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HomeMy WebLinkAbout1000-122.-7-3.1ACTION OF THE BOARD OF APPEALS Upon Application No. 3970 dated November 19, 1991 made by COFAM REALTY COMPANY for a Special Exception to the Zoning Ordinance, for a fast-food restaurant and a drive-through restaurant window facility. Provisions of the Zoning Code under which this application has been made is Article X, Section 100-101B. WHEREAS, after due notice, public hearings were held on March 8, 1991, April 5, 1991, and Nove~lber 21, 1991, at which time all persons, corporations, organizations and the like, 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: SITE INFORMATION 1. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 7, Lot 3.1. 2. The subject premises is vacant land and consists of a total area of 130,621 sq. ft. (2.9986 acres), with 371.37 ft. frontage along the Main Road and 317.14 ft. along Old Main Road. 3. Architectural renditions have been furnished for reliance by the board members in making this determination which shows the building to be of cape-cod design. It should be noted that the architectural renditions are also before the Town Planning Board. Architectural reviews will also be required by the Town Planning Board when processing the site plan application under the site plan regulations of the zoning code. Also in considering this application, site plan elements, egress, ingress, accessory parking, etc. as proposed by the applicant ~-e more particularly shown on the maps prepared by Ra~mond F. Fellman, A.I.A. (site plan maps lastly dated June 7, 1991; Water and Sewer Plan SP-3 dated 9-23-91; etc.). ' --Page 15- Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 IMPROPER PARTY STATUS 4. During the initial stage of this project, an application was filed with the Southold Town Planning Board for site plan approval (which has not been decided as of this date and is pending site plan reviews) and with the Southold Town Board of Appeals, both filed by McDonald's Corporation through its agents and/or attorneys for the proposed: (a) establishment of a fast-food restaurant, and (b) establishment of a drive-thru window restaurant. 5. After the first and second hearings, the following factors became apparent: (a) The applicant, McDonald's Corporation, did not appear to be a proper party to this application since McDonald's Corporation, although claiming on the written documentation to be a Contract Vendee, was neither a Contract Vendee or the owner. The application therefore was not properly before the Board of Appeals up until the date of the final hearing in November 1991. (b) Rather than conclude the hearing process and continue with a defective application, the applicant and parties involved were advised of this defect, by written notice, and were provided with an opportunity to bring a proper party. (c) On November 19, 1991, two days prior to the final hearing under. Application No. 3970, CoFam Realty, the landowner, made application to this Board as a proper party for a Special Excepti6n for a proposed restaurant under Article X, Section 100-10lB, subsection 9 .... ,, It is believed, however, that the original applicant intends in the future to sign a Contract of Sale with ~r,'~ Enterprises, which corporation or partnership ma~ be a tenant under a lengthy, conditional vacant-property Lease made by the present landowner (CoFam Realty) becoming effective once a.ll permits to build and occupy were issued and complied with. (At no time, was documentation submitted which sufficiently shows a direct interest between the applicant McDonald's Corporation and the owner of the property. ) 6. This Board is pursuing the application process for the applicant-owner, CoFam Realty with the owner,s intent to establish a restaurant pursuant to those standards and conditions for such a Special Exception set forth in the Southold Town Zoning Code. '- Page 16 - Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 RESTAURANTS BY CODE DEFINITIONS 7. A "restaurant" is defined in the SoutholdTown zoning Code under Section 100-13 as follows: " Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters. Any facility making use of a carhop or parking lot service to cars or for the consumption of food to be eaten in said cars or outdoors shall not be considered a "restaurant" for the purpose of this (zoning) chapter and shall be deemed to be a "drive-in or fast-food restaurant.,, 8. Such a "restaurant', which is only for patrons seated at tables or counters is permitted subject to site plan approval by the Town Planning Board in the following Zone Districts: (a) per Section 100-91A(7) - Hamlet Business (b) per Section 100-10IA(2) - General B Business (c) per Section 100-81A(2d) - Light Business. 9. A "fast-food restaurant" is defined in the Southold Town Zoning Code under Section 100-13 as follows: RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state, usually served in paper, plastic or other disposal contains, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. A fast-food restaurant or a drive-in restaurant each requires a minimum of three acres per use (Section 100-101B9). 10. A "drive-thru or drive-up" restaurant is a use other than a carhop or drive-in facility as defined in our zoning code. The inside counter service, which is the norm available for patrons to purchase foods for consumption off the premises is not accessible, and instead motor vehicles are used for accessibility between the building and off-premises consumption instead of passengers leaving parked cars. 11. A minimum of three acres of land is required for each restaurant use, regardless of whether it is a table-service restaurant, a fast-food restaurant, or a car-hop restaurant use. In this instance, the premises does not consist of more than three acres and may only be permitted one restaurant use. ,. Pagel7 - Appl. NO.~70-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 APPLICANT'S TWO PROPOSED RESTAURANT FACILITIES 12. The applicant has requested a Special Exception for both a fast-food restaurant and a drive-thru restaurant. From testimony during the hearings, it is evident that the fast-food corporation intending to enter into a Contract of Sale with the current owner is proposing not only a fast-food restaurant with a food counter for removal to on-site tables or off-premises consumption, but also a separate restaurant area for access from an area other than a parking lot and solely by motor vehicles. The applicant has also indicated that such a secondary restaurant use will provide 40% or more of the business. 13. Such a "drive-thru restaurant', is clearly not a carhop facility defined in our zoning code, and it is clearly in this Board's determination a secondary restaurant use able to operate independently and separate from a fast-food table/counter restaurant use. 14. The area to be utilized for the "drive-thru restaurant', is also not in an area utilized as a parking lot, and instead utilizes that area used by all other vehicles ~ntering and exiting the subject premises, which also has an Increase of vehicular traffic congestion within the site, which in turn causes increased risk and danger to pedestrians entering the building from the parking lot(s). CODE STANDARDS FOR SPECIAL EXCEPTIONS 15. Article XXVI, Section 100-263, Sub-paragraphs A through F of the Zoning Code provides several standards, which standards the Board Members have considered concerning the use of the fast-food restaurant only in this Special Exception application. 16. Other considerations by the Board Were also given, among other things, to sub-paragraphs A through p of Section 100-264. 17. Another area also considered at length by the Board is the issue of the removal of solid waste and its effects upon town facilities. The applicant has agreed to ship the solid waste resulting from th~$ proposed fast-food restaurant and related uses out of town and not to utilize the Southold Town landfill during Operation of this new business. (The Town has a court action pending at this time and consideration of the effects of such new restaurant uses and their effects, cumulatively or otherwise upon the town landfill, if permitted by the State to remain open, must be further evaluated.) Page 18- Appl. NO.~70-SE i.~~ ~- Matter of COFAM RE~I~ · ' Decision Rendered December 16, 1991 NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY that portion of the subject application as it pertains to a "drive-thru or drive-up restaurant,,, since this use is not'permitted in this zone district; and BE IT FURTHER RESOLVED, to GRANT a Special Exception under Article X, Section 100-101B(9), for the establish~aent of a fast-food restaurant only as defined and described in paragraph #9, supra, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. An emergency exit must be made available off of Old Main Road for fire and emergency purposes; 2. Sufficient on-site parking areas must be made available for numerous transient buses as recommended by the Southold Town Planning Board; 3. No directional, advertising or other off-premises signs shall be permitted. 4. No other separate business or restaurant use shall be permitted other than a fast-food restaurant use. 5. This Special Exception approval is limited to that applied for and shown for copsideration as Der the plans and drawings submitted to this Board, and any change in the footprint of the building requires re-application for re,consideration, after proper notice and public hearing. A~ original final site plan print shall be furnished to the Board of Appeals for review prior to PB* Chairman,s signing of the final maps for updating purposes, acquiescence, and permanent record-keeping purposes (without the need for further hearing, etc. for such review). VOTE OF THE BOARD: AYES: Messrs. Goehringer, Dinizio and Doyen. NAYES: Members Villa and Grigonis. (Members Villa and Grigonis felt the application should be denied in its entirety for several reasons: out of character with the area, there is a better profitable use to which this property may be used, excessive burdens on governmental facilities, etc.). This resolution was duly adopted with a 3-to-2 margin. / *Planning Board t"t5 EDWARD U. PETROU, P.E. REGIONAL DIRECTOR June 10, 1996 STATE Of NEW YORK DEPARTMENT Of TRANSPORTATION STATE OFFICE BUILDING 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 'JOHN B. DALY COMMISSIONER Mr. Anthony M. Liedtke Hunt-Liedtke Management Company, Inc. 10 Rabro Drive Hauppauge, NY 11788 Dear Mr. Liedtke: Our Case NO. 96-136 Modifications To Existine Curb Cut State Route 25. Mattituck This is in reference to the site plans for the above noted project which were submitted to this office for review. Upon review of your proposal, we find that the proposed work is acceptable. We will require the submittal of revised plans showing the removal of the existing drop curb and apron and the installation of an intersection type entrance. The width of the driveway shall remain the same. The concrete radii shall be installed using a 15'-0" radius. The installation of handicap ramps on either side of the driveway will be required. Details for the ramp must be included on the revised plans. The asphalt in the entrance area of the new curb cut will be traffic bearing asphalt (see enclosed detail). The permit fee for this project will be in the amount of $200.00 (check payable to the State of New York). The insurance requirements require that the enclosed Certificate of Insurance (Perm 17) be completed and returned. Bonding for this project will be in the amount of $5,000.00 (sample bond form enclosed). Upon submittal of the above items, a Highway Work Permit will be processed. All submittals shall he referenced to the above noted case number. Any questions concerning this matter may be directed to this office at 952-6025. Very truly yours, VITO F. LENA Regional Permit Engineer cc: ~r. Bob Kassner VFL:BT bad s~-;i~d thor the si~ lay id~ f~r some 10 n~rd~ until March of 1995. in Ibc meantime, the Somboid Town Board passed n law forbidding "h'mnln-fo~d rcmmbms' in ~e fen- eral ~ z~ne. we Peffioned ova, tim the town has n°~ enf~:ed its own hws." Mr. W~ht See Mf~'8, page 24 ~mflOmO Irm Iown perm~ nivefl for ~t,;F,.~.~=7.~,_ ~ ~,_~.u~.?~eo ~taw~uit Lind(] L. Fletcher P.O.Box 79 New Suffolk, New York 11956 August 22, 1995 Chairman Richard Ward Members and Staff of the Southold Town Planning Board P.O.Box 1179, 53095 Main Road Southold, New York 11971 Dear Chairman Ward, Members and Staff of the Southold Town Planning Board: Now that my "pet project" is a reality, much to my dismay, I would like to give credit where credit is due--- TO YOU AND YOUR BOARD! Too often in the past two weeks I have been hearing that the building up on that lot is so pretty and how great it looks and that it not only isn't so bad, but it's really nice, And so who is taking the credit for this? Like we don't all know! (And, to think that as recently as two months ago "they" were stating publicly that this site plan was something they inherited; what short memories "they" have!) And, so privately I would like to thank each and every one of you for all the work, time and good thinking that you put into this project. Although I almost never drive past it, I am sure that it does ,indeed, look as good as I'm hearing. I wish that the public knew the true story, as I do. My hope remains that in the not-too-distant future the use of this building will change to something that really befits "your"splendid site plan. Most sincerely, Linda Fletcher Pnoto by Judy Ahrens P&CKED HOUS£--!,', S [Deer iike this inside the Mattituck McDonald's pretty much since the doors opened on Fri- day. Mac's Finally Opens for Business By Jeff Miller MATTITUCK--Remember the old "X Million Served" signs on McDon- ald's l~cades throughout the nation7 No such garishness is to be seen (~n the newest McDonald's franchise, right here on the Main Road. But if there were such a sign, devoted strictly to sales here, it would read "6,378 Served" -- after just 3 1/2 days in business That's how many burgers thc Matti tuck McDonald's ~rv,.xl up from its nl- ficial opening at 11:~5 am Friday through the end of Monday ttald numbers: 4,793 hamburgers and cheeseburgers, 1,585 Big Macs.t The franchise aim dished up 2,6114 p<)unds of french fries, 9,312 chicken nuggets and 11,076 Happy Meals. The numbers were reported by Tony Liedtke, one of the owners of the Matti- tuck franchise. He said the response has been "very, very encouraging," al- though hc didn't have stats to compare it to the openings of thc other 13 Mc- Donaild's franchises staged by his com- pany, Hunt-Liedtke Management of Hauppauge, el~whem on Long Island. Irouically, Mr. Liedtke said opposi- tion, which ran high throughout the five-year effort to get McMattituck built, helped to create a successlul open- ing. 'Awareness was very high," he said. "Whether or not coverage was pro or con, it was coverage. People came 'all the way from Elmont. They'd read about it in the paper." Has Hunt-Liedtke ever encountered opposition like this? "Oh, no, not at all," he said. "Usually our reputation pre- cedes us, and we're welcomed. We bring a lot of good things, at least in the opinion of some." That opinion was clearly shared by the crowds that lined up for the grand opening on Friday. Actually, the open- ing was supposed to be a day earlier, but it was held up by a tardy water analysis from the county health department. The document arrived at the Southold Build- ing Department Friday morning, Mc- Mattituck got its certificate of occu- pancy at 11:30 a.m., and the restaurant opened its doors 15 minutes later. The Floodgates Open People were lined up for the historic moment. Moments later, the crew, in- cluding Mr. Liedtke, went into high gear to fill their orders. "It was all hands on deck," he said. Soon the place was overflowing, and diners began picinck- ing on the newly planted grounds. After a few days at a similar pace, Mr. Liedtke said he'd heard "not one negative comment. People go out of their way to come up and say they're happy we're here, and what a nice job we've done with the building and land- 'We bring a lot of good things, at least in the opinion of some.' --Tony Liedtkel Mattituck McDonald's co-owner scaping." The company is especially proud of the Cape Cod-style building, which is unique for Hunt-Liedtke. Most of the company's other locations are in shopping centers. One dining couple said they were halfway in the oppo- nents' camp until they saw the building, and became fans, said Mr. Liedtke. But it's not all rosebuds. The North Fork Environmental Council suit to stop the fast-food use of the property contin- ues. In Saturday's Newsday, in a page 4 story about the opening, Southold Su- pervisor Tom Wickham is quoted as saying that it's time to put the five years of wrangling b~hind us, but: "My think- ing remains that it is an unfortunate 1o- cation for a fast-feed restaurant. I do not want Roate 25 to become another Route 58 in Riverhead." That story also has Long Island Re- gional Planning Board executive direc tot Lee Koppelman saying: "McDonald's in Mattitock symbolizes their loss of innocence. The very kind of development that typifies the west end of Long Island, which in their mind they have been trying to avoid, has come home to roost right in their midst." During the increasingly heated de- bates over the fast-food issue, Mr. Liedtke suggested that some of the wrath would be defused once the place opened. "We'll be good neighbors," he said. The company is nurking a con- seioas effort to back up that remark. Mr. Liedike has noted that all local contrac- tors were hired in the construction and landscaping. A total of 65 employees have been hired, most of them teens, but about 15 percent over 21, and some se- niors. The workers come from all over the North Fork, but most from Matti- tack, Cutchogue and Laurel, he said. Although the restaurant's mailing address is Mattituck, it's in the Laurel Common School District, and Hunt- Liedt.ke has made a special effort to make friends there. Actually, the school district made the first overture, sending a letter of support. Mr. Liedtke and the company's marketing manager, Luciana Ferranti, responded by visiting the school in March for a tour. "We were very touched," said Ms. Ferranti. "They've been terrific." In return, the company is donating 30 cents of every exWa value meal sold between Aug. 21 and 27 to Laurel School. On thc 26th and 27th, the company is renting a cot- ton candy machine and donating all proceeds from cotton candy sales (50 See McDonald's, page 45 McDonald's Opens-.. Continued from page 2 cents each) to Laurel. Plus balloon sales at 25 cents a pep. The money will be used to bolster physical education at Laurel School. "We don't have a gym," said school su- perintendent Phyllis Hensley on Tues- day. "We're thinking of traveling to fa- cilities, like bowling o~ other schools for basketball, where the kids can do things they can't do in the classroom." Said Ms. Hensley, "McDonald's has a lot of suppert at Laurel." Checking In With Competitors Has all thc McDonald's attention hurt other Mattituck eateries? Smprisingly, the two dells closest say, not so far. Of- ficial word from nearby Skip's Deli, which happens to specialize in some- thing called Burger Heaven, is that a slight slack-off in the flu'st couple of days has passed, and business since then has been strong. At nearby North Fork Deli, manager Lewis Balazy said: "There's been nothin8 super-noticeable. People know, ff you want a nice hero or a roast beef sandwich, you come here. If you want McDonald's, you go there. But you can only eat so much McDon- ald's.' Inside McDonald's itself, enthusiasm is cooking. Joe Talento, who superv/ses Hun~-Lied~kc franchises in Mattituck, Deer Park, Southampton and two in Riverhead, said Matfituck did about 90 percent of the business recorded at the opening of a Lindenhurst McDonald's in March. "And the population there [Babylon Town] is about 200,000," compared to Southold's 20,000, he said. "We're real happy with it. We knew it was a good time of year to open." Anthony Leone Jr. of Mattituck went to work at a Riverhead McDonald's at age 16, and now, at 20, he's come to McMattituck with a promotion to swing manager. "I live five minutes away," he said. When he's off duty, he's taking classes at Suffolk Community College. On Tuesday, he said: "The response has been overwhelming. We've gotten a lot of compliments. One person wld me it looks like a country club." Even more convenient is the com- mute of Corey Fliss, who lives right next door. The 16-year-old Matfituck High School student works grill and P~I~, getting in 30-plus hours a week. "I love it," he said on Tuesday. His last summer job was painting and yard work, but it was lonely, solitary work. "Here I'm working with people, mllring to people -- I really enjoy it. I gave up $10 an hour for $5; that's bow impor- tant it is to me.' And you can't beat that commute. Before his 2 p.m. shift began, he said, "! was visiting my girlfriend at thc A&P at 1:45, came home, got dressed and got to work with four minutes to spare." Mac's Makes Debut After 5 years on the grill, McMattituck opens today By Tim Kelly MATTITUCK--There wasn't a chicken McNugget in sight, and not as much as a single french fry, as close to 100 of the new Mattituck McDonald's employees, their families, management and supporters nibbled on quiche and fried shrimp at the restaurant Sunday afternoon during a private pre-opening reception. The fare will revert to the more famil- iar Big Macs and shakes when the long- contested fast food restaurant upcns its doors to the public, a business milestone the owners hope will take place today The restaurant's opening, long awaited by supporters and long dreaded by the North Fork Environmental Coan- 'Now we have a special McDonald's for a special town.' ~nthony Liedtke, no-owner, Mattituck McDonald's cil and other opponents, comes exacdy five years after McDonald's first an- noanced plans to build its fa-st franchise in Southold Town. The company's application sparked what became known as the fast food wars, and a continuing series of protests, angry Town Hail meetings, and eventually the passage of a "formula foods" addition to the town code mak- ing it far more difficult for one of the fast-food company's competitors to be- See Mac's, page 38 · 'The Suffblk Tim~s`' A~}u{t 10, "1995 ~.'The Sb'ffolk TimeS. Adgust 1 Mac's... Continued from page 1 come Southold's second such business. No town officials were among the guests at Sunday's reception. McDonald's initially dropped its plans for Mattituck after the town re- fused its request for permission to open a drive-through window, and Burger King jumped in. But that company pulled out earlier this year, and after re- considering the need for a side service window, McDonald's jumped back in. As construction progressed, the NFEC filed suit in June against Southold Town for refusing to take steps to pull its building permits. That case is pending. Meanwhile, the build- ing went up, plantings went in, and McDonald's still hopes to win over its critics. More than a few Southolders feel that the building and grounds are ara-active enough to still opponents. He's Raring to Go "I'm going under the opinion that at this point we've received all the permits to open a restaurant," said Anthony Liedtke, a partner in Hunt-Lied~ke Management of Hauppange, the restan- rant's owners and operators. "We don't know what people could object to. We made the building as nice as we could. We put in more landscaping than the town required and we hired local con- ~actors. Now we have a special Mc- Donald's for a special town." The North Fork Environmental Coun- cil maintains that the restaurant is opening at thc owners' peril, and says the serving of hamburg.s does not sig- nal the end of that organization's fight. QRIDDLE QD¥~ Pending any last-minule snags, the Ma~ituck McDonald's will open today (Thursdw/). The burgermeisters in charge of the business are, from left, manager Gary A. Farrell, company assistant vice president Joseph Talento, and co-owner Anthony Liedtke. The council has not opposed the build- lng itself, but its fast-food use. With the grand opening approaching, the company was working earlier this week to satisfy the town's building and planning departments' last-minute con- ceres. The owners say they've spent some $50,000 on landscaping, including paying $2,000 for a single Japanese lace leaf tree. But still, the Planning Board has required die planting of txees and shrubs at the rear of the site, and those weren't installed until Tuesday. The shrubs were a relatively minor is- sue, said Robert Kasaner, town site plan reviewer, but of far greater concern is the property's lighting. Although town officials say the post-mounted coach lamps are very atlxective, they don't comply with the town lighting code's requirement that all such fixtures carry shielding to prevent the soarce of illu- mination from being visible beyond the property line. Mr. Liedlke said opaque lenses were placed on the lights on Monday. Before it could open, the restaurant also needed to obtain Suffolk County Health Department approval, an under- writer's endorsement of its electrical system, and a certificate of occupancy from the town. A partner in a company operating 14 'Once we get It open and operating, I think people will be happy.' --Anthony Liedtke McDonald's franchises, including the restaurant on Route 58 in Riverhead, Mr. Liedtke believes the opponents of the Mattituck business are not represen- tative of the community at large. "We've gotten a lot of letters of sup- port from people calling themselves 'the silent majority,' and I'd like to feel that's the case," said Mr. Liedtke, a Port Jefferson resident. He disputes the argument that thc McDonald's will draw customers away from other area food service businesses. calling that a "smokescreen." 'People Will Be Happy' "If this were a dry clean~, would that be an advantage to the town?" he said. "Would a dry cleaner spend $50,0~0 on landscaping? Would a dry cleaner have built with clapboard? I don't think so." He said he hopes the controversy will subside once the restaurant opens and begins serving food. "Once we get il open and operating, I think people will be happy," Mr. Liedtke said. One of the happy people will be Frank Carlin of Laurel, who's become the company's most vocal supporter, He was among those attending Sunday's pre-opening celebration. "Aug. 10 will be a date to remember in history," Mr. Carlin said. "Why? be- cause Southold will be taking a step forward rather than two steps backward. Truth, common sense and good reason- ing prevailed here." McDonald's Fire Doused Oven fan flames cause a nervous Wednesday MATTITUCK--When Mnttitock McDonald's co-owner Anthony Liedike received a phone call from a Suffolk Times reporter about an early morning Wednesday fire at the restaurant, he wondered if his latest franchise would be closed down before it even opened. But he quickly discovered his mstaarant suffered no damage after a plastic shroud that covers an oven fan started a small fac. Water that keeps the oven cool had not been placed in the oven, Mr. Liedlke said. Employ- cas quickly extinguished the blaze, which the owner said didn't damage the oven. The fast-food restaurant is scheduled to opea this morning. "The manager was being overly cautious in calling the fire depart- ment, rather than underly cautious," Mr. Liedtke said. "It's been such a high profile thing in town. No one wants to be the one who makes a mistake." There were no injuries in the inci- dent and no damage was done to the building or other equipment. Accord- ing to Mr. Liedtke, a Southold build- ing department inspector cleared the oven for use Wednesday morning. Mr. Liedtke admitted he worried at first that the fire might have been deliberately set by someone who opposes bringing the franchise to town. "Of the people that have stopped by, 100-1 are in favor of it," he ",id. "But you don't know what ct happen." PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Thomas Fisher, Senior Building Inspector FROM: Richard G. Ward, Chairman ~j/l~ RE: Proposed Site Plan for McOonalds Main Road, Mattituck SCTM# 1000-122-7-3.1 DATE: August 9, 1995 In Charge The Planning Board recommends that a Certificate of Occupancy be issued for th'e above referenced project. All conditions of the Site Plan approval have been met. PLANNING BOARD MEMBERS Richard G. Ward , Chairman George Ritchie Lmbam. Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (5161 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTtlOLD Town Ilall. 53095 Main Road PO. Box 1179 Soulhotd. New York 11971 Fax¢516) 765- 3136 FAX COVER SHEET IWe are tra,qsmitting from: FAX ,-¢ 765-31.36 To: 17J c n' P w ,e p Subject: Fax #: I Total number o; pagss including cover letter: Pleas9 call us at (516} 765-1938 you did not receive all pages if ]-J-J~ tq Trtqe/ff dp g~ TV-E~4~. I,'/ 6~~/ T/./~K ,,¢~£££ To: -- 9L//,q r Te-o ,,,Opz~/T/o/,/gz T/~gg ///?~qo,,y 1- ,~ ;-' ... .- ' . - m..'& ,-~:.' ,~rt . ...:~, ,: -,~-,-"~.~..'.g.~g,~k.X-'.....lF..oK.?i $ o~z t..u7 I~ .,..~ ~%:....~ o ~ . . -~ ~. . ~IANK t~ ill oaN ~LCENsI~ ~'e~lnc~lv~ Lm~'~dacape ~ancep~ Augult $, 19~8 Town of 3outhold 8outhold Planning Board Alan: Dick Ward, Chairman Main 8trait $outhold, NY 11971 RE: Landscape PrOjeci at McOonald'a Rt 2~ Mattltuck, NY As per your requaat we will plant 2 additional -,treat treaa In the canter portion (along Route 25}. Due to the unavailability of the material we will dig arid plant 2 matching Pin Oaks by November 16, 1~91~" Thank you. [5'18] 7~5.1220 * Pcute 25, Paconic, L.t., N.Y. t1~58 · FAX (518} 765.O315 C~N W1EC~ Oiecinc~/w I ei'~d~cepe C, ancap~ Augmlt ~, lgg8 Town of Southotd Planning Attn: Dick Ward, Chain*nan Main $treet Southold, NY 11571 Landscape Project at McOonald'l Maltltuck, NY Aa per your request w~ will plant 2 additional street treea In tile canter portion (along Route 25). Due to the Unavailability of the material we will dig and piant 2 matching Pin Oaks by November 16, 1591~" Thank you. N.Y. t la_~E · ~A,X (5t5] 765.OO15 DI~N Wll. C~i~ItKI =',AGE *-~ 2 Die~lnc"rJve Le~'tdecape Concepts August I, 1996 Town of 8outhold 8outhold Planning Board Attn: Dick Ward, Chalmlan Main 8treat $outhold, NY 11971 RE: Landscape Project at McDonald's Rt ~ M~ttltuck, NY As per your request we will plant 2 additional street trees In the canter portion (along Route 25). Due to the unavailability of the material we will dig ar)d plant 2 matching Pin Oaks by November 1~, 1996. Thank you. Tony Liedtke Bob Kasanar Sincerely, Donald J. Wllcanlkl Vice President Brlarcliff L.~ndscape AU6 8 1995 PLANNING BOARD {51§)76§-1220 * Route25. Pacanic, L.t.,N.y. 11958 · FAX(515) 765.QO15 468 North Highway, Southampton, 11988 g S T I N k T K ESTIMATE FOR; Specifications{ HUNT ENTERPRISBS~ INC. 20 RABRO DRIVE HAUPPAUGE) NEW YORK 21TBS ATTN: ANTHONY LIED?KE MoDonalds MattituOk t - 6;///;~ i ~//~Sandblaltod double sided ground eisa with 22 Karat gold lair logo end pinstripe. Also I shad ~oo£ with 2 lights (1 per side) to bo mounted instdm the shmd roof hidden from veiw to shine down onto the isis. Tho baohiroufld will bo / ~,~"x ~)~ oloar rodw0od p&floXo smfldblostod between 1/4 to 1/~" In depth to 8lye the loWo And iflmtrlpo s raised look. Tho background will be given 2 neats of so&lot and ~ no&t. of OVT stain. .00 Installed plus tax and permit. Kstimmted Time of Completion; 14 to 21 workln~ of deposit. from date ~OUTHOLD TOWN PLANNING BOARD COLLUM SI(IN8 INC, 488 North Highway, Southampton, i1968 T i U A T E JUNE 21, iOo$ McDONALDS, tO RABRO DRIVE HAUPPAUGK, NEW YORK tiT98 ATTN: ANTHONY LIEDTKE SPECIFICA?IONS: COLOR$~ For the ekotohes where the beeksfeuncl is all brown. The brown fepPoeeflte tho natural fod~food oolor when given two seats of lO&lOP. The poet would be astir&! cedar also given two coats of sealer, The ~ellow represents 22 Karat gold loaf. The black lines throughout the baokground represents the offeot sandblasting does to the boeker0und, SPK¢IFICA?IONS; COLORg: For tho aketohos that have rod in them: The brown represents tho natural meier of redwood wh®n blasted and given two sc.ets of sealer. The rod repreeente tbs oolor burgafldy. Tho ~ellow repreeente 22 Karat gold leaf. The post will bo nature1 cedar with 2 es&ts of sealer. The black lines represent tho effect of the eandblaeting. The shed roof wllX bo done with ~od&r shingles and they.will be loft natural. I.D. Module Arch Module 3'-4~" 102.9 cm. 1 129.5 cm. ' McDonalcrs 640.1 cm. Disconnect switch Imrovided and pre-wired for ease of installation. Aluminum extrusion construction. 2' pole Standard; special height poles available upon request. U.L. approved. 1 '-3" 38.1 cm. f 61.0 cm. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Rilchie Latham. Jr. Bennel~ Orlowski. Jr. Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town tlall. ,53095 Main Road P.O. Box 1179 Soulhold. New York 11971 Fax 1516) 765- 3136 FAX COVER SHEET We are transmiUing from: FAX ¢ 765-3136 To: From: Subject: Fax #: 70/~- o016- Please call us at ~516) 765-1938 you did not receive all pages if / / / S~bmisston Without a Co~er Letter Sender: Subject: Date: SCTM#: 1000- I,~.~.- '/-3, J Submission Wttho#t a Co.er Letter Sender: Subject: SCTM#: 1000. l~Z- "/-5. I Comments: Wall Logo Formed poiycarbonate for strength. Single faced wall mount. Designed for mounting on brick wall. Non-illuminated. Mounting studs and adhesive bond included, Mar and vandal resistant materials. Pigmented face materials for color control. Template included. Replacement copy panel available as retrofit to older style Iogos. Mall and Alternate Store Front Sign Formed prismatic letters and arches. Pigmented polycarbonate face materials. Drums of sheet aluminum, Remote transformers. individual mounting brackets. I// 1/ !01.7FM I 44210 COUNTY ROAD 48, SOUTHOLD, NY 11971 (516)765-1017 June zg~ 1995 Mr. Thomas Wick_ham Supervisor Town of Southold P.O. Box 1179, 53095 Main g~td Southold, NY 11971 Dear Tom: For your information, the enclosed editorial was broadcast yesterday. Nine Southold Town residents voluntarily called to express their agreement. A gentleman from Mattituck said "It's about time somebody spoke up", and a woman from Orient said that it's the only editorial weYe ever broadcast that she agreed with. Mr. Ed Dart from Southold said that it was "practical and sensible" and asked that we send him a copy. There were no dissenting calls and at this time, no one from an opposing group, e.g. NFEC, has requested time for rebuttal. This is a surprise, because our editorials generally attract callers from both sides of the issue. Sincerely, Jo~Sullivan, Jr. President/General Manager jjS:jh Richard Ward, Planning Board Gerard Goehringer, Zoning Board of Appeals ~UTHOI.D TOWN PLANNING BOARD EDITORIAL EDITORIAL ~ McDonald's 6/95 "Following is an Editorial from WBAZ General Manager, Joseph J. Sullivan, Jr." Sixteen months ago, WBAZ editorialized that fast food restaurants had a place in Southold Town. Nothing has occurred since then to change our opinion. Some claim that a McDonald's in Mattituck will: increase traffic on Route 25; increase trash on our roadways, and forever change the character of Southold Town. Moreover, they say, allowing McDonald's to have a drive-thru window will exacerbate the situation. WBAZ disagrees. First, McDonald's will not increase traffic on Route 25. Where will the people come from7 Riverhe_~_d7 Riverhead has a fast food strip on Route 58. This is a matter of economics. McDonald's doesn't increase traffic. They follow traffic. The people come first. Then McDonald's follows - but only after their marketing research shows that an area can support a restaurant. Second. McDonald's will cause trash to increase on our roads. One letter to the editor of a local paper asked "Will they pick it up too?" NoI McDonald's won't pick up the trashl Just as the 7~11's, the p'mza parlors, the delia, and the marts at the gas stations don't pick up after the small number of slobs who litter our beaches and roadways. The opposition is off the mark with this argument, because they underestimate the 98% of Southold Town residents, who take pride in their community and who wouldn't think of tossing garbage out their car windows. Third, a McDonald's with a drive-thru window in Mattituck will not be the end of Southold civilization, as we know it. No one wants to see Route 25 become a fast food freeway as Route 58 in Riverhead ia. However, Southold Town is big enough and long enough to accommodate a handful of fast food restaurants, tastefully constructed to blend in with the architecture and general ambiance of the Town, and each separated by 3-4 miles, thus avoiding the fast food congestion common to the west. WBAZ believes that a creative and courageous planning board will know how to accommodate these additions intelligently, without sacrificing the unique beauty and character of Southold Town. "the preceeding has been a WBAZ Editorial. WBAZ will provide equal time to responsible individuals with opposing points of view." minutes - aired 6/28/95 ~ 6:10/7:10/8:10/11:SSam/4:SB/S:SBpm. 44210 COUNTY ROAD 48, SOUTHOLD, NY 11971 (516)765-1017 Memo~ndum from .... BUILDING INSPECTORS OFFICE TOWN OF SOUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971 765-1802 NORTH FORK E:NVlRONM 'NTAL COUNCIL Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880 June 15, 1995 Chairman Richard Ward Members of the Southold Town Planning Board Southold Town Hall P.O.Box 1179, 53095 Main Road Southold, NY 11971 Dear Chairman Ward and Members of the Planning Board: On Tuesday, June 13, 1995 I came to the Planning Board accompanied by Joseph Fischetti, a professional engineer and developer well known to you. We came tO review the most recently submitted plans of COFAM/(now). McDONALD CORP. which were received in your office on June 8, 1995. During our review I was greatly distressed and dismayed to see that the McDONALD CORPORATION is presently p~eparing to build and operate a drive-through in the Town of Southold although the conditions of the SpeCial Exception Permit # 3970 granted on 12/16/91 specifically denied this use and present Southold Town Code Regulation, Local Law # 9, 1994, Seotion 100-91(B) (f) (11)c expressly prohibits take- oqt and formula food restaurants from having drive-through windows. See attached Exhibits I and 2, highlighted areas. Listed below are 'the Titles and Pages on the complete set of building plan~ referred to above where references to the drive- through windows are found: KITCHEN LAYouT K-1 See two (2), not one, but TWO future drive-throughs planned for POWER LAYOUT , E-3 ' E-5 E-8 Empty conduits are being installed for wiring of interconnections between the two windows and sensor to signal that a car is approaching Video monitor at site of drive- throughs See future menu board location M-2 Ceiling mounted heaters are being' installed now in drive-through areas a/'~on-proflt organization for the preservation of land, sea, air and quality of life printed on 100% recvcled paper The NFEC urges that the Southold Town Planning Board request the appropriate authority to issue a stop work order immediately until the following actions have been performed by COFAM/McDONALD CORPORATION: 1. remove the above cited pages, and 2. replace them with pages containing no references to anticipated drive-through windows, and 3. refrain from installing electrical and heating equipment that would accommodate this prohibited use. Pursuant to the terms of the site plan approval granted to COFAM REALTY CO. by your board on March 28, 1994, the authority to direct the above actions can be found in the highlighted section of the resolution attached to this letter as Exhibit 3; specifically, no other improvement may be made at the property described in Schedule "A" without the approval of this Town of Southold Planning Board." References to drive-through windows are certainly an "improvement" to the COFAM/McDONALD CORPORATION. In addition, the site plan presently being used by COFAM/McDONALD CORPORATION is not the "revised site plan of March 22, 1994" that your board approved. See highlighted section Exhibit 3. Sincerely, Linda Fletcher Project Co-ordinator David M. Goldman President Enclosures CC: Supervisor Thomas Wickham Members of the Southold Town Board Troy Gustavson, Co-Publisher/Executive Editor of The Suffolk Times Christopher Kelley, Attorney-at-Law, Twomey, Latham, Shea & Kelley June 22, 1995 McDonald's Corporation 70 E. Sunrise Highway Suite 619 Valley Stream, New York 11581 516/872-0202 Hon. Richard Ward, Chairman Town of Southold Planning Board Southold Town Hall P.O. Box 1179, 53095 Main Road South_hold, New York 11971 Cofam Realty/McDonald's Corporation Route 25 Main Road Hon. Chairman and Members of the Board: This letter is written in response to the letter of the North Fork Environmental Council, dated June 15, 1995, with respect to the above-referenced matter. I also enclose record plans of the proposed McDonald's Restaurant located at Route 25 Main Read, which are the same plans which were submitted to the Town of Southold Building Department and upon which building permits were issued for the subject use. The enclosed plans do not contain the notations which have seemingly offended the North Fork Environmental Council. The plans which were erroneously delivered to the Planning Board office are internal working documents of McDonald's Corporation. It is no secret that McDonald's desired, at the time of the submission of its application several years ago, to construct a drive-through in conjunction with the construction of the McDonald's Restaurant. In fact, the same was a part of the application which was submitted to the Zoning Board of Appeals. That Board denied so much of the application as related to the drive-through and McDonald's has abided by and will continue to abide by the Zoning Board's decision. The plans which were erroneously delivered to the Planning Board office were drafted to the internal use of McDonald's if and when McDonald's decides to reapply to the relevant Boards of the Town for approval of a drive-through. McDonald's has no present plans to make such application. It is our understanding that the construction presently proceeding on the site conforms in all respects with the plans which were submitted pursuant to the approvals of the Zoning Board of Appeals and Planning Board of the Town and which plans were approved by the Building Department of the Town. I can unconditionally state, as a representative of McDonald's, that McDonald's Hon. Richard Ward June 22, 1995 page 2 Corporation is not "presently preparing to build and operate a drive-through in the Town of Southold, "as scurrilously alleged by the North Fork Environmental Council. In closing, I must express my dismay at the manner in which the North Fork Environmental Council has pursued this matter. A simple visit to the Building Department's Office and a review of the plans therein, in conjunction with a review of the ongoing construction, would have addressed the concerns expressed in the Council's June 15, 1995 letter. Instead, with no further review whatsoever or discussions with Building Department personnel, the North Fork Environmental Council, for what appears to be reasons solely related to publicity and in another attempt to delay the legal construction of the McDonald's Restaurant, chose an avenue not deserving of credibility. I wish to express my apologies to the Planning Board for any inconvenience the erroneous submission of plans may have caused and request that I be contacted in the event that my concerns remain with regard to this matter. McDonald's takes pride in being a good corporate neighbor, a part of which consists of compliance with all of the laws, rules and regulations applicable to its operations. Very truly yours, Paul Facella Vice President/Regional Manager New York Region CCi Hon. Thomas Wickham, Supervisor Members of the Southold Town Board Troy Gustavson, Co-Publisher/Executive Editor of The Suffolk Times Sandy Ruroede, Traveler Watchman Snbm~9~ ~/~thout a Cover Letter Sender: Subject: SCTM#: Comments: Hc ~n~l~,s June 19~ 1995 Supervisor Wickham Members of Town Board Planning Board Building Department Zoning Board of Appeals Dear Southold Town Government: McDonald's building plans are reported to include the support systems necessary for a future drive-in window. This is a clear threat to subvert TOWA law. Coupled with McDonald's threat to ~se its big money power to sue Southold Town, it is an arrogant insult to us all. Bullies are not good neighbors. Appeasement never worked. Government by fear of lawsuit is not government at all, DO NOT allow building to continue on plane which provide for a drive-in window. Sincerely, ~Robbins~ P. O. Box 147 ~ew Suffotk~ NY 11956 734-6047 NORTH FORK E:N¥1RONklE:NTAL 'COUNCIL Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880 June 15, 1995 Chairman Richard Ward Members of the Southold Town Planning Board Southold Town Hall P.O.Box 1179, 53095 Main Road Southold, NY 11971 Dear Chairman Ward and Members of the Planning Board: On Tuesday, June 13,1995 I came to the Planning Board accompanied by Joseph Fischetti, a professional engineer and developer well known to you. We came to review the most recently submitted plans of COFAM/(now).McDONALD CORP. which were received in your office on June 8, 1995. During our review I was greatly distressed and dismayed to see that the McDONALD CORPORATION is presently preparing to build and operate a drive-through in the Town of Southold although the conditions of the SpeCial Exception Permit # 3970 granted on 12/16/91 specifically denied this use and present Southold Town Code Regulation, Local Law # 9, 1994, Section 100-91(B) (f) (11)c expressly prohibits take- o~t and formula food restaurants from having drive-through windows. See attached Exhibits 1 and 2, highlighted areas. Listed below are ~the Titles and Pages on the complete set of building plans referred to above where references to the drive- through windows are found: KITCHEN LAYOUT K-1 See two (2), not one, but TWO future drive-throughs planned for POWER LAYOUT E-3 Empty conduits are being installed for wiring of interconnections between the two windows and sensor to signal that a car is approaching E-5 Video monitor at site of drive- throughs E-8 See future menu board location M-2 Ceiling mounted heaters are being' installed now in drive-through areas a non-profit organization for the preservation of land, sea, air and quality of life printed on 100% recycled paper The NFEC urges that the Southold Town Planning Board request the appropriate authority to issue a stop work order immediately until the following actions have been performed by COFAM/McDONALD CORPORATION: 1. remove the above cited pages, and o replace them with pages containing no references to anticipated drive-through windows, and refrain from installing electrical and heating equipment that would accommodate this prohibited use. Pursuant to the terms of the site plan approval granted to COFAM REALTY CO. by your board on March 28, 1994, the authority to direct the above actions can be found in the highlighted section of the resolution attached to this letter as Exhibit 3; specifically, no other improvement may be made at the property described in Schedule "A" without the approval of this Town of Southold Planning Board." References to drive-through windows are certainly an "improvement" to the COFAM/McDONALD CORPORATION. In addition, the site plan presently being used by COFAM/McDONALD CORPORATION is not the "revised site plan of March 22, 1994" that your board approved. See highlighted section Exhibit 3. Sincerely, Linda Fletcher David M. Goldman Project Co-ordinator President Enclosures cc: Supervisor Thomas Wickham Members of the Southold Town Board Troy Gustavson, Co-Publisher/Executive Editor of The Suffolk Times Christopher Kelley, Attorney-at-Law, Twomey, Latham, Shea & Kelley Page 5 - .A~. No. 3970-SE ~Matter' ~0~" ~M P.F~ TY Decision Rendered-h~ecember 16, 1991 NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception under Article X, Section 100-101B(9), for the establishment of a fast-food restaurant only as defined and described in ~aragraph #9, supra, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. An emergency exit must be made available off of Old Main Road for fire and emergency purposes; 2. Sufficient on-site parking areas must be made available for numerous transient buses as recommended by the Southold Town Planning Board; 3. No directional, advertising or other off-premises signs shall be permitted. 4. No other separate business or restaurant use shall be permitted other than a fast-food restaurant use. .5. This Special Exception approval is limited to that applied for and shown for consideration as per the plans and drawings submitted to this Board, and any change in the footprint of the building requires re-application for re-consideration, after proper notice and public hearing. An original final site plan print shall be furnished to the Board of Appeals for review prior to Planning Board Chairman's signing of the final maps for updating purposes, acquiescence, and permanent record-keeping purposes (without the need for further hearing, etc. for such review). ~E IT FURTHER RESOL%'ED ofthe sUb 1. The use intended is not permitted by Special Exception under the Zoning Code of the Town Southold either by definition or within the respective zone. 2'. There is insufficient square footage on site to support approval of a second primary restaurant use. 3. The increase traffic flow resulting from drive- thru/drive-up restaurant would adversely impact upon the existing two lane highway which provides access to the site furthermore, the preexisting nonconforming residential use to the west and the hundred acre residential (AR-4Q) zone directly to the south and east Of.the premises renders this particular location not suitable for this particular use (section 100-264A). Page 6 - Appl. No. 3970-SE Matter of COFAM REALTY Decision Rendered December 16, 1991 4. The approval of a second restaurant use would put unnecessary strain upon the private water and sewer facilities available to the site(100-264D). 5. The site has insufficient square footage per the recommendation of the Suffolk County Department of Health Services (100-264K). 6. Access to the site is by means of State Road SR25 (two-lane east-west highway) which provides access to and from the hamlet of Mattituck and is not suitable to the use intended (100-264M) 7. Although the applicant agreed to covenant not to deposit solid waste in the landfill of the Town of Southold, it refused ~to covenant to~at-deposi3~any_of .-i~s.waste in any transfer station in the event the landfill would ultimately close. Considering the amount of solid waste generated by the applicant same will provide an undue strain upon such transfer station(100-2640). VOTE OF THE BOARD: AYES: Messrs. Goehringer, Dinizio and Doyen. NAYES: Members Villa and Grigonis. (Members Villa and Grigonis felt the application should be denied in its entirety for several reasons: out of character with the area, there is a better profitable use to which this property may be used, excessive burdens on governmental facilities, etc.). This resolution was duly adopted with a 3-to-2 margin. lk RESTAURANT, FORMULA FoOD - A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms'* FA~T-FO~3E)' TAKE OUT - RESTAURANT, Eh~P~E--~N' ~ food restaurant, whose Any establishment other than a formula principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume State, usually · 'c or other dispo.s, al containers, for ~arved m paper, piaatJ ...... ~..ildma, elsewhere.on the ;;~sumpti~n within the restaura-~ ~- ~off the premises. premises or for carryout for consumption SHOPPING CENTER - A group of retall and service businesses archltectural and ~ite. design and which which have an integrated either a Supermarket or a have an anchor tenant consisting of department store if the anchor tenant encompasses a minimum of 25,000 square feet of area. Section 100-91{A)[7) [Use Regulations) of the Code of the Town of Southoid is hereby 'amended to read as follows: ' 7. Restaurants, excluding formula food and take out restaurants. ~~l~~ is hereby added to read as follows: ........ ided in accorda.nce Area a be located within reasonable walking distance of the site, or 300 feet whichever is less. development of municipal parking The improvement O.rsf this requirement- .The adequacy e ed to sail y b the may b u.s . ,-:-- ~ I be datermlne~ Y . _.. of municipal p, ar~n~j .~,~,al ,~ ;*~ site plan review planning BoarCt as par-~ ..... a parking survey of the Pcar~Z~idtUyreofbYth~°nedx~sCttii~ngg. municipa! parking, ar,e_a t~Z accommodate the projectec~ increase ,in usage Qua tu introduction of the subje, ct land use. An assessment of the pctenti'al traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O, Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Tetephone (516) 765-1938 March 29, 1994 Charles R. Cuddy Attorney at Law 180 Old Country Rd.(Rte. Riverhead, NY 11901 Re: Proposed site plan for Burger King Restaurant SCTM 1000-122-7-3.1 Dear Mr. Cuddy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 28, 1994: WHEREAS, Cofam Realty Co. is the owner of the property known and designated as the site for Burger King Restaurant, located at Main Road, Mattituck, SCTM~ 1000-122-7-3.1; and WHEREAS, a formal application for the approval of this site plan was submitted on May 25, 1993; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, and issued a conditional Negative Declaration on November 15, 1993; and WHEREAS, all conditions in the Negative Declaration of November 15, 1993 have been met; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on December 16, 1993 and confirmed for the above project on March 30, 1993; and Page 2 Proposed site plan March 29, 1994 for Burger King Restaurant WHEREAS, the Planning Board had requested that a declaration of covenants be filed, that there be no buildings or structures forward of Site furthe~ the ~ the front line of the building shown on the and and the applicant has filed the requested declaration of WHEREAS, covenants with the County as shown on the final suryey dated, as last revised on March 22, 1994; and WHEREAS, this site plan.was certified by Thomas Fisher, Building Inspector, on March 28, 1994; and WHEREAS, this site plan was reviewed and accepted by the Zoning Board of Appeals on March 28, 1994; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and now therefore BE IT RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated March 22, 1994, subject to a one year review from date of building permit. Enclosed please find a copy of the survey which was endorsed by the Chairman. Please contact this office if you have any further questions. Sincerely, Chairman enc. cc: Thomas Fisher, Building Inspector in Charge Scott Russell, Board of Assessors Gerard p. Goehringer, Chairman, Board of Appeals 11 ,,MCCocktail Party" ! ~ Saturdav, lune 24 - 5:00-7:30 p.m. I .... ' ~ ~? 910 New Suffolk Avenue, Mattituck (Look for the balloons) II ~ ~ LIVE MUSIC w~th Glenn Jochum and the Pine Barons ]] ~ ~ $20 per person (Donahon' for the legal fees to block fast food) ~ Call N.F.E.C. at 298-8880 for reservaUons and directions We deserve a break today: I]Help us send THE MESSAGE to our Town Board and all Fast Food CorporaUons YES -I would like to atte. d the party. Included is a check for__ person(s) at $20 per person (Check included) I can't go to the party, but enclosed ,s my donaUon of $10 $20 $35 $50 $100 $ other__ -- _ Name __ __ Addre~ ------ --- II ~~.-~-~~,:~~~~ Submission Wtthont a Cover Letter Sender: Snbjeet: SCTM#: 1000- /ZZ-7-$.! ¢o~p~,'~-' Comments: i ~c/f J~ j~z/n$ PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3t36 TeJephone (516) 765-1938 ~vlay ~;~, 1995 Anthony M. Liedtke Hunt-Liedtke Management, Inc. 10 Rabro Drive Hauppauge, Ny 11788 RE: Proposed McDonald's Restaurant Route 25, Mattituck Dear Mr, Liedtke, This letter will confirm the Planning Board's approval of the change in the approved site plan from concrete walks to brick. If you have any Questions, or seek to make additional upgrades to the site please contact this office, Richard (3. Ward Chairman cc: Thomas Fisher, Senior Building Inspector Jom. t. han l~binovlt, z Fast Food Stirs Fear For Future THE NBW YORK TIMF. S LONG SLIND PLANNING BOARD MEMBERS Richard G, Ward, Chairman George Ritchle Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1995 Charles R. Cuddy Attorney at Law 180 Old Country Road (Rte. P.O. Box 1547 Riverhead, NY 11901 58) RE: Proposed Site Plan for McDonalds Restaurant Main Road, MattiLuck Zoning District: General Business SCTM# 1OOO-122-7-3.1 (B) Dear Mr. Cuddy: This is a reminder that the Planning Board has not received any sketches of the signs that your client plans to place at the restaurant. We would appreciate receiving a sketch, to scale, showing colors of all signs to be placed at the site. The Board favors the type of sign Corporation at its Stowe Vermont leaf. used by the the McOonalds location; cut Wood with gold Enclosed is a photo of that sign. We feel that such a sign would be an attractive addition to the proposed building. Cha i rman cc: Thomas Fisher, Senior Building Inspector In Charge OF THE ENGINEEE (~ 1g)-765-3070 MAY 2, 1995 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: McDonalds Restaurant Main Road, Rte, 25, Mattituck SCTM #: 1000-122-7-3.1 Dear Mr. Ward: The installation of the site drainage system for the above referenced project has begun, During my initial inspection of the project, the contractor pointed out that there is a drainage problem on Old Main Road immediately adjacent to the southerly side of the site. It appears that when the site was originally re-graded, the heavy trucks and equipment entering and leaving the site may have severely cracked the pavement and caused some settlement in the existing road surface. After the early morning rain there was a deep puddle stretching across the road that was at least one hundred feet long. I have reviewed this situation with Mr. Jacobs and he has assured me that a puddle of this size did not exist prior to the construction activity. Can the Planning Board request the developer to resurface that short section of road and provide additional drainage to eliminate the puddle, The present condition of the road during rainy days could be considered hazardous for vehicles as well as the pedestrian traffic that the restaurant might generate, If you have any questions information regarding this'matter, cc: Raymond L. Jacobs (Superintendent of Highways) or require any additional please contact my office. P~NNING BOARD Planning Board Town of Southold Main Road Southold, NY 11971 ATTOHNEY AT LAW 1~00~ GO~N~Y ~0~ (~TE. P. O, BOX 1547 ~VmEAD, ~ 11901 April 7, 1994 Re: Cofam Realty Co. (Tax Map #1000-122-7-3.1) Dear Members of the Planning Board: I have been made aware of a letter dated April 1, 1994, from the North Fork Environmental Council concerning the approval for a fast food restaurant to be operated by Burger King at the above site. I strenuously object to the statements that the applicant misled any government agency and in particular the Planning Board, and confirm to the Planning Board that an appllcation was made, has been pending and continues to be pending for approval of a Burger King restaurant at the above site. My client expects to proceed to construct a restaurant and operate it as has been indicated in numerous appearances before the Planning Board. Undoubtedly, the opponents of site plan approval were hopeful that both the extended time and expense in the one (1) year approval process would not merely deter the applicant, but defeat its continuing with this application. Now that site plan approval has been granted and a building permit issued, they have taken a different tact and challenge the bona fides of the applicant's business venture. By so doing they go beyond the bounds of propriety and deliberately interfere with the business relationship of the parties and their securing final approval for a franchise. The site plan process does not open the door to an inquisition. The opposition's setting standards for a business operation to process a franchise application and then complaining that their standards have not been met is nothing more than Quixote jousting with windmills and then declaring victory. I wish to assure the board that not only was a franchise application made, but that the applicant looks forward to obtaining approval and has invested a considerable sum to proceed to this point and anticipates the operation of a Burger King restaurant at the site. While I do not retract for one moment any statement made in connection with this application or in this letter, I again Planning Board Town of Southold April 7, 1994 Page 2 point out that it is the use of the real property and not the user which comes before both the Zoning Board and Planning Board. Of course the real aim of the April 1st letter is to raise an issue, any issue, to reopen the approval process, cause further delay with the hope that a zoning amendment will be passed in the interim which will prohibit a fast food restaurant at this site. It is increasingly apparent that any means to that end is acceptable. It isn't. I submit that both on the facts and the law there is no basis for reconsidering the Board's decision approving the site plan. CRC:ejc Very truly yours, Charles R. Cuddy~ NORTH FORK £NVIRONId£NTAL COUNCIL Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880 April 1, 19 rman Richard Ward Southold Town Planning Board Southold Town Hall Southold, NY 11971 Dear Chairman Ward and Members of the Planning Boa~ The North Fork Environmental Council (NFEC) would like to reiterate the concerns expressed Monday, Ma. rch 28, 1994 regarding the approval of the s~te plan for Burger King. For over one year the applicant has stated that a Burger King restaurant would be built at the site. signage and architectural concerns were all based on the understanding that a Burger King was opening. At the meeting, Charles Cuddy, attorney for the applicant, stated that he represented the owner of the property and his partner, a local Burger King franchisee who would be operating the restaurant in Mattituck. However, in discussion with Burger King Corporation, we learned that they had no knowledge of any proposed Burger King restaurant in Mattituck. Furthermore, no approval had been granted to any franchisee to open such a restaurant. As we stated at the meeting, the NFEC believes that the site plan approval should not have been granted under these circumstances. The applicant has misled the Planning Board and the people of Southold by stating that Burger King would be opening in Mattituck. In fact, the site plan that has now been approved is for a generic fast food restaurant. The applicant can now "shop around" for an operator; as long as they are willing to conform to the restrictions of the approved plan, any fast food corporation can open on the site. We are dismayed that the Planning Board granted this approval, under these misleading conditions. We believe that the Planning Board should, at the very least, have held this decision for a few days while this issue was investigated. With this decision, the Planning Board has sent a message that applicants can feel free to file incomplete disclosures and mislead the government if it will facilitate the processing of an application. a non-profit organization for the preservation of land, sea, air and quality of life printed on 100% recycled paper It is immaterial whether or not the Planning Board would have granted this approval if it had known the true circumstances all along. The issue is that the true circumstances were not made known, the applicant misled the Board, and approval was granted anyway. This is not our understanding of the way our government is expected to act. We ask that you reconsider your decision. Sincerely, for the North F6rk Environmental Council PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 1994 Charles R. Cuddy Attorney at Law 180 Old Country Rd.(Rte. Riverhead, NY 11901 Re: Proposed site plan for Burger King Restaurant SCTM 1000-122-7-3.1 Dear Mr. Cuddy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 28, 1994: WHEREAS, Cofam Realty Co. is the owner of the property known and designated as the site for Burger King Restaurant, located at Main Road, Mattituck, SCTM# 1000-122-7-3.1; and WHEREAS, a formal application for the approval of this site plan was submitted on May 25, 1993; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, and issued a conditional Negative Declaration on November 15, 1993; and WHEREAS, all conditions in the Negative Declaration of November 15, 1993 have been met; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on December 16, 1993 and confirmed for the above project on March 30, 1993; and Page 2 Proposed site plan for Burger King Restaurant March 29, 1994 WHEREAS, the Planning Board had requested that a declaration of covenants be filed, that there be no buildings or structures forward of the front line of the building shown on the approved site plan dated, as last revised on March 22, 1994 and no further building, structure or other improvement may be made at the property described in Schedule "A" without the approval of the Town of Southold Planning Board; and WHEREAS, the applicant has filed the requested declaration of covenants with the County as shown on the final survey dat~, last revised on March 22, 1994; and as WHEREAS, this site plan was certified by Thomas Fisher, Building Inspector, on March 28, 1994; and WHEREAS, this site plan was reviewed and accepted by the Zoning Board of Appeals on March 28, 1994; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and now therefore BE IT RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated March 22, 1994, subject to a one year review from date of building permit. Enclosed please find a copy of the survey which was endorse~ by the Chairman. Please contact this office if you have any further questions. Sincerely, Chairman enc. cc: Thomas Fisher, Building Inspector in Charge Scott Russell, Board of Assessors Gerard P. Goehringer, Chairman, Board of Appeals Gxq_a~s R. C~3DDY 180 OLD COUNTRY ROD (RTE, 58) Rllr~a~I-I~a/), INrY 11801 March 25, 1994 Town of Southold Planning Board 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: cofam Realty (Burger King) Gentlemen: Enclosed is a copy of the highway work permit issued by the NYS Department of Transportation for this application (Burger King). Please make this part of your file. CRC:ejc Enc. Very truly yours, Charles R. cudd~ PLANNING BOARD .~PARTMENT,,~ OF TRAN~RTATION · 'HWAY WORK PERMIT Project Identification No.: * Completion Date: SH No.: Expiring Deposit Rec. for $ ,; Check or M.O. No,: [ Dated: ti ~ Cost of Work Performed in the State Right-of-Way $: E~;,~mated~ - Chargeable to Bond No.: or Undertaking on File: 8181 73SB10086 Return of Deposit Made Payable to: (coapme if ~ ~, ~ &Traffic Law permismon is hereby granted to the permittee to: rH ~0 RT.25 E/O BRAY AVEr ~ATTITUCK (BURGER KING) TO ~RAINAGE,A LEFT TURN LANM pavement widening,etc. 2 fOR ASOBE,ETC.MAINTENANCE AND PROTECTION OF TRAF HE PERMITTEE AT ALL TIMES UNTIL COMPLETION AM]) ~TC PROTECTION OF TRAFFIG. ~N ADDITION ANYBODY WOR~NO THE RIGHT OF WA~IS REQUIRED TO WEAR A HARD HAT AND A REFLECTIVE SAFETY VEST. ANYONE WORKING WITHIN TH R.O,W. WILL WEAR HIGH VISIBILITY APPAREL (ORANGE/YELLOW) AND HARD HAT. t( Municipality- SOUTHOLD Route#- 25 ~ attached application at t,e particular location or area. or over the routes as stated therein, if required; general or special, and meth~eds of performl~ii~Ork, if any; a~lof which are set forth in th ,NY r ./;" 4 C~;llillm~e r of_~TJ;ansporta~ B~ %ITO F. LENA IMPORTANT g (or copies thereof) attached shall be placed in the hands of the contractor before any work NOTICE: Before work Is started and upon Its completion, the permittee absolutely must notify the Resident Engineer. JOHN YOUNGMAN THE FOLLOWING WILL BE COMPLETED AND SIGNED BY THE PERMII I~-E AN Work { DATE Refund of desposit or return of bond or reduction of amount charged against bond or oepomt on file for this permit whichever is appropriate, requested. PERMITTEE AUTHORIZED ~ENT (if A~ly) the Resident Engineer will sign the foll~,~ing and forward to the Region end is accepted (Reverse side of thle form muat be completed)~' ~ O~me with. the appropriate box checked. be cancelled. REGIONAL TRAFFIC ENGINEER permit, at its discretion without a hearing or the necessity of showing remain attached hereto until al work under thepermif is satisfacto~ APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fs.x (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Valerie Scopaz. Senior Planner Jerry Goehringer. ZBA March 28. 199q Your Memo of March 25. 19gq - Cofam Realty (Sp. Exc. ) Final Map. with Updates In response to your memo. please let this, confim that the finar map furnished by you for review has been accepted by the Board of Appeals and is in conformance with the Special Exception granted on December 13. 1991. For the purposes of Condition No. 5 of the Special Exception. this map has been reviewed for updating purposes and made a permanent part of the ZBA record. Thank you for your coordination of, this map with our department. A separate letter has b::.": forwarded to Mr. Cuddy. attorney for the owner-applicant, for their information and file. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett OHowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: From: Date: Re: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Valerie Scopaz, Senior Planner March 25, 1994 Burger King Restaurant We just received the latest revised site plan for this application. This final site plan is being referred to the Zoning Board in pursuant to the conditions of the Zoning Board's Special Exception for this property. I PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1 t79 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 15, 1994 Charles R. Cuddy Attorney at Law 180 Old Country Road (Rte. P.O. Box 1547 Riverhead, NY 11901 58) RE: Proposed Site Plan for Bbrger King Restaurant Main Road, Mattituck Zoning District: General Business (B) SCTM# 1000-122-7-3.1 Dear Mr. Cuddy: This letter will confirm the Board's review of the above referenced project with you at its work session of March The following was discussed: 14,1994. 2. 3. 4. Outdoor light poles will be twelve feet high. Shielding will be provided on all outdoor lighting. Dumpster to be moved to west side of property. A new ground sign will be developed. In addition to the above, you will develop a covenant and restriction indicating that any future additions or improvements will be behind the set back line of the proposed building and will require Planning Board approval. BOX~S~HaV 9 MUST a~ TYP~DI SUFFOLK COUNTY CLERK 11669P 640 L/P# Number of pages TORRENS Serial # Certificate # Prigr ~ P~NTED IN BLACK INK ONLV_~ 21 [RIOR TO RECORDING OR FILING Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 I FEES Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other -Stamp  FEE PAID BY: Cash OR: 5 00 Sub Total Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist Section Block Lot ~000 ~22.00 07.00 003.00~ Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX Dual Town Dual County __ Held for Apportionment __ Transfer Tax Mansion Tax . - The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Title Company Information Company ~ame Title Number __Check x Charge Payer same as R & R__ Charles R. Cuddy, Esq. ~80 Old Country Road PO Box ~547 Riverhead, NY ~90~ RECORD & RETURN TO fADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached COFAM REALTY Declaration of Covenants made by: (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of SOUIHOLD In the VILLAGE MATTI TUCK or HAMLET of 1994, by COF~ RE~LT¥, DECLARATION OF COVEN]%NTS This DECLARATION made and dated this 23rd day of March, a partnership with an office at 4623A Sunrise Highway, "Declarant". Bohemia, New York, hereinafter referred to as WI TNES SETH : WHEREAS, the Declarant is the owner in fee of the real property described in Schedule "A" attached hereto and made a part hereof; and WHEREAS, an application for site plan approval for the property described in Schedule "A" has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board of the Town of Southold deems it advisable and in the best interests of the Town that Declarant impose certain covenants upon said real property, NOW, THEREFORE, in consideration of the grounds, the Declarant declares that the above described real property is held subject to the following covenants: 1. There shall be no buildings or structures forward of the front line of the building shown on the approved site plan dated March 26, 1993, and last revised March 22, 1994. 2. No further building, structure or other improvement may be made at the property described in Schedule #A" without the approval of the Town of Southold Planning Board. These covenants shall run with the land and can be modified only at the request of the then owner, with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to any such modifications shall not be required. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. COFi%M RF~LTY / ~Stanle~ Cohen) COUNTY OF SUFFOLK) On this ss.: day of/~ , 1994, before me personally came STANLEY COHEN to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. CHARLES R. CUDDY Notary Public, State of New York No. 5872225 Qualified i,~ Suffolk COu~y Commission Expires D~cember 31,199~ GHARLE$ 1~. ATTOI~NI~Y AT LAW 180 OLD GOIXNTHY ROAD (RTE. P, O. BOX 11547 i~/VEi~I-IEAD, ~ 11901 March 23, 1994 Mr. Robert Kassner Town of Southold Planning Board 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Cofram Realty (Burger King) Dear Mr. Kassner: Attached hereto are three (3) copies of the site plan, as lastly revised on March 22, 1994, each of which has been endorsed by the Suffolk County Department of Health Services. CRC:ejc Encs. jj~NFNNHOLD TOWN lNG BOARD DATE: SENDER: SUBJECT: SCTM#: COMMENTS: SUBMISSION WITHOUT COVER LETTER /)..~ - 7-3. I