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HomeMy WebLinkAbout3608 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11¢~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3608 Application Dated January 20, ]987 TO: J. Kevin McLaughlin, Esq. as Attorney for MR. RICHARD 828 Front Street, P.O. Box 803 Greenport, NY 11944 F. MULLEN, JR. [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on April 2, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X]Request for Variance to the Zoning Ordinance Article XI, Section ]00-]]2(I) [ ] Request for Application of RICHARD F. MULLEN, JR. for a Variance to the Zoning Ordinance, Article X~on lO0'-ll2(I) for permission to utilize subject premises for a paved parking area for the employees of Mullen Motors, an established business abutting this parcel along the north side. Zone Districts: Partly "A' Residential and Agricultural and 'B-I" General Business. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. WHEREAS, a public hearing was held and concluded on March 1987 in the Matter of the Application of RICHARD F. MULLEN, JR. under Appeal No. 3608; 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, appellant requests a Variance from the Provisions of Article XI, Section 100-112(I) for permission to use premises located partly in the 'B-l" General Business and partly in the "A" Residential and Agricultural Zoning Districts as a paved parking area for the employees of Mullen Motors, an established business located on the adjacent property immediately to the north. 2. The premises in question is located along the east side of Cottage Place, Southold, with frontage of 104.60 feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 19. 3. The subject premises is presently vacant. (CONTINUED ON PAGE TWO~ DATED: April 2, 1987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appeal No. 3608 Decision Rendered April 2, 1987 Matter of RICHARD F. MULLEN, JR. I ECEIVED AND THE SOUTKCLD TO~i~ DATE /o HOUR To~ ~erk, Town of ~u[kold 4. Article XI, Section lO0-112, Subsection (I) of the Zoning Code prohibits such parking spaces on a lot in any residence dis- trict, unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. 5. The Site Plan prepared December ll, 1986 by Peconic Surveyors and Engineers, P.C. depicts a proposed parking area of 12,930 sq. ft., grass area of 3,800 sq. ft., and a total of 26 parking spaces, two of which are located in the "B-I" Zone District. The total square footage of the lot in question is 17,409 sq. ft. Also proposed is a six-foot high chainlink fence encompassing the borders of the north, east and south property lines. A variance as to the restricted four-foot height require- ments along the front yard areas has not been appropriately applied for and accordingly is not a part of this application. 6. Article XI, Section lO0-112 Subsection (K) of the Zoning Code and the relief granted hereunder requires continued mainte- nance and appropriate screening from adjoining residential lots and from the view of lands across the street from other residen- tial properties, by a substantial wall, fence or thick hedge approved by the Planning Board, generally at a height of not less than three feet. 7. It is the understanding of this Board that this property will not at any time be used for vehicles sales, vehicle repairs, storage of equipment or vehicles or related items, and will be used solely as an accessory use to permit parking by employees of Mullen Motors, Inc., the established business on the lot immediately adjacent to the north. In considering this appeal, the board finds and determines: (a) that the use proposed is not inconsistent with the general purposes of the intent of zoning; (b) the circumstances are unique; (c) the accessory use applied for will not alter the essential character of the neighborhood; (d) the use will not prevent the orderly and reasonable use of this district or adjacent use districts; (e) the safety, health, welfare, comfort, convenience and order of the town will not be ad- versely affected by this use; (f) the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief requested under Appeal No. 3608 in the Matter of the Application of RICHARD F. MULLEN, JR. for employee parking of Mullen Motors only, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Fence must meet current code restrictions for a maximum height of four feet along the front yard property lines, unless application is made separately for additional relief. 2. The approved parking area is restricted only to the residentially zoned portion. 3. Planning Board site plan approval screening, drainage, egress, ingress, etc. lO0-112(K), et seq. of the Zoning Code). (including surfacing, as per Section Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis abstained.) This .,-.~ resolution was duly adopted.lk , , , ~F~ GERARD P. GOEHRINGER, CHAIRMAN 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall,, Main Road, Southold, NY at a Regular Meeting, THURSDAY, MARCH 53 1987 at the following times: - -' 7:35 p.m. Appeal No. 3590 THOMAS AND CATHERINE ZIMMERMAN (Recessed from 2/5/8~)'. Addition to nonconforming dwelling str~cture exceeding 50% of fair value. 265 Rochelle Place,'- Mattituck, NY; 1000-144-04-9 & 8. 7:40 p.m. Appeal No. 3603 JAMES CROSS. Variance 'to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for .approval of insufficient lot area (78,408 sq. ft.) of parcel proposed to be set-off'"in this pending division of land. Location of Property: North Side of Main Road, Cutchogue, NY~ County Tax Map District 1000, Section 109, Block l, Lot--8.5. 7:45 p.m. Appl. No. 3610 CAROL A. BARTHOLDMEW. Special Exception to the Zoning Ordinance for permission to establish "Bed and Breakfast" use, incidential and subordinate to the proposed single-family dwelling use, in accordance with the requirements of Article !I~, Section 100-30(B)[16]~ Location of Property:--7015 Wickham Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 5, Lot 4. ' 7:50 pom. Appeal No. 3612 PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at'rear of dwelling with an insufficient setback from wetlands along Great Pond at 7455 Soundview Avenue, South'otd, NY; County Tax Map District I000, Section 59, Block 6, Lot 8. 8:00 p.m. Appeal No. 3511 KAPELL REAL ESTATE INC. and LIMPET CORP. Variances to the Zoning Ordinance, Article III, Section 100-31~ Bulk Schedule for approval of insufficient (1.) lot area, (2) lot width, (~) lot depth of.two parcels in this pending division of land. Location of Property: Linett and Brown Streets, Greenport; Greenport Driving Park Map, Lots 16 and 65; County Tax Map District 1000, Section 48, Block 3, Lot 25.1. Page 2 Notice of Hearings Southold Town Board of Appeals R~gular Meeting March 5, 1~87 8:05 p.m. Appeal No. 3608 - RICHARD F. MULLE~, JR. Variance to the Zoning Ordinances Article XI, Section lO0-112(I) for per- mission to utilize subject premises for a paved parking area for the employees of Mullen Motors, an established business abutting this parcel alon'g the north side. Zone Districts: Partly "A" Residential and Agricultural and "B-l" General Business. -Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District lO00, Section 62, Block 3, Lot 19. 8:10 p.m. Appeal No. 3592 BENTE SNELLENBURG. Variances to the Zoning Ordinance, Articles: (1) XI, Section lO0-119.1(B) for appr6val of eight-foot height of fencing along the easterly property line a length of 72± feet; (2) XII, Section 100-141, Appea~ing the November 6, 1986 Older to Remedy Violation which mandates a building permit--for new'fencing along the easterly property line. Location of Property: Private right-of-way extending off of the east side of South Harbor Road known as Private Road No. lO, or Old Woods Path, Southold, NY; County Tax Map Parcel No; 1000-87-2-21. 8:20 p.m. Appeal No. 3611 - RAYMOND AND ELEANOR KERESTER. Variance to the Zoning Ordinance, Article III, Section 100-31~ Bul< Schedule for approval of insuffici'ent lot width of three parcels,'ea~h'c6ntaining 4.6± acres; in this pending minor subdivision. Location of Property: West side of Paradise Point Road and north side of North Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-25. The Board of Appeals will hear at said time and place all persons or representatives d~iring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may.be submitted p~ior to the conclusion of the subject hearing. For more information~ please cal'l 765-1809. Dated: February 23, 1987. BY ORDER OF THE SOUTHOLD TOWN ~ BOARD-OF A~PEALS GERARD P. GOEHRINGER, CHAIRMAN ~inda KOwal. ski, Board Secretary TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Fi/e No ................................ Date ...~:~.~....~..~...~..z.. ...... , t9 .~.~'.. To T ................ r ........ .. ............ .. ~ ~~...~. ~,..~.~,s ~ ¢ ....... PLEASE TAKE NOTICE that your application dated .... .~.~.~.. ~} ....... , 19 .~ ~.. for pe~it to construct ~ * at Location of PropertyHoe~'" ~tdo. '$ ~7 ....~'~ ....... ~[o;i ...... ~;~/ek County Tax Map No. I000 Section . .'...~.~... Block .... ~.~ ..... Lot., .[~ .... , .... Subdivision .................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds ~4~. ~..~...~?&. ~.o~..-.(t.~.(~]~) Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, ~ DATE .............................. TO THE ZON lNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 1, (We) ....~.~g.k~r.d..~.^..~l~q~...Jr. .......... of ...W.....~ill..2~em.k..~r£u~ ........................... Name of Appellor~t Street and Number Southold Municipality ~.e..w...]f. Qr~,, ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...Q.c...t..o..b...e..r....,2..,2......1..9...8..6. ............ (X) ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO J. Kevin McLaughlin a/c Richard F. Mullen, Jr. Name of Applicant for permit of ..~..2..~... ~. ~.. g.~ t;,o..8 .~ fL~.~;., .Gr. eP-,~p.ar.~ ,. .............. ~[ ~... ;Z.Q rlc .....1 ~..9..~ .4 ........... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY partially D-1 and LOCATION OF THE PROPERTY.~.65...Co~%a~e...B~u~ ......... ~.9~.~.~ ...................... Street Southold Use District on Zoning Map ..3.9.9 ....................................... 31&3.~ ...................... Current Owner Richard F. Mu]len: Jr. Mop No. Lot No. Ta× ~ap No. ~000-062-03-~9 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art±ale ~T 10~-1 12 (T) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A vARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws AFt. 1'6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for c variance and was made in Appeal No ...............................Dated .................................................................... ( ) (X) ( ) is requested for the reason that the for a paved parking area REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zaning Ordinance applicant desires to use the subject premises for the employees of Mullen Motors (Continue on other side) REASON FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- saw HARDSHIP because the property is located partially within a B-i district and partially within a residential district and is in an area of pre- dominately business uses. The parking area will be used for the employees of Mullen Motors. ?he subject parcel would no~ yield a reasonable return for any use allowed by the zoning ordinance. 2. The hardsh,pcreotedis UNIQUE ond isnotshared by oil prope~ies oli~ in the immediate vicinity ofthisDroperty and in this use district because the zoning district line divides this proper~y into two districts. The applicants intends ~o use the subject property as an accessary parking area for the employees of Mullen Motors. 3. The Variance would ooserve the spirit of the O~inance and WOULD NOT CHANGE THE C--~ARACTER OF /HE DISTRICT because the neighborhood is generally a mix of business and residential uses. The applicants automobile dealership abuts the subject premises. The use of the subject property as a parking area will ac~ as a buffer between business and residential uses. O TY o ........ ..... -- Sworn 'o this ........... r .................................. day o~.r~ ............................ ]9~ ~ot~r~ PuBlic LAURIE E, GRAEB Notary Public, State of New York No. 4821818, Suffolk County Term Expires September 30, 1988 ~ECO~D CARD ?~ ?:!~ ~? SUB. LOT FORMER OWNER SEAS. LAND IMP, VL. FARM TOTAL DATE BUILDING CONDITION AGE NEW FARM Tilloble I Tillable 2 Tillable 3 Wood[and Swampland BrushIand House Plot Total NORMAL ACR. , TYPE OF BUILDING COMM. CB. MISC. Mkt. Ve REMARKS BELOW ABOVE Value Per /~cre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD I DOCK M. Bldg. ~B ~ ~ i'"] .~ ~ Foundation Wolls Extension Fire Place Type Roof Porch ~ ~) ~/ ~= /() '~ ,-.('0 ~'b ~creation Room Porch Dormer ~y Driveway Garage _ Floors interior Finish Heat Rooms I st Floor Rooms 2nd Floor 3// \ LOT 3 N. ~¢ 2.8 LOT ~ RO KORN ./ SURVEY OF LOTS 82 8 55 605-S-2579 g7 'MAP OF PROPERTY OF JENNIE A. COCHRAN' FILED 0CT. 6,.1570 MAP tV0.399 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, iVY. I000- 062. - 03-19 SCALE, I"= 50' SEPT. t9, 1986 CERTIFIED TO., PECONIC 4BSTRAC T, INC. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK RICHARD ~' MULLEN, JR. Prepared in accordance with the minimum s~andards for title surveys as estobli0hed by the L.I,A. L $. cmd approved and adopted fo such use by The Hew York State [and N.Y,S. LIC. NO. 49618 ~S , ~ ENGINEERS, P, C. 0 SOU 86 1197t - 479 APPEALS BOARD MEMBERS Gerard P. Goebringer, Chairman Charles Grigonis. Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone~516) 765-1809 BOARD ,'OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Mare Road P.O. Box 1179 Southold, New ¥9~k 11971 Fax (516) 7655~[823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No.~ Application for RICHARD MULLF~N, JR. Variance to the Zoning Ordinance, Article X, Section 100-10iCI, for approval of two concrete vehicle-display pads located in the northerlyfront yard area, and/or clarification of ZBA Appl. Nos. 3675 and~3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southotd, NY; County Tax Map~No. 1000-62-3-20 and 19 (combined as one 10t for purposes of zone and planning for existing uses)'. WHEREAS, a public hearing was held on September 26, 1991 a~d at said hearing all those who desired to be heard were heard a~ their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this applieation; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is located in the General "B" Business Zoning District and is a 100' by 197' tract of improved land identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 20; (b) abuts other land of the applicant herein to the south which has been the subject of prior Applications under: (a) No. 3675 rendered November 18, 1987; (b) No. 3674 rendered November:IS, 1987, (c) No. 3608 rendered April 2, 1987 and (c) No. 3634 rendered June 30, 1987; {c) is improved with a principal one-story building used for car sales and repairs, and two existing accessoiy buildings, all as shown on the site plan prepared June 15, 1987 Page £ - Appl. No. ~ Matter of RICHARD MULLEN, JR. Decision Rendered September 26, 1991 by Antonucci & Lawless of Yonkers, New York. 2. T~is application is concerning two concrete pads of a size 7 ft. wide%{~ 20 ft. deep l~eated in the northerly front ~ard area northerly of the existiDg principal building with new showroom addition. The concrete'pads are at ground level and no~ highert~n the level of the existing curbing along State ~oute 25 ZBA"s'photcgraphs submitted for ore not defi~ed as purposes 3. Ail other structures/uses, and amenities are as surveye~d and depicted on. the AugUst !3, 1991 map p~epared for Mullen Motors, Inc. by Peconic Surveyors, L.S~ (ID ~91=224). 4. For the record, it is also noted: (a) thmt the front yard area under consideration has prior to the construction of the showroom addition been utilized as an open parking area for the traveling public; (b) that although the maps submitted under the previous applications did not depict the front (northerly) p~r~ing area, the Board Members know from personal knowledge that this area has been utilized for more than 25 years; (c) that the intent of Condition No. 2 of this Board's decision rendered November~i~, 1987 is to prohibit egress and ingress to this area for the traveling public (customers and employees included), and to allow an open and unobstructed view for traffic traveling north on Cottage Place and turning onto the Main (State Route 25) Road; (d) that the allowance of two concrete pads and sales display for two vehicles wilt not be adverse or create a dangerous or adverse condition, and will nou interfere with the movement of traffic; (e) 'that the aesthetics of the front yard area will not be changed since its use will be limited to landscaped, nontraffic areas and display for two vehicles only, rather than an accessible parking area as previously existed. 5. In considering this applibation, the Board also finds: (a) t~t the relief, as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, Page 3 - Appl. No.-4~-47. Matter of RICHARD MULLEN, JR. Deci'sion Rendered September 26, 1991 comfort, convenience or order of the town, or be adverse to neighboring properties; (c) ~at the relief :herein will not create a substantial inc'rease in business use or use density, or cause a substantial ~ffect on available governmental facilities; (d) that the amount of relief ~rom the requirements is limited to 'an outside display area of approximately 280 sq. ft. (two 7~ x 20' concrete pads.), which is minimal under the circumstances; (e) in considering all of the above factors, the interests o~ justice will be served by granting ~nimal relief, conditionally and as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for two 7 ft. by 20 ft. concrete (vehicle sales display) pads, SUBJECT TO THE FOLLOWING CONDI- TIONS: ~ 1. That the concrete pads are limited to a number of two',i o~ for each vehicle to be displayed for sale, and each pad to not exceed a size of 7 ft. x 20 ft., as applied; 2. That each particular outside display pad shall be authorized for one unregistered vehicle, for a total of two. VOTE OFT HE BOARD: Ayes: Grigonis, Uinizio, and Villa. lk Messrs. Goehringer, Doyen, This resolution was duly adopte~. //~'~ GERARD p. GOEHRINGER, CH~ ./ Southold, N.Y. 11971 (516) 765-1938 February 25, 1987 Mr. J. Kevin McLaughlin Attorney at Law P.O. Box 803 Greenport, NY 11944 Re: Mullen Motors Site Plan Dear Mr. McLaughlin: Please let this confirm the following comments of the Planning Board from the February 23 meeting, with regard to the above mentioned site plan. It was the consensus of the Board to request that the parking area be delineated for employee parking only and marked with appropriate signs. It was also requested that plantings, for screening, be placed along the residential lot, lot no. 31. If you have any questions, please don't hesitate to contact our office. c/: Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Mailing List of Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 5, 1987 Copies by mail to the following 2/24/87: Mr. James E. Cross, Box 730, Cutchogue, NY 11935 Mr. and Mrs. Thomas J. Zimmerman, 39 Eric La, New Hyde Park, NY ll040 Mr. Kenneth Montgomery, Bay Avenue, Mattituck, NY 11952 (Re: Zimmerman) Mrs. Carol A. Bartholomew, 7015 Wickham Ave, Mattituck, NY 11952 Mr. and Mrs. Philip Bellomo, 25 Joyce Road, Plainview 11803 Mrs. Phyllis Birkby, Arch., 155 West 19th St, NY, NY lOOll Mr. Dan Smith, Box 572, Southold, NY 11971 J. Kevin McLaughlin, Esq., Box 803, Greenport, NY 11944 (Re: R. Mullen) Mr. David E. Kapell, 400 Front St, Greenport, NY (Re: Limpet Corp.) Mrs. Bente Snellenburg, Private Road, Southold 11971 PhilipkJ. Cardinale, Esq., Drawer W, Jamesport, NY i1947 (Re: Snellenburg) Mr. and Mrs. Donald E. Dean, 9 Yorke Rd, Mountain Lakes, NJ 07047 ("") Mr. and Mrs. Socrates Spirakis, 139 Stratford Avenue, Garden City 11530 ("") Mr. W.S. Ballenger, 1801 Woodbourn Dr, Flint, Michigan 48500 ("") Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Re: Kerester) Rensselaer G. Terry, Esq., Main Road, Southold 11971 ("") Posted on Town Clerk Bulletin Board Copies to ZBA Members 2/24/87 Copies to ZBA Individual Files 2/24/87 Hand Delivery to Newspaper Offices 2/23/87 § 100-112 SOUTHOLD CODE § 100-112 lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within two hundred (200) feet walking distance of such lot. In ail cases, such parking spaces shail conform to all the regulations of the district in which parking spaces are located, and in no event shail such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere. Lots divided by district boundaries. When a parking lot is located partly in one (1) disl~ict and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shail be located in any residence district unless the use to which they are accessory is permitted in such district or upon approvai of the Board of Appeals. Parking regulations in multiple-dwelling or attached- dwelling developments. (1) Wherever space is provided for the parking of five (5) or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. (2} No parking space shall be located in any front yard nor within ten (10) feet of any lot line in side or rear yards. (3) The parking of motor vehicles is prohibited within fifteen (15) feet of any wall or portion thereof of a two- or-more-family dwelling, which wail contains windows (other than bathroom or kitchen windows) with a sill height of less than eight (8) feet above the level of the said parking space. 10046 828 FRONT STREET. P. O. BOX 803 GREENPORT, NY 11944 1519~ 477-1016 March 5, 1987 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Richard F. Mullen, Jr. Appeal No. 3608 Dear Members of the Board: I represent Richard F. Mullen, Jr. reg~rding his application, pursuant to Southold Town Zoning Code §100-112 (H) and (I), for Board of Appeals approval to construct a paved parking area on property bearing tax map no. 1000-061-03-19. This property is owned by Mr. Mullen and is located on Cottage Place directly behind the showroom and garage facility of Mullen Motors. Mr. Mullen intends to use this parking lot as an accessory use to Mullen Motors for employee parking. Application for site plan approval has been made to the Planning Board. By letter dated February 25, 1987, the Planning Board commented on the proposed site plan and requested that the parking area be delineated for employee parking only, marked with appropriate signs and that plantings for screening Be placed along the adjoining residential lot, lot no. 31. The criteria for approvals by the Board of Appeals is set forth in Southold Town Zoning Code §100-121(C). It is the app3icants strong belief that based upon the above-stated criteria, the Board should approve his application. The subject parcel measures approximately 105' x 165' The dividing line between the B-1 district and the A district cu~. through the subject p~operty at an angle, as shown on the site plan. Approximately one-sixth of the parcel is presently located within the B-1 district. The parcel is bounded to the north by Mullen Motors, to the east by parking areas owned by Albert Albertson, to the south by a residential lot, and to the west by Cottage Place. The subject parcel is unique in that it is partially within two districts and is in an area of predominately business uses. The property is to be used for parking by employees of Mullen Motors. Currently, Mullen Motors employs twenty-two people. All of these employees drive to work and presently park their automobiles along side streets near the dealership. The parking along these side streets creates traffic congestion, restricted sight lines and access problems for neighbors. The off-street parking area will alleviate this situation and create a safer traffic situation in this area. Additionally, the parking area will act as a buffer between the B-1 and A districts. The parking area will be used almost exclusive during the normal working day and will be screened by plantings along its border with the adjoining residential lot. As a practical matter, there are no other parcels in. the immediate area which could be utilized for this purpose. There are no lots entirely within the B-1 district that are close enough in proximity to provide a viable parking area for employees of Mullen Motors. Without Board approval for this parking area, the applicant will not be able to obtain a reasonable return from the subject property. On the basis of the foregoing, it is respectfully submitted that the proposed parking area fully satisfies the criteria set forth in Southold Town Zoning Code §100-121(C). fact, the proposed parking area will be a benefit to the area in general and the Town of Southold as a whole. Very trul~your~s, / /~ JKM/sk I . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 April 23, 1987 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appeal No. 3608 - Richard F. Mullen, Jr. Dear Mr. McLaughlin: Transmitted herewith for your perusal and records is a copy of the recent response from the Suffolk County Department of Planning after our referral in accordance with the Suffolk County Charter. Yours very truly, Enclosure Linda F. Kowalski Secretary DEPARTMENTOFPLANNING COUNTY OF SUFFOLK Hichael A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5206 ' LEE E. KOPPELMAN Town of Southold Zoning Board of Appeals April 20, 1987 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission 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} Municipal File Number(s) Richard F. Mullen, Jr. Aha G. Stillo 3608 3619 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RrlAD- STATE RDAD 25 SDUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article xI , Section 100-11£-(~) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3608 Applicant: Mr. Richard F. Mullen, Jr. Location of Affected Land: E/s of Cottage Place, Southold, County Tax Map Item No.: 1000- 62-3-19 Within 500 feet of: Town or Village Boundary Line NY 11971 Body of Water (Bay, Sound or Estuary) XX__ State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Other Recreation Area Proposed County, State or Federal Park or 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 utilize subject premises for a paved parking area for the employees of Mullen Motors, an established business abuttinq this parcel alonq the north side. Copies of Town file and related documen[s enclosed for your r~vi~,w. Dated: April 13, 1987 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI April lO, 1987 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appeal No. 3608 Richard F. Mullen, Jr. Dear Mr. McLaughlin: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By.Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119"71 TELEPHONE (516) 765-1809 February ll, 1987 J. Kevin McLaughlin, Esq. P.O. Box 803 Greenport, NY 11944 Re: Appeal No. 3608~ - Richard F. Mullen, Jr. (Variance) Dear Mr. McLaughlin: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is ~equested in the interim that you proceed with the tX ] Planning Board (scheduled for review February 23Pd) in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear- ing date. lO:O0* If the above document(s) are submitted by February 24th (a.m.) it is expected that the public hearing would be held about the early part of March. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, cc: Planning Board Building Department *our advertising deadline GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 0 0 PLAN OF PROPERTY LOT LOT 2T KE' DR,a I N: J3 K h 0 GRASS 3800 ,~ 2392/ EL EVA T. ASSUM =- T OWNER RICH. C/O Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKi TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. ~ Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fre'e to call our office, 765-1809. Yours_ very tr~ul~.,~ ~ GERARD P. GOEHR~NGER ~ CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure NOTICE IS HEREBY GIV- EN, pursBant to Section 267 of thc Town Law ~ the Code of the Town Of S0uthoJd, the foUowins pubUc h~uln~ wi~ be held by thc ~ WN ' at the Soutbold Town Hall, Main Road, Scuthold, NY at a Regular Meeting, THURSDAY MARCH St 1987T at the follow- lng times: ?:35 p.m. Appeal No. 3590- THOMAS AND CATHERINE ~ (Recessed from 2/5/8?). Addition to noncon- forming dwelling structure ceedng .$0*fs of fair value 265 Rocbelle Place, Mattituck, NY; 1000-144-04-9 & 8. ?:40 p.m. ApPeal Ho. 3603- Article Ill, Section 100-31, Bulk Schedule, for approval of insufficient lot area (?8,408 gq. ft.) of parcel proposed to be set-off in this pending division of land. Loca- tion of Property: No~th Side of Main Road, Cu_t_ct~ngue, NY; County lkx Map District 1000, Section 109, Block 1, Lot 8.5 ?:45 p,m, Appeal No. 3610-CAROL A. BAR- THO~ t[on to the Zoning Ordinance ibr permission to establish "Bed · and Breakfast" use, inciden~L and subordinate to the propos- ed single- family dwelling usc, in accordance with thc quirements of Article Ill, Sec* tion 100-30(B)[16]. Location of Property: 7015 Wickham Avenue, Mattitock, NY; Coun- ty ~ Map District 10O0, Sec- tion 10?, Block 5, Lot 4, ?:50 p.m. Appeal No. 3612- PHILIP -~ND ELLEN BELLOMO. Variance to the '~-'~'~nance, Article XI, Section 100-119.2 for permission to construct addition at rear of dwelli~ with an insufficient set- back from wetlands along Great Pond at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1O00, Section 59, Block 6, Lot t 8:00 p.m. Appeal No. 3511. AND LIMPET CQRP. Varinnce~ to the Zoning dinance, Article' Ill, Section 100-31, Bulk Schedule for ap- proval of insufficlent~ '(l) lot area, (2) lot width, (3) lot dcpth of two parcels in this pending division of land. Location of Property: Linett and Brown. Streets, Grcenport; Greenport: Driving Park Map, ~Lots 16 and 65; County"'Ikx Map District 1000, Section 48, Block 3, Lot 25.1. JL~OUNTY OF SUFFOLK STATE OF NEW YORK ~ 8:05 p.m. Appeal. No. ~0~- · RICHARD ~.::MULLEN~ Patricia Wood, being duly sworn, says that she! Variance to the. Zoning Or- : dinance, Article Xl, Section Editor, of THE LONG ISLAND TRAVELER-WATC[ 100-112(!) for permission to a public newspaper printed at Southold, in Suffolk ~ utilize subject premises for a. paved parking area for thc and that the notice of which the annexed is a printec employees of Mullen MotOrS, an has been published in said Long Island Traveler-WaS established business abutting once each week for / this parcel along the north side. ~ ~ : Zone Districts: Partly "A" successively, commencing on the ~ Residential andAgricultund and "B-I" General Business. Loca- ...c.... tion of Property: East Side of d ~. ..... , 19 ..ff~?. Cottage Place, $outhold, NY; County Lax Map District 1000, · ~' ~' BENTEi SNELLENBURG/ Variances to the Zoning Or- Sworn to before me this '~ ~' ........ ..... dinance,~nicles:(l) XI, Section 100-119.1(B) for approval of tight-foot height of fencing along the easterly property line a length of ?2± feet; (2) XII, Section 100-141, Appealing the November 6, 1986 Order to RemedyViolation w~hich man- dates a buildm~ permit for new fencing along the easterly pro- ? ' '~Z perry lin~ Locadon of Proper- ~c..~~-~-~ ~,'~.~~'~.~'c/-~ ~-~-' ty: Private r~.,ht-of-way exten- ........................................... ding off the east side of Notary Public South Harbor Road known as BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~'~'.',7.3/ 19 J Private Road No. 10, or Old Woods Path, Southold, NY; County ~ Map Parcel No. 1000-87-2-21. 8:20 p.m. Appeal No. 3611- RAYMOND AND ELEANOR KERESTER-Variance to the ~rdinance, Article !11, Section 100-31, Bulk Schedule I for approval Of insufficient lot I width of t hr~ i~n:~l~, ~ch ~on: udning 4.6± acres, in this Pen- ding minor subdivision. Loca. tion of Property: West side of Paradise Point Road and north side of North' Bayview Road, Scuthold, NY; County 'lhx Map ~ Parcel No. 1000-81-I-25.. The Board of Appeals will · hear at said time and place all persons or rcpresentati~s desir- ing to be heltrd in each of the above matters. Each hearing will not start before the time allot- i ted. Written comments may be submitted prior to the conclu, sion of the subject hearing. For more information, please call 765-1809. Dated: February 23, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-2/26/87(6) Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- lng public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAL~ at the Southold Town Dali, Main Road, Southold, NY at a Regular Meet- ing, THURSDAY, MARCH 5, 1987 t~t the following times: 7:35 p.m. Appeal No. 3590 - TItOMAS AND CATHERINE ZIMMERMAN IRecessed from 2 5,~7~. Addition to nonconform- ing dwelling structure exceeding 50'; of fa0' value. 265 Rochelle Place, MaHituck, NY; 1000-144- this pending division of land. Lo- Valises to the Zoning Ordi- hard'Article RI, Section 100- 31, Bulk Schedule for approval of insufficient ~ ltl tot area, (2) lot width, 13~ lot depth of two par- cels in this pending division of land. Location of Property: Linett and Brown Streets, Greenport; Greenport Driving Park Map, Lots 16 and 65; County Tax Map District 1000, Section 48, Block 3, Lot 25.1. 8:05 p.m. Appeal No. 3608 - RICHARD F. MULLEN, JR. Variance to tht, Zoning Ordi- nance, Article Xl, Section 100- 112ti) fin' permission to utilize subject premises for a paved parking area for the employees of Mullah Motors, an established business abutting this pm'cci along the north side. Zone Dis- Iricts: Partly "A" Residential and Agricultural and "B-I" Gen- RAYMOND AND ELEANOR KERESTER. Variance to the will,not start.beforetime al- lotted. Written con~nts may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809 } Dated: February 23, 1987, } SS: BY ORDER OF THE SOUTHOLD TOWN BOARD OF Al'PEALS GERARD P. GOEHRINGER, CHAIRMAN of Greenport, in l,inda Kowalski, Board~,cretflry ~ sworn, says that he/she is 1TF26-5513 SUFFOLK TIMES, a Weekly ,.o..o~....... ........ at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for_~(~ weeks successively, commencing on the dayof Feb 19 ~7 / cipal Cler Sworn to before/me this A~ - day 19~/ MARY K. Suffolk County No. 484986(~.~, Term Expires Februar~:~9 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT 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 intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ~ ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 265 Cottage Place, Southold, New York, Map No. 399 Lot Nos. 32633 Tax Map No. 1000-062-03-10 3. Tha! the property which is the subject of such Petition is located in the following zoning district: partially within a B-1 district and partially within a residential district 4. Thatbysuch Petition, the undersignedwillrequestthefollowingrelief: A variance to allow applicant to use the property as an accessory parkinK area for employees of Mullen Motors. 5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article XI Sectic~ 100-ll2(I) [ ] Section 280-A, New York Town Law for approval of access over rJght(s)-of-wa3. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 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: Janaury 15, 1987 etitio, ,~r~, hard ~. 0wne Names: Ric ]ll__~en~ Jr. (Tel. 516-477-1016 ) NAME John E. Walters PROOF OF MAILING OF NOTICF ATTACH CERTIFIED HAIL RECEIPTS Southold, New York 11971 Albert W. Albertson and another Hortons Lane Southold, New York P 262 409 720 RECEIPT FOR CERTIFIED MAIL P 262 409 721 RECEIPT FOR CERIIFIEO M,A~L - bert w. Alberson Hortons Lane Southoid, NY 11971 .22 .75 ........ ~OONTYOFSUFFOLK) SS.: J. Kevin McLaughlin , residing at Greenport, New York , being duly sworn, deposes and says that on the 20th day of January ,19 87 , 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 $outhold; that said Notices were mailed at the United States Post Of- rice at Greenport, New York (certified) (registered) mail. Sworn to before me this 20th day of January ,19 87 Notary Public ; that said Notices were ma~d to each of sai~l.~ersons by LAURIE E. GRAEB No. 4821818, Suflo nty _ (This side does not have to be completed on form transmitted to adjoining property owners.) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARO MEMBERS 1987 March 5, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3608 PROJECT NAME: RICHARD F. MULLEN, JR. 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 environmer~t 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: [ ] Type II ~ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to utliize lot for paved parking area for employees of Mullen Motors LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly knQwn as: Cottage Place, Sou.thold, NY 1000-62-3-19 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 property in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }{all, 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. Z.B.A. PUBLIC HEARING REGULAR MEETING MARCH 5, 1987 MATTER OF R. MULLEN, JR. APPL. NO. 3608 Matter of Appeal No. 3608 - RICHARD F. MULLEN, JR. Variance to utilize lot for paved parking area for employees of Mullen Motors. Zone Districts: Partly "A" and "B-l." East Side of Cottage Place, Southold. The Chairman opened the hearing at 8:10 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey'~ated September 19, 1986, Map of Property of Jennie A. Cochran, and I have a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties in the area. Is there somebody that would like to be heard? Mr. McLaughlin. J. KEVIN McLAUGHLIN, ESQ. Thank you. Members of the Board, my name is Kevin McLaughlin. I am here this evening to represent Mr. Mullen in his application pursuant to Southold Town Zoning Code Section 100-112, Subdivisions H and I. I would like to hand up at this time as part of my presentation a letter I prepared for the Board. Letter dated March 5, 1987 submitted for the record.) CHAIRMAN: Thank you. MR. McLAUGHLIN: This property, which is owned by Mr. Mullen is divided, the front portion of which at an angle appears on the site plan, which I believe is part of the file here with this application, the front portion being in the B-1 District and actually most of the property is in the A District. This has been designated as a variance application but I believe what we really have here is an application to the Board for its approval of a parking facility adjacent to Mullen Motors. I think it's important to understand that distinction because what we are talking about here is different criteria for the approval of than there would be for a variance, and the criteria for approval I think is set forth in the Zoning Code in Section 100-125 Subdivision C. Basically, in order to have an approval by the Board, the Board needs to determine that the use will not prevent the orderly and reasonable use of adjacent properties or properties in adjacent-use districts, that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district where the proposed use is to be Page 3 - Appeal No. 3511 KAPELL REAL Public Hearing March 5, 1987 Southold Town Z.B.A. Regular Meeting ESTATE MR. continued: sewer on Li Street the lot on Brown Street, an easement has already ecorded in the County Clerk's ce as requested by the Health De ~ment, as part of our approv process. Do you have any questions at I could answer? CHAIRMAN: No, thank very much. Is anybody else that would like to speak in ~or of this app ion? Anybody against this application? Que from boar( ? The only thing that comes to mind--I'm so to ask to get up again, is that it appears that you are , assuming the Board does grant this application, ings, both of which appear to adhere to the present sideya~ rearyard, frontyard restrictions for a lot of this size~ Do yo any objection that if the Board did entertain an appli a restriction be placed on that there be no furthers: or variances for construc- tion of either house on e~t~her parcel?~ MR. KAPELL: I have no~bjection whatsoeve~ CHAIRMAN: I thank y~ very much. I'll makeR motion closing the hearing and reser~dg decision. _. ~ On motion by/Mr~Goehringer, seconded by Mr. Gri~o~is, it was RESOLVED, to~onclude (close) the hearing and reserve decision until late~in the Matter of Appeal No. 3511 - KAPELL REAL ESTATE/LIMpET. Vote off'he Board: Ayes: Messrs Goehringer, Grigonis, Doyen and Dg~glass. (Member Sawicki wa~ absent.) This resolution was duly adopted. -'~DINDA F. KOWALSKI, BOARD SECRETARY SOUTHOLD TOWN BOARD OF APPEALS '~age 2 - Appeal No. 5 Public Hearing held March 5, 1987 Southold Town Board of Appeals MR. McLAUGHLIN, continued: located, or permitted or legally established uses in adjacent use districts, the safety, health, welfare, comfort, convenience, or order of the Town will not be adversely affected by the proposed use and its location, and that the use will be in harmony with and promote the general purposes and intent of this chapter. And that section goes on and lists 12 factors which the Board shall consider in arriving at whether that determination can be made. We have an application pending before the Planning Board for site approval on this property. We have had a meeting with the .Planning Bo. ard, and I believe in the file there is the recommendations of the Planning Board which basically consists of the posting of signs on the property indicating this is employee-parking onl~ for Mullen Motors, and some addition on the site plan of screening along the southerly portions of the parcel where it abuts on a neigh- boring residential lot. The subject parcel measures approximately 105' by 165' and as I said before, the dividing line between the two districts runs through this lot, approximately one-sixth of the lot is within the B-1 District and the remainder of the property is in the A District. The parcel is bounded on the north by Mullen Motors, on the south by a residential lot, west by Cottage Place, and to the east by parking areas I believe owned by Mr. Albertson. We believe that the subject parcel is unique and that it is in an area of primarily business uses and also especially because of the dividing line between the two zoning districts runs through the property. The property is to be used solely for employee parking for Mullen Motors employees. There are 22 employees at Mullen Motors. Basically all of which drive their cars and are presently parking on the side streets adjacent to Mullen Motors. We feel that this is creating traffic congestion, sight-line problems, and problems of the neighbors in getting access to their properties. We feel if the Board grants us this approval on their property, it will eliminate most of those problems by bringing these cars that are parking all over the side streets onto a paved parking area--it's going to be paved. There is drainage on the parking area that will alleviate most of those problems. Additionally, we feel that this will act as a buffer between the existing Mullen Motors Showroom and garage, and the adjacent residential area. This lot will be used almost exclusively during the normal business hours in which Mullen Motors is open, so there Page 3 - Appeal No. Public Hearing Held Southold Town Board 3608 March 5, 1987 of Appeals MR. McLAUGHLIN, continued: will be very little parking there at night, if any, and we feel that there will be little if any intrusion on any of the nearby residences. Also, with the addition of the screening along the southerly portion of this parcel, any effects that may be present will be minimized. As a practical matter, there are no other parcels in the immediate area of Mullen Motors that are within the B-1 District in which we could use for employee parking for Mullen Mot.ors. And in a minute I'll have Mr. Winters expand a little bit more on that detail. .-~ We feel also that, while it's our feeling that we are not held to the standards of a variance here that without this approval from the Board, Mr. Mullen could not obtain a reason- able return on this property. On the basis of the foregoing and on the basis of Mr. Winters' proof that you'll hear in just a couple of minutes, we would respectfully request that this Board grant us the approval and in light of the criteria that I've set forth in 100-121 Subdivision C, it's our feeling that this will in no way cause any problems with the adjoining owners and will in fact improve the situation of all these cars parking on adjacent streets, and will be a benefit to the area in general, and to the Town of Southold as a whole. Thank you. RICHARD WINTERS: Good evening, Ladies and Gentlemen. My name is Richard Winters. I've been asked basically to address two areas. The first is confirmation which has already been stated, and that is there simply wasn't any other area similarly zoned B-1 that Mr. Mullen could have purchased to use for employee parking. Within a reasonable distance of the business property, that I'm aware of. Secondly and probably more important is the use of the subject property if it's held in strict compliance with residential or A-Residential Zoning. The economic hardship on Mr. Mullen would be severe-in my opinion-that property if held for residential development the probably would be in and around $35,000 or $40,000. Half to one-acre building plots in a more desirable residential area, that is, areas that are away from a commercial use, such as a garage or business property over on the opposite corner. Properties away from the influence of the Main Road which is nearby with the traffic congestion, the noise, are selling today about $70,000 or $75,000 on average. So I think it's fair to Page 4 - Appeal No. 3608 Public Hearing Held March 5, 1987 Matter of RICHARD MULLEN, JR. Z.B.A. MR. WINTERS, continued: state that the subject property if it were to be offered for residential use only would be priced in and around $35,000 or $40,000 in my opinion. Based upon the price that's paid by Mr. Mullen that is substantially higher than that figure, the economic hardship certainly exists. It was purchased by him purely for the use which is before you tonight, and not for any other use. So with that, I think I've covered the area I've been asked to do. If you have any questions, I'd be happy to answer them. CHAIRMAN: This is rare, but I don't have any. Thank you, MR. WINTERS: Thank you.~ Sir. CHAIRMAN: Should we address you or Mr. Winters if there are any questions? MR. McLAUGHLIN: I will, if I can. CHAIRMAN: What is the present thought of the Planning Board concerning this application? Have you had a meeting with them? MR. McLAUGHLIN: Yes, we met with them last week, and I believe all they were asked to do was comment, and their comments were restricted to --restricting it solely to the employees of Mullen Motors, placing signs to that effect on the property and planting the screening along the southerly portion of the parcel where it abuts the residential property. I believe my understanding from the Board was if we complied with those provisions, and any of the provisions from this Board you might ask us to make, that site plan approval would be granted. CHAIRMAN: I thank you. Let's see what develops then. Is there anyone else to speak in favor of the application? Anybody like to speak against the application? (None) VICTOR LESSARD (Building Department): Mr. Chairman, if I may. This is the first time I've seen the site plan. But in order not to put this thing back in limbo, I was wondering if it's possible for this Board to address the fencing. It's going to interfere with certification, and I think it should be cleared out and not hinder this problem. Page 5 - Appeal No. 3608 MULLEN .Public Hear. jng Held March .6~]1987 Southold Town Board of Appeals CHAIRMAN: Well, what would you like the Board to do? MR. LESSARD (Building Dept.): It is a vacant lot, and it is a six-foot fence and it is going to require a variance, and rather than go through another two months, whatever, under the guise of proper screening, or whatever, I would ask the Board to please address this, and if it needs a variance and the Board sees it that way, fine. . CHAIRMAN: Can I ask you, Victor, how far to the east or how deep would the fence be required to be four feet? MR. LESSARD: All of it. It's a vacant lot. CHAIRMAN: Being a vacant lot, it has to be six feet all around? MR. LESSARD: Yes. It is supposed to be four feet. He indicates here he would like to have six, and I can understand that, so I'm asking the Board to please address it if possible. CHAIRMAN: Is there anything you would like to say about that, Mr. McLaughlin? Or Mr. Mullen? MR. MULLEN: I would rather have a six foot fence for security. CHAIRMAN: It wasn't advertised for the fence and we may have to re-advertise-- MR. LESSARD: It could be addressed under screening if the Board so desires. I think that we could stay that way--You've got residential all around, and there is a clause in there--you might stretch the 50' part, but I think it could be addressed. CHAIRMAN: Well, we'll see what we could do in that area. No question about it. You're not planning to put gates on this at all are you for the weekend, for~the part adjacent to contiguous to the road? Yes. All right. We'll see what we can do in that respect. We can get CQunsel's opinion if the application has to be readdressed concerning the fencing area or if we can go as Mr. Lessard has mentioned. Go ahead-- MEMBER GRIGONIS: As part of the site plan. MR. LESSARD: Yes, but that variance has to come out of this Board. Before the hearing is closed, if it's possible, I would like it addressed, otherwise it's just going to delay the process. Z.B.A. PUBLIC HEARING REGULAR MEETING - MARCH 5, 1987 MATTER OF APPEAL NO. 3592 - BENTE SNELLENBURG M~Appeal No. 3592 - BENTE SNELLENBURG. : (1) for approva-'&~of 8' height of~i~~s property line a length of 7~2~ feet; and (2) Appealing t~ × 1/6/86 Order to Remedy Violation w't~jch mandates building per~ for new fencing. ROW of! E/_.s .South Harbo~oad, Southold. /, The Chairman opened th~ hearing at 8:2 p.m. and read the legal notice of hearing and leal applic for the record. CHAIRMAN GOEHRINGER: I for a postponement 'this evening from Philip J. Esq. in behalf of Mr. and Mrs. Donald Dean, adjoining erty owners, necessitated by recent hospitalization and ma~ urgery of Mr. Dean. Is there anyone presently to speak ~lf or against at this time? (No one.) I make a ng this matter until our April 30, 1987 Regular M rig. On motion by Chairmal ringer, ~ed by Member Grigonis, it was RESOLVED, to re( Application of BENT Meeting, as agree~ the Matter of Appeal 3592 in the ELLENBURG until our Apri 30, 1987 Vote of t Board: Ayes: Messrs. Goehringer,~,Grigonis, Doyen, Dougl and Sawicki. This resolution was duly adopted. Respectfully submitted, Southold Town Board of Appeals Page 6 - Appeal No. 3608 MULLEN Public Hearing March 5, 1987 Southold Town Board of Appeals CHAIRMAN: No, I do understand that. MR. MULLEN: With the screening around it, you won't even see the fence. CHAIRMAN: You could slat the fence, one way or another. We've asked for that before. Because what happens with the evergreens is, if they don't get watered sometimes, they die and it ends up to be more expansive than with the slatting to be honest with you. CHAIRMAN: It's not addressed in the Notice of Disapproval. CHAIRMAN: There was one other thing I wanted to ask. What about the lighting situation? Will there be any overhead lighting? MR. McLAUGHLIN: The site plan does call for overhead lighting. As I indicated to the Planning Board, the lighting is going to be directed inwards so there will be no illumination outside of the boundaries of the parking lot. CHAIRMAN: Ok. Let's see what develops concerning that. Is there anyone else that would like to speak concerning this application? Just for the record, we are going to take a long hard look at this one and do the best we can from a personal viewpoint. It is something that's very deeply needed--there's no question about it. We'll do the best we can. As I said, we may have to readdress the issue of the fence, but we'll see what happens. We'll talk to counsel concerning that, and thank you very much for coming in. MR. McLAUGHLIN: Thank you. On motion by Mr. Goehringer~ seconded by Mr. Douglass, it was RESOLVED, to conclude (close) the hearing reserving decision until later. Vote of the Board: and Doyen. (Member duly adopted. Ayes: Messrs. Goehringer, Douglass, Grigonis Sawicki was absent.) This resolution was ~[INDA F. KOWALSKI, BOARD SECRETARY SOUTHOLD TOWN BOARD OF APPEALS JUDITtt T TERRY TOWN CLERK REGISTRAR OF VITAL ST&TIST[C$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 20, 1987 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3608 application of Richard F. Mullerl, Jr. for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; survey; plan; and other accompanying papers pertaining to the application. Judith T. Terry Southold Town Clerk .'~?..*~.,~ ..... ' made by thi~oard before any action l~aken. '.'..:-, ~ ., ) ., ... , . · ., :.~.~,~; .' ' ' ~ ,' .' . ' ' ~)tO~T ~)IVI~O~.~EUTA~ A~?~R'T r~p.~ "."."JYS~:.~ '~,,;:,,.;~,. .. ,,.,.:.: ,... ,~ , ~. :... -.: . . ... ....~ ..:,~t,',.~,t ...,..~,..... .... ~. . . . . .. , .... . ..... . ,., ~,. "W''~ .... I~". ' ' ~ d~ ,. . ,~ that ": ....& .'~' --" (b "" ' ' ' ' ' "' ' ' ' '~ ~' c"~." :., ... ) Z~ any question ha~ been an~ored Yes tho project ~7 be ~l~n~c~nt~E~ ~a":' .'.~.'~ i.:.tC()~.-':.,. ~....'. t. , . ~' . ...... : '.., -:' ',, .... x - , . ..;. , ,-..'. '.. ;.,, ~,.:1~.-,.-.:. '.~.. :...... ,.,. · &, 12. 17. 1L. 15. Is there p,bll the proje:=" Yes S ....~, L2: Tl~:: Attorney 91111~ DAT~: January Will project :stgnlficontl¥ effect drainage flc-a ...... ' Will project affect any t~eateneo or endangered * plant or anL~.~Z ~pecles? . · * * * * * * · Yes X W~i project reset In a ~eJor ndvor~o effect on W~I proJec% have a ~Jor effec% on visual c~m~ ,.,~ ~;;.';~'~' kno~ to bo ~portan: %o tho co:taunt:y? * * * Ye~ X Will project adver=oly ~pact any ~lto or )tPJc~ ~' -~,'~.. ute of hlacorlc, pro-hlocorlc, or pal6oncolog~cul environment1 area by a local agency? * * * Yea X No' ~'";'";'. W~I project have a ramjet effect cn oxis:~ or ' future recreational opporcunltlo~ , * , _ · Ye~ ~'"' W~ll pro~ect result ln'ma~or traffic problem~ or : ::,,-'~' Will project reg~arl7 cause obJectionabla odor:,, "; nglao, glare~ vlbra:Aon, or electrical dl:tur~ . :}... ante am a res~: of the project's operation? . Yam ...X [~o Will project h.lve any impact on pub].lc health or Will project Affect the exl~t~ng co~zuntt7 b~ dlrec~17 c4usln~ a growth 1n ~crm~nent pop,da- %Cch of moro than ~ Purccnt over a onc~yo~r .. period c~ have a ma ~or Ire elf( on tr.e ' January /~, 1987' To: Southo!d Town Board of Appeals '". Main Road Sou~hold, }fY 11971 Ro: Appeal Application of Richard' F. Mulleni Jr. Location of Property: _ 265 Cottaqe Place~.Southold, New York Dear Sirs: In reference to the New York State Tidal Wetlands f~and-un Regulations, 6 NYCRR, Part 661, and Article 25 of the He:.; York State. Environmental Conservation La%.;, please be ad';ised that t2 subject property i,n the within appeal application: (pl~.ase check c~ne box} [ ] Mdy be locatad .within 300 feet of tidal wetlands boY, ever, constructed along the water-lyinq edce of this prope~'ty is a bulkhaad in very geed -' condi.~icn and at lu_=~ 100 fee~ in ~len~tk. ~ ] ~lay b'e ·located %¢i::hin 300 feet of tidal wet!ands~ ho:.;ever, constructed along the %ja~Cr-lyin? edge of thi~ property is a butkhea{. ~-n need of (major) repairs, and ao~roximate~v ______ length. -- -- fee~ in [ ! -fxl May be located within 300 feet of tidal wet!an~s; however, constr%~cted al'OhS the %.;ater-lying edge of this Property is a bulkhead less than 100 feet in length. May be located ~.;ithin 300 feet of ' " · t~da! wetlands; and there ~s no bulkhead or ce,~-~.,. _ 'on the premises. .% ..... wa!~ e:~is~in Is not located %~ithia 300 feet of tidal Wetlands to the best of my kno%.~ledcje.* [:]tarred items (*) ndlcate your property does i · not appear to fall within the jurisdiction of the N.y.s. D.E.C. Slncerel~ yours, ' . -, . ..... u-u loc a Public hearing. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 January 9, ]987 TO: FROM: SUBJECT: Bennett Orlowski Planning Board i/. Victor Lessard~ Exec. Admin. ~' Parking lot--Mullens Reviewing the code book, I find that the closest reference to this situation is ]00-I]2 (I). Because this piece is 95% or more residential zoned and it's inten- ded use is to the business, a use variance will be required from the Zoning Board of Appeals. VGL:hdv WCB2 District 1000 Section 062.00 Block 03.00 Lot 019.000 THI~ INDENTUR~ made the ~ dayof BETW~-~N October IISX0 , ninet~n hundr~l andeighty-six DANIEL C. FINNE and DORLA M. FINNE, his wife, both residing at (No 9) Cottage Place, SOuthold, New York O~¥. partyofthefirst part, and RICHARD F. MULLEN, JR., residing at (No Mill Creek Drive, Southold, New York #) West parlor the secondpart, WITNE~IgTH, that tM par~ of the fi~t PaR in consideration of Ten Dolhrs and other v~uable consi&r~ion paid by t~ pi~y ~ the se~nd part, d~s hereby gram and release unto t~ ~y of ~e se~nd paR, the hfirs or succ~m~ and assigns of the party of the ~cond part ~rever, ALL that certain plot, pi~e or p~c~ of laa~ ~ ~e buil~ngs and improvemen~ ~ereon erectS, sit.re. lying~ad~ingiglt~ at Southold, ~n the Town of Southold, County of Suffolk, and State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Cochran, as surveyed by J. Wickham Case, October 1867, filed in the Suffolk County Clerk's Office on October 6, 1870, as Map No. 399, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said northerly line of Lot 33 is shown on a certain survey by Otto W. Van Tuyl and Son, Licensed Land Surveyors, Greenport, N.Y., dated October 17, 1963; RUNNING THENCE North 71 degrees 55 minutes 40 seconds East a distance of 159.69 feet to lands formerly of Mary Isabelle Buckley; RUNNING THENCE South 18 degrees 05 minutes 50 seconds East along said last mentioned land a distance of 109.47 feet; RUNNING THENCE South 73 degrees 40 minutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE North 14 degrees 48 minutes 00 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Irving Rodman Webb and Beatrice S. Webb, bis wife, dated 10/23/63, and recorded in the Suffolk County Clerk's Office on 10/25/63 in Liber 5440 cp 357. The above-described premises are not encumbered by a credit line mortgage. TOGETHER ~ith all ri~t, title and interest, if any, of ~e party of the first part in and to a~ stre~s and roads abutting the a~ve described premises to ~e center lines ~er~f; TOGETHER wkh the appurtenances and all the estate and rights of the party of tM fir~ part in and to ~id premises; TO HAVE AND TO HOLD the premises herein granted unto the party of ~e s~ond part, the heirs or succes~rs and ~signs of the pa~y of the second part forever· AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, exc t as aforesa d ANl~.the;~a.~f3.b.~9{ ~J~ first l~rt~',~rl~ compliance with Section 13 of the Lien ~-~w, covenants 'that the p~rty o1: the fi~s'~p;~rt~'d! ;rec~i~i~ ~he'considerat on for th s conve ance and w ho d the r ht to r ' · ,,,~:~ ,., , , ,, . Y . g ece~ve such cons d- eranon as.a,tr~st fu~d to be apphed first for the purpose of paying the cost of the ~mprovement and will apply the same firg'Cto the payment of the cost of the improvement before using any part of the total of the sa, me for any other purpose. The xvord "par~y" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first art has duly written. OCT 28 198 TRANSFER SUFFOLK COUNTY ff/~xecuted this deed the day and year first above DANIEL C. FINNE 10152 6i STATE OF NM YORK, COUNTY OF SUFFOLK ss, On the ~/'~day of October 19 86 , before me perso.~lly came DANIEL C. FINNE and DORLA M. FINNE, his wife, to me known to be the individual s described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary ~lic ~ __ RIC~RD SRqlNBURGH STAT~ OF NEY/YORK, COUNTY OF ss: On thc day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and s~y 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 se~l affixed to said instrument is sue', corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and tlmt he si&ned h name thereto by like order. STATE OF NEW YORK. COUNTY OF ss: On the d~y of 19 , before me )ersonally catne :o me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally c~.me the subscribing witness to the foregoing instrument, with whom I am persormlly acquainted, who, being by me duly sworn, did depose 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. WITH COVENANT AGAINST GR^N'I'O&'S Acrs DANIEL C. FINNE and DORLA M. FINNE, his wife TO RICHARD F. MULLEN, JR. SECTION BLOCK LOT COUNTY OR TOWN Recorded At Request of First American Title Insurance Company of New York RETUR/~I BY MAIL TO: First American Title Insurance Company of New York IRVING L. PRICE, JR. Attorney at Law P.O. BOX E GREENPORT, N.Y. 11944 LOT 4 LOT ,3 LOT 2 · ~'~. 4,/o¢k a,.,-/~, p: ,N/~FC. I,.59.69': N'71°5§'40"'E' me/a/ '5/~/9· ~/~'¢' LOT LOT 28 27 PLAN OF PROPERTY KE'~ SCAL-~ D R ,a I N ,~ P~KIA 12"~5 0 . GRASS $800 X 2392/ ELEVATI ASSUM; OWNER RICH/ C/O LOT 4 / LOT 3 LOT 2 // .~ ............. .. // ~ , ~ -*~ ~' ~ I /~ ~ ~ ~. m~ ~ ~ J I~~ ~ ~ ~ ~ J ~ LOT 27 I ~ . . .,t.r ..... ~ ~- . ..... , y --r- ~'~L~' % ~' 'j J :, " J ~ ' I- ' PLAN OF ' ~N~ [ PrO P.~ I i/~~ ~-.,~ 'L ~ , · '- "--- '-- ' ~oo/~~~ .°~ ,- ~. J, ° , .'- ;>- J P.O.BOX 909 . , J ~AIN ROAD J SOUTHOLD , N.Y. 119Zi ', 86' - 479 A