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HomeMy WebLinkAbout4050 . jai ,ten �o �o f?/./.�.17E�ce. 4,�iG/9� '�O /rCCE3'Soei/ �S ES- G�.2i l=i C'.4Tie-✓ o.✓ Ld'd J .PCc.e..vC� on/# �3loTS� ff'T'L.— L' � I Main Street Feb. 4, 1960 Southold, NY Page 5 GRANTED special exception for additional advertising sign on front of Mullen Motors building, Southold, subject to conditions on Page 7. i APPEALS BOARD MEMBERSs (, ? SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. ' P.O.Box 1179 James Dinizio Jr. r r ' �i Southold,New York 11971 Robert A.Villa -:, '9 =_� � � r�. Fax (516)765-1823 Telephone(516)765-1809 :A c,L Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. 4050: Application for RICHARD. MULLEN, JR. Variance to the Zoning Ordinance, Article X,. Section 100-101C1, for approval of two concrete vehicle-display pads located in the northerly front 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; Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zone and planning for existing uses) . WHEREAS, a public hearing was held on September 26, 1991 and at said hearing all tho$e 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, 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 19, 1987; (b) No. 3674 rendered November 18, 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 accessory buildings, all as shown on the site plan prepared June 15, 1987 ,- Page 2 - Appl. No. Matter of RICHARD ALEN, JR. Decision Rendered September 26, 1991 by Antonucci & Lawless of Yonkers, New York. 2. This application is concerning two concrete pads of a size 7 ft. wide,,x 20 ft. deep located in the northerly front yard area northerly of the existing principal building with new showroom addition. The concrete pads are at ground level and not higher than the level of the existing curbing along State Route 25 ( see ZBA' s photographs submitted for the record) . This area is therefore not defined as "building area." The two concrete pads are within that area sectioned off for non-traffic purposes (restricted for off-street parking) . 7 3 . All other structures/uses and amenities are as surveyed and depicted on the August 13 , 1991 map prepared for Mullen Motors, Inc. by Peconic Surveyors, L.S. (ID 491-224) . 4. For the record, it is also noted: (a) that 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) parking 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 --.18, 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 will not be adverse or create a dangerous or adverse condition, and will not 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 application, the Board also finds: (a) that 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 . 7"65 b Matter of RICHARD MULLEN , JR. Decision Rendered September 26 , 1991 comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief herein will not create a substantial increase in business use or use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from the requirements is limited to an outside display area of approximately 280 sq. ft. (two V x 20' concrete pads) , which is minimal under the circumstances; (e) in considering all of the above factors, the interests of justice will be served by granting minimal 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, one 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 OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk r� GERARD P. GOEHRINGER, CHA age 3 - Appl . No . Toss Matter of RICHARD MULLEN., JR. Decision Rendered September 26 , 1991 comfort, convenience or order of the town, or be adverse to neighboring properties; 4- (c) that the relief �ierein will not create a substantial increase in business use or use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from 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 of justice will be served by granting minimal 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, one 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 OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRINGER, C71MAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE- /,6 I9,/� HOUR S :dS a M Town Clerk, Town of. Southold APPEALS BOARD MEMBERS SCOTT L.HARRIS ,.� Supervisor Gerard P.Goehringer,Chairman I �!� Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. t� P.O.Box 1179 James Dinizio,Jr. " � '` ' Robert A.Villa " _>` _' ..;�i' " Southold,New York 11971 =''%��' a X;yy,� ' Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 26, 1991, commencing at the _I . times specified below: (1) 7: 30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, JR. Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear- of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business-B. Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. ( 2) 7 : 35 p.m. Appl. No. 4049 . MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is Page 2 - Legal Not: Hearings for September 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) `7:40 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. I ( 5) 7: 45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1. ( 6) 7: 48 p.m. Re: Appl. No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to- the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager' s quarters, with conditions. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23 .. (7) 7: 50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone r Aff District. Location of Property: Corner of the south side of Main Bayview Road and the east ;side of Williamsburg Drive (private road) , Southold, NY; County Tax Map Parcel No. 1000-78-5-12. ( 8) 8: 00 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991) . Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, ( 2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. ) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of . zoning) . ( 9) 8 :10 p.m. Appl. No. 4050 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front 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, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use) . ( 10) 8:15 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33 , and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right=of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals.will at said time and place hear any and all persons or representatives desiring to be heard in the above -matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 9/ /91 L.I . Traveler-Watchman For Publication TOWN OF SOUTH OLD, NAV E'AbR9 V E D ,gyp y APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL �O. AUG 23 'l9�i DATE . .. .�7`..�............... Sosulholi Town ok TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..Richard Mullen,...Jr...........................of ......Main Road..Southo�.d................................ Name of Appellant Street and Number Town of Squt. 4�d..................................................... New . ..XQ-gk.........HEREBY APPEAL TO ............. . Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..... y APPLICATION FOR PERMIT NO. .................................... DATED .....s�.. .���•d•••••••••••••••••••••••••••••••. WHEREBY THE BUILDING INSPECTOR DENIED TO .......Ri char d•Mullen.x..Jx...................................... Name of Applicant for permit of Main Road ...............„• Southold New York,..,,,...,,..,,,,.,. ......... . .............. ................... .... ....... Street. and Number Municipality State ( X) PERMIT TO USE Car Pads ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...........•....•........... Street /Hamlet / Use District on Zoning Map District 1000 Section 62 Block Lot 20 Current Owner Richard Mullen Jr. Map.No....................................... .Lot No.............. Prior Owner - v._.1 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.) Article j\ Section j 00"J Dl C, - 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( 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 Art. 16 Sec. 280A Subsection 3 (X ) Clarification of December 3, 1987 Resolution made under Appeal No. 3674 (copy enclosed) 4. PREVIOUS APPEAL A previous appeal (has) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( X) request for a special permit ( ) request for a variance 3674 •& •3675......Dated .....December 3,••1987„•••„•.••„•,„•„•......•••••• and was mode in Appeal No. .......... ••••••••••••••• REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance (x ) Clarification of December 3, 1987 Resolution made under Appeal No. 3674. is requested for the reason that Applicant would like to continue using the car pads on the premises, which pads are located between the addition to the building and the front property line. The December 3, 1987 Resolution under Appeal No. 3674 provided that there would be "no vehicles between the proposed addition and forward (to the north front property line) ." It is the appellant's position that the Board's intent at that time was to prohibit parking in front of the addition and not the display of automobilies that are for sale. The Planning Board has taken the position I am n �#' tx violation of the �xl��cR ��c>�rx�cecxucl�sd�rxsa�;$kprev ious ZBA decision and Site Pan approval . By this application I seek clarification of the ZBA's previous ruling. REASON FOR APPEAL Continued T 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it is customary for car pads to be placed outside of car dealerships, to show the public what is available. To be required to run a retail car establishment without such a provision would have a negative impact on business. To put show cars in the small parking area along .Cottage Place would decrease the small number of parking spaces available. Additionally, the show cars would not be set apart from other automobiles and would not attract the attention necessary to maintain the flow of business. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is the only car dealership on Main Road in the hamlet of Southold, and the lot is small for this type of business. Parking is already at a premium. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the concrete pads have existed on the site since late 1988. They have not caused any dangerous conditions by virtue of their location. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss Signature v RZCHARD .MULLEN, JR. Sworto this .... ........ ....... ......... ay of........ 1..[...............................:... 19�� ....... . . .. .... .. .. ... ........... ...... . ... ry Public O c'woof Nowwk NEWQ� /o d -10 Z o TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT 2 FORMER_-OWNER N E ACR. S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. `ZB. WISC. Mkt. Valuil LAND IMP. TOTAL DATE REMARKS / - c!- o ��o,r /P /S �� D o ozg1 1z a o V L 2 •C-gRd�e Axc-4- F(" G UJ2 9r-za Z e- L° c/ 3//I. n D - o037o r2jAc, CC -�CO I3o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH "d BULKHEAD Total DOCK � A - •'• pei +i COLOR TRIM M. Bldg. i� LG Y„71 J e S/ O O oundation `�Zj ���uJLexe, Bathd Dinette Extension o ��O Yasement Floors ,� �tit.�.h.c `� K. Extension Ext. Walls .t.F.,ti, ; Interior Finish r "�` LR. Extension Fire Place Heat n Z DR. Type Roof �.�.. .. � Rooms 1st Floor BR. Porch Recreation Roorr Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage Patio 0. B. Total �� a a TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB, LOT P FORMER,OWNER N ��jj/J E ACR. S W ,/� TYPE OF BUILDING RES. SEAS. VL. FARM COMM.�CB. 1SC. Mkt. Value LAND IMP. TOTAL DATE REMARKS o o So V / /S o-D D o a 6 a 2 G-U fry d- / 7%d /!f 3/�� p 0 J� �19�A ll Q,6TQ g,CL r•r I3o S o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE - `` FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 0 d House Plot DEPTH x BULKHEAD Total �, DOCK COLOR _ TRIM FF M. Bldg. LG y z v 0 a �/ / O o oundation Both d Dinette Extension d X S-D _ o ��.0 Vasem Floors ,y� CurLc h.c K. Extension Ext. Walls �r✓� Interior Finish �` �.� LR. Extension Fire Place Heat DR. Type Roof Rooms 1st Floor BR. Porch Recreation Roo Rooms.2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage Patio O. B. Total i MAIN -ROAD ( N. Y. S. RTE. NO. 25 ) o/d 100.00' bio ^slon� N. 87- 02' 00' E 04 • A J I u V I n - `-1�n a-Sls O W g° p o m Z o.s' O lfQl1 22 9' Corsi. n Rl M a I.OTD LTO 26.3 D^ w V .o b Idg . m ° rn 0,3or7G0 y o , m I¢.9,_ 50.1b o p e / Q,•f 2 a� • L 0 T NUMBERS ARE REFERENrF_D TO G �J I 60 OO'MAP OF PROPERTY OF JENNIE A. COCHRAN 'FILED /N THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 399. 11. 55, MU ao' W' �pT 33 fVEN' JR. P•r! r RO AREA = 18250 sq. ft. s• na,r IO�F RI G NA N Prepared in accordance wilh the minimum SURVEY FOR standards for Lille surveys as established by the L/ and approved and adopted MUL L EN MOTORS, INC for such usese by by The ew York Stale Land Tills Association. AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. �Lr1Mp$;� 1000 - 62 - 03 - 20 SCALE 201 0 A UG. 13, 1991 lir� TA M 0 W-/ ,— .S. LIC. NO. 49618 G IbEC (516)765 - 5020 ORS, P.C. P. 0. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 11971 ff Southold 'own Board* ®f Appeals MAIN ROAD - STATE ROAD- 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.,__ 3675 Application-"'Dated September 18 , 1987 TO: Mr . John Bertani , as Agent for RICHARD MULLEN JR. [APPellant (s) ] 1380 Oakwood Drive Southold , NY 11971 At a Meeting of the Zoning 'Board of Appeals. held on November 185 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 VII , .Section 100-71 , Bulk Schedule . . . . . . . . . . . . . . .[. .] . .Request for Application of RICHARD MULLEN_ JR. for ;Variance o the Zoning Ordinance , Article VII , Sect on 100- .1 , Bulk c e u e , for permission to construct showroom addition with an insufficient frontyard setback from the north property line . Location of Property : Corner of Main Road and t:he East Side of Cottage Place , Southold , NY ; County Tax Map .Parcel. No .. .1000-..62-3-.20 .and 19 . WHEREAS , a public hearing was held and concluded on Novem- ber 10 , 1987' in the Matter of the Application of RICHARD MULLEN JR. under' Application No : 3675 ; 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 . The premises in question is 1 ocated in the B-1 !Gdneral Business Zoning District and is 100 ' by 197 ' parcel of improved land identified on the Suffolk County Tax Maps as District 1000 , Section .62 , Block' 3 , Lot 20 . Abutting this property along the south side is other. land _ of the applicant herein- which has been the. subject .of prior Appeals No . 3608 rendered April 2 , 1987 and No . 3634 rendered June 30 , 1987 . 2 . The subject premises is improved 'with the principal one-story building used for car sales and repairs , and two existing acces.s.ory buildings , all as shown by site plan prepared June 15 , 1987 by Antonucci & Lawless , Yonkers , New York . (CONTINUED ON PAGE T-WQ ) DATED: December 29 1.987 . CHAIRMAN, SOUTHOLD- TOWN ZONING BOARD-. OF APPEALS Form ZB4 (rev. 12/81) 6. Page 2 - Appeal No . 3675 Decision Rendered November 18 , 1987 Southold Town Board of Appeals i 3. By this application , appellant requests a variance from the provisions--of Article VII , Section 100-71 , Bulk Schedule of the Zoning Code which requires a minimum front- yard setback at 35 feet . 4. The relief requested by this application is a reduction f1rom the present 33 . 5 feet for a 19 ' by 29 ' wide addition , to a setback at not less than 15 feet at the northea.st corner and with a setback of approximately 20 feet at' the northwest corner from the northerly front property line (along the Main Road ) . A 10-foot grass buffer area exists between the applicant ' s property line and the street line. The setback from the westerly front property line (along Cottage Place ) will not be reduced by this proposed project . 5 . In viewing the immediate area , it is noted that principal buildings in the area are set back off the Main Road at a_ similar or lesser setback than that proposed herein . 6 . It is noted for the record that although provision has been made for the residential zoning district under Article III , Section 100-33 of the Zoning Code for similar circumstances , no provision has been added under the B-1 General Business District which would permit the average setback of existing structures within 300 . feet on the same side of the street , same block ,. and same use district. 7. It is the opinion of this Board that the grant of this variance : (a ) will not cause a change in the character of this district ; (b ) wil'l not cause a substantial effect or detriment to adjoining properties; (c ) is the minimal. necessary and is n-ot substantial in relation to 'thos-e established in the immediate area; (d ) will be- within the spirit of the zoning ordinance . 8 . It was further .determined that : (a ) the circum- stances of the property are unique and are not personal `in nature ; (b ) there is no other method feasible for appellant to pursue other .than a variance ; (c ) in view of all the above factors , the interests of- justice will- be served by granting the variance , as conditionally noted below . Acco*rdin..gly , on motion by Mr. Douglass , seconded by Mr. Grigonis , it was RESOLVED , to GRANT the relief .requested under Appeal No . 3675 in' the Matter of the Application of RICHARD MULLEN , JR . for the construction .ofS, � one-story , 19-foot addition as shown on the June 15 , 1987 Site Plan prepared by Antonucci & Lawless , Architects and Engineers , and SUBJECT' TO THE FOLLOWING CONDITIONS: - 1 .` That the setback at the closest points be not less than 14 feet from the front (north ) property 1-ine [as applied] ; 2 . No vehicles between the proposed addition and forward (to--the north front property line ) . Vote of t-he Board : Ayes : Mz.ssrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . lk GERARD - y GO HINGER, � Rl MAN December 2 , . 1987. ti ; 1 P ANNING B D MEMBERS SCOTT L. HARRIS�y 3rq .iw�„�-• . r Be rlowski, Jr., Chairman �'�` " Supervisor George Ritchie Latham, Jr. A✓��I/J Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November. 19, 1991 .- _. . . Richard F. Mullen, Jr. J Mullen Motors Main Road Southold, New York 11971 Re: Amended Site Plan for Mullen Motors S/E/c Main Road and Cottage Place, Southold SCTM # 1000-62-3-20 Dear Mr. Mullen, Jr. : The following resolution was adopted by the Planning Board at its public meeting on November 18, 1991. BE IT RESOLVED, that pursuant to the Zoning Board of Appeals' decision of September 26, 1991 (Appeal No. 4050) the Planning Board hereby amends the approved site plan for Mullen Motors that was endorsed on October 31, .1988, by allowing the addition of two concrete pads between the front of the showroom and State Route 25 (Main Road) . The pads may be. used only for the purpose of showcasing cars for sale. Please submit a revised copy of the site plan that shows the location of the two concrete pads for our files. If you have any further questions, please contact the ' office. Sincerely, C Bennett Orlowski, Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals ✓ Victor Lessard, Principal Building Inspector .Vincent Wieczoreck, Ordinance Inspector Harvey Arnoff, Town Attorney A y SCOTT L. HARRIS PLANNING BOARD MEMBERS O � # Bennett Orlowski, Jr., Chairman Supervisor .�'` George Ritchie Latham, Jr. �����`( Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. McDonald Y Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 19 , 1991 Richard F. Mullen, Jr. ' v' ') Mullen Motors Main Road Southold, New York 11971 Re: Amended Site Plan for Mullen Motors S/E/c Main Road and Cottage Place, Southold SCTM # 1000-62-3-20 Dear Mr. Mullen, Jr. : The following resolution was adopted by the Planning Board at its public meeting on November 18, 1991. BE IT RESOLVED, that pursuant to the Zoning Board of Appeals' decision of September 26, 1991 (Appeal No. 4050) the Planning Board hereby amends the approved site plan for Mullen Motors that, was endorsed on October 31, 1988, by allowing the addition of two concrete pads between the front of the showroom and State Route 25 (Main Road) . The pads may be used only for the purpose of showcasing cars for sale. Please submit a revised copy of the site plan that shows the location of the two concrete pads for our files. If you have any further questions, please contact the ' office. Sincerely, Bennett Orlowski, ir. 7"3 Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector .Vincent Wieczoreck, Ordinance Inspector Harvey Arnoff, Town Attorney PLANNING BOARD MEMBERS Richard G.Ward, Chairman ' f Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. ., .` ,<<, ,` Southold, New York 11971 Mark S. McDonald 0.J'`� W, .� ,^'� Fax(516)765-3136 Kenneth L. Edwards ` � '' Telephone(516)765-1938 mac-- PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAR 2 9 TO: Thomas Fisher, Senior Building Inspector In Charge FROM: Richard G. Ward, Chairman 4 RE: Mullen Motors S/Ec Main Road and Cottage Place, Southold Zoning District: General Business (B) SCTM# 1000-62-3-20 DATE: March 28, 1995 It has been brought to this Board's attention that the variance granted by the Board of Appeals on September 26, 1994, permitting two concrete pads 7 ft. by 20 ft. for the display of two cars in the front yard has been violated. The entire front landscaped area has been recently paved over. Consequently, the site is in violation of its site plan as well. Your verification and enforcement of the above variance and site plan violations would be appreciated. cc: Gerard P. Goehringer, Chairman Board of Appeals �Vfrr�j, - o P ANNING B D MEMBERS us SCOTT L. HARRIS Supervisor Be rlowski, Jr., Chairman �.� � • Sup ' George Ritchie Latham, Jr. Town Hall, 53095 Main Road Richard G. Ward Mark S. McDonald P.O. Box 1179 Kenneth L. Edward. PLANNING BOARD OFFICE s Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November. 19, 1991 ' Richard F. Mullen, Jr. >'F' Mullen Motors Main Road Southold, ' New York 11971 Re: Amended Site Plan for Mullen Motors S/E/c Main Road and Cottage Place, Southold SCTM # 1000-62-3-20 Dear Mr. Mullen, Jr. : The following resolution was adopted by the Planning Board at its public meeting on November 18, 1991. BE IT RESOLVED, that pursuant to the Zoning Board of Appeals' decision of September 26, 1991 (Appeal No. 4050) the Planning Board hereby amends the approved site plan for Mullen Motors that was endorsed on October 31, 1988, by allowing the addition of two. concrete pads between the front of the showroom and State Route 25 (Main. Road) . The pads may be used only for the purpose' of showcasing cars for sale. Please submit a revised copy of the site plan that shows the location of the two concrete pads for our files. If you have any further questions, please contact the office. Sincerely, Bennett Orlowski, r.�`'S Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector .Vincent Wieczoreck, Ordinance Inspector Harvey Arnoff, Town Attorney r��x COUNTY OF SUFFOLK -- ------- -- - PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE l DEPARTMENT OF PLANNING R H _- -- ARTNU . KUNZ DIRECTOR OF PLANNING October 16, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to ,the Suffolk County Planning 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 Numbers) Homayuni/Kapotes 4009 L,-Mullen, Richard Jr. 4050 Hands, Jr., William A. 4054 Very truly yours, Arthur H. -Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. U.. NEW YORK 11788 (516)360-5192 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman A v- Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen Jr. P.O.Box 1179 James Dinizio,Jr. t'� Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 �y Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 23 , 1991 Eric J . Bressler , Esq . Wickham , Wickham & Bressler , P. C. Main Road , Box 1424 Mattituck , NY 11952 Re : Appl . No . 4050 - Richard Mullen , Jr . (Appeal ) Dear Mr. Bressler: Attached is a copy of a letter received from the Suffolk County Department- of Planning in reference to the above numbered application . Very truly yours , GERARD P. GOEHRINGER TR CHAIRMAN Encl . -•,. it � d,��� APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles ,Gri onis Jr. ��� ' g �. � � + i' Town Hall, 53095 Main Road Serge Doyen, Jr. ' ? %ray'" P.O. Box 1179 Southold, New York 11971 Iames Diinizivol,1 Jr. a BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765'1�09 TOWN OF SOUTHOLD Telephone (516) 765-1800 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 Suffol"k County Planning Commission : X Variance from the Zoning Code , Article X Section 100-101C Variance from Determination of Southdld Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 4050 " Applicant : Richard Mullen , Jr: Location of Affected Land : Cottage Place &S/S Main Road , Southold County Tax Map Item No . : 1000- 62-3-20 and 19 Within 500 feet of: Town or Village " Boundary Line Body of Water (Bay , Sound or Estuary ) X State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: A p p 1 i cant i s r e q u e s t i ng ->wixsxskixogxxtxoc approval of concrete v-g-h-i and 'clarification of ZBA Appl 3675 and 3674 Copses of Town file" and related documents enclosed for your review. Dated : October 9 , 1991 APPEALS BOARD MEMBERS � SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman y 3`, r �! Charles Grigonis,Jr. --z Town Hall,53095 Main Road t Serge Doyen,Jr. P.O.Box 1179 Y ? � �r James Dinizio,Jr. , Southold,New York 11971 Robert A.Villa ` °%'A, "" ,�. Fax(516)765-1823 Telephone(516)765-1809r Telephone(516)765-1800 BOARD OF APPEALS 'TOWN OIF SOUTHOLD October 8, 1991 Eric J. Bressler, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 cos-8 Re: Appl. No. 484-r - Richard Mullen, Jr. (Appeal) Dear Mr. Bressler: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A-copy of this decision has simultaneously been transmitted to the Planning Board and Building Inspector this date for their files and update. Very .truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Planning Board .Building Inspectors APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman h� y \ Charles Grigonis,Jr. -�� Town Hall,53095 Main Road Serge Doyen,Jr. CA P.O.Box 1179 1 James Robert A. i a O Southold,New York 11971 Robert A.Villa '�?+�! �a0� Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD September 12 , 1991 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4050 Project/Applicants:, Richard Mullen , Jr. County Tax Map No. 1000— 62-3-20 Location of Project: 56120 Main Rd . & 45 Cottage Place , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Construct display area in front yard 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions.. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me Page 14 - Appl . No . 4050 Richard Mullen , Jr. Hearing Transcript of September 26 , 1991 Appl . No . 4050 - RICHARD MULLEN , JR. The Hearing opened at. 8: 14 p .m. The Chairman read the legal notice for the record and application before receiving testimony. I have a copy of survey done by Peconic Surveyors P . C. most recent 'date is August 13 , 1991 indicating the front area of this building which was the nature of those two last decisions and the concrete slab that were installed within the grass area adjacent to state road 25 . I have a copy' of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would Mr. , Bressler like to heard concerning this application? Nice to see you sir , how are you? MR. BRESSLER : I ' d. .1 i ke. to speak i n favor of .the.' app.l i cation . ERi c J . Bressler of_ Wi.ckham ,,,. Wi.ckh.am.._ & Bre.ssler , P:._C. , Main Road , Mattituck 11952 . If it would please the Board , _the technical question tonight is as stated by the Chairman in the legal notice . However , the real question before the Board is whether or not this Board is going to permit Mr . Mullen to have competitive equality with similar in the area and consequently , whether or not Mr. Mullen is going to have a fair chance to survive in the business context. I think that while we can address the technical aspects of the question , the real questions are as put and that is because the business that Mullen is in , automobile sales , is a rather peculiar type business . As the Board is probably aware , much of the- activity comes as a result of advertising , rather looks , if you will , is key to what the public sees on the lot in front of the showroom and whether or not people are intrigued enough basically , to go to this business , go on the property and try to make a deal with Mr. Mullen . What he is asking for tonight is no more or no -- less than every other dealership up and down the North Fork has and that is an opportunity to display his wares both in the showroom and ..in front of the showroom. I have for the Board ' s consideration a series of photographs taken of both Mr . Mullen ' s place of business and other places of -business which I would like to lay before the Board. The first photograph shows a frontal view looking across Route 25 of Mr. Mull.en ' s business as presently exists . The Board.. will note that there are two pads in front of the showroom which are occupied by vehicles . Immediately behind is the showroom itself and on careful examination , it can be .-seen that there is a vehicle within the showroom but it is equally obvious from even a quick look at the picture , -those vehicles within the windows of the showroom are not readily visible to passersby. The next photograph -is a t: r Page 15 - Appl . No . 4050 Richard Mullen , Jr. Hearing .Transcript of September 26 , 1991 MR. BRESSLER : Continued a photograph taken of the Wells automobile dealership in Peconic , also on the Main Road . This is a picture taken looking east toward the dealership and down the Main Road. The Board will please note in this photograph tKat the Wells dealership also has a showroom with large windows and vehi.c.les'. .are: *ho.used. i.n.side. .the, showro-om. In addition , the Wells dealershi.p' h.a.s .display. vehicles on what appears to be a concrete apron between ' the curbed edge of the Main Road and the building. The Board will further note that these ' display vehicles appear to be roughly the same distance from the actual roadway as Mr. Mullen ' s, The third photograph is. one of what is now the Garsten or one branch of ,the Garsten Kinney dealer- ship , what was formerly the Kinney dealership on the Main Road and that would be what is now the easterly of the combined dealership . Again , the Board will note that there is a showroom with windows and vehicles inside , but there are also display vehicles parked out on the apron rather closer to the road than either Mr.. Mullen ' s. or Mr .. Wells ' vehicles . The next photograph is one Of., Peconic Bay Motors , also on the Main Road in Riverhead and the Board will note the usual , the window showroom with vehicles inside , although they are readily ascertainable from the photograph and a series of pads with vehicles in the front grassy area between the building and the Main Road. Again , the distances are not materially different from those of Mr. Mullen ' s . The next photograph is one of Herb Obser Motors on Rt. 58 in Riverhead looking from across the street. The building contains large showroom windows with vehicles inside. In addition , in the grassy area between the parking area which Mr. Obser is fortunate enough to have , the Board will note that there are two vehicles parked in that grassy area , again much closer to the main highway than Mr. Mullen ' s vehicles . Riverhead Dodge appears in the next photograph which consists of a large brick building with showroom windows and display vehicles parked in a line in front of that building , again very , very close to the Main Road and the picture following that is the Nissan dealership in Riverhead with its new banner still out there , with vehicles again parked out in front , close to the highway. The last two photographs are of Riverhead Motors and the other branch of the Kinney Garsten conglomerate , if yo.0 will , and the Riverhead Motors photograph , shows that there is a large building and there . are showroom windows in it and there are a series of display cars parked out in front next to the Main Road , one of them up on some sort of metal con- traption , and a whole series of them parked virtually overlapping the sidewalk on tiie highway. The Garsten photograph shows a large building with showroom windows again and vehicles parked for display out in front. Certainly no surprises there to any one of the members of the Board who has traveled 'up and down the Main Road. .- I . think Page 16 - Appl . No . 4050 Richard Mullen , Jr . Hearing Transcript of September 26 , 1991 MR. BRESSLER : continued it is fair to say as a result of this , that automobile dealerships have both interior space for display of their wares , as well as exterior pads to highlight one or two , or in some cases , more vehicles to induce customers to come in for a sale . Thus , Mr. Mullen ' s request in the first instance , is completely consistent with the normal course of business in the area. Now , getting back to the technical aspect of this particular application , we are dealing with a prior determination -of this Board which contain the proviso regarding the vehicles and' the building line. I don ' t believe that it was the intention of this Board to create a situation where Mr. Mullen would be placed at a competitive disadvantage . Mr. Mullen has been at his location for approximately - 65 years . During that period of time he has served the Town of Southold and he has done so using the set up that has been demonstrated to the Board as is common to all dealerships , although before this application , I think it is the previous application , it was fair to say that he had a somewhat smaller , you might even say tiny interior display. After the last application he got something more akin to what the other dealers have , although it is still substantially smaller than any other dealers showroom. Prior to both applications he had exterior display and what he is looking for now are display pads for two vehicles . As I' stated , I don ' t believe that it was the intention or the focus of this Board on that type of padded display that was of concern . CHAIRMAN : Can I ask you a question Mr. Bressler? We also have taken pictures . The Main Road being a fairly ,busy road I did not measure from the double yellow line or in this particular case what line. is out there . To the edge of the property , it doesn ' t necessarily indicate the width of the main state road 25 at that point but the survey clearly indicates that the curbing which is in front of the building and is basically almost the property line , and therefore the asphalt which is in front of that curbing , is possibly a portion of the main state road. MR. BRESSLER: There is no doubt about that . That asphalt area now in good condition is technically part of the state right-of-way , although I don ' t believe motorists treat it as such . CHAIRMAN : For the record , when this decision was rendered back in ' 87 , as you know , it is sometimes difficult to visualize what an addition is going to look like . The reason for that particular decision and I ' m not speaking for the Board ,. I" m speaking only for the record , myself, so as not to impede any type of view at the stop sign area fn looking to the east and therefore , that. was my main concern . In dealing with the application now and looking at it I notice that since. you have that apron in front and you stop . you can proceed and get a fairly good view to the east before pro- ceeding in an easterly or westerly direction and 'that is of main concern to this Board in dealing with this appli-cation. . That is i , Page 17 - Appl . No . 4050 Richard Mullen , JR. Hearing Transcript of September 26 , 1991 CHAIRMAN : continued my main concern at this point. I do concur with you that pads don ' t have a negative effect upon that type of situation regard- less of what they do or don ' t do for the dealership . I see that they certainly do add an incentive from a business point of view but that is my main concern . Let ' s see what the concern of the rest of the Board is . MR. BRESSLER: Having stolen my thunder , I suppose there is not much else forme to say. What I was going to say was it was my belief that that was the concern of the Board and that the photo- graphs clearly showed Mr. Chairman what you have just indicated and that it is clear from a view of the site and the photographs that that problem is not present because of the unusual configuration of the Main Road. That ' s basically the thrust of our application and that was Mr . Mullen,' s understanding and we thought it was the Board ' s and now know that it was at least yours MR. Chairman . If any of the other Board members have a concern other than that or have a lingering concern that there is a traffic problem , I don ' t believe there is based on simple line of sight measurement , we would be happy to address it. I think you summarized the position. Mr. Mullen is here to answer any questions . CHAIRMAN : Anybody else have any questions ? If we so pelieve ' that condition we would probably still - put on a restriction that the vehicles to be displayed be unplate-d so as not to cause a problem with any other organizations within this town in reference to when I refer, to other agencies within the Town . We know that the purpose of the pads are to display vehicles that are for sale and vehicles that. are generally in good condition and therefore , if not new, at best. So mainly , that probably would be a good way of dealing with the whole situation so as ' not to cause a problem with other agencies so they understand that they are new vehicles for sale, they are not anybody elses vehicles placed .up there for the purpose of servicing or anything of that nature . MR. BRESSLER: If it gets to that point Mr. Chairman I don ' t think I ' ll be here representing. CHAIRMAN : We thank you very much . Is there anybody else who would like to speak in favor of this application , anybody like to speak . against the application . Seeing rio hands , I ' ll make a motion closing . the hearing and reserving decision until later.. ALL IN FAVOR: AYE. Page 20 - Appl . No . 4055 Arthur Truckenbrodt Hearing - Transcript of' .September 26 , 1991 CHAIRMAN : I really can ' t answer that. BOARD ASSISTANT L . KOWALSKI : 'There is a violation on the pro- perty. CHAIRMAN : There is a violation on the property. The applicant is seeking to rectify that violation by the nature of this application , I assume . MEMBER: It seems you got the cart before the horse . BOARD ASSISTANT L . KOWALSKI : When was it built? CHAIRMAN : Do we have any idea .when it was built. MR. BOYD : It was begun this Spring some time . I don ' t know exactly when the violation notice was put on it. I agree it is the cart before the horse. I apologize for it but I wasn ' t there. I had nothing to do with that aspect . Certainly if he came to me I would have suggested it be done the other way around . Again , if clients always follow things I told them , I would be out of business pretty soon . CHAIRMAN : Thank you again . Hearing no further comment , I make a motion closing the hearing and reserving decision until later. ALL IN FAVOR : AYE. Theresa Reilly— (Prepared from tape recording) NOTICE OF HEARINGS 4 (6)7:48 p.m.Re:Appl.No.3539. STATE OF NEW YOR - " NOTICE IS HEREBY GIVEN, MICHAEL HERBERT. Application K) pursuant to Section 267 of the Town withdrawing Z.B.A. determination SS: RUTH A.POLMfODA Law and the Code of the Town of rendered September 11, 1986 con- Notary PubGC,State New York 01 Southold,the following matters will kerning a Special Exception to the COUNTY OF SUFFOLK) No.4982430 tote of be held for public hearings before the Zoning Ordinance involving the J Qualified in Suffolk County SOUTHOLD TOWN BOARD OF establishment of a Bed and Breakfast j� ,,'�� APPEALS at the Southold Town Subsequent to the Bed and Breakfast, Commission Ex:)' Mt�tl1CK, in Hall, 53095 Main Road,Southold, the applicant received Special Excep-- 0 Said County, bding duly sworn,says that he/she is Principal NY 11971, on THURSDAY, tion approval rendered March 29 SEPTEMBER 26.1991-commencing 1990 for two apartments,other than Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, at the times speed below: the owner-occupied manager's quar- published at Mattit ek, In the Town of Southold, County of (1)7:30 p.m. Appl. No. 4054 - ters,with conditions.This application WILLIAM A.HANDS,JR.Variance is made pursuant to Condition No. 1 Suffolk and State of New York,and that the Notice of which to the Zoning Ordinance,Article X, of the March 29, 1990 Z.B.A.'i de= the annexed is a Copy,has b regularly published in Section 100-102(and Article XXIV, termination.The subject premises is p �� been re 9 Section 100-242A)for permission to located in the Hamlet-Business(HB) said Newspaper once each week for weeks construct addition to the rear of exist- Zone District and is substandard iri* s lively, commencing on the � day of in rim building y g P 8 with a reduced size.Location of Property:795 Piax 19 easterly side yard setback and with an� Street,Mattituck,NY; County Tax increase of the degree of setback Map No.1000-140-2-23. nonconformance.Zone District:Geri- (7)7:50 p.m. Appl. No. 40561 / eral Business-&Location of Proper- CONSTANTINOS MARKOTSIS.ty: 24375 Main Road,Orient,NY; Variance to the Zoning Ordinance, { Q �' / County Tax Map District 1000,Sec- Article XXIH,Section 100-239.4(B) tion 11,Block 2,Lot 32..- . - ; -- for approval of screen-enclosed deck (2) :35 p.m.Appl.No.4049.MR- addition at less than the required 75 Principal Clerk ANDIMRS.JOSEPH CARPENITO. feet of the bulkhead. The subject Vari ce to the Zoning Ordinance, premises is substandard in size and Article III,Section 100-32 for pem»s- located in the R-40 Zone District,/ ' sion to construct garage addition with Location of Property: Comer of the ,9 insufficient front and side yard set- south side of Main Bayview,Road and Sworn to before this OSJ backs.The subject parcel is known asj d� the east side of Williamsburg Drive Lot 177 of Gardiners Bay Estates, (private road),Southold,NY;County day Of 19 Section Three,is substandard in size, ( Tax Map Parcel No.1000-78-5-12. and is located in the R-40 Zone Dis- (8) 8:00 p.m. Appl..No. 4008- ` _{y ; trict.Location of Property: 170 ALEX HOMAYUNI and CHARLES ��' `— `fig_ �� t wood Lane,East Marion;County Tax KAPOTES.(Reconvened from March. Map No.1000 38-5-5. 22, 1991). Variances to the Zoning - - (3)7:38 p.m. Appl.No. 4053 - Ordinance, Article XXIV,Section DOUGLAS MORRIS. Variance to 100-244B and Section 100-243A for the Zoning Ordinance,Article XX lL permission to construct additions and Section 100-239-411 for permission to accessory building:(1)exceeding the construct deck and step area within 75 maximum lot coverage requirement feet of the bulkhead along Pipes for all structures/buildings, (2) (10) 8:15 P.M.Appl.No.4055 - Cove. The subject premises is increasing or enlarging, and _ referred to as(combined)Lot Num- reconstructing the existing bers 24 8c 25 and is substandard in nonconforming two-family building. ARTHUR TRUCKENBRODT.Vari= size. Location of Property: 1665 (Nonconformities of the subject ance to the Zoning Ordinance,Article Shore Drive,Greenport,NY;County premises are: lot area;both frony7'0 III,Section 100-242,for approval of Tax Map No.1000 47-2-30. yards,and two-family use in this R- an addition to existing dwelling with (4)7:40 p.m. Appl.No. 4052 40 Zone District)Location of Prop- _. a reduced rear yard setback,and of an JOHN AND EVELYN KEATINCyllo arty: Comer of Goldin Avenue and accessory shed located in the side Variance to the Zoning Ordinance, the south side of Soundview Avenue, yard area. Parcel is substandard in Article XXVIII,Section 100-281A(7) Southold,NY;County Tax Map No. '' size and is located in the R 80 Zone and Article XXIV,Section 100-244, A00-135-2-22,16,17,18,19,(all as '." ' District•Location of Property:along for approval of lot which is norcon- one tract of land for purposes of zon- the westerly side of a private right-of- . forming and has not been held in sin- m way known as Deidriek Lane,Orient, gle and separate ownership since _ (9) 8:10 p.m. Appl. 4050 - NY; County Tax Map No. 1000-18- 1957,and upon which is proposed the RICHARD MULLEN,JR.Variance` 03-27. removal of the existing dwelling.A to the Zoning Ordinance,Article X, The Board of Appeals will at said new dwelling structure will be ap- Section 100-101C,for approval of time and place hear any and all per- plied for in the future to locate a two concrete vehicle-display pads sons or representatives desiring to be dwelling which shall not be closer `I, located in the northerly front yar heard in the above matters.Written than 45 feet as restricted by Appeal area, and/or clarification of ZBA comments may also be submitte47-6 No. 3703,rendered June 2, 1988. Appl. Nos. 3675 and 3674 as to prior to the conclusion of the subject Total lot area is substandard at 22,137 whether or not Condition No.2 of the hearing. Each hearing will not start sq. ft. in this R-40 Zone District. November 18,1997 decision intended before the times designated.For more Location of Property: 19995 Sound- to prohibit just parking of vehicles in information,please call 76571809. view Avenue,Southold,NY; County front of outside display area.Location Dated:September 12,1991. Tax Map Parcel No.1000-51-4-6. v.� of party;Comer of Cottage Place BY ORDER OF THE (5)7:45 p.m. Appl.No. 4051 - and the south side of the Main Road, SOUTHOLD WILLIAM AND JOAN FISHXA'o I Southold,NY;County Tax Map No. TOWN BOARD OF APPEALS LINGER. Variance to the Zoning 1000-62-3-20 and 19 (combined as GERARD R GOEHRINGER Ordinance,Article XXIII,Section one lot for purposes of zoning and CHAIRMAN 100-239.4B for permission to con- PI B for the existing use). struct decks and steps between rear of existing dwelling and existing bulk- head.Parcel is conforming as to lot By Linda Kowalski size in this R-40 Zone District. Lo- cation of Property: 1935 Pine Tree Road,Cutchogue,NY;County Tax Map No.1000-98-1-11.1. . � V NOTICE OF HEARINGS 7:40 p.m. Appl. No. 4052- Bed and Breakfast, the appli- i'Cdinance, :10 p.m. Appl. No. 4050- JOHN AND EVELYN cant received Special Exception CHARD MULLEN, JR. NOTICE IS HEREBY GIV- KEATING.Variance to the Zon- . approval rendered March 29, iance to the Zoning Or- EN,pursuant to Section 267 of ing Ordinance,Article XXVIII, 1990,for two apartments,other Article X, Section The Town Law and the Code of Section 100-281A(7)and Article than the owner-occupied -101C, for approval of two. XXIV,Section 100-244, for ap- _ mana er's uarters,with condi- crete vehicle-display ads the Town of Southold, the g q P Y p following matters will be held proval of lot which is noncon- tions. This application is made located in the northerly fron for public hearings before the forming and has not been held pursuant to Condition No. 1 of yard area, and/or clarificatio SOUTHOLD TOWN BOARD in single and separate ownership the March 29, 1990. Z.B.A. I of Z13A Appl. Nos. 3675 an OF APPEALS at the Southold since 1957, and'upon which is determination. The subject 3674 as to whether or not Con- Town Hall, 53095 Main Road, proposed the removal of the ex- premises is located in the dition No. 2 of the November- Southold, NY 11971, on isting dwelling.A new dwelling Hamlet-Business (HB) Zone 18, 1987 decision intended to structure will be applied for in ' District and is substandard in prohibit just parking of vehicle THURSDAY,SEPTEMBER 26, ` .l P g the future to locate a dwelling size. Location of 1991, commencing at the times Property: 795 in front of outside display area. which shall not be closer than 45 Pike Street Mattituck NY Location of Property:Corner o specified below: , 7:30 p.m. Appl. No. 4054- feet as restricted by Appeal No. County Tax Map No. Cottage Place and the south side WILLIAM A. HANDS, JR., 3703 rendered June 2, 1988. 1000-140-2-23. of the Main Road, Southold, Variance to the Zoning Or- Total lot area is substandard at 7:50 p.m. Appl. No. 4056- NY; County Tax Map No. 22,137 sq. ft. in this R-40 Zone CONSTANTINOS MARKOT 1000-62-3-20 and 19 combined dinance, Article X, Section District. Location of Property: - SIS.Variance to the Or- as one lot for purposes oses of zon- 100-102(and Article XXIV,Sec- g P P tion 100-242A)for permission to 19995 Soundview Avenue, dinance Article XXIII,Section ing and planning for the existing construct addition at the rear of Southold,NY;County Tax Map 100-239.4(B) for approval of use). existing principal building with Parcel No. 1000-51-4-6. screen-enclosed deck addition at 8:15 p.m. Appl. No: 4055- a reduced easterly side yard set- 7:45 p.m. Appl. No. 4051- less than the required 75 feet of ARTHUR TRUCKENBRODT.• WILLIAM AND JOAN the bulkhead. The sub Variance to the ZoningOr-- degree of setback nonconfoi- p back and with increase of the FISHLINGER.Variance to the remises is substandard in size dinance, Article III, Section mance. Zone District: General Zoning Ordinance, Article and is located in the R-40 Zone 100-33,and Article XXIV,Sec- Business-B.Location of Proper- Property:XXIII, Section 100-239.4B for District. Location of Pro tion 100-242,for approval of an. ty: 24375 Main Road, Orient, permi ert ssion to construct decks Corner of the south side of addition to existing dwelling view and steps between rear of ex- Main Ba Road and the with a reduced rear,yard set- back and of an acce NY; County Tax Map District y ssor fisting dwelling and existing east side of Williamsbur Drive y shed` 1000, Section 18, Block 2, Lot g bulkhead. g i located the side yard area. 32 Parcel is conforming (private road), Southold, NY; parcel is substandard in size and R as to lot size in this -40 Zone Count Tax Ma •,�7:35 p.m. Appl. No. 4049- Y p Parcel No. is located in the R-SO Zone MR. AND MRS. JOSEPH District. Location of Property: 1000-78-5-12. 1935 Pine Tree Road, Cut- 8:00 m. Appl. District. Location of Property: CARPENITO...Variance to the P• pP. No. 4008- along the westerly side of a ZoningOrdinance, Article 1I1;- chogue, NY; County Tax Map ALEX HOMAYUNI and private right-of-way known as Section 100-32 for permission to No. 1000-98-1-11.1. CHARLES KAPOTES. 7:48 m.Re:Appl.No.3539:P Deidrick Lane, Orient, NY; construct garage addition with p Pp (Reconvened from March 22, County Tax, Map No. MICHAEL HERBERT. Ap- 1991 . Variances to the Zoning insufficient front and side yard ) g 1000-18-03-27. plication withdrawing Z.B.A Ordinance,setbacks. The subject parcel is determination rendered Article XXIV, Sec- The Board of Appeals will at eerm known as Lot 177 of Gardiners tion 100-244B, and Section,01 said time and place hear any and September 11! 1986 concerning 100-243A, for e Bay Estates, Section Three, is a Special Exception to the Zon- per to _ all persons or representatives substandard in size, and is p p construct additions and ac- desiring to be heard in each of ing Ordinance involving the located in the R-40 Zone g cessory building: (1) exceeding the above matters.Written com- establishment of a Bed and the maximum lot coverage ments may also be submitted 1 District. Location of Property: ge re- Y Breakfast. Subsequent to the urirement for all struc- prior to the conclusion of the 170 Dogwood Lane, East q subject hearing. Each hearing Marion; County Tax Map No. tures/buildings,(2)increasing or enlarging, and reconstructing will not start before the times 1000-38-.m. the existing nonconforming two- designated. For more informa- 7:38 p.m. Appl. No 4053- g g tion, please call 765-1809. DOUGLAS MORRIS.Variance,',, family building. (Nonconfor- Dated: September 12, 1991. to the Zoning Ordinance, Arti- mities of the subject premises BY ORDER OF THE cle XXIII, Section are: lot area, both front yards,100-239.4B I SOUTHOLD TOWN for permission to construct deck and two-family use in this R-40 I BOARD OF APPEALS and step area within 75 feet of Zone District.)Location of Pro- I GERARD P. GOEHRINGER the bulkhead along Pipes Cove. perty:Corner of Goldin Avenue CHAIRMAN The subject premises is referred and south side of Soundview By: Linda Kowalski to as (combined) Lot Numbers Avenue,Southold,NY; County 1X-9/19/91(42) ! 24 & 25 and is substandard in Tax Map No. 1000-135-2-22, 16, 17 18 19 all r- = -- size.Location of Property: 1665 � , ( as one tract of; �1 --- --------..i ./7 Shore Drive, Greenport, NY; land for purposes of zoning). �►; -= �;� 1 1I�,11 County Tax Map No. 1000-47-2-30. /may//N !; COUNTY OF SUM S'I'A'1'I: 01: NEW YOIZK ss: Patricia Wood,- being duly sworn, says that she is the Editor, of 1'FIE LONG ISLAND TRAVELER-WATCFIMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, h,Is bCell ,Ilublished in said Long Island 1'raveler-Watchrrlan once each week for . . . . . . . . . . . . . . . . . . . . . / . . . . weeks Successively, commencing on the . . . . . . . . . �� .` . , clay of . . . . . , 19 Sworn to before Ille This .:. . . . . . . . • . . . . . . . . . . . clay of . . . . . . '. . . . . . . . . . . , 19 . . . . . . . . . . . . . . . . . « G ✓ . . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Ste.te of New York 1 No. 4806846 Qualifier) in Suffolk LC My Commission Expires /3JJ 2 _ f 1, o��FFo�K�oo o y JUDITH T. TERRY Z < Town Hall, 53095 Main Road TOWN CLERK G T P.O. BOX 1179 REGISTRAR OF VITAL STATISTICS Cn Southold, New York 11971 MARRIAGE OFFICER V� • Fax (516) 765-1823 Telephone (516) 765-1801 '7 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL #4050, RICHARD MULLEN, JR. DATED: AUGUST 23, 1991 Transmitted is application for variance submitted by Wickham, Wickham, S Bressler, P. C. on behalf of RICHARD MULLEN, JR. together with notification to adjacent property owners; short environmental assessment form; Notice of Disapproval from the Building Inspector; Zoning Board of Appeals Questionnaire; three (3) prints of site plan; and other documents relative to application: J _ LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O.BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER 516-298-5300 ABIGAIL A.WICKHAM 516-298-8353 TELEFAX NO.516-298-2012 DANIELC.ROSS TELEFAX NO.516-298-8565 KAREN J.HAGEN HUBERT F.SULLIVAN JOSEPH C.SAVINO August 16, 19(1--' r Southold Town Board of Appeals !l pi- Southold Town Hall Main Road j. l_ I. ..............._ Southold, New York 11971 Re: Variance application for Richard Mullen, Jr. SCTM #1000-62-3-20 Gentlemen: In connection with the application for the above cited variance, enclosed are the following: 1. Notice of Disapproval; 2. Application in triplicate; 3. Notice to Adjoining Property Owners with proof of mailing; 4. Environmental Assessment form; 5. Z.B.A. Questionnaire; 6: Three prints of site plan; 7. Check in the sum of $300.00, representing the application fee. Please contact the undersigned if there are any additional items needed. ery u ours Daniel C. Ross INSPECTORS Victor Lessard Principal Building Horton n Inspector �G,� SCOTT L.HARRIS,Supervisor Senior Building Inspector GoZ Southold Town Hall Thomas Fisher �- ^+Building Inspector P.O.Box 1179,53095 Main Road Gary FishG • � 0! Southold, New York 11971 Building Inspector ®1 `�►a Fax(516) 765-1823. Telephone (516) 765-1800 Vincent R.Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR Telephone (516) 765-1802 TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL Date: July 30, 1991 TO: Karen Hager- a/c RICHARD MULLEN Box 1424 Mattituck, N.Y. 11952 PLEASE TAKE NOTICE that your application dated: July 30, 1991 for permit to: Construct display area in Front Yard at Location of Property: 56120 MAIN ROAD & 45 COTTAGE. PLACE, SOUTHOLD, N.Y. County Tax Map #1000-Section 062 Block 03 Lot 20 Subdivision Map # Lot # is returned herewith and disapproved on the following grounds: ARTICLE X SECTION 100-101C ACCESSORY USES.. ACTION REQUIRED BY ZONING BOARD OF APPEALS. ARTICLE XXV SECTION 100-250 SITE PLAN. APPROVAL REQUIRED BY PLANNING BOARD. 2 ' l ,l C�1 ►M.. .�Gam• Victor L69sard Principal Building Inspector RV 1/80 R FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL v tt II / Date . . . . . . . . . ., 19 9 r To . K.q�;L,l7i,1 .`7,0.r �. �l`. . .l�-�: 1Y . . !"�"/ M.r1L�1 . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your aapplication dated . . , , %-�O, , , , , , 19 for permit to �-� .�-o i�.t,r. . a . . . . / .. .. P:J. U I at Location of Property� A. ax.+..:.. . .rv-a-Qa House No. Street Ham/et County Tax Map No. 1000 Section . . . .0.(P.L . . . . Block . . .® 3. , , , . . . Lot ./ d.+. 3. . , , , , Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . L^ot.No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .Yti -� ",�. . . . . . . . . . . ?. Q . . . . . . . . . . . . . . ....J, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • Building� Inspector. . . . . . . RV 1/80 • � ..1e`,ti;p�I2ff171—Ti2-,R,l•��._:h • ?ROJECT I.D.NUMBER 617.21 SCQR Appendix C State Environmental Quality Review r SNORT ENVIRONMENTAL ASSESSMENT FORM \ For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION(To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR Richard Mullen, Jr. 2. PROJECT NAME 3. PR Variance for Richard Mullen, Jr. PROJECT'LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,WC.Or provide map) Southeast corner of Main Road and Cottage Place; Southold, New York S. IS PROPOSED ACTION: I]New/ ❑Expansion ®Modlflcatlorvalteratlon 6."DESCRIBE PROJECT BRIEFLY: Mr. Mullen would like to continue to use two car pads which are located between the recent addition and the front property line. 7. AMOUNT OF LAND AFFECTED: Initially 17,500 sq. f t4e..s• ultimately 17,500 sa. f t 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No It No,describe briefly - There is an issue as to whether the' prohibi.tion Vith' respect to cars in front of the • waq . % 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? .13 Residential ❑Industrial Commercial ❑A ricultureDesenbr ❑Park/ForestlOpen space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? ❑Yes ®No If yes.list agency(s)and permiVapprovals 11• DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r� 1.3Yes ❑No It yea,list agency name and permitlapproval Southold Town Planning Board - • Site plan approval, Southold Town Zoning Board of Appeals - Special Exception 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanusponsor na Dale: `I 1 Signature: If the action is in the Coastal Area. an you are a state agency, complete the Coastal assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) a The N.y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be before any action is taken. made l:y this Board 6. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a1 In order to answer the questions in this short EAF it is assumed , that the preparer will use currently available information concerning the project d cted that additional studies�,eresearch tor other investigations will s of the action. It is not ebeeundertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental; Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change e to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? .. Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large. impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes XNo 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ' known to be important to the community? -Yes X No ' 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicd-1 importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or • future recreational opportunities? Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X �No 13. Will project have any impact on public health or safety? Yes X Na 14. Will project affect.ct the existing community by directly causing a growth in permanent Popula- tion of more than 5 percent over a one-year , period or have a major negative effect on the Yes X No character of the community or neighborhood? 15. Is there public controversy concerning the project? -Yes Xyo Preparer's Signature: j Representing: 29A y/75 Date: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. . APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (-Separate sheet may be attached. ) Richard Mullen, Jr. Owner B. Is the subject premises listed on the real estate market for . sale or being shown to prospective buyers? ( ) Yes { x) No. (If Yes, please attach copy of "conditions" of sale_ ) C. Are -there any proposals to change or alter land contours? { } Yes [XI No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N.A. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? None If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. SCTM# 1000-62=3-19 and 11 I. Please list present use or operations conducted at this parcel Car Dealership and proposed use Car Dealership Authoriie,<ff SfgnatUrVAnd DAite 3/87, 10/901k -r' INSPECTORS Victor Lessard O�gVFfO��C Principal Building Inspector Curtis Horton �� y� SCOTT L.HARRIS, Supervisor Senior Building Inupector y Z Southold Town Hall Thomas Fisher Building Inspector P.O.Box 1179,53095 Main Road Gary Fish • ?� �! Southold, New York 11971 Building Inspector �01 �a Fax(516) 765-1823 T-elephone-(516 ..765-, Vincent R.Wieczorek � � Ordinance Inspector Robert Fisher Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR AUG 2 2 1991 ` Telephone (516) 765-1802 TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL Date: July 30, 1991 TO: Karen Hager- a/c RICHARD MULLEN Box 1424 Mattituck, N.Y. 11952 PLEASE TAKE NOTICE that your application dated: July 30, 1991 for permit to: Construct display area in Front Yard at Location of Property: 56120 MAIN ROAD & 45 COTTAGE PLACE, SOUTHOLD, N.Y. County Tax Map #1000-Section 062 Block 03 Lot 20 Subdivision Map # Lot # is returned herewith and disapproved on the following grounds: ARTICLE X SECTION 100-101C ACCESSORY USES. ACTION REQUIRED BY ZONING BOARD OF APPEALS. ARTICLE XXV SECTION 100-250 SITE PLAN. APPROVAL REQUIRED BY PLANNINGBOARD. •oL Victor Le aid Principal Building Inspector RV 1/80 4 ZLE/ / r� a• a•. �02— �-r�2d .10 $� :e 10, e PO .ems O d.cr•` •4 e a '.e •6. bv� � a •I io` r.c �• ,.• ' Mpg+\ �,z i 9 0 so 0. .p _ -_ _'�1•p•__ q too So°`♦++ dye. ♦• MME © COUNTY OF SUFFOLK m. arIrSOUTHOLD rerio..a Real Property Tax Service Agency �' •=rd .: 062 ! c..,., c...., 1000 .. ..' .- ra....L..i 1 IM bra. �- �►/ ., M� ,�, . Nryl Ar • y� 1U, �1�+!�ntio �� `` :,ee� •, Mf � `�j•�♦ III I°� ���' ems_■i.'�' `'�� � � y�•i��N 30AR0 OF APPEALS TOWN OF SOUTHOLD In the platter of the Petition of NOTICE Richard Mullen Jr. TO to the Board of Appeals of the Town nf Southold aDJnCE:IT PROPERTY CHINE' TO: Albert W. Albertson & Ano. Hortons Lane Southold, New York 11971 Richard Mullen, Jr. , Southold, New York 11971 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 choicel Clarification of previous ZBA ruling regarding r ^rc ;n f�^n+ ^-P ) 2. That the property which is the subject of the Petition is located adjacent to your pro erty and is des- asfollows: Southeast corner of Main Road and Cottage Place, Southold, phew York 3. That the property which is the subject of such Petition is located in the following zoning district: General Business undersigned will request the following relief: To continue the use 3 That h} such Petition, the tween the addition to the building and the front property of car pads located be line. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Ar icle )( sec—=C=1 Lyn IC)j f [ ] Section 280-A, New York Town Law for approval of access over right(s)-or--way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will ` be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there exaJnine 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: 2 ctl Petiti ner Owners ' Names : Richard Mullen, Jr. Post Office Address Main Road Southold, New York 11971 Te 1 . No . ( 516 ) 765-3564 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] ' r l PROOF OF MAILING OF NOTICE ATTACIi CERTIFI D kAIL RE:C IPTS NAM ADDRESS Mr. Albert W. Albertson & Ano. Hortons Lane, Southold, New York 11971 STATE OF.NEW YORK ) ss.: COUNTY OF SUFFOLK) Virginia Maginn residing at Bun al owLane-- Matti tijr' being duly sworn, deposes and says that on the / day of August fig qj deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ;that.said Notices were mailed to each of said persons by (certified) (registered) mail. ` VIRGINIA WY NN Sworn to before me this A day, of August , 19 91 Notary PublicWMeOWWWA , N1WW r Nei �T OMiM1rw�61"Ilk �•1�'\ . ( This side does not have to be completed on form transmitted to adjoining property owners . ) MAIN ROAD N. Y. S. RTE. NO. 25 E � 100.00 dro nsfona N. aT• 02• oo- E. '- , I"CIA- Zo z A g r a sis EP.9' � font• r � . E 7 CLl CY '' y j b��9 ! H cone R .J.pTO LOTO s Z , bla�Q ry g ?'" LOT NUMBERS ARE REFERENCED TO c45' ' MAP OF PROPERTY OF JENNME A. �00.0 r COCHRAN • FILED /N THE OFFICE OF ' I THE SUFFOLK COUNTY CLERK AS MAP NO. 399. f • - • 40. W' 33 T na � RMULL IGNA AREA = 18250 Sq. ft. Nt01F Prepared in accordance w11h the mink" m SURVEY FOR standards for //1/e surveys as eslobflshed by the L.1.A.L.S and approved and adopted MULL ��for such use by The ew York Stale Land MO TORSS INC, • Tffle Assoc/olfon. A � SO U HOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. do`ANos� 1000 - 62 - 03 = 20 r •1. MET SCALE' f� 201 AUG. 13, 1991 �\ Y 12Du .Y.S LiG NO. 49618 EE EC V TORS, P.C. ? I i991 (516) 765 - 5020 P. O. BOX 909 MAIN ROAD and -SOUTHOLD, N.Y. 1197/ m 91 - 224 NNO uj 12 �5 lca 10 co COO .S,V(MULLe L.7 41 Iyew L 44 -f Ta A*21A itJill L:t