facts an accurate survey or ~urvey ~ectton may show provided
ltle Is not rendered unmarketable. .
e. Covenants, easements, and restrictions of record, p~o_vided
' us~ 6f 'th~-~l.~bj~t. prenlses as and for an autcx~obile and truck dealership, sale of
~s~d.~, ,c.ar. ~ .servicing, parking; '~tOrin6 h'~8 6ther uses incidental thereto.
· -=~.~.=R snanglve and PURCItASER shal~ accept ,ucl~'~it~'a~ any reputable title company doing
· a member of The
New'York Board of Title Underwri/era will be willing to approve and insure In accordance with their standard form of title
policy, subject oMy to the matters provided for In thla contract.
6. "CLOSING" means the settlement of Ihe obligations of SELLER and PURCHASER Io each other under this contract,
including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargal n & Sale
Dee wit Cove a t a d deed in proper statua~ form fot rec
,,mp~e ,itle~to the ~Ra~M~*S I~r. ..r .,, ......... ordin, so ,, to transfer fu ·
SELLER as requi.-ed by Section' l, o f~t'h~'~_[;;;,.';:,raneea except, as nerein.stated.,The deed will contain n cllon°~Ve::rnSthJtoPy(if::
If SELLER is a corporation, It will deliver to PURCHASER at the lime of CLOSING fa) a resolution of its Board of
Directors authorizing the sale and delivery of the deed, and lb) a certificate by the Secretary or Assistant Secretary of the
eorporalion certifying such resolution and setting forth facts showing that the transfer Is In conformity with the require.
meats of Section 909 of the Business Corporatiou Law. The deed In such ease shall contain a recital sufficient to establish
compliance, with that section.
7. CLOSING wiil take plaee at ihe office of Gary. Flanner 01sen~ E~;q.,..Mal.n R.o .d,. utchogue, NY
· or 1:ne of 1ce of the ~enfilng ~nsl:~l;ul:~0n.
at ' · o clock on
lan a ~oval wh' 0 0 ~ ' '
· ; ~.¢hever ¢~r~ ~l}t~ days after mot ·
8 ~URCH~R herel~y statealhat PURCHASBR h .......... .. tgage commltment~ o: site
· · ,, nm eeast wlt~ any aromer in connection with this sale other than
BURT G. LEWIS, OR., REAI~'ESTATE, f4aln'Ro'ad, Southold, 'NY 11~71
and SELLER agrees to pay the broker the eommlssinn earned thereby (PUrsuant to separate a~reement).
9. This sale includes all of SELLER'S ownership and t~ghts, if any, in any land lying In the bed of any street or highway,
opened or proposed, in fronl of or adjoining the PREMISES to the center line thereof. It also Includes any right of SELLER
to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by mason of
change of grade of any street ot highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or
thereafter, .on demand, any documents which PURCHASER may requite to collect the award an.d damages.
I0. SELLER agrees lo deliver lo PURCHASER at CLOSING a certificate dated not more than thirty (30) daya before the
CLOSING signed by the holder of each EXISTING MORTGAGE, In form for recording, certifying the amount of the
unpaid Principal and Interest, date of maturity, and rate of interest.
SELLER shall pay the fees for recording such certificate. If the holder of a mortgage Is a bank or other institution as defined
in Section 274-a, Real Property Law, it may, instead of the cerUfieate, furnish an unqualified letter dated not more than
thirty-(30) days before CLOSING containing the same informatlon..SELLER hereby states tliat any. EXISTING MORT-
GAGE will not be in default at Ibc time of CLOSING..· ',? . .
12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual
~stallments~ and the first Installment is then a fief, or has been paid, then for the purposes of this contract ali the unpaid
'aliments shall be considered due and are lo be paid by SELLER at CLOSING.
SCHEDULE A
Description of P)~em)[$esI. ..
' lyin~d~;n~ at ~ou~o~d, .~n the'Town o~ Southo~d, Cou~ o~:'SU~fo
and State' of Ne~ Y~k; ~e:'~b~cu!a~ bounded and des~=.~'d as,:
~e~nn~n~ a~ a'~nume~k on the ~eske~l~ l~ne 'o~'Ho~ton"s ~ne ' '
~?.62 ~ee~ no~khe~ly:alon~ khe aa~d ~este~l7 l~ne ~om ~he~
~unn~ng thence 'alon~ land:'o~.~ako~cz.and others S. outh 60'~' 20"'~
RIDER TO CONTRACT OF SALE BETWEEN:
HOWARD LUCAS. SR.~..AS PURCi~ASER.
ALICE J. HUSSiE, AS SELLER AND
THE DOWN PAYI~NT, hereunder,' shall be held in escrow by Gary Flanner Olsen,
attorney for the Seller, as escrow agent until closing of title. The escrow
agent shall not be required in any way to determine the validity of any
notice or any other document delivered or required to be delivered hereunder.
The escrow agent shall not be responsible to any of the pa~les hereto for
any action ~r failure to act, unless such action demonstrates bad faith. The
Purchaser and the Seller hereby authorize the escrow agent, In the event they
become Involved in litigation by reason of this contract of sale, to deposit
with the clerk of the court in which such litigation is pending all funds
delivered to the escrow agent hereunder and thereupon, the escrow agent shall
be fully relieved and discharged of any further responsibility hereunder. In
addition, the escrow agent is hereby authorized, in'the event it is threatened
with litigation, to lnterplead all Interested pa~les in any court of competent
Jurisdiction and to deposit with the clerk of such court all funds deposited
with in hereunder and thereupon the escrow agent shall be fully relieved and
discharged of any further responsibility hereunder. The escrow aQent, may at
his option, deposit the funds in an.interest bearing, account, be~rl~jthesellers'
tax ~den~tftc~lon number, with the ~nteres; to follo~ the ao~npayment.
However, ~he escro~ agen~ shall have no du~y ~o ~nvest any of the funds de-*
posited ~lth him hereunder and shah not be responstble for any action or .
fatlu~e to act, unless such action demonstrates bad faith.
If the purchaser fa~ls to c~plete the purchase of the premtses, wLthout.the
fault of ~he seller, the contrac~ payment deposited by ~he purchaser shall at
option of sexier, be pa~d over to the seHer as liquidated d~mages and neither
p~y shall have any'luther r~ghts, one agatnst ~he o~her, o~ly ~ce: ~
Th~s contract ~s nat asst;nab~e by the Pq~hasers ~houk~%~n~nsent o~
the sellers. H~ver, sald.qon~act~y ~ Dssl~ ~ ~
t6~ ~ SR. ~d'~ ~, ~. or a ~ration of ~ ~e ~e***
The purchasers represenZ ~ha: no rea~ es:a%e broke~,~o:he~ then Butt G. Lew~s,
Real Estate b~ought abou: :he sa~e agreed upon and should anM clatms foe
brdkemage co~ss~on be made aga~ns% :he sel~er, %he purchasers agree ~o hold
ha~ess and ~nde~fy se~e~ f~ brokerage c~sstons ar[stng out of.
purchasers' ac:s. Th~s c~ause :o Survive de~ver~ of %~:~e hereunder.
the majority of stockholders.
RIDER TO CONTRACT OF SALE BETWEEN:
HOWARD LUCAS, s~.., AS PURCHASER.
ALICE ~. HUSSIE, AS SELLER AND
The within described premises' are sold and are to be conveyed subject to
the following: *'
~. Possible encroacl~ents of retalnin~ walls, $1d~al~s, ~ed~e$, .
coping, fences, if any, a.d vari.tlon between record lines and fences,
hedges and. retaining walls,
and operate lines, wires, cables, poles and distribution boxes, in, over
and upon said premises.
D. Subject to any state of facts an accurate survey would show
provided same does not render title u~marketable.
HOWARD LUCAS, ..~J~.,.
Parties agree that this Contract is contingent upon the Purchasers procuring
a Conventional Mortgage or Variable Mortgage commitment from a lending
t~s~tutlon !~.the a.moun~ 9f:.$1,2~O~OOO~OOL. ;...~;..., (repayable In 25 years),
a: :ne prevailing ra~e or Interest, and the Purchasers .agree to make lmn)ediate
and diligent application and agree to sign such. papers, documents,"and~lve
such Information as may be required for such financing.' The Purchasers sba1!
have '45 days from the date of the Contraot to secure a commitment on the
· above terms. 'In the event the Purchasers shall fail to obtain such' commitment
within such time, then and in that event-, the seller 'sha]! have the right to
extend the ~urohasers time to.obtain a mortgage commitment or eeturn the down
payment paid hereunder at which time this contract shall be deemed nul~e~Oid.
It [l~,~nderstood and agreed.that, once the mortgage commitment ans oeen
that this mortgage contingency clause shall be.deemed satisfied even if the
commitment has been withdrawn by the lend~ng institution thereafter.
This contract ls further:contingent upon the purchaser obtaining from the
Southo]d Town P~anninggBoard, Site PlanApproval,.' for the use of the subject
premises as and 'for an 'automobile 'and truck.dealership, sale of used cars
and servicing, parklng~ storing and other uses incidental thereto, which site
plan approVal shall beobtained by purchaser'at its own cost and expense.
The'purchaser agrees to make Immediate and .diligent appIl'cation and to have
all required documents'and filing fees with the Southold Town Planning Board
no later than 30 days from the date hereof and in the event that said approval
is not obtained within $ months the seller shall have the right to eXtend
purchasers time to obtain said site plan approval or return the down payment
hereunder at which time this. contract shall be deemed null and void. The
parties agree that in the event any notices have to be given between the
parties that said notlcescan be givenbetween their attorneys.. Purchaser
sha~l de]lver to the office of the seller's attorney within 30 days from the
date hereof a ]etter from said Southold Town Planning Board verifying all
the foregoing and that.a completed site plan application with ali required
documentation has been filed and Is waiting determination by said Southold
Town P]anning Board.. tn the event that 'It Is not the Planning Board's
policy to Issue a letter that said letter wl]I be issued by. the. purchaser
or his agent. The parties understand and agree that this contract is contingent
only upon the purchaser obtaining site p.lan approval, and not a building permit.
The parties agree'that lnthe event'any notices have to be'given between'the
parties that said notices can be'given between their attorneys.
The Purchaser represents ~a%helhas'~0btatned.a Ford Dealership Franchise.
Seller agrees to execute ~hy.i':a'nd"a],I"necess~.rY,'~ap,ecs requilr~d by munltcJpa!
authorities havtngjurt'sdtctt'bn tb 's~Cure 5aid'~ite.pl~n approval,.
-
RIDER TO CONTRACT OF SALE BETWEEN:.
ALICE ,). HUSSIE, AS SELLER AND HOWARD LUCAS, SR., AS PURCHASER.
The Purchaser agrees to deliver 'to the attorney for the Seller herein a list of
any objections to title or violations which may appe'ar on any proper exarnina-
tio~l of title, and if anyof the objections or violations which may appear on -~aid
title examinatiol~ cannot be cleared by the Seller prior to the date~et for clos-
ing of title, then the Seller shall be entitled to a reasonable adjournment of the
closing for the purpose of clearing such objections or violations.
In the event that the Seller is unable to convey title in accordance with the
terms of this agreement, the Seller shall have the option of clearing any ob-
jections to title oz. violations, or to return to the Purchaser the amount paid on
account of the purchase price hereunder and to reimburse the Purchaser for
cost of the title examination, which cost is not to exceed $100.00, and the cost
of any survey made in connection therewith incurred by the P~trchaser~ and
upon such payments being made,, this agreement shall be considered cancelle~
and of no further force and effect and the parties hereto shall thereupon be re-
leased of any and all further liability, as against each other, and the lien, if
any, of the purchaser against the premises shall cease ~nd terminate. The
Seller shall not be required to bring any action or proceeding or otherwise to
incur any expense to render the title to the premises marketable, but the
chaser may. nevertheless, accept such title as the Seller may be able to con-
vey. without any reduction of the purchase price or any credit o~' allowance
a~lnst the same and without any liability onlthe,part of the. Seller for such
veyance. The acceptance of a deed by the Purchaser shall be deemed to be a
full performance and discharge of every agreement and obligation on the part
of the Seller to be performed'pursuant to the provisions of this agreement ex-
cept those provisions, if any, which are specifically stated herein to survive
the delivery of the deed. ·
HOWARD LUCAS,
WATER
METER
READINGS:
ALLOWANCE
FOR UNPAID
TAXES. ETC.:
USE OF
PURCHASE
PR~ETOPAY
ENCUM-
BRANCES:
AFFIDAVIT
AS TO
JUDGMENTS
BANKRUPT-
CIES:
DEED
TRANSFER
AND
RECORDING
TAXES:
PURCtlASER'S
LIEN:
SELLER'S
INABILITY
TO
CONVEY
LIMITATION
OF
LIABILITY:
CONDITION
OF
PROPERTY:
ENTIRE
AGREEMENT:
CIIANGES
MUST BE IN
WRITING:
SINGULAR
ALSO
MEANS
PLURAL:
13. The followin~ are to be apportioned as of midnight of the day before thc day of CLOSING.
(a) Rents as and when collected. (b) Interest on EXISTING MORTGAGE(S). (c) Premiums on existing.trensferreble insurance
policies and renewals of those expiring prior to CLOSING. (d) Taxes, water charges and sewer rents, on the basis of the
~L~ period for which assessed. (e) FueL, if any. (0 Vault chasSes, if any.
~ CLOSING shall occur before a new tax rote is fixed, the apportionment of taxes shall be upon the basis of the old tax
rate for the proceeding period applied to the Latest assessed valuation.
Any errors or omissions in computing apportionmefits at CLOSING shall be corrected. This pmvisinn shah survive
CLOSING.
14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) days
before CLOSING d ate and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading.
15. SELLER has the option to credit PURCHASER aS an adjustment of the purchase price with the amount of any unpaid
taxes, assessments, water charges and sewer mats, together with any interest and penalties thereon to a date not lessthan fiw
(5) business days after CLOSING, provided that official bills therefor computed to mid date are produced at CLOSING.
· · ' h SELLER is obUpted to pay and discharge at CLOSING, SELLER may
16. If there ts anything else affe.ct~g the .~s~e,,,wnhni. cee to ' harm, it. AS an alternative SELLER may deport money with thc
use any portion of the balance ot the pure,,.- ~___ _ disc
SER and required by it to assure its discha~e, but only if the title insurance
title company empinyed by PURCtlA ...... : ........ ; 'ts enforcement out of the pREMISES. Upon
company will insure PURCtlASER'S title clear ol the matter o, ,t~u,..~.,nst t
request, made within a reasonable time before CLOSING, the PURCHASER'a~recs to provide separate certified checks as
requested to assist in clearing up these matters. ~
17. If a title examination discloses judgments, be~kruptcice or other returns a~ainst persons havin$ names thc same as or
similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not
against SELLER.
· certified check payable to the orde'r of the appropriate State, City or County'
18. At CLOSING, SELLER shall.dehvar a ......... .,;-- ** -arable b reason of the dehveW or recording of the
officer in the amount of any applicable transrer gnu/of s~.*~,,,,-,~ ,.x ,- , Y
deed, together with any required tax return. PURC. IIASER apeas,to duly complete the tax return and to cause the cheek(s)
and the tax return to be delivered to the appropriate officer promptly after CLOSING.
19. Ail money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES
and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out
of the PREMISES· Such liens shall not continue after default in performance of the contract by PURCHASER.
20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall
be to refund ali money paid on account of this contract, plus all chsr~ns made for: (i) examining the title, (ii) any appro-
priate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such
refund and payment this contract shall be considered cancelled, and ncllher SELLER nor PURCHASER shall have any
further Hghts a~ainst the other. ' '
21. PURCHASER has inspected the buildings on .the PREMISES and the personal property included in this sale and is
thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition
subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have
the right, after reasonable notice to SELLER, to inspect them before CLOSING.
22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It corn
detely expresses their full agreement. It bas been entered into after full investigation, neither party relying upon
statements made by anyone else that is not set forth in this contract.
23. This contract may not be changed or cancelled except in writing: The contract shall also apply to and bin.
the distributces, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hareb'.
authorize theh' attorneys to agree in writing to any changes in dates and time periods provided for in this contract.
24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may requite it.
In Presence Of:
OVER
STATE OF NEW YORK, COUNTY OF ss:
On thc day of 19 ,before me
personalty came
lo me known lo be Ihe individual described in and who.
executed the foregoing iflstrumcnl, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF ss:
On lite day of 19 , before me
personally came
to mr known, who, beim~ by me duly sworn, did depose and say
that he resides at No.
that he is the
of , the corporation described
in and which executed the foregoing instrument; that he
knows Ihe seal of said corporation; Ihat the seal affixed to said
instrument is such corporate seal; that it was so affixed by order
nf tile board of directors of said corporation, and that he
signed h name therein by like order.
STATE OF NEW YORK, COUNTY OF ~[~ ss:.
On the. day of I q , h re- nm
,o me known to be thc individual descrihcd in and who
execulcd the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF ss:
On lite day of . 19 , before me
personally came ·
to me known and known to me to be a partner in
a partnership, and known to me to be the person described in
and who executed the foregoing instrument in the partnership
name, and said '
duly a~knowledged that he executed the foregoing instrument
for and on behalf of said partnership.
19 , at
(.'losing the title under the within contract is hereby adjourned to
; title to be closed and all adjustmcots to he made
o'clock, at
asof 19 .* · ........ '" ; .......
Dated, 19
For value received, the within contract and all the right, title and interest of the purchaser the~reunder are hereby ass~ned,
transferred and set over unto .
and said assignee hereby assumes aU obligations of the p~rchaser thereunder.
19
Dated,
Assignee of Purcha~,
TITLE NO,
unt act of
From:
PREMISES
Section
Block
Lot
County or Town
Street Numbered Address
., Recorded At Request of
""American Title Intumnce Compeny
RETURN BY MAIL TO:
To:
Zip No.
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
Distributed by
american title
insurance company
DISTRICT
1000
SECTION
059.00
BLOCK
03.00
LOT~
032.001
CONSULT YOUR LAWYER BEFORE SIGI~IfJG THIS fNSTRUMEHT--TIIIS INSTRU/~AENT SHOULD BE USED BY LAWIERS
THIS INDENTURF~ made the 6th
BETWEEN
day of January , nineteen hundred and Eighty-SevE
IRVING FRIEDMAN residing at No.
Delray Beach, Florida,
pa~yofthefirstpa~,~d
ALICE J. HUSSIE residing,at no number Goose Neck Lane,
New York,
14575 Bonaire Boulevard,
Southol
~y of ~e s~ond part,
W~NESSETH, that the party of the first part. in consideration of Ten Dollars ~d other v~uable ~nslde~gon
paid by the party of the second pa~, does hereby grant and refuse ~to the party of the second PaR the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, ~ffi~lb'v~a~miwoy~l~R',~dlke/~4~xtr~e~~ situate,
lying~dbelngb~b~ at Southold, in the Town of Southold, :'County of Suffo.
and State of New York, more particularly bounded and described as
follows:
Beginning at.a monument on the westerly line of Horton's Lane
97.62 feet northerly along the said westerly line from the northerl5
end of a curve connecting said westerly line with the northerly
line of Middle Road, said point being the southeasterly corner
of the premises herein described, from said point of beginning:
Running thence along land of Rakowicz and others South 60014' 20"
West, 439.88 feet to land of Jennings; thence along said land
North 36015,20', West, 351.71 feet to land of Markel; Thence along
said land North 60~14,20,, East, 601.54 feet to the westerly line of
Horton's Lane; Thence along said line South 10031,30'' East 370.08
feetto the point or place of beginning.
AND the party of the first part covenants that the party of the
first part has not done or suffered anything whereby said premises
have been encumbered in any way whatever, except as may be hereaftex
set forth.
TOGETHER with ~11 Hgl,t title and interest, if any, of the party of the first part of, in .a~.d to any street~l :md
roads abutting the above-described premises to the center lines thereof; T.O. GETHER w~th the appurtenances
and all the estate and rights of the party of the first part m and to sasdpremlses; TO HAVI~ AND TO
ttOLD the premises herein granted unto the party of the second part, the heirs or successors Ired ~stgns ~of
the party of the second part forever.'
ND the party, of the first part, m complmnce w,th Section 13 of the Len Law, covenants that the p~q~y o[
the first part wdl receive the consideration for this conveyance and w I bold the right to receive such eo~sld-
erat on as a trust fund to be app led first for the purpose of paying the cost of ~the improvement and will
apply the same first to the payment of the cost of the improvement before using ~y pa~t o{ the t~l of the
same for any other pnrpose.
The word "party" shall be construed as if ~t read partxes whenever the sense of this indenture so reqmres.
IN WITNES~ WHEREOF, the party of the first part has duly executed this deed the day ~d y~r first above
written.
FLORIDA
STAI~ OF~g~6[.~I3~,TF. COUNTY O~ PALM BEACH #,
On the 6th dayoUanuary 1987 ,before me
personally aune
Irving Friedman
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
he executed the same.
Notary Public
I~tsfy Public State ot Florida al Large
My Commission Expires October 28. tO&q'
Bo~led Thru Co;nalius, Johnson & Cts.. Inc
o.,be &
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the s-al affixed
to said instrument is such corporate se=l; that it was so
affixed by order of'the board of directors of said corpo~-
tioa, and that he signed h name thereto by like order.
STATs. OF NEW YORK~ {;OUNTY OF
On the day of 19 before me
personally came '
to me known to be the individual described in and who
~xecuted the foregoing instrument, and ~:knowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF
On the day of 19 before me
personally came '
the subscribing witness to the foregoin~ instrument with
whom l...~a, personally acquainted, who,~bein~ by ml duly
s~voru, nm acpose and say that he resides at No.
that he knows ;
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the 'same time, subscribed h name as witness thereto.
Meeting Date: Jan. 12, 1989 Appeal No. 3802SE
Members Absent, if any: Applicants: Howard Lucas, Sr./Alice Hussie
Relief requested and I~ocation: Establish use of premises for car dealership
activities
Horton La.
Southold Charles Serge James Gerard Joseph
59-3-32.1 Grigonis Doyen Dinizio, Jr .Goeh ringer Sawicki
Resolution made by:
Seconded by:
( ) ( ) ( ) ( ) ( )
( ) ( ) ( ) ( ) ( )
ACTION:
( ) Approve as applied
( ) Deny as applied
( ) Deny without prejudice
( ) Deny
( )
( )
) Subject to County Planning Referral
) Subject to Planning Board approval
) Subject to D.E.C.
¥/ithdrawn %Vithout Prejudice as requested
Approve with the following Conditions:
[I]
[2]
[4]
[ ]
Special Exception criteria appl,(of two
Prior application conditions applical[
NOTES:
This Variance is temporary for a maximum period
years, EXCEPT
[ ]
where the proeosed subdivision has been
finalized 3y all agencies and the parcels
have been transferred by deed or other
legal COnveyance to reflect the subdivi-
sion lines accordingly.
a building permit has been properly
issued and construction commenced
within this limited two-year period.
VOTE OF THE BOARD:
Ayes: ( ) CG
Nays: ( ) CG
Abstain: ( ) CG
Absent: ( ) CG
( ) SD ( ) RD ( ) GG ( ) JS
( ) SD ( ) RD ( ) GG ( ) JS
( ) SD ( ) RD ( ) GG ( ) 3S
( ) SD ( ) RD ( ) GG ( ) JS
Resolution was passed: ( ) unanimously
Resolution was not passed: ( ).
This application was recessed until
( ) by majority vote
Southold Town Board of Appeals -8- Septembe~r 26, 1985 Special
..~o. 3393-X~BARBARA-q~. SCHRIE~V~R,~decisi~
Meeting
S~q~cki. (MemJ~s Doyen and C~r~gonis were ~a]~ent.) _T~s resolu-
~ tion~as a~j~ed '6'y..a una ~us ~qte of~q~or-r~ot~"~he embe-r~
PENDING DECISION: Appeal No. 3387: ~
Application of ALICE HUSSIE - AGOP APIKOGLU & ANO for a Special
Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for
permission to establish tennis and recreational facilities in this
"B-l" General Business Zoning District located at the West Side of
Horton Lane, Southold, NY, containing 4+ acres; Suffolk County Tax
Map District lO00, Section 59, Block 3, Lot 32.1.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded
1985 in the Matter of the Application of ALICE HUSSIE
No. 3387; and
on September 12,
under Appeal
WHEREAS, the board members have personally viewed and are familiar
with the premises in question, its present zoning, and the surrounding
area; and
WHEREAS, t~e board has considered all testimony and documentation
submitted concerning this application; and it is noted for the record
that there has been no public opposition; and
WHEREAS, the board made the following findings of fact:
1. This is an application for a Special Exception in accordance
with Article VII, Section lO0-70(B) of the Zoning Code for permission
to establish tennis and recreational faiclities in this "B-I" General
Business Zoning District.
2. The premises in question is located at the west side of
Horton Lane, Southold, and is identified on the Suffolk County Tax
Maps as District 1000, Section 59, Block 3, Lot 32.1.
3. This parcel contains a total
or 4.1769 acres, with 370.08 frontage
presently vacant.
area of 181,945.50 sq. ft.,
along Horton Lane, and is
4. Proposed by this application are as follow: (a) four indoor
tennis courts within a 215' by 120' one-story building and 40' by 80'
attached two-Story building, to be set back 230 feet from Horton Lane,
Southold Town Board of Appeals -9- September 26, 1985
(Appeal No. 3387 - ALICE HUSSIE, decision, continued:)
Special Meeting
26 feet from the northerly side line, 36 feet from the rear [westerly]
property line, and 202 feet from the southerly side property line;
(b) raised terrace attached along the southerly side of building (a),
supra, containing an area of approximately 2,030 sq. ft.; (c)
240' by 60' exterior tennis court surface with 10' high fencing to be
set back approximately 180 feet from Horton Lane and not less than
35 feet from the southerly side property line and not less than
25 feet from fthe westerly rear property line, as shown on the
site plan amended August 20, 1985 prepared by Thomas Joseph Pirkl
and Associates, West Islip, New York.
5. For the record it is noted that by letter dated August 28,
1985, the Southold Town Planning Board indicates they are in favor
of this use and the buildings' setbacks and height as submitted.
6. It is further noted that the premises is proposed to remain
General Business (B1) under the proposed Master Plan Maps.
In considering this application, the board has: (a) considered
items Ia] through [1] of the zoning code; (b) determined the use
will not prevent the orderly and reasonable use of adjacent properties
or of properties in adjacent use districts; (c) determined the safety,
health, welfare, comfort, convenience and order of the town will not
be adversely affected by the proposed use and its location; (d)
determined that the use is in harmony with and will promote the
general purposes and intent of zoning since this is a use permitted
by legislative action and will meet the requirements of the zoning
regulations and is subject to site plan approval by the Planning
Board.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT th'e following Special Exception use applied
for under Application No. 3387 in the Matter of ALICE HUSSIE and
subject to the conditions as noted below:
1. Recreational facilities as shown on the August 20, 1985 site
plan under consideration which includes the construction of the follow-
ing buildings:
(a) Two-hundred fifteen (215)-foot by 120-foot one-story
building and 40' by 80' attached two-story building and raised terrace;
(b) Two-Hundred Forty (240)-foot by 60-foot exterior tennis
courts with ten-foot high fence enclosure;
(c) Parking facilities as approved by the Planning Board;
2. No overhead lighting on outside courts are permitted;
Southold Town Board of Appeals
(Appeal No. 3387 ALICE HUSSIE,
-10- September 26,
decision, continued:)
1985 Special
Meeting
3. Further extensions which may be proposed are subject to
subsequent Special Exception application and approval and subsequent
site plan approval from the Planning Board.
4. This project is also subject to final site plan approval from
the Planning Board in accordance with the requirements of Article XIII
of the zoning code.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolution
was unanimously adopted with a quorum of the members present.
In light of the hazardous weather conditions expected of
Hurricane Gloria in the next several hours, the Chairman declared
the meeting adjourned. The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
Approved October 24, 1985
Gerard P. Goehringer, Chairman
NOT'C*: o,' "fAhiN
NOTICE IS HEREBY
GIVEN. ptirsuanl to Section
26? of ~he Town La'a and the
Code of thc Town of Soulhold,
Ihe following hearings ,,',ill be
held by Ih,.' SOUTHOLD
TOWN BOARD OF APPEAES
at a Regular Meeling, al the
Southold Tov. n Hall, Main
Road, Southold, N.Y. ll971, on
THURSDAY, JANUARY 12,
1989, at lhe following times:
7:32 p.m. Appl. No. 3809--
STEPHEN AND DONNA
GRZESIK. Variance to the Zon-
ing Ordinance, Article Iii, Sec-
tion 100-11, ff)r permission to
construct addition to dwelling
with an insufficient rearyard set-
back. Location of Property:
62215 00% North Road, Green-
port, N.Y.; Counly Tax Map Dis-
trict I000, Section 40, Block
Eot 3.
7:35 p.m. Appl. No. 3810~.'~
ANTHONY AND ROSE-
"~4RY BOLLETINO. Variance
;lng Ordinance, Atti-
c. Section 100-32 for per-
mi~ ,son to locate accessory ien-
his court, sv, imming pool, and
Rmce enclosure(s) in the from-
t.',: Norlh Side (#16705) Main
Road, East Marion, N.Y.; Coun-
t) Tax Map Disllict 1000, Sec-
liotl 23, Block I, Iol 14.6.
;.38 p.L/ ;\ppi. No. 3817~
DORIS K. BROWN. ~ariance
to tile Zoning Ordinance, Al-If
~ cie Ill, Seclion 100-32 for per-
bailding in the fronlyard area.
l.ocation of Property: Private
Righl-of-Way located off the
north side of Bergen Avenue,
Mattituck, N.Y.; County Tax
Map Dislricl 1000, Section 112,
Block 1, Lol 17.
7:43 p.m. Appl. No.
WILLIAM AND THERESA
PARK. Variance to the Zoning
Ordinance Article 111, Section
100-32~ for approval of addition '
to accessory 10uilding with insuf-
ficient setbacks from property '
lines. Location of Property:
Westerly side of Bennett Lane
and the South side of Pine Neck
Road, Southold, N.Y.; County
Tax Map District 1000, Section
70, Block 9, Lot I.
7:48 p.m. Appl. No. 3820-.--,
GUNTHER AND KAYLA
STOTZKY. Variance t6 Ihe Zon-
ing Ordinance, Article Ill, Sec-
don 100-31, tbr permissioa to
existing dwelling with an insuf-
ficiem rearyard setback. Loca-
tion of Property: Fast Side of
Osprey Nest Road, Greenport,
N.Y.; County Tax Map District
~HH. u~O, Sec. 35, Block 6,
:53 p.m. Appl. No. 3802
WARD LUCAS/ALICE
SSIE. Special Exception to
the Zoning Ordinance, Article
VII, Section 100-70B for permis
sion to establish car dealershil
{and sign) in this B-1 Genera
Business Zone District. I.ocatio~
of Property: West Side of Her
tows I :me, Southo]d, N.Y.
Coumy Tax Map District 1000
Section 59, Block 3, Lot 32,.~I.
.~ p.m. AppL No. 3912-
PETER AND 3ANICE STEIL.
Variance lo the Zoning Or-
dinance, Article 111, Section
100-32 for permission to locate
accessory sa, imm ng pool in the
fromyard are Location of Pro-
pert.,..: East End Road, Fishers
Island, N.'L; County Tax Map
Districl I000, Section 5, Block :
2, Lot 7.4.
8:03 p.m. AppL No. 3815--
AtFRED · FALKOWSKI.
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ....................... ./... weeks
successively, commencing on the ............ .'5.-~V .....
day of .... ~ ..... , 19 ..... ~-~,
Sworn to before me this /d '~
..................... day of
Notary Public
BARDa, RA A. SCHNEIDER
NOTA2¥ PLIBLIC, State of New Yorl(
~In~!ified i;~ Suffolk Coun)y
Cu;an~:s~0n Exp~es ~/~//ffo
Leg No ces
NOTIC~ HEARINGS
NOTICE-IS HEREBY GIVEN,
pursuant to Section 267 of the
Town Law and the Code of the
Town of Southold, the following
hearings will be held by the
SOUTHOLD TOWN BOARD OF
APPEALS at a Regular Meeting, at
the Southold Town HaH, Main
Road, Sonthold, NY 11971, on
THURSDAY, JANUARY 12, 1989,
at the following times:
7:32 p.m. AppL No. 3809 --
STEPHEN AND DONNA GRZ~SIX.
Variance to the Z~aing Ordinance,
Article H~, Section 100-31, for
erty: 62215 (309) North Road.
Greenpon. NY; County Ta~ Map
District 1000. Section 40. Block
swimmlngpool, and fence encin=
mm(s) in the fro~tya~i ama. Loca-
(#16705) Main Read, Bast Marion,
from property Bnes. Location of
Property: Westerly Side of Bennett
icar dealers~' (a:d sign)in~ sic cars m this "C-Light lndt,-
B-1 Gene~ ,usiness Zone~ trial" Zone District. Location
trier Location of Property:[ Property: Noah Side Main Roe.
st Side of Horton's Lane,] and West Side Elijah's Lane,
thold, NY; County Tax Map~ Matrituck, NY; Proposed Lot No.
trict 1000, Section 59, Blockl I as shown on Map dated October
Lot 32.1. __ . t 12. 1988; County Tax Map
8:00 p.m, Appl. No. 3912 -- District 1000, Section 108, Block
PBTERAND JANICE STEIL. Vari_ 4, Lot 10.
ance to the Zoning Ordinance, Ar-
ticle ~I, Section 100-32 for per-
. SS:
8:30 p.m. AppL No. 3797 --
F]SllBRS ISLAND UTILITy COM-
swimmingpool in the frontyard
ar~a, Location of Propuny: East
End Road, Fishers Island, NY;
County Tax Map District lo00,
Section 5, Block 2, Lot 7.4.
8:03 p.m. AppL No. 3815 --
ALFRED FALKOWSKI. Variance to
the Zoning Ordinance, Article IX,
Section 100-93, Bulk Schedule, for
permission to locate new principal
building in this C-I General
Industrial Zone District with an
insufficient frontyard setback. Lo-
catio~ of Property: 8595 Cox Lane
and South Side of Oregon Road,
Cutchogue, NY; County Tax Map
District 1000, Section 83, Block
3, Lot 4.6.
8:05 p.m. Appl. No. 3814 --
RYCK KOKE. Variance to the
Zoning Ordinance, Article HI,
Section 100-32 for approval of
accessot7 swimming pool with
'ntento
~-~ of Mattituck, In
¥ sworn, says that he/she is Principal
:K TIMES, · Weekly Newspaper,
, In the Town of Southold, County of
,w York, and that the Notice of which
co~/, h,~ been regularly published In
a each week for 1 weeks
ming on the _~.~_ day of
Principal Clerk
area. Location of Property: 245
Kimbedy Lane, Southold, NY;
Paradise By the Bay Subdivisi~m
Lot No. 2; County Tax Map
District 1000, Section 70, Block
13, Lot 20.2.
8:10 p.m. AI~I. No, 3806 --
DORIS PRICE MOB! J .~ FOSTER.
Variance to the Zoning Ordinance,
A~icle ~H, Section 100-31 for ap-
proval of insufficient lot width
(frontage) of proposed Parcel No.
I in this pending Minor Subdivi-
sion. Location of Preperty: West
Side of Little Neck Road,
Cutchogue, NY; County Tax Map
District 1O00, Section 103, Block
9, Lot 13.
8:15 p.m. JOSEPH AND BETrY
HARDY. Location of Property:
South Side of Main Road, Matti-
tuck, NY; County Tax Map District
1000, Section 114, Block 11, LOt
5:
(a) App]. No. 3747 -- Special
Exception to the Zoning Ordi-
nnnce, Article VIII, Section 100-
80B, for permission to construct
wholesale storage beilding, &cces-
soty to plumbing use; and
Co) Appl. No. 3746 -- Variance
to the Zonin8 Ordinance, Bulk
Schedule, Article VHI, Section
100-81, for permission to con-
stmot wholesale storage building
for plumbing business use.
8:25 p.m. Appl. No. 3810 --
PANY, INC. Variances to the
Zoning Ordinance, Article III,
Section 100-31, for approval of
insufficient area of two proposed
parcels in this pending division of
land. Location of Property: West
Side of Crescent Avenue and North
Side of Central Avenue, Fishers
Island, NY: County Tax Map
District 10O0, Section 6, Block 6,
Lm 20,4.
The Board of Appeals will at
said time and place hear any and
all perseos or representatives de-
siring to be heard in each of the
above matters. Written comments
may also be submitted prior to the
conclusion of the subject hearing.
Each hearing will not start befo~
the rime allotted. For mom Juror-
marion, please call 765-1809,
Dated: lanuaty 3, 1989.
BY ORDER
OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CEAIRbt~N
6162-155 By Lidda Kowaiski ~ ~ . .
/ ,/' "MARY g. DEGNAN
.' '~. - CY NOTARY PUBLIC. State ~! ~ew York
Sectkm 35, Block 6, Lot 33. WILLIAM J BAXTER. JR So--cial
~ 7:5~ .~ ~1. No 'ISO9 ,, Exce'o;on ~o '~- '~-- ' A ,.
] ...,.. xm. Secti . 100-
-~r~, EXC?~.O~. t~..__t~e Ze~.ing ~ 809 for permission to
.... o ,or pemusston to estab- % assembly and~nan~a-ct~re'oT"cra~.~'''
(Bus.) (516) 765-5918
(Home) (516) 224-36~1
GRAY CONSTRUCTION CORP.
Howard Tudisco
P.O. Box 166
Southold, N.Y. 11971
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Dated: November 14, 1988
Transmitted herewith is Zoning Appeal No. ~J802
Howard Lucas
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
application of
for a Special Exception. Also included is Notification to Adjacent Property
Owners; Short Environmental Assessment Form; Certificate of Occupancy
for Non-conforming Premises; survey of property; and any other attachments
relative to this application.
Judith T. Terry ~'
Southold Town Clerk
List of Mailing
Notice of Hearings for 1/12/89
.Southold Town Board of Appeals
Copies to the following on or about January 3, 1989:
Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY
11958 for Stephen and Donna Grzesik.
J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport,
NY 11944, for Anthony and Rosemary Bolletino.
Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952
Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028
Mr. and Mrs. William E. Park, Jr.
3500 Pine Neck Road, Southold, NY 11971
Mr. and Mrs. Gunther Stotzky
110 Bleecker Street, New York, NY 10012
/Mr. Howard Tudisco, Gray Construction Corp.
(picked up in person on 1/3/89)
Mr. Howard Lucas, 437 Second Avenue, East Northport, NY 11731
(by mail)
Ms.
Terry S. Gingras, Office Manager, for P. & J. Steil
Metcalfe and Thorne, Inc., 150 Main Street, Northampton,
Massachusetts 01060
Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY
11935 for Alfred Falkowski
Rudolph H. Bruer, Esq., Main Road,
as Attorney for:
Ryck Koke
Doris Price Moeller Foster
Joseph and Betty Hardy
$outhold, NY 11971
Karen J. Stretz, Esq. for William J. Baxter, Jr.
Wickham, Wickham & Bressler, P.C., Main Road
P.O. Box 1424, Mattituck, NY 11952
Richard F. Lark, Esq. for F.I. Utility Company, Inc.
Main Road, Box 973, Cutchogue, NY 11935
Suffolk Times, Inc.
L.I. Traveler-Watchman
Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board
ZBA Board Members (with file copies)
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
\
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the i~ndersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (CSpecial Exception~ (Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ~oJ'/~ /~F-R=~ ~ ~ J~(~-~'F ~[;;1~ ~ ~ ~ ~7,~ '
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article ~/I I Section I~C;~- 7~'3 ~
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wa.y.
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. (5].6) 765-[809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: l//6/~'~// .
Petitioner
Owners'Names: ,~,L.I~_..~ ~[..~}~:
Post Office Address
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
~-.-. LIz:;~l~Tq4 ~ , ~,"¢, i;'7~--.~t . . being duly sworn, deposes and says that on the ~ 'day
of t,q ~ ,; ~ 6 e,~' , 19 <~f~/ , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at
(certified) (registered) mail.
; that said Notices 7.e~ailed .t/each of said persons bY
Sworn to. before me this
day o~'./~ ou c..~-'t,5 ~ ~ 1, 1
X
/ / - Notary~ffblic
~RMAN L, HA~L
N~ ~, S~te of N~ York
No. 67~. ~k ~u~
~mmission Expires ~r
(This side does not have to be completed on form transmitted to adjoining
property owners.}
45 N 60°14' 20" E
~. _
N/F MARKEL
44
44
N-FO'
/
601,54~
/
/
/
/
/
KEY MAP
~ /' LEGEND
NORTH C.R. 27 ) ROAD
(' MIDDLE RD. ) ,
NO. DATE
REVISIONS
REMARKS
JOHN A, GRAMMAS ~.ASSO0,
850 WILLIS 'AVENUE
ALBERTSON~ N.Y. I1507
STORM WATER DRAINAGE IO'DIAM.ORYW6LL CAPAFITY 68.42 CU,FT.t/FT. CURB+PAVING DETAIL TEST HOLE ,NOTE8 PARKIh
, TYPE o~'
j ' -
.
TOTAL
LINE,
TOTAL 2fl2,l Z~Fo
SITE DATA
ZONE: D-I ~EN~L
LOT A~mA(4. md,'D AC')
I~AVIM~
~ 4-~. I~ ?4)
(
PROPOSED BUILDING FOR
ILUCA$ FORD
ILOCATED AT
3245 HORTONS LANE
SOUTHOLD, N.Y.
S.C.T.M. NO. [000 -
Si TE
IDATE: I1-,~-~ DRAWIN~
SCALE: I"= .~o'- o'
P.- I
;DRAWN:
CONT. NO, 6244